HomeMy WebLinkAbout03-1484wPssNo. 00003535
WAIVER OF LIENS
WHEREAS, Mark N. Miller and Angela K. Miller, of Cumberland County, Pennsylvania, entered into a
contract with D Cully, Inc., trading and doing business as C&C Construction., of Perry County, Pennsylvania,
to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of
ground located:
Lot 1 Milwick Road, Carlisle, PA 17013, North Middleton 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 14th day of
March, 2003.
WITNE S S:
Mark N. Miller
Se~' ~ully,~ent
EXHIBIT "A"
ALL THAT CERTAIN tract or parcel of ground situate in LOWER FRANKFORD TOWNSHIP, Cumberland County, Pennsylvania,
together with all improvements thereon erected, bounded and described pursuant to the Final Subdivision Plan for Cloyd N. Miller,
dated September 12,2002, as prepared by Eric L. Diffenbaugh, P.L.S., to wit:
BEGINNING at a raikoad spike set in the certain line of Township Route 493 (Milwick Road); thence along lands now or formerly
of V. Edwin and Dennis A. Wickard North forty six (46) degrees zero (00) minutes zero (00) seconds West a distance of one
thousand three hundred five and fifty hundredths (1,305.50) feet to an iron pin; thence along lands now or formerly of Cloyd N.
Miller ex ux North sixty eight (68) degrees twenty (20) minutes fifty eight (58) seconds East a distance of four hundred ninety three
and ninety four hundredths (493.94) feet to a concrete monument; thence along same South forty six (46) degrees zero (00) minutes
zero (00) seconds East a distance of one thousand eighty and four hundredths (1,080.04) feet to an iron pin; thence along same
South fourteen (14) degrees fifty one (51) minutes thirty six (36) seconds East a distance of two hundred twenty one and sixty
hundredths (221.60) feet to a railroad spike set in the centerline of Township Route 493 (Milwick Road); thence along the centerline
of Township Route 493 (Milwick Road) on an arc radius of three thousand one hundred ninety eight and thirty eight hundredths
(3,198.38) feet South seventy (70) degrees thirty five (35) minutes nine (09) seconds a distance of three hundred seventy five and
twenty eight hundredths (375.28) feet to a railroad spike set in the centerline of Township Route 493 (Milwick Road), being the
place of BEGINNING. CONTAINING 13.3046 acres, more or less.
BEING the same premises which Cloyd N. Miller and Joyce A. Miller, husband and wife by Deed dated the 10th day of January,
2003, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 10th
day of January, 2003, in Record Book 255, Page 1501, granted and conveyed unto Mark N. Miller and Angela K. Miller, husband
and wife.
UNDER AND SUBJECT TO restrictions and conditions as now appear of record.
UPI NO. 29-04-0379-045A