HomeMy WebLinkAbout03-6219wPss No. 00004666
WAIVER OF LIENS
WHEREAS, Timothy L. McKeehan and Bonnie J. McKeehan, of Cumberland County, Pennsylvania, entered
into a contract with Byler Contractors, of Franklin County, Pennsylvania, to provide materials and perform
labor necessary for completion of a residential dwelling situate upon lot of ground located:
Lot 21 Shed Road, Newville, PA 17241, Lower Mifflin 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·
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals this 26th day'0~ '
November, 2003.
WITNESS:
Timothya~. McKeehan
Bonnie J. McKeehan
EXHIBIT "A"
ALL THE FOLLOW/NG tract of land, lying, being and situated in Lower Mifflin Township, Cumberland County, Pennsylvania,
bounded and limited as follows, to wit:
BEGINNING at a point in Shed Road (T-412) at a common property comer of Lot ;921 and #22 as shown on the Preliminary/Final
Subdivision Plan of Scenic View; thence from said point of begiuning along Lot #22, South sixty-seven (67) degrees fifty-six (56)
minutes twenty-eight (28) seconds West, a distance of four hundred sixty-three and sixty-one one-hundredths (463.61) feet to a point at
a common property comer of Lot #20 and Lot #21; thence along a portion of Lot #20, North twenty-six (26) degrees twenty-nine (29)
minutes five (05) seconds West, a distance of two hundred thirty-three and fifty-three one-hundredths (233.53) feet to a point at a
conumun property corner of Lot #20 and Lot #21 on the southern side of a fifty (50) foot private access for Lots #18, #19, and #20;
thence along a portion of the fifty (50) foot private access for Lots #18, #19, and #20, North sixty-eight (68) degrees thirty-nne (31)
minutes twenty-sevan (27) seconds East, a distance of four hundred eighty and forty-seven one-hundredths (480.47) feet to a point in
Shed Road (T-412); thence through Shed Road (T-412)the following (2) courses: 1) South twenty-two (22) degrees eleven (11)
minutes twenty-four (24) seconds East, a distance of two hundred twenty and sixty-one one-hundredths (220.61) feet to a point; thence
2) South twenty-seven (27) degrees twenty-four (24) minutes twenty-five (25) seconds East, a distance of seven and thirty-seven one-
hundredths (7.37) feet to a point in Shed Road, said point being the place of BEGINNING. CONTAINING 108,652.89 square feet or
2.4943 acres gross area, with a net acreage of 2.3629) acres to the dedicated right-of-way line. BEING identified as Lot #21 as shown
on a plan of lots prepared for Realand, Inc. by Hoover Engineering Services,/nc., dated March 30, 2000 and recorded July 25, 2000 in
the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 81 at Page 93.
BEING the same premises which Realand, Inc, a Corporation by Deed dated the 2nd day of March, 2001, and recorded at
Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cm~berland, on the 9th day of Apr/l, 2001, in
Record Book 242, Page 421, granted and conveyed unto Timothy L. McKeehan and Bonnie J. McKeehan, his wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 15-05-0413-077