HomeMy WebLinkAbout02-2005w~s~ No. 00002148 O~1,-- ~00~"' /'OLD
WAIVER OF LIENS
WHEREAS, William H. Comman and Tina M. Cornman, of Cumberland County, Pennsylvania, entered into a
contract with S & A Custom Built Homes, Inc., of Cumberland County, Pennsylvania, to provide materials and
perform labor necessary for completion of a residential dwelling situate upon lot of ground located:
22 Showaker Road, Newville, PA 17241, Penn 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 22nd day of
April, 2002.
WITNESS:
William H. Comman
Donald ~n/0~on, Regional Manager
EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in PENN TOWNSHIP, Cumberland County, Pennsylvania, more particularly bounded
and described in accordance with a Subdivision Plan for Harold L. and Madalyn K. Comman, prepared by Charles W. Junkins,
Registered Surveyor, dated September 19, 1997, and recorded in Cumberland County Plan Book 75, Page 144, as follows:
BEGINNING at a concrete monument (set) on the Eastern right of way line T-429 (Showaker Road) at the comer of proposed lot
number 2 (subdivision plan PB 75, Page144); thence along proposed lot number 2 South fifty-eight (58) degrees fit~y-one (51)
minutes fon'y-two (42) seconds East, a distance of five hundred twenty-seven and thirty-eight one-hundredths (527.38) feet to rebar
pin (se0; thence South twenty-five (25) degrees fifty-four (54) minutes forty-seven (47) seconds East, a distance of seven hundred
twenty-five and forty-eight one-hundredths (725.48) feet to rebar pin (se0 at comer of lands now or formerly of John Michael Ickes;
thence along said lands of John Michael Ickes North seventy-one (71) degrees forty-five (45) minutes West, one thousand four
twenty-three and ninety-five one-hundredths (1423.95) minutes, a distance of one thousand four hundred fifty-two and tiffy-four one-
hundredths (1452.54) feet to set rebar found at comer of lands now or formerly of David L. and Mary C. Hurst; thence along said
lands comer of lands now or formerly of David L. and Mary C. Hurst; thence along said lands of David L. and Mary C. Hurst North
fifty-four (54) degrees one (01) minutes fifty-seven (57) seconds West, a distance of one hundred three and three one-hundredths
(103.03) feet to concrete monument (set) on the Eastern right of way line of T-429 (Showaker Road); thence by a curve to the left
with a radius of eighty and zero one-hundredths (80.00) feet an arc length of sixty-five and twenty-five one-hundredths (65.25) feet to
a point located on the right of way line; thence along T-429 (Showaker Road) North twenty-six (26) degrees forty-two (42) minutes
sixteen (16) seconds East, five hundred seventy-nine and four one-hnndredths (579.04) feet to a concrete monument (set) the place of
BEGINNING. Containing 10.816 acres, more or less.
BEING the same premises which Harold L. Comman and Madalyn Kough Comman, His wife, by Deed dated the 6th day of
February, 1998, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on
the 6th day of February, 1998, in Record Book 171, Page 914, granted and conveyed unto William H. Comman and Tina M.
Comman, his wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 31-10-0622-023