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Home My WebLink About01-06260 ,~ v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Mann Realty Associates, Inc. Owner Contractor NO. dl- CodloO /lIlL)> Kimbob, Inc. WAIVER OF LIENS This Waiver of Liens, dated.ato~ ::? I ,2001, is between Mann Realty Associates, Inc., a Pennsylvania corporation, having an address of Post Office Box E, Bowmansdale, Pennsylvania 17008 ("Owner"), and Kimbob, Inc., a Pennsylvania corporation, having an address of 241 McCormick Road, Mechanicsburg, Pennsylvania 17055 ("Contractor"). ,The background to this Waiver of Liens is as follows: R-1. Owner has purchased 113 acres of land situate in Upper Allen Township, Cumberland County, Pennsylvania, commonly known as Allen Glen (the "Property"), described on Exhibit A, attached hereto. R-2. Owner has negotiated with Contractor to provide work and/or materials for improvements to the Property, generally described as follows: streets, sanitary sewer, storm sewer, grading, utilities and other site improvements. NOW, THEREFORE, Contractor, INTENDING TO BE LEGALLY BOUND HEREBY, and before any authority has been given to the said Contractor by Owner to commence any work on the said Property or to purchase materials therefor, does hereby, for Contractor and for any and all subcontractors, materialmen, employees and parties acting or claiming for, through or under Contractor, covenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained against the above-described real estate, or the building or improvements to be erected thereon, for or on account of any work done or materials furnished under said agreement or under any supplemental contract, verbal or written, or contract for extra work in or about the erection, construction and completion of said project, or otherwise; and Contractor, for Contractor and any and all subcontractors, materialmen, employees and parties acting or claiming through or under Contractor, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or improvements. 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, supervision and ~~ ~ :-;>.'N -,' '" .~"?"CT:-'::'_,~,:;..-,,,,",,,:'::""'''' 01'';.''"'1''':'' ,~ .-'1>_ ".~, ." '~', ;-1 ,. 'I:, . ,'-'!',., .,.",\.t''''':'~; ,:","",,,,,",~ c._, ,,,~ - "1' !',_'" -. ., -.' ~-,. " "'''_'' ,,_ ""'. ,."""." >",";~~_ __ ,~, ,~. ~__', _ ",,"''"''''0'., ,,"'~, _,",. ,."', __ -"- completion of the said project as to any work and labor done and materials furnished under said agreement. In order to give Owner full power and authority to protect the said real estate and buildings or any of them against any and all mechanics' liens or claims filed by Contractor or anyone acting or claiming for, through or under Contractor or in violation of this agreement, Contractor, for itself and all such aforesaid subcontractors, materialmen, employees and parties acting or claim for, through or under Contractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, or any attorney of any other court or jurisdiction there or elsewhere, to appear in any said courts or jurisdictions for Contractor and mark satisfied of record, at the cost and expense of Contractor, or any such subcontractor, materialman, employee or party, any and all claim or claims, lien or liens filed by or for Contractor or in its or their name against the said real estate, buildings; a copy of this Agreement, and a reference to the court, term and number or place in which this agreement and waiver shall have been filed shall be sufficient exhibit of the authority herein contained to warrant such action; and Contractor, for itself and all such parties, does hereby remise, release and quitclaim unto Owner, and its certain attorney or attorneys, any and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or anywise touching or concerning the same. This agreement and waiver is made and intended to be filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, or other proper place in which the above-described lands are located. It is expressly understood that the foregoing waiver and all of the provisions and remedies herein contained shall be available to and for the protection of Owner, its successors or assigns. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For the purposes of this agreement and waiver, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may-u- require. ~v-.cl\-- 2 ;~~,~ ,~ "':'(;'''''~__F'.'1S'--c\:'-''~''~;'?''-!'~''.;>;'''''''"'':",:~,,<;"'ol":"',"~/" ",,'''1>'.''':,'' ,....no.,_."..,' -,--""v-:.~~ ' "- ,- ,.""?,, r'''O'''''',r, r~" ,:,"', :~""'_> ""~,""- "'- --'---' "'" . y , ~ .~, ~,.~4 C ._" IN WITNESS WHEREOF, Contractor and Owner have hereunto signed and sealed these presents the day and year first above written. CONTRACTOR: Kimbob, Inc. By: ~,~u '-\..., . .. """,-~"\t" Robert M. Mumma, II, President V~ OWNER: Mann Realty Associates, Inc. BY:~->>.LJ~JJ!!J/HUUa<.. Susan R. Mumma, President F:\daw\5893. MUMMA, II, ROBERT M\11475. ALLEN GLEN. GENERAL\Documents\Stipulalion Against Liens.doc October 31, 200t 10:39 AM 3 :,:',?i~~ '" ~'~~""''',<.'lf'"".-"," ~'7'.,+.."; 0";'"'["- :~"".,,;-?!,:~,,~"",-1"0 ''-"~''" ',",,'. ,- 'N', "'I', 1 ~~ "1-_""" ,',~.", r,_" ,_~ """'~','" -"f. ',,,-,"' , ., ,.' ~~ " EXHIBIT A ALL THAT CERTAIN parcel or tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, Identified as Lot NO.1 on a Subdivision Plan recorded in Cumberland County Plan Book 79, Page 73, which premises are bounded and described as follows: I ,'I BEGINNING at a point in the center line of East Lisburn Road (S.R. 0114) at line of lands now or formerly of Spencer Nauman, Jr.; thence along the center line of East Lisburn Road North 70 degrees 23 minutes 31 seconds East, the distance of 425.45 feet to a point at line of Lot NO.6 on the aforesaid subdivision plan; thence along same, along the arc of a 25.00 foot radius curve to the left which curve is subtended by a chord lying to the east thereof and which chord has a bearing South 25 degrees 23 minutes 31 seconds West and a chord distance of 35.36 feet, an arc distance of 39.27 feet to a point; thence continuing along Lot No.6, South 19 degrees 36 minutes 29 seconds East, the distance of 196.72 feet to a point; thence along same, along the arc of a 775.00 foot radius curve to the right which curve is subtended by a chord lying to the west thereof and which chord has a bearing South 12 degrees 09 minutes 26 seconds East and a chord distance of 201.00 feet, an arc distance of 201.57 feet to a point; thence continuing along Lot No.6, South 04 degrees 42 minutes 23 seconds East, the distance of 200.74 feet to a point; thence along same, along the arc of a 325.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing South 40 degrees 41 minutes 31 seconds East and a chord distance of 381.93 feet, an arc distance of 408.24 feet to a point; thence along same, along the arc of a 725.00 foot radius curve to the left which curve is subtended by a chord lying to the north thereof and which chord has a bearing North 84 degrees 45 minutes 59 seconds East and a chord distance of 461.44 feet, an arc distance of 469.60 feet to a point; thence continuing along Lot No.6, North 66 degrees 12 minutes 37 seconds East, the distance of 513.24 feet to a point; thence continuing along Lot No.6, North 00 degrees 54 minutes 20 seconds West, the distance of 365.72 feet to a point at line of lands now or formerly of Ralph Bailey; thence along same and also lands of Bowman, North 73 degrees 53 minutes 09 seconds East, the distance of 683.57 feet to a point at line of lands now or formerly of George H. Holer; thence along same, South 79 degrees 26 minutes 00 seconds East, the distance of 666.12 feet to a point at line of lands of Gary L. Nalbandian; thence along same and also along lands of Lupinacci, South 18 degrees 25 minutes 50 seconds West, the distance of 1000.56 feet to a point at line of lands now or formerly of Miscikowski; thence along same, South 15 degrees 12 minutes 00 seconds East, the distance of 531.07 feet to a point at line of lands now or formerly of Thomas French; thence along same, South 19 degrees 54 minutes 10 seconds West, the distance of 224.47 feet to a point; thence continuing along same, South 05 degrees 10 minutes 47 seconds East, the distance of 561.81 feet to a point in the bed of McCormick Road; thence along same, South 71 degrees 55 minutes 11 seconds West, the distance of 191.87 feet to a point; thence continuing along same South 76 degrees 39 minutes 44 seconds West, the distance of 599.75 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds Exhibit A - Page 1 O'>';""'j-="'''''~~j;'\'~~~, "' 'I ~~ , T . . West, the distance of 274.92 feet to a point at line of lands now or formerly of Phillip Walsh; thence along same, North 16 degrees 06 minutes 49 seconds West, the distance of 550.13 feet to a point; thence continuing along same, South 80 degrees 59 minutes 34 seconds West, the distance of 275.92 feet to a point at line of lands now or formerly of William A. Patton; thence along same, North 66 degrees 06 minutes 38 seconds West, the distance of 247.19 feet to a point at line of lands now or formerly of DiPietro; thence along same, North 63 degrees 41 minutes 48 seconds West, the distance of 827.74 feet to a point; thence continuing along same, South 89 degrees 00 minutes 24 seconds West, the distance of 332.47 feet to an iron pin found at line of lands now or formerly of Spencer G. Nauman, Jr., aforesaid; thence along same, North 01 degrees 00 minutes 48 seconds West, the distance of 1,605.29 feet to the point and place of BEGINNING. . CONTAINING 113.844 acres of land. BEING a part of the same premises which R. Thomas Kline, Sheriff of the County of Cumberland, State of Pennsylvania, by deed dated October 17, 2001, recorded October 18, 2001 in Cumberland County Deed Book 248, Page 4134, granted and conveyed unto Mann Realty Associates, Inc., a Pennsylvania corporation, Mortgagor herein. Exhibit A - Page 2 Wth<'"," _.~, ""'-'''''''_<~ . "' 1'- " ~ ~~"-- = _ ~< o-'{'I .,~ ~ ~ ~ 9J~ G ct'\ .,-- ~ oQ - is ~ 0 q;> 0 c -, >< .,..... ~ ~ -- c: ('\J~ 0-. i ) ". ~,'". ","''''''''''>-'''':''''''-',,,"~'I.4;',,,,Mi;t ,. ''l' 'J~,( "Jlr'~tft~)':c~~, (") c;~ ..,.,,;-::,;', flll1-i Z:X:, {i~.~ CC.i ):""C~ L:: I-=~ ~.C -7 ~ c.:: -,,; ~i: . !J . !'~Y1 \,,-; () -(J ~ ::. _:.J ~~hl S -< ';'-..) . ~ ~> P-;' '",'. " ,JJ!W.~~f!t~.}~I~'l'~'-","fW"W''''.''~''J'''.;''-w":'''''+'w,;,-;i'.' '!iitI>I11'rCf",;,;c~~~~;~"ll\!~'fl'i'''-WH:>!''':-.j'''''.;'B![!~1I~~:i';; ,: _",_.:,}~lllO,......... '._.