HomeMy WebLinkAbout03-5011w?ss No. 00004453
WAIVER OF LIENS
WHEREAS, Susan D. Fyock and David L. Roles, of Cumberland County, Pennsylvania, entered into a contract
with Keith E. McNaughton Modular Home Sales, of Cumberland County, Permsylvania, to provide materials
and perform labor necessary for completion of a residential dwelling situate upon lot of ground located:
489 Springfield Road Lot 8, Shippensburg, PA 17257, North Newton 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, may 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 18th day of
September, 2003.
WITNESS:
Susan D. Fyock
David L. Roles
Ketth E. McNaughton, Secretary
EXHIBIT "A"
ALL THAT CERTAIN tract of land in NORTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, bounded and described
in accordance with a Plan prepared by John R. Kissinger, R.S., and recorded in the Office of the Recorder of Deeds for Cumberland
County in Plan Book 64, Page 51.
BEGINNING at a railroad spike in centerline of T-305, Horn Road at comer of Lot No. 9 on said Plan; thence along Lot No. 9 on said
Plan, South forty-eight (48) degrees forty-nine (49) minutes filly-eight (58) seconds West, fora hundred sixty-foar and thirty-one one-
hundredths (464.31) feet to an iron pin; thence along Lot No. 7 on said Plan, Nozth thirty-four (34) degrees three (03) minutes
seventeen (17) seconds West, two hundred forty-me and ninety-nme one-hundredths (249.99) feet to a raikoad spike; thence along
centerline of Springfield Road, T-333, North fifty-five (55) degrees fifty-six (56) minutes forty-three (43) seconds East, four hundred
six and forty-seven one-hundredths (406.47) feet to an existing railroad spike in intersection of T-333 and T-305; thence along
centerline of T-305, Horn Road, South forty-nme (49) degrees forty-seven (47) minutes fifty-six (56) seconds East, two hundred and
zero one-hundredths (200.00) feet to an existing raikoad spike, the place of BEGINNING.
Containing 2.2202 acres and designated as Lot No. 8 on Plan of Fred Willis.
BEING the same premises which Bryan J. Fink and Crystal L. Fink, husband and wife by Deed dated the 15th day of November, 2002,
and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Dauphin, on the 19th day of
November, 2002, in Record Book 254, Page 3036, granted and conveyed unto Susan D. Fyock, single woman, and David L. Roles,
married man.
UNDER AND SUBJECT TO restrictiot~s and conditions as now appear of record.
UPI NO. 30-10-0616-047