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Home My WebLink About00-04901 ~-- -'hlt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARK A. FONTANA and SUSAN M. FONTANA, Owner vs. J.W. MUMPER CONSTRUCTION, INC., Contractor J.W. MUMPER CONSTRUCTION, INC., Contractor vs. MARK A. FONTANA and SUSAN M. FONTANA, Owner CERTIFICATE OF LOCATION CIVIL DIVISION Case Number: ov - 'Iqo / Cw;.11" .L<- Type of Pleading: WAIVER OF LIENS Attorney Name: Address: I hereby certify that the location of the Real Estate is in C rland County, Pennsylvania. " ~ ,. , , ~,. ~'l,t: __~ WAIVER OF LIENS KNOW ALL MEN BY THESE PRESENTS THAT: J.W. MUMPER CONSTRUCTION, INC. (the "Contractor") AND MARK A. FONTANA and SUSAN M. FONTANA (the "Owner") entered into a certain contract (the "Contract") for the performance of certain work and improvements (collectively, the "Improvements") on certain real property located in Cumberland County, Pennsylvania (the "Premises"), as described on Exhibit "A" attached hereto and made a part hereof; and NOW, THEREFORE, in consideration of the execution and delivery ofthe Contract and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors and other parties acting through or under it or them, 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 Premises or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractors, materialmen, laborers or others for work done or for any tolls, equipment, materials or supervision or other services furnished under the Contract or any subcontract and supplements thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the premises or any parts thereof, or on credit thereof. This Waiver of Liens shall be an independent covenant and shall operate and be effective as well with respect to work done and materials and services furnished under any supplemental contract for extra work in connection with the construction of the Improvements as to any work and labor done and materials furnished under the Contract. In order to give Owner full power and authority to protect itself, and the Improvements and the Premises against any and all claims filed by Contractor, or by any subcontractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor, for itself, its successors and assigns, and all such persons, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for it, them or any of them, in any such Court as Attorney for it or them, and in his, its or their name, mark satisfied of record, at the cost and expense of the Contractor or of any such subcontractor, laborer or materialman, or in its or their names, any and all mechanics' liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Premises or any parts thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient warrant and authority and a reference to the Court and to the Docket in which and where this instrument shall have been filed shall be a sufficient exhibit of the authority therein contained to warrant such action, and the Contractor, for itself and all subcontractors, laborers, and materialmen, does hereby release all errors and defects whatsoever in the entry of any such satisfaction or the exercise of the authority hereby conferred. THIS WAIVER OF LIENS will be filed in the Office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 24,1963, P.L. No. 497, as supplemented and amended, and the receipt for such filing will be delivered to Owner. FONTCLON 2 ~~ . - -" WITNESS the due execution hereof this J6'1l1day of --r VI '- , ,2000. \J\~ /-r^ \^l1f 6/\ \#4~ ~ FONTCLON by: .~ f1V\~a ~ MARKA.FONTAN~ " ~-n~~ SUSAN M. FONTANA 3 "~"i- , (Seal) (Seal) (Seal) ~b State of Pennsylvania County of Cum bertCit1cl ) ) ss: ) On this, the /0#1 day of ~ appeared \ /a~s 0. !ll/UfYJl/J-et', --Jr, h/msclf2 to be the Pr~5IJer.+ of J, k). MUWllJer f!.onSfrUc.i7on, /nL. , and that At. , as such Pres id et1+ , 2000, before me, the undersigned officer, personally who acknowledged ,a a Penflsy/Vtll1llt {' ooJorcchO't1 . , being authorized to do so, executed the attached instrument for the purpose therein contained by signing the nameofthe4.w.MVt11,Jtr[bf1sfrilchoo,!l1C.by James W.Mo"Ve,~Jr. as PreSi'den1 In witness whereof, I have hereunto set my hand and official seal. My Commission Expires: Notarial Seal Camp Hill eOro, CUmbarland Counllt My Commission Expir9$ Aug. 25, 2001 Member, Pennsylvania Association of Notaries ~/ ~tdL , otary PublIc State of Pennsylvania County of~1.Un Joe.rla",d ) ) ss: ) On this, the to ;--/1 day of ~, 2000, before me, the undersigned officer, personally appeared MARK A. FONT ANA and SUSAN M. FONT ANA known to me (or satisfactorily proven) to be the persons whose names subscribed to the attached instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. My Commission Expires: A~~;! ~d-L Notarial Seal Susanne K. Sather. Notal)' Public Camp Hili Bom. Cumberland Counllt My Commission Expires Aug. 25, 2001 Member, PennSylvania Associatkln of Notaries FONTCLON 4 --, " -'>,~- ~ ~ < \ Exhibit "A" Legal Description ALL TBAT CEJl.'rAIN' Lot in ehe propercy known, named and idem j riM in the Decla~ation, referred to below, as " Lindenwood, a Planned Community,- located in U~per Allen TownshLP, Cumberland County, Pennsylvania, which has heretofore been submitted co the provisions of the pennsylvania Unito~ Planned Community Act. 68 Pa.C.S.A. SeCtions 5101 ~ ~., by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, ehe Declaration for Lindenwood, a Planned Community ("Declaration"), dated AuguSt 28. 1997, recorded August 28, 1997, in Miscellaneous Book 555, page 806, and as amended by First Amendment to Declaration for Lindenwood, ii Planned Community ("Firl:l~. Amendment"), dated April 28,,, 1999, recorded April 26, 199,. ir; the Office of the Recorder ot need~ of CUmberland County. Pennsylvania. .in Miscellaneous Book 611, Page 193, designated in sueh Oeclara~1on (g$ amended by the First Amendment) as Lot ~o. 38 (Identifying Number), described in Section 2.2 of the Dec!i3.racion_(as amended by the First Amendment I and shown (and described) in Exhibit E of the Declaration or Exhibit S-l of ene First Amendment. CONTAINING 0.70 acres. more or less. BEING LOT NO. 38, Final S~~ivisio~ Plan of Phase Ir. Lindenwood, dated December 1, 1998. last: revised March 25, 1.9:99. n~r.nrd~ci ;1' the Office of the Recorder of DAeds of Cumberland COU~ty, Pennsylvania. in Plan Book 78, ?age 121. BEING PART OF the same pre~~ses which Fred L. Glaize, Jr. Trust and Fred L. Glaize and Elizabech G. nelm, co-executors of the Estate of Fred L. Glaize, Jr., by Deed. dated May 1, 1997, and recorded May 2, 1997, in the Office of the Recorder of Deeds i~ and for Cumberland County, Pennsylvania, in Deed Book 156, Page 1042, granted and conveyed unto Lindenwood. Inc. FONTCl.ON 5 .::...-.....-'-kt """"~"'~":Mi~i'lf,,~~~~::',,-"Il8isfu:~l&~~'ib~~*-Jt~ ~-.a_-"""'~IliiIl_'''''' r~ . "- f?,~ ~ 0 t"" ~" - " .,. .- .' """ ". -- ;-.- .' ~-I- ..- , '" 0 0 0 C Cl --;-'1 ?: '- -rJc.::. C- mfT' . ., Z:T' I~ Z C '" (f) ~~: '~-C} -< ;. :~{~? !C c:; -"';:1 g~ >, C z: C )> c ,,~ ~ )) ::0 -< (i' -< LI ~ .. '- C 2- f p , .