HomeMy WebLinkAbout03-6144wPss No. 00004654
WAIVER OF LIENS
WItEREAS, Benjamin M. Sweeney and Sherry L. Sweeney, of Cumberland County, Pennsylvania, entered
into a contract with L. J. Kiner & Sons Construction, of Cumberland County, Pennsylvania, to provide materials
and perform labor necessary for completion of a residential dwelling situate upon lot of ground located:
1331 Pine Road, Carlisle, PA 17013, Dickinson 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 or
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 Pennsylvania, 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.
1N WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 21st day of
November, 2003.
WITNESS:
~ncoln Kiner, Owner
"EXHIBIT A"
ALL THAT CERTAIN tract of land, with improvements thereon erected, situate in the Townshiv of
Dickinson, County of Cumberland and State of Pennsylvania, bounded and described as follows:
BEGINNING at a Black Oak in line of land now or formerly of R. W. Gelsinger; thence by land now or
formerly of Nathan Naugle and following the center line of a mountain road, South sixty-five (65) degrees
East, one hundred thirty-seven and four tenths (137.4) feet to a point; South sixty (60) degrees East, one
hundred thirty-one (131) feet to a point; South sixty-six and three-fourths (66 3/4) degrees East, one hundred
fifteen and five tenths (115.5) feet to a point; and South fifty-six and one-fourth (56 1/4) degrees East, eighty-
two and seven tenths (82.7) feet to an iron pin; thence by land now or formerly ofF. B. Boyles and following
the mountain road in a southeasterly direction, seven hundred fifty-six (756) feet, more or less, to line of land
now or formerly of Ed Sunday; thence by the same South seventy-two and one-fourth (72 1/4) degrees West,
five hundred thirty-five (535) feet, more or less, to the center line of a mountain road; thence following said
mountain road in a northwesterly direction and by land now or formerly of Nathan Naugle, six hundred sixty
(660) feet, more or less, to line of land now or formerly of R. W. Gelsinger; thence by the same North thirty-
seven and one-half (37 1/2) degrees East, forty-two (42) feet, more or less, to a stake; thence by same North
twelve (12) degrees West, three hundred seventy and five tenths (370.5) feet, to the place of BEGINNING.
CONTAINING 8.7 acres.
BEING the same premises which Cora D. Douglas, Executrix of the Estate of William W. Dreisbach,
Deceased, and Don P. Dugan, a married man, by Deed dated the 6th day of November, 2002, and recorded at
Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 20th
day of November, 2002, in Record Book 254, Page 3150, granted and conveyed unto Benjamin M. Sweeney
and Sherry L. Sweeney, his wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
LrpI NO. 08-12-0334-069