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Home My WebLink About00-02927 .." STANLEY S. CONNER Owner, v. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; NO. {YJ- ~9')'7 IfJ/dj Fred Tiday Builders General Contractor : WAIVER OF LIENS CONTRACTOR'S WAIVER OF LIENS THIS AGREEMENT, made this 8 day of May, 2000, between Stanley S. Conner, of Camp Hill, Pennsylvania ("Owner") and Fred Tiday Builders, ("Contractor"): WHEREAS, by a duly executed written agreement bearing even date herewith (the "Contract"), Owner and Contractor have contracted for the construction of a seven unit townhouse development, an improvement known as the Townes at Greentree, in the Borough of Camp Hill, Cumberland County, Pennsylvania (the "Property"), said Property being more particularly bounded and described on Exhibit "A" attached hereto and, by this reference, incorporated herein, and; WHEREAS no authorization has yet been given by Owner to Contractor to commence its work or purchase materials for same; and WHEREAS, no work has commenced on the Property and no labor or materials have been delivered to the Property or furnished for the Improvements by Contractor or any sub-contractor or materialmen; and NOW THEREFORE, the Contractor, for himself, his heirs and assigns and anyone else acting or claimant through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby agree as follows: 1. Waiver of Lien. Contractor hereby waives and relinquishes all rights to file a mechanics' lien, claim or notice of intention to file any lien or claim and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract by any other party acting through or under them or any of them for and about the Improvements or the Property or any part - dliiil' , " 'liiiIioIUmill~!\;ii~:illl~..v~^ -~ 1~~~<!\iIl~ioi~ ~'OiJo_~"""'~_'''''''",,' ~'",~w. ._. "~ , ..." N ~..~,' .^ , - ".... ~JilIBWi/rI!! L n ....J>.. iJlll ~~-- ~ ,......... (' . () c::> 0 c: co;) ,,"';;: -'n :x ::;j nl~';; ::;:.,~ ?::u -< !-{l::rJ- ,Zr~ r- ~~~ -':)rn :0-) r--......h C ): .,."'=0 ,.:-::() ~R ;c. ;I::f:j :J:: '.20 >'C~ t;? 01'11 :z: -! =< ::::> ?fj U1 -< I J / --._-,-~ -"(A '. ~.-':k"'''- ""', , ",,__. _, ,'__;;._-_ ... thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished under the Contract for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. Independent Covenant. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the said Improvements and as to any work and labor done and materials furnished under the Contract. 3. Public Notice. This Agreement shall be filed in the Cumberland County Prothonotary's Office as public notice thereof. IN WITNESS WHEREOF, the said parties, intending to be legally bound hereby, set their hands and seals dated the day and year first above written. WITNESS: OWNER: STANLEY S. CONNER . )~/11~' WITNESS: CONTRACTOR: FRED TIDAY BUILDERS ~ Bf'.- -, ?'::.-./ (seal) , ~ .~~Jj!1;tI.'m-"'~""".IiilIi~l1li-'IWliIi;~~~OOitl~. ...,."",-,. .~~... ~.-..- 1 '0 ~ .. \ 0 Cl 0 C <:.) -n ~".. -UC:cj ::;;: ::;::1 ~ IT1 [1-: -< ;~~:; -n Z:C "'r zC -Gill (/)~.,-" '.fJ~ --." ~;:., " kr.:.-) :~ ~ z". c:H ~::o :z '.J- ~() '70 Pc s:9 -,"'.:::In CJ Z D ;g ::< (J1 ::n -< " ....' BJl;GlNI'llNG at a point on the southern right-of-way line of Chest nUl Street, forty (40..o.o') feet wide, at the dividing line of Lot No, I and lands now orfonnerly of Andrew C, and Bernice ScI1mauch as shown on the Final Plat, Minor Subdivlsion fur Country Club Park Development Company. Inc. as <lppt'Qved by the Camp Hill Borough Conneil on March 8, 2.00.0; \, THENCE along lands now or formerly of Andrew C, and Bernice Schmauch, Sotlth tlve (OS) degrees forty-two (42) minutes East a d.istance oftifteen (15,.0.0') felrt to a point at the dividing lim: ofLul:; Nus, I and 2 as showll o~. the aforementioned pl~n; , 2, THENCE along the dividing line of Lots Nos, land 2. South twenty-five (25) desrees eleven (( I) minutes twelve (12) seconds E!I.5t A distance ofthirty-seven and forty-three Irondredths (3743') feett" a pnint~ 3. TRENCI; along the same, Nolth eighlY-tWO (82) degrees furty-eight (48) minutes EIlSt a distance ol'twelve and forty hundredths (12.40') feet to 11 point at lands DOW crr furmc:rly of Everett L. and Annea Cooper as shown on the atbr=.entionro plan; 4. l1IENCE alO'llg lanil, now crr fonneely of Everett L. and Annea cooper, South seven (07) degrees tweut.y-eight (2S) minutes lbrty-three (43) seconds Ea$t a distance ofthirty-eight and sevcmy-scven hundredths (3 g, 77') feet 10 a point on the northern rigln -of-way line of Green Street, forty (40,00') feel wiile, as shown on the aforemcn1io~:d plan; S, THENCE aloll!! the northern right-of-way lille of Green Street, Sbuth sixty-five (65) degrees twemy (20) minutes twan1y-two (ZZ) second$ West a di5tllllce attwo huadnx! !wenty-sb< (Z26,OO') feet to a point at lands now or formerly ofWintonE and Audrey 1. Hewitt as shown ontbe aforementioned rlllll; 6, THENCE along lands now or formerly of Winton E. and Audrey 1. Hewitt; North twenty-fOll!" (24) degree$ thirty-nine (39) minutes thirty-eight (38) seconds West a distance of eighly-rhr<le and seventy~five Il\lnd~dths (8375') feet 10 a point; 7. THENCE along tha snme, North nine (09) degrees fifty-seven (57) minutes Iwenty-three (V) seconds West a distance of eighty-three and sevenreen hundredths (83,17') feet to a point on tne so\lthem riSht-ol~way line ofChestnul Street as 31Jownon the aforementioned plan; 8. THENCE along the southern riJ:lbt-ot-way line ofChllStnut Street, North eighty-four (84) degre'=S eigbteen (18) minutes East a distanee Of two hundred twentyoOlle and four hundredths (22104') fc:ct to a point, said poinl being the POINT OF BEGINNING. Said parcel containing 29,281 squau feel or O,f,rz acres, mo'" or less. EEING the Bame premises which israel Mi11~r Gross and Mabel Irene tope Gross . his wife, by their deed dated January 3rd 1961, granted ane conveyed unto Country ClUb Park Development Co., Inc, which deed is recorded in t~e' Office ot the Recorder ot Deeds in and for Cumberland County in Deed Book "C" Vol. 20 1>age 11. . EXHIBIT A ~~~l"",~,.l._-'~..'li:lliIjiMtiii_liIllH~1ij~~~~__ ~.,--, _ ~_ e,,' _ ,"r~ ,'~ ,_.. ,.-~~-~- . .. __ __~r~ '".r"'--. '= '~~ ,. : 1 ~ (") -:::) 0 ~ c .:;) ~- ~n :c~ ::!: -ocn 'T! lib, & nl(l"l :;,. ~:]j -< f~,l.:n <>> 0) r;: ,- ~ ~nm , \ ~;s :;00 ",,::::::(.1 06 Q ~ ~ -to 2::0 :-C=R 0 ~c5 ..... 0-- )>- "7(') '-J 1- c 9? o-f"O :z ;r;! -I '::> -< (Jl :n -< -R. , "