HomeMy WebLinkAbout04-2616wPss No. 00004872
WAIVER OF LIENS
WHEREAS, Jason R. Shenk and Shani Holleran Shenk, 1153 Pheasant Drive North, Carlisle, PA 17013 of
Cumberland County, PENNSYLVANIA, entered into a contract with Wolf Builders, Inc., 35 Kutz Road,
Carlisle, PA 17013 of Cumberland County, PENNSYLVANIA, to provide materials and perform labor
necessary for completion of a residential dwelling situate upon lot of ground located:
376 Kerrsville Road, Carlisle, PA 17013, West Pennsboro 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 ~ lien for work done or materials furnished to thc 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.
IN WlTNESS WHEREOF, the said pm'tics hereto have hereunto set their hands and seals this 1st day of June,
2004.
WITNESS:
~hani HollglCa[ Shenk /t~/
Je.'_.y Wol~ President
EXHIBIT "A"
ALL THAT CERTAIN tract of land with improvements thereun erected, situate, lying and being in West Pennsboro Township,
Cumberland County, Pennsylvania, being more fully bounded and described as follows, to wit:
BEGINNING at a point in or near the center of Kerrsville Road (T-326); thence continuing in and along the same by a curve to the
right having a radius of one hundred sixty and thirty-three one-thousandths (160.033) feet and an arc length ofune hundred ninety-
nine and seven hundred thirty-six one-thousandths (199.736) feet and a chord bearing of South seventy-seven (77) degrees thirty-
nine (39) minutes thirty-three (33) seconds East, a distance of one hundred ei~ty-seven and twenty-two one-thousandths (187.022)
feet to a point in said roadway; thence leaving the aforesaid roadway and extending along lands now or formerly of Hazel E. Myers
the following courses and distances: 1) South one (1) degree thirty-one (31) minutes thirty-five (35) seconds East, a distance of one
hundred ninety and seven hundred sixty one-thousandths (190.760) feet to a point; 2) thence South nine (09) degrees forty-three
(43) minutes twenty-three (23) seconds East, a distance of one hundred forty-nine mad eight hundred ten one-thousandths (149.810)
feet to a point at lands now or formerly of Donald J. Myers; thence along the last mentioned lands the following courses and
distances 1) South seventy-four (74) degrees forty-three (43) minutes thirty (30) seconds West a distance of four hundred eighty and
one hundred sixty-one une-thousandths (480.161) feet to a point; 2) thence North twenty-eight (28) degrees twelve (12) minutes
fiRy-nine (59) seconds West, a distance of one hundred twenty-one and five hundred ninety-six une-thousandths (121.596) feet to a
point at Lot No. 1 of the hereinafter referred to subdivision plan; thence along Lot No. 1 and Lot No. 5 the following courses and
distances: 1) North fitly-four (54) degrees twenty-six (26) minutes thirty-four (34) seconds East, a distance of three hundred three
and five hundred seventy one-thousandths (303.570) feet to a point; 2) North fifteen (15) degrees twenty (20) minutes four (04)
seconds East, a distance of two hundred twenty-nine and three hundred seven one-thousandths (229.307) feet extending into
Kerrsville Road (T-326), the point and place of BEGINNING.
CONTAINING a gross area of 3.018 acres and a net area of 2.910 acres and being designated as Lot No. 5A and Lot No. 6 on a
Final Subdivision Plan of Mandy Meadows, prepared by Shdly & Witter, Inc., Professional Land Surveyors. Said Final Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 79, at Page 44, mad Plan Book 83, page 72.
AND
BEGINNING at an existing Railroad Spike in or near the center of the Kerrsville Road (T-326) at the northwesterly comer of lands
now or formerly of Mark A. Mateya and Patricia A. Mateya, his wife, the Grantors herein; thence along the westerly line of said
Mateya property tile following two (2) courses and distances: South fifteen (15) degrees twenty (20) minutes four (04) seconds West,
a d/stance of two hundred twenty-nine and three hundred seven one-thousandths (229.307) feet to a point; thence South fifty-four
(54) degrees twenty-six (26) minutes thirty-four (34) seconds West, a d/stance of one hundred seventy-six and nine hundred twenty-
three one-thousandths (126.923) feet to a point at the southeasterly corner of lands now or formerly of Harry H. Fox, Jr. and Ann G.
Fox, his wife: thence along the eastern line of said Fox property North thirty-two (32) degrees fifteen (15) minutes fitly-nine (59)
seconds East, a distance of three hundred eighty-three and two hundred two one-thousandths (383.202) feet to an existing Railroad
Spike in or near the center of Kerrsville Road (T-326) at the northwesterly comer of said land now or formerly of said Mateyas, the
point and place of BEGINNING.
CONTAINING a gross area of .294 acres and being designated as Lot No. 5A on that certain Final Plan, Lot Addition Subdivision,
Lot 5, prepared by Shelly & Witter, Inc., Professional Land Surveyors, dated June 12, 2000, Job No. M00-15-58-65. Said Final Plan
is recorded Ltl the Cumberland County Recorder's Office in Plan Book 83, Page 72.
BEING tile same premises which Mark A. Mateya and Patricia A. Mateya, his wife by Deed dated the 25th day of September, 2002,
and recorded at Cumberland Countyin the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 30th dayof
September, 2002, in Record Book 253, Page 4008, granted and conveyed unto Jason R. Shenk and Shanl Holleran Sl~nk.
UNDER AND SkFBJECT TO restrictions mid conditions as now appear of record.
UPI NO. 46-09-0521-094