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Home My WebLink About06-0675 .- . f( ()c,.. ~'7 ') IAA-D to SPSS No. 00061208 WAIVER OF LIENS WHEREAS, William M Miller, of Cumberland County, Pennsylvania, entered into a contract with Harry S. Claypool, III, dba Claypool Building, of Cumberland County, Pennsylvania, to provide materials and perform labor necessary for completion of a residential dwelling situate upon lot of ground located: 21 Station 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 (1) 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 II 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 1-:)'( day of Ft::bl..t.C'\JIj , 2006. WITNESS: . ()y~/ JI (>.r\~1Jl,L N~ ~ m~~ William M Miller 'A~~ Harry S. Claypool, III, dba Claypool Building .: .. EXHIBIT" A" ALL THAT CERTAIN lot of ground with the improvements thereon erected sitnate in the TownshiD of Penn, Connty of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a corner (a post) between lands now or formerly of John Beetem's Heirs and now or formerly of Holbert A Myers; thence by lands now or formerly of said John Beetem's Heirs, South five and one-half (5 1/2) degrees West, forty-three and six tenths (43.6) perches to a stone; thence by the same, North eighty-two (82) degrees West, thirty-one and three tenths (31.3) perches to a stone in the public road; thence by said road, North twenty-four and one-half (24 1/2) degrees West, thirty-two and one tenth (32.1) perches to a post; thence by lands now or formerly of Susan Miller, South sixty-two and three-fourths (62 3/4) degrees West, thirty-two and one- fourth (32 1/4) perches to the place of BEGINNING. CONTAINING six (6) acres and fourteen (14) perches. AND FURTHER, correctly described per land survey entitled "Map Showing Property of Jay S. and Carolyn S. Miller To Be Conveyed To Rodney L. and Linda L. Failor" dated August 22, 1984, by Stephen G. Fisher, professional land surveyor, as follows: ALL THAT CERTAIN lot or tract of land situate in Penn TownshiD, Cumberland County, Pennsylvania, together with the improvements erected thereon, bounded and described as follows: BEGINNING at a parker kalon nail set at corner of the within described premises in corner of land now or formerly of John W. Bitner, said parker kalon nail set being one and five tenths (1.5) feet East of the centerline of the public road known as designated as Legislative Route 21037; thence along Legislative Route 21037, North one (01) degree Twenty-five (25) minutes twenty-nine (29) seconds West, thirty-nine and thirty-eight one hundreds (39.38) feet to a parker kalon nail set six and four tenths (6.4) feet West of said centerline; thence continuing by same, North twenty-five (25) degrees twelve (12) minutes zero (00) seconds East, five hundred sixty-four and fifty-seven one hundreds (564.57) feet to a parker kalon nail set six and seven tenths (6.7) feet East of said centerline at corner of lands now or formerly of William Miller; thence along line of lands now or formerly of William Miller, North sixty-three (63) degrees forty-one (41) minutes forty-four (44) seconds East, three hundred ninety-six and eighty-three one hundreds (396.83) feet through two existing iron pipes to a fence post at a common corner of lands now or formerly of William Miller and lands now or formerly of David Dively and lands now or formerly of Samuel J. Ickes, Jr.; thence along line of Ickes lands and along remains of old fence line, South five (05) degrees thirty (30) minutes zero (00) seconds West, eight hundred seven and eighty-seven one hundreds (807.87) feet to a fence post in line of lands now or formerly of Samuel J. Ickes, Jr.; thence along line of Ickes lands and along remains of fence line, North eighty-one (81) degrees twenty-five (25) minutes twenty (20) seconds West, five hundred twenty-three and fifty-seven one hundreds (523-57) feet through a set iron pin to the point and place of BEGINNING. CONTAINING six and seventy-three one hundreds (6.73) acres, more or less. BEING THE SAME PREMISES which Jay S. Miller and Carolyn S. Miller, husband and wife, by Deed bearing date the 14th of Augnst, 1985, and recorded on the 16th day of August, t985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Record Book K, Volume 31, Page 914, granted and conveyed unto William M. Miller, single man. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #31-30-2616-004 .-.' ~ 0 "'" t.:~ ~ ~ "r- \) , "J..... .-I --n ~e f"'l cO --C1il', ~ \ -,,)'7 ---. N :3~;, -l '->- <...J'-.l '2.:: .i_~~-{\ ~ v-l -" ",-;:rn --.. - .J .....J <.J' - _..~ ~ ..,':C~ ~ \ en .~~ ~ 0 ~ r- 'f , \:J"'> "- ( .. ~. f '1