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Home My WebLink About01-2356 FX .. ~ MECHANICS' LIEN WAIVER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff () 0 a c: -n <- > .-. .~ -0 co '--0 ~ ms:; AI f;;~ :2: J :2:<;: N "en -i"'O (j) ""'o~ <...' (5 I, ~..L -) ~..~~I <'- -0 ~O ~ -(~ >C: - ;'='=:r;, ',J ... -, Z -::> :;> =< tT> ~ To Be Indexed As Follows: A. C. KUHN & SON, INC and FR ACQUISITIONS, INC. vs. THE NORWOOD COMPANY Defendant MECHANICS' LIEN DOCKET NO. 01- 1-"'570 {\ALl> and also as follows: THE NORWOOD COMPANY Plaintiff vs. A. C. KUHN & SON, INC. and FR ACQUISITIONS, INC. Defendant Property: The Property owned in fee by A.C. Kuhn & Son, Inc known as Lot B, Cumberland County Plan Book 81, Page 11, located 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 LLP Centre Square West 1500 Market Street, 38th Floor Philadelphia, PA 19102 Attorney ill No. 16159 598648.14120/01 "Y~,,~-"- .', A.." ,'"-1"1 , . ",;" , , 1 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, modified, or supplemented (the "Contract") to erect, construct, alter, renovate or repair improvements upon the property (the "Property") of A. C. KUHN & SON, INC., as fee simple owner ("Kuhn"), and FR ACQUISITIONS, INC, ("FR"), as equitable owner as buyer under an agreement of sale with Kuhn as seller (Kuhn and FR herein collectively called the "Owner") located 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 filed 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 filing. 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 filed 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 relinquishes the right to have, file or maintain any mechanic's lien or claim against any part of the Property or any building or improvements thereon. No mechanic's lien or claims shall be filed by anyone. This Waiver is made by Contractor and intended to be filed 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 ofthe 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. (SIGNATURE ON NEXT PAGE) 598648.14120101 ';"""'" ~ ~ J, .~~ ~~ I'l f'" .~~-~.~ ~H\I,m~r ,I ~. "~; '"~,-~"'"".,,~~ . ~" , . ., 449266.1 4120/01 .''''':!!!; IJ" IN WITNESS WHEREOF, Contractor has duly executed this Waiver of Mechanics' Liens as of the 23rd day of April, 2001. CONTRACTOR THE NORWOOD COMPANY By: ~ QIJLR Arthur J. polishuk Vice President - Administration ,~ ' '," ~;I"f,! r' l' "1 "r ,- 'j ',<"" ,~,'~, . ~,< w~,__, ~.__ ~ EXHIBIT "An Legal Description of the Property LOTB PLAN BOOK 81 PAGE 11 ALL THAT CERTAIN piece, parcel or tract of land together with all buildings or structures erected thereon being situate in South Middleton Township, County of Cumberland, State of Pennsylvania, being more fully bounded and described as follows, to wit: TRACT 1 of Lot B: BEGINNING at a concrete monument on the western line Allen Road (T- 687), a sixty (60 foot wide right-of-way, and the southeast corner of lands now or formerly of Allen Distribution, Inc.; thence along the western right-of-way line of Allen Road (T-687) South four degrees fifty-two minutes fourteen seconds West (S 040 52' 14" W), a distance of eighty- four and zero hundredths (84.00 feet to concrete monument; thence along the northern line True Temper Drive, a sixty (60) foot wide right-of-way, following three (3) courses and distances: (1) along a curve to the right having a radius of thirty-six (36.00) feet, an arc length of fifty-six and fifty-five hundredths (56.55) feet to a concrete monument; thence (2) North eighty-five degrees seven minutes forty-six seconds West (N 850 07' 46" W) a distance of one hundred eighty and seventy-eight hundredths (180.78) feet to a concrete monument; thence (3) on a curve to the left having a radius of two hundred forty and zero hundredths(240.00) feet, an arc length of one hundred one and two hundredth (101.02) feet to a concrete monument; thence along land now or formerly of Allen Distribution, Inc., North seventy degrees forty-five minutes twelve seconds East (N 700 45' 12" E) a distance of three hundred forty-four and ninety-five hundredths (344.95) feet to a concrete monument, the Place of BEGINNING. TRACT 2 of Lot B: BEGINNING at a concrete monument on the western line of Allen Road (T -687) a sixty (60) foot wide right-of-way, said concrete monument being located South four degrees fifty-two minutes fourteen seconds West (S 040 52' 14" W) a distance of two hundred sixteen and zero hundredths (216.00) feet from a concrete monument on the aforesaid western right-of-way line South four degrees fifty-two minutes fourteen seconds West (S 040 52' 14" W) a distance of seven hundred eighteen and thirteen hundredths (718.13) feet to a concrete monument; thence along the same and following a curve to the left having a radius of two hundred seventy one and thirty hundredths (271.30) feet, an arc length of sixty-two and fourteen hundredths (62.14) feet to a concrete monument; thence along the northern line of Ames Drive, a fifty (50) foot wide right-of-way, the following four courses and distances: (1) along a curve to the right having a radius of forty one and zero hundredths (41.00) feet, and arc length of fifty- two and twenty-nine hundredths (52.29) feet to a concrete monument; thence (2) South sixty-four degrees fifty-one minutes forty-six seconds West (S 64051' 46" W) a distance of one hundred nhle and thirty-two hundredths (109.32) feet to a concrete monument; thence (3) along a curve to the right having a radius of one hundred seventy-five and zero hundredths (175.00) feet, an arc length of fifty-two and eight hundredths (52.08) feet to a concrete monument; thence (4) South eighty-one degrees fifty-four minutes forty-six seconds West (S 81054' 46" W) a distance of three hundred eight and eighty-nine hundredths (308.89) feet to a concrete monument; thence 598648.14120102 ,-j"'~~ , . " ,~I . ~..., I "I~'I' ~I !PI 1 " - ~...~~"""'" .' ~ "~~~-" ,"., ..' along Lot A of the Preliminary/Final Subdivision Plan of the A.C. Kuhn Tract recorded in Plan Book 81, Page 11 at the Cumberland County Courthouse, Carlisle P A, in the Recorder of Deeds Office, the following four courses and distances; (I) North eight degrees four minutes fifty-one seconds West (N 080 04' 51" W) a distance of two hundred twenty four and sixty-six hundredths (224.66) feet to an iron pin; thence (2) South seventy nine degrees twenty-seven minutes forty- three seconds West (S 790 27' 43" W) a distance offorty-nine and sixty-five hundredths (49.65) feet to an iron pin; thence (3) North ten degrees thirty-two minutes seventeen seconds West (N ]0032' 17" W) a distance of four hundred ninety-nine and fifty hundredths (499.50) feet to an iron pin; thence (4) north nineteen degrees fourteen minutes forty-eight seconds West (N 190 14' 48" W) a distance of hundred eleven and ninety-five hundredths (111.95) feet to a concrete monument; thence along the southern line of Trne Temper Drive, a sixty (60) foot wide right -of- way, the following three (3) courses and distances: (I) North seventy degrees forty-five minutes twelve seconds East (N 700 45' 12" E) a distance of four hundred eighty-four and forty-four hundredths (484.44) feet to a concrete monument; thence (2) along a curve to the right having a radius of one hundred eighty and zero hundredths (180.00) feet, an arc length of seventy-five and seventy-seven hundredths (75.77) feet to a concrete monument; thence (3) South eighty-five degrees seven minutes forty-six seconds East (S 850 07' 46" E) a distance of one hundred eighty and seventy-eight hundredths (180.78) feet to a concrete monument; thence (4) thence along a curve to the right having a radius of thirty-six and zero hundredths (36.00) feet, an arc length of fifty-six and fifty-five hundredths (56.55) feet to a concrete monument, the Place of BEGINNING. Being the same premises conveyed by Deed of Confirmation from A-C KUHN & SON, INe., a Pennsylvania corporation, ALBERT C. KUHN, et al, (Grantors) dated March 15,2000 and recorded May 19, 2000 in Deed Book 221 page 574 unto A-C KUHN & SON, INC., a Pennsylvania corporation, (Grantee.) Being Tax Parcel 40-09-0527-076. 449266.1 4120/01 "i~.,~ ~"',""'"" , "'"',~ ,'"' ~" " '. , ~r'"'I' r" " "= !;! j~lIiIJ ~,", m"p"'~Tn '" '^, "0 - .' " ...... ..0<. .- . ",1llIilW"lIIiIn~r:.tll(mrn,'li"'i1" ~ffD :s-- i~ c. -... -- o ~ () - Co 'i: --', , 0 C) C ~': :-;::;.. , :'V !~n -'.J ;",''l ~J me ::.:0 Z..d N ;n(? ~"r~ c:~}::'~ (,..,) -'''",-::. ~?~ ';; ~c -'-J n " :l"o -"",,," (~ Zo ~~nl >c z 0 '> =< (1'\ ~ ~ l1lFIIill :(rr.~~~lli!~~!.fr,H~1~!h;[!r;~''l'i'f.!W''i'')}j,:,,'f'~ "';'Y""-"!'i:':;~rr-"'!l'%~~i*!h[~rThjl'!!~'r.-?w.w,!,-y<'ll'j~:~~~~f,~!ri1i--'ft~~lIJj' I ? ~- '" ~ ~ ~