HomeMy WebLinkAbout04-2296WPSS So. 00004873
WAIVER OF LIENS
WHEREAS, Samuel R. Cunningham Jr. and Tamela A. Curmingham, 54 Owl Lane, Newville, of Clinton
County, PENNSYLVANIA, entered into a contract with Bryartt Minnich, 95 Fox Lane, Newville of Clinton
County, PENNSYLVANIA, to provide materials and perform labor necessary for completion of a residential
dwelling situate upon lot of ground located:
54 Owl Lane, Newville, PA 17241, Upper Frankford Township, CUMBERLAND County, PENNSYLVANIA,
as more particularly set forth in Exhibit "A" attached hereto.
NOW, THEREFORE, it is hereby stipulated and agreed by arid 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 imended 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 &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 14TH day of
MAY, 2004.
WITNESS:
Tamela A, Cunningham
t Minnich, Owner
EXHIBIT "A"
ALL THAT CERTAIN tract of land with improvements thereon erected, s/mate in the Township of Uvt)er Frankford, Cumber/and
County, Pennsylvania; being known as Lot 2 as shown on a Plan prepared by Eric L. Diffenbaugh, P. L. S., dated August 15, 2000,
and recorded in the Office of the Reoorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 82,
Page 44, and being more fully bounded and described as follows:
BEGINNING at an existing iron pM at the corner of lands now or formerly of Earl E. Gayman, et ux. And other lands of the
Grantors herein; thence along other lands of the Grantors South zero (00) degrees fifty-one (51) minutes fifty (50) seconds East one
hundred forty-one and eighty-five one-hundredths (141.85) feet to a set iron pin; thence cuntinuing along lands of the Grantors
South eighty-one (81) degrees thirty-one (31) minutes fifty (50) seconds West one hundred thirty-six and twenty-five one-hundredths
(136.25) feet to a set fi'on pin; thence conimuing along lands of the Grantors North eight (08) degreos twenty-eight (28) minutes ten
(10) seconds West two hundred eighty-nine and fifty-two one-hundredths (289.52) feet to a set iron pin; thence continuing along
same North eighty-one (81) degrees thirty-one (31) minutes fifty (50) seconds East one hundred fifty-five and zero one-hundredths
(155.00) feet to a set iron pin; thence along lands now or formerly of Gayman South eight (08) degrees twenty-eight (28) minutes ten
(10) seconds East one hundred forty-nine and twelve one-hundredths (149.12) feet to an existing fi.on pin, the place of BEGINN/NG.
CONTAINING 1.0000 acres.
BEING the same premises which William D. Moore, Jr., also known as William D. Moore and Tammy S. Moore, husband and wife
by Deed dated the 31 st day of January, 2001, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for
the County of Cumberland, on the 1st day of February, 2001, in Record Book 238, Page 1024, granted and conveyed unto Samuel R.
Cuuningham, Jr., single man.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 43-04-0389-008