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JOHN S. TROGNER, JR. and
RONALEE B, TROGNER, husband
and wife,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Owners
No_ tJ.O()()- "'35'1f.p
v.
FARINELLI CONSTRUCTION, INC., .
Contractor
WAIVER OF LIENS
CONTRACTOR'S STIPULATION AGAINST LIENS
THIS AGREEMENT made this ~ day of June, 2000, between JOHN S, TROGNER,
JR. and RONALEE B. TROGNER, husband and wife, of Cumberland County, Pennsylvania
("Owners") and FARINELLI CONSTRUCTION, INC., a Pennsylvania corporation, with its principal
office at 3 Kacey Court, Suite 301, Mechanicsburg, Pennsylvania 17055 ("Contractor").
WHEREAS, by a duly executed written agreement dated June .13 , 2000 (the "Contract"),
Owners and Contractor have contracted for the erection, construction and completion of a new
single family residence ("Improvements") on Lot 49 on the Fort Washington Plan of Lots (located
on Cumberland Road), Borough of Lemoyne, Cumberland County, Pennsylvania (the "Property"),
said Property being more particularly described in Exhibit "A" attached hereto and, by this
reference, incorporated herein; and
WHEREAS, no authorization has yet been given by Owners 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 itself, its successors and assigns and anyone else
acting or claiming through or under it, 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 Owners in the
Property as described in Exhibit "A" or the curtilage or curtilages appurtenant thereto, by or in the
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narne of Contractor or any subcontractor, materialmen or laborers for work done or materials
furnished under the Contract or by any other party acting through or under them or any of them for
and about the Improvements or the Property or any part 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. Indeoendent 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 hereof.
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,
WI~tCjf
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John S( gner, Jr,
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(li58t.) iSQFMS,FY
By:
ATTEST:
President
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF
On this, the
/,-5-!11 day of JtuU..-
, 2000, before me, the undersigned
officer, personally appeared John S. Trogner, Jr, and Ronalee B. Trogner, husband and wife,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument, and acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
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SS:
COUNTY OF
On this, the J3-/h day of :::J;"J.J'\.-L, , 2000, before me, the undersigned
officer, personally appeared J)on al d 3: Far;I\RJ.lL, who acknowledged himself/herself to
be the President of Farinelli Construction, Inc., a corporation, and that he/she, as such
President, being authorized to do so, executed the foregoing instrument for the purposes
therein contained by signing the name of the corporation by himself/herself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
(SEAL)
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LAWYERS TITLE INSURANCE CORPORATION
OWNER'S POLICY
SCHEDULE A CONTINUED
ALL THAT CERTAlN lot of land situate in the Borough of Lemoyne, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point formed by the intersection of the southwesterly line of Cumberland Road with the
southeasterly line of a twenty (20) feet wide alley, as shown on the Plan of Lots hereinafter mentioned;
thence in a southwesterly direction, along the southeasterly line of said twenty (20) feet wide alley, one
hundred fifty (ISO) feet to a point formed by the intersection of the southeasterly line of said twenty (20)
feet wide alley with the southeasterly line of a ten (10) feet wide alley; thence continuing in a general
southwesterly direction along the southeasterly line of said ten (10) feet wide alley one hundred fifty (ISO)
feet to a point in an angle of said ten (10) feet wide alley on the dividing line between Lot Nos, 48 and 49,
on the hereinafter mentioned Plan of Lots; thence in a northeasterly direction along said dividing line three
hundred (300) feet to Cumberland Road; thence in a northwesterly direction along said Cumberland Road
one hundred twenty (120) feet to the point or place of BEGINNING.
BEING Lot No. 49 as shown on Revised Plan No.3 of Fort Washington, said Plan being recorded in
Cumberland County Recorder's Office in Plan Book 2, Page 26,
FOR INFORMATION ONLY: Cumberland Road
TAX PARCEL NO. 12-21-0265-029
ASSESSED VALUE: Land only $1,100
Schedule A, Page 2, Policy No. 136-01-740753
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