HomeMy WebLinkAbout03-4871w~Pss No. 00004484
WAIVER OF LIENS
WHEREAS, Jeffrey F. Kulick and Mary Catherine Kulick, of Cumberland County, Pennsylvania, entered into
a contract with Bryan D. Weary Construction, of Cumberland County, Pennsylvania, to provide materials and
perform labor necessary for completion of a residential dwelling situate upon lot of ground located:
5 Hickorytown Road, Carlisle, PA 17013, Middlesex Township, CUMBERLAND County, PENNSYLVANIA,
as more particularly set forth in Exhibit "A" attached hereto.
NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties, as part of the said
contract and for the consideration therein set forth, that neither the undersigned contractor, any sub-contractor r,r
material man, nor any other person furnishing labor or materials to the said contractor under this contract shall
file a lien for work done or materials furnished to the said building or any part thereof.
This stipulation is made and intended to be filed with the County Prothonotary within ten (10) days after date, in
accordance with the requirements of the Act of Assembly of Peunsylvania, in such case provided.
The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the
Office of the Prothonotary where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963
and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby
agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may
provide any labor or materials under the General Contractors Agreement with the owner and who, but for the
same, waiver, would be entitled to assert Mechanics Liens against the owners property under the Mechanics
Lien Law of 1963.
The General Contractor also hereby agrees to provide actual Notice of the Lien Waiver to all subcontractors,
materialmen and suppliers prior to providing any labor or material by them to the project and will further
provide for a written acknowledgment by each of these persons of the Lien Waiver prior to providing any labor
or materials to the project.
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this llth day of
September, 2003.
WITNESS:
Mary C~aerine Kulick
~. Weary, Own¢~
"EXHIBIT A"
ALL THAT CERTAIN lot or piece of land situate in MIDDLESEX TOWNSHIP, Cumberland Connty,
Pennsylvania, bounded and described according to the Preliminary/Final Subdivision Plan for Lee C. and Jean
E. Morrison prepared by Fisher Mowery Rosedale and Associates, Inc. surveyors, engineers and planners dated
May 10, 1991, and revised June 24, 1991 September 4, 1991 September 23, 1991 October 1, 1991, October 22,
1991 and recorded in Cumberland County Plan Book 63, Page 114 as follows, to wit:
BEGINNING at a point in Hickorytown Road, T-572 at the Southwestern comer of Lot No. 7 on the above
referenced to Plan; thence along said along said Lot No. 7, South eighty eight (88) degrees forty eight (48)
minutes twenty (20) seconds East two hundred eighty and twenty one hnndredths (280.20) feet to an iron pin
set; thence along Lot No. 4 on the above referenced to Plan, South eleven (11) degrees twenty three (23)
minutes eighteen (18) seconds West three hundred thirty and zero one hundredths (330.00) feet to a point;
thence along Trindle Road, S.R. 0641, North seventy eight (78) degrees thirty six (36) minutes forty two (42)
seconds West three hundred ninety six and eighty four one hundredths (396.84) feet to a point in intersection of
Trindle Road, S.R. 0641, and Hickorytown Road, T-572; thence along said Hickorytown Road T-572, North
thirty four (34) degrees forty four (44) minutes twenty three (23) seconds East three hundred five and forty
three one hundredths (305.43) feet to the point and place of BEGINNING. BEING Lot No. 5 on the
Preliminary/Final Subdivision Plan for Lee C. and Jean E. Morrison and containing 2.32 acres, inclusive of the
dedicated right of way.
BEING the same premises which Joseph Thomas Ombb and Debra Ann Gmbb, his wife by Deed dated the
29th day of April, 1998, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for
the County of Cumberland, on the 5th day of May, 1998, in Record Book 176, Page 839, granted and conveyed
unto Jeffrey F. Kulick and Mary Catherine Kulick, husband and wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 21-09-0535-039