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Home My WebLink About00-01106 . . MECHANICS' LffiN WAIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY To Be Indexed As Follows: A. C. KUHN & SON, INC., ALBERT C. KUHN, EDITH B. KUHN, KENDOR ENTERPRISES, INC., ENOLA COMPANY, INC., and FR ACQUISITIONS, INC. Plaintiff : vs. : THE NORWOOD COMPANY : Defendant MECHANICS' LffiN DOCKET and al.so as follows: NO. c9aZ>- Iltl!,. /tt W THE NORWOOD COMPANY : : Plaintiff vs. : A. C. KUHN & SON, INC., ALBERT C. KUHN, EDITH B. KUHN, KENDOR ENTERPRISES, INC., ENOLA COMPANY, INC., and FR ACQ"!JISITIONS, INC. : Defendant Property: The Property owned in fee by A.C. Kuhn & Son, Inc.,Albert C. Kuhn, Edith B. Kuhn, Kendor Enterprises, Inc., Enola Company, Inc., located partly in Dickinson Township and partly in South Middleton Township, Cumberland County, Pennsylvania, and more particularly described on Exhibit "A" attached hereto and made a part hereof. F. MICHAEL WYSOCKI, ESQUIRE Saul, Ewing, Remick & Saul, LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102 Attorney 10 No. 16159 S09106.2'2J2JJOO .....:_~~. ~':>' , <- WAIVER OF MECHANICS' LIENS KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, THE NORWOOD COMPANY (the "Contractor") has entered into a Construction Contract, as may be amended, modifred, or supplemented (the "Contract") to erect, construct, alter, renovate or repair improvements upon the property (the ''Property'') of A. C. KUHN & SON, INC, ALBERT C. KUHN, EDITH B. KUHN, KENDOR ENTERPRISES, INC., ENOLA COMPANY, INC., as fee simple owners (collectively, the "Kuhn Parties"), and FR ACQUISITIONS, INC. ("FR"), as equitable owner as buyer under an agreement of sale with the Kuhn Parties as seller ( the Kuhn Parties and FR herein collectively called the "Owner") located partly in partly in Dickinson Township and partly in South Middleton Township, Cumberland County, Pennsylvania and more particularly described on Exhibit "A" attached hereto and made a part hereof. WHEREAS, as part of the Contract, Contractor agreed that no lien shall be fried against the Property or any building or improvements thereon by itself or by any subcontractor or materialmen or any other person furnishing labor or materials under the Contract, and agreed to execute and deliver a Waiver of Liens for f1ling. NOW, THEREFORE, in consideration of the Contract, Contractor, intending to be legally bound hereby, for Contractor, for all subcontractors of Contractor, and for all parties acting for, through or under Contractor or any subcontractor, covenants and agrees that no mechanic's lien or claim shall be med or maintained by Contractor or any such subcontractor or party, against any part of the Property or any building or improvements thereon, for or on account of any labor or materials furnished or any work done under or pursuant to the Contract, as amended, modified, or supplemented, or in or about the erection, construction, renovation, alternation, installation or completion of the work; and Contractor, for Contractor, for any and all subcontractors and for any and all parties acting for, through or under Contractor or any subcontractor, hereby waives and relinqnishes the right to have, f1le or maintain any mechanic's lien or claim against any part of the Property or any bnilding or improvements thereon. No mechanic's lien or claims shall be med by anyone. This Waiver is made by Contractor and intended to be moo in accordance with the requirements of the Pennsylvania Mechanics' Lien Law of 1963, as amended and supplemented, with the Prothonotary of the Court of Common Pleas of the County in which the Property is located. Each of the terms, provisions, covenants and conditions of this Waiver shall, as the case may be, be binding upon and inure to the benefits of Owner, Contractor, each subcontractor of Contractor, and each party acting for, through or under Contractor, or such subcontractor, and the respective heirs, executors, administrators, successors and assigns of each and any of them and any entity hereafter acquiring an interest in the Property. (SIGNATURES BEGIN ON NEXT PAGE) 509106.22J23100 ~~~-21-00 12,11 FROM:SAUL EWIN~ REMlCK SAUL 10; lsf'iassisS30 PAGE "/6 '. IN WITNESS WHEREOF, Contractor and Owner have duly executed this Waiver of Mechanics' Liens as of the ~ay of ::}.l..b ,2000. CONTRACTOR THE NORWOOD COMPANY ~~ By: C~ Print Name:-;;;;Hti/"1I'1.s -::f M.u..../..eL- Print Title: ~ Vie e f,kes: lei'- 4--. OWNER: FR ACQUISITIONS, lNC. By: Print Name: Print Title: A.C. KOlIN & SON., INC. a Pennsylvania corporation Attest: By: (Corporate Seal) Print Name: Print Title: KENDOR ENTERPRISES, INC_ Attest: By: (Corporate Seal) Print Name: Print Title: (SIGNATURES CONTINUED ON NEXT PAGE) .!.c!Y166.! 2f24/00 GB~~ i C~W M~f'.. --r. ~~.Q~ In the Conrt of Common Pleas of Cumberland County, Pennsylvania No. /! 0 r- CiViI.Y~ qfeta~o { }~..... ~ eo:" & 19 ~~c;.~ ~L. ~ -0 "'~~ W'l~~ To Prothonotary ~. 30 ~';'t~ey ~l*~fe; d'\ . ~ J FII ED-""F1CE OF 'r"!'~ D,"r-~:r);"-O-IARY '". /, .1, "'" 00 JUN sa PH 2: 1.3 CUMBERLftNO COUNTY PENNSYLVANIA ~. ~ No. Term, 19 _ VS. PRAECIPE Filed 19_ , Atty. '-' 449266.12J23JOO - -------,---- " IN WITNESS WHEREOF, Contractor and Owner have duly executed this Waiver of Mechanics' Liens as of the 24thday of Febrm,ry ,2000. CONTRACTOR THE NORWOOD COMPANY By: Print Name: Print Title: OWNER: FRA=?0 ~.~ Print Name: A. Richard Astheimer Print Title: Authorized Signatory A.C. KUHN & SON., INC. a Pennsylvania corporation ~a)d By://~r? ,~ Attest: (COrporate Seal) Attest: ~~~/0i~ (Corporate Seal) Print Name: Albert C. Kuhn Print Title: President KENDOR ENTERPRISES, INC. By: /d/#C?,k2 Print Name: Print Title: Albert C. Kuhn President (SIGNATURES CONTINUED ON NEXT PAGE) ---,---- "---", -~ . .". -Attest: ENOLA COMPANY, INC. ~d~~By.~n~,~ (Corporate Seal) Print Name: Albert C. Kuhn Print Title: Pres iden t <\.LBERT C. KUHN individually, and also together with his wife, Edith B. Kuhn, as tenants by the entirety . a~ A;~ 4C;k EDITH B. KUHN, individually, and also together with her husband, Albert C. Kuhn, as tenants by the entirety 509106.22123100 C) ~ 0::: 9D O~ 1\N? \'JI\D~ ~-SO~ 1\N?" - . D\C'f\~ \ .~_.. - ..... ., .... N ~ l ~ ~ EXHIBIT A ALLEN ROAD - - [ Being + +63 acres, located partly in Dickinson Township and partly in South Middleton Township, abutting Allen Road and Alexander Spring Road, . comprised of lots owned by A.C. Kuhn & Son, Inc., Albert C. Kuhn, Edith B. Kuhn, Kendor Enterprises, Inc., a~d/or En~la Company, Inc. P # ..D cB o f tt- t; --l J9. (7 o o 1.L 1 (") c ~f' ~-{~~ -~ ;€s ;,.::: :::;! L , . Q o G ~h -:'f ., '''::;J :".-,) ex. ,~~ u '1 t'/ ,-, ';'::::' ~:;:~~ 2510 -." -' ..~ =< -;;:< N :::- '"