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Home My WebLink About04-0801794387.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNE S. ANDERSON, an individual residing in the Commonwealth of Pennsylvania, Owiler Plaintiff, CIVIL DIVISION WAIVER OF LIENS STIPULATION VS. Code: J.W. MUMPER CONSTRUCTION, INC., a Pennsylvania corporation, Contractor Defendant. Filed on behalf off ANNE S. ANDERSON Owner/Plaintiff Counsel of Record for Anne S. Anderson: Kelly R. Vehec, Esq. Pa. I.D. No. 70652 Cohen & Grigsby, P.C. 11 Stanwix Street, 15th Floor Pittsburgh, PA 15222 (412) 297-4900 CERTIFICATE OF LOCATION I HEREBY CERTIFY that the location of the Real Estate affected by tkis lien waiver is: All that certain lot or piece of ground situate in the Township of Silver Spring, Cumberland County and Commonwealth of Pennsylvania, being all of Lot No. 51 in the Final Subdivision Plan of Hillside Farms, Phase III and IV, as recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book Volume 87, Page 23. ~~A~"/EeS~ i Anderson 794387.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA J.W. MUMPER CONSTRUCTION, INC., a Pennsylvania corporation, Contractor Plaintiff, CIVIL DIVISION No: WAIVER OF LIENS STIPULATION VS. Code: ANNE S. ANDERSON, an individual residing in the Commonwealth of Pennsylvania, Owner Defendam. CERTIFICATE OF LOCATION Filed on behalf of ANNE S. ANDERSON Owner/Defendant Counsel of Record for Anne S. Anderson: Kelly R. Vehec, Esq. Pa. I.D. No. 70652 Cohen & Grigsby, P.C. 11 Stanwix Street, 15th Floor Pittsburgh, PA 15222 (412) 297-4900 I HEREBY CERTIFY that the location of the Real Estate affected by this lien waiver is: All that certain lot or piece of ground situate in the Township of Silver Spring, Cumberland County and Commonwealth of Pennsylvania, being all of Lot No. 51 in the Final Subdivision Plan of Hillside Farms, Phase III and tV, as recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book Volume 87, Page 23. K . Attorney for Anne S. Anderson 794387. l WAIVER OF LIENS STIPULATION THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on February 5, 2004 by J.W. MUMPER CONSTRUCTION, INC., a Pennsylvania corporation with offices at 840 Sawgrass Lane, Mechanicsburg Pennsylvania 17050 ("Contractor"). WITNESSETH: WHEREAS, Anne S. Anderson ("Owner") owns certain property located in Silver Spring Township, Cumberland County, Pennsylvania, being Lot No. 51 in the Final Subdivision Plan for Hillside Farms - Phase III and IV, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 87, Page 23 (the "Property"), and WHEREAS, pursuant to a contract between Owner and Contractor (the "Construction Contract"), Contractor has agreed to supply labor and materials and perform certain construction work upon the Property (the "Improvements"); WHEREAS, both Owner and Contractor will benefit from the construction of the Improvements on the Property; NOW, THEREFORE, in consideration of the foregoing premises, the covenants and agreements contained in the Construction Contract, and intending to be legally bound hereby, Contractor, for itself, its successors and assigns, and all subcontractors, suppliers, materialmen, and other parties acting through or under it or them, does hereby covenant, stipulate, promise and agree as follows: 1. That no lien or right to file a lien or claim against the Improvements or any part or parts thereof shall accrue or exist in Contractor or any subcontractor, supplier, materialmen, laborer or others concerned or connected therewith; that no mechanics' lien or claim or materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the Property or any part or parts thereof or the appurtenances thereto, by Contractor or by any subcontractors, suppliers, materialmen, laborers or others, for work done or for any tools, equipment, materials or supervision or other services furnished under any construction, drilling, or supply contract or any subcontract or any supplements or changes thereto, written or oral, or by any other party acting through or under them, or any of them, for and about the Improvements, the Property or any parts thereof, or on credit thereof; nor shall any claim or liability for such labor or materials or work performed arise, exist or be filed against Owner, her heirs, personal representatives, successors in interest or assigns, other than the legal claim of Contractor against Owner pursuant to the Construction Contract. 2. This Waiver of Liens Stipulation 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 Improvements. It is the full intent of Contractor, for itself and for any sub-contractors, materialmen, suppliers, laborers or others claiming for themselves, or by, through or under the Construction Contract, that the right to file a mechanics' lien, under the provisions of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the erection, construction or repairs of the Improvements above described, is hereby waived. 794387.1 3. In order to give Owner full power and authority to protect herself, and the Improvements and the Property against any and all claims filed by Contractor, or by any subcontractor, supplier, materialman, or anyone acting under or through any of them 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 Contractor or of any such subcontractor, supplier, laborer or materialman, or in its or their nantes, any and all mechanics' liens or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained against the Improvements or the Property 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 herein contained to warrant such action, and 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 exemise of the authority hereby conferred. In the event that any court of competent jurisdiction shall detem~ine that any part of the provisions of this paragraph are void or unenforceable in accordance with its terms, both parties hereto expressly consent and agree that this paragraph may be modified by said Court such that the offending provision shall be of no further force and effect but the remainder of this paragraph, if any, and of this Waiver of Liens Stipulation and all other terms and conditions hereof shall continue to be binding on the parties hereto and all parties claiming under or through them. 4. THIS WAIVER OF LIENS STIPULATION will be filed in the office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of the Act of August 23, 1963, P.L. 1175, No. 497, as supplemented and amended, and the receipt for such filing will be delivered to Owner. 1N WITNESS WHEREOF, Contractor has duly executed this Waiver of Liens Stipulation as of the date first above written. J.W. MUMPER CONSTRUCTION, INC. ': frestr n 794387.1 CONTRACTOR'S ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) BEFORE ME, a.No~hry Public of the Commonwealth of Pennsylvania, pe~onally ~appeargd · }~1'~ [ ~tL~)~.//~/d-xwho acknowledged himself/herself to be the ~/1"~ }~ ~'~ of J.W. MUMPER CONSTRUCTION, INC., a Pennsylvania corporation, and that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of such corporation by himself/herself as such officer. AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this day of J-amtm'y, 2004, no work had begun upon the property of Owner referred to in the foregoing instrument at Lot No. 51 in the Final Subdivision Plan for Hillside Farms - Phase III and IV, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 87, Page 23, in Silver Spring Township, Cumberland County, Pennsylvania by him/her or by anyone else, nor had any other work been done upon said ground nor had mater/als of any kind been ordered or delivered upon the ground. J.W. MUMPER CONSTRUCTION, INC. Pring, c~d}b,I.am;: ~'.Od'~a.S ~. JJq~./T}~LI"~.T~, Title."-' ~) fe. Sl~f~- - ~ SWORN TO AND SUBSCRIBED before me this ..9 day ofq-axmm-y, 2004. [Notar/al Seal] My Commission Expires: NOTARIAL SEAL ABIGAIL FREEBURN, Notary Public Silver $~ng Twp., Cumberland County lily Col~mi~s~l F. xpires April 17,2006