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Home My WebLink About12-2929 PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania 49 PA. CONS. STAT. § 1402 CONTRACTOR'S WAIVER OF LIENS TO BE INDEXED AGAINST: H pf fm44 c vsmM INM (Contractor) AS PLAINTIFF FOR INDEX PURPOSES V. S. -A • G FH P- _ ? iAf??e , c e (Owner) AS DEFENDANT FOR INDEX PURPOSES AND (Tenant) AS DEFENDANT FOR INDEX PURPOSES AND I,uc . How0s i. cV">#n c.*A'- (Contractor) • AS PLAINTIFF FOR INDEX PURPOSES V. s_ S Owner) AS DEFENDANT FOR INDEX PURPOSES AND (Tenant) AS DEFENDANT FOR INDEX PURPOSES % rT1 am c '? y , z C; _._f t-- -? := --r; *C ? -p E-5 C t co f [NOTE: COMPLETING THIS PAGE WILL FACILITATE INDEXING BY PROTHONOTARY] day °°PC-;' C-rhr?3013,9 • 2 - LL GLM_Rev2_Sept04 PENNSYLVANIA Form K3 Waiver of Liens • Commonwealth of Pennsylvania Continued - Page 2 49 PA. CONS. STAT. § 1402 WHEREAS,'- ?S• S'Toy- ("Owner') has entered into a certain construction agreement described on Exhibit "A" hereto (the "Contract") with Hq EM&ME COUP^ G/M- ?'"Contractor"), to provide materials and perform labor necessary for the construction of certain improvements (the "Improvements") as described on Exhibit "A" here- to on the property identified on Exhibit "A" hereto and further described on Exhibit "B" hereto (the "Property"); and WHEREAS, as a condition of the Contract, Contractor has agreed to execute a waiver of mechanics' liens. NOW, THEREFORE, Contractor, in consideration of the foregoing and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agrees with Owner and all subsequent owners of the Property as follows: Contractor, for itself and anyone else acting through or under Contractor, represents, warrants, covenants and agrees that no mechanics', materialmens' or other liens or notice of intention to file any lien has been or shall be filed or maintained by Contractor or anyone else acting through or under Contractor, against the Improvements or the Property for or on account of any work done or materials furnished under the Contract and/or by or through Contractor. Contractor for itself and anyone else acting or claiming through or under Contractor, hereby irrevocably and forever waives and relinquishes any and all rights to file a mechanics', materialmens' or other lien or notice of intention to file such lien. This waiver is and shall be construed as a separate and independent covenant and shall be operative and effective with respect to any and all work done and materials subsequently furnished under any supplemental contract or contracts for extra, different or subsequent work and/or materials, although the covenant might not be referred to therein, and to work and labor to be done or materials to be furnished under the Contract. • Contractor, any subcontractor and any other person who shall have filed any such claim or lien shall indemnify, defend and hold Owner free and harmless against the claim or lien, and against all direct, indirect and consequential damages, claims, costs, expenses and other losses resulting in any way from the filing of any claim or lien, and shall pay or cause to be paid to Owner the amount of its loss, with interest and all expenses incident to their having dis- charged or attempting to have discharged the claim or lien, including attorneys' fees, costs and other disbursements. Contractor hereby represents and warrants that no work of any kind or nature has yet been done on the Property, under the Contract or otherwise, and no materials whatsoever have as yet been furnished to the Property by anyone under, toward or in connection with the execution or performance of the Contract and that no such work shall be done and no such materials shall be furnished until receipt of notice from Owner authorizing the same. The provisions of this Waiver of LiE!ns are severable. Any provision of this Waiver of Liens which shall be invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof, and the remaining provisions shall nev- ertheless remain in full force and E+ffect. GLM_Rev2_Sept04 PENNSYLVANIA Form K3 Waiver of Liens Commonwealth of Pennsylvania Continued - Page 3 49 PA. CONS. STAT. § 1402 Contractor, intending to be legally bound hereby, has executed this Waiver of Liens this 1 day of A'Q PLt L. , 201 . CONTRACTOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cu/`-9e1;1 . MCFr"44IOWS GyStbp% tnwrlNkc?.?G, INC. Name: Title: V9,92tuaprf Address: 3S C.!ffit s61t1 UJ . CA04-44% f (?l4 f')o/S SS. On this, the 11 day of .A?VtL 20_!j before me, a Nota Public for CON onwealth of Pennsylvania, the undersi ned offic r, wsonally appeared TA. ISM V.. I IN ho acknowledged himself/herself to be the Ae-/Si M fi of 1ADMILk me= abd • 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 the corporation by himself/herself as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OOMMONWMT H OF PENNSYLVANIA Notarial Seal Susan K. Mackey, Notary Public Dickinson Twp., Cumberland County My Commission res Sept. 3, 2013 Mwnbw, P4newivania Ass"Intion of Notaries No Public (Notarial Seal) ??L?V? My Commission Expires: S?Tfk*fA 312.013 JEFFREY S. STOVER BARBARA J. STOVER • GL M_Rev2_SeptO4 7177743869 STONE LAFAVER +SHEK ` "' EXHIBIT "A" SINGLE FAMILY HOME 717 774 3869 STONE LAFAVER +SHEK LEGAL DESCRIPTION EXHIBIT "B" ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number Two - The Plan of Netherby prepared by Dawood Associates dated April 24, 2005, and revised through April 13, 2007, and recorded in Cumberland County Plan Book 94, Page 39, as follows, to wit: BEGINNING at a point on the right-of-way line of Netherby Lane (50' ROW) at the northwestern comer of Lot No. 77 on the above-referenced Plan; thence along said Lot No. 77, South 05 degrees 50 minutes 07 seconds West 122.01 feet to a point; thence along Lot No. 79 on the above-referenced Plan North 88 degrees 58 minutes 18 seconds West 135.00 feet to a point; thence along the right-of-way line of Keswick Lane, known as Langley Lane on the above Plan, (50' ROW) the following three (3) courses and distances; 1) on a line curving to the right having a radius of 695.98 feet, an arc length of 58.39 feet and a chord bearing of North 03 degrees 25 minutes 54 seconds East 58.37 feet to a point; 2) North 05 degrees 50 minutes 07 seconds East 55.00 feet to a point; 3) on a line curving to the right having a radius of 20.00 feet, an arc length of 31.42 feet and a chord bearing of North 50 degrees 50 minutes 07 seconds East 28.28 feet to a point on the right-of-way line of said Netherby Lane; thence along the said right-of-way line of Netherby Lane (50' ROW), South 84 degrees 09 minutes 53 seconds East 116.97 feet to a point, the point and place of BEGINNING, BEING Lot No. 78 on the Final Subdivision Plan for Phase Number Two - The Plan of Netherby and containing 17,367.3 square feet. BEING a part of the same premises which Raymond E. Diehl and Donald E. Diehl, father and son, by Deed dated December 4, 2009, and recorded December 10, 2009, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 200941227, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, father and son, as tenants in common with no right of survivorship. BEING the same premises which Raymond -5. Diehl and onald E. Diehl, father and son, as tenants in common with no right of survivorship by Deed date , 2012 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberl d, Pennsylvania, granted and conveyed unto Jeffrey S. Stover and Barbara J. Stover, husband and wife, Mortgagors herein. ABTA Commitment Schedule A (continued)