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HomeMy WebLinkAbout00-02429 ~1>-_ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANL4 CIVlLACTlON-LAW LOBAR ASSOCL4TES, INC Claimant : : : No. ~-D}r,09~ lIS. : : BOWMANSDALE CHURCH OF GOD Defendtmt : STIPULATION AGAINST LIENS WHEREAS, LOBARASSOCL4TES, INC, Of 4 Barlo Circle, P.O. Box 432, Dillsburg, PA 17019- 0432 ("General Contractor'~ Has Entered Into A Contract Wilh Bowmansdale Church Of God ("Owner'~ The Erection, Construction, Alteration, Or Repair Of Improvements Upon The Lot Of Ground Situated At 101-105 East Lisburn Road., Bowmansdale, Cumberland County, PA, 17008 Of Which Bowmansdale Church Of God ("Owner" Is The Title Holder Of Record. WHEREAS, It Is The Intention Of Owner And General Contractor That Neither Said Lot Of Ground Nor The Improvements Erected Or To Be Erected Thereon Shall Be Subject To A Lien For Debts Due By Owner To General Contractor Or By General Contractor To Any Subcontractor Or Supplier For Lobor Or Materials Furnished In The Said Erection Or Construction, And The Right Of Anyone To Claim Any Such Lien Be Waived Hereby. NOWTHIS A GREEMENT WITNESSETH: That Contractor, For Andln Consideration Of The Contract Aforesaid And The Considerations Mentioned Thereunder, As Well As The Further Consideration Of One And 00/100 ($1.00) Dollar To It In Hand Paid By The Owner At Or Before The Sealing And Delivery Of These Presents, The Receipt Of Which Is Hereby Acknowledged, And Intending To Be Legtllly Bound Hereby, Does Hereby Covenant, Promise, And Agree For Contractor AndAny And All Subcontractors, Materialmen, Laborers, And Parties Acting For, Through Or Under Contrador, That No Mechanic's Lien Or Oaim Other Lien Or Claim Of Any Kind Whatsoever Shall Be Filed Or Maintained Against The Building, Improvements, Lot Of Ground Or Any Part Thereof, Or The Curtilage Or CurtilagesAppurtenant Thereto By Anyone, And ThatA11 Subcontractors, Materialmen And Laborers Shall Look To And Hold Contractor Personally Liable For All Subcontracts, Materials Furnished And Work And Labor Done. AND THIS AGREEMENT, Waiving The Right Of Lien By Anyone, Shall Be An Independent Covenant And Shall Operate And Be Effective With Respect To Work Done And Material Furnished :i l: I! " " f) li !', f: H :1 H ! u I ,: H t I: !.i , "... Under Any Supplemental Contract For Extra Work In The Erection, Construction And Completion Of The Building As Well As To Any Work And Labor Done And Materials Furnished Under The Contract Aforesaid. AND, In Order To Give The Owner Full Power And Authority To Protect Owner And The Building, Improvements And Lot OfGroundAgainstAny And All Gaims Filed By Contractor Or Anyone Acting Under Or Through Contractor In Violation Of The Foregoing Covenant, Contractor Hereby Irrevocably Authorizes And Empowers Any Attorney Of Any Court Of Common Pleas Of The Commonwealth Of Pennsylvania To Appear For Contractor In Any Of The Said Courts Of Common Pleas As Attorney For Contractor And In The Contractor's Name, Mark Satisfied Of Record At The Cost And Expense Of The Contractor, Or Of Any Subcontractor Or Materialman, Any And All Claim Or Claims, Liens Of Lien, Filed By Or For The Contractor, Or Any Subcontractor Or Materialmen, Or In The Name Of Any One Or More Of Them Against The Building, Improvements, Lot Of Ground Or Any Part Thereof, And, For Such Act Or Acts, This Shall Be Good And Sufficient WarrantAndAuthority,And A Rtiference To The Court, Term And Number 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 The Contractor Does Hereby Remise, ReleaseAnd QuitclaimAll Rights AndA Manner Of Errors, Dtifects And Impeifections Whatsoever In Entering Such Satisfaction Or In Any WISe Touching Or Concerning The Same. GENERAL CONTRACTOR: LOBAR ASSOCIATES, INe I I, n Ii 'I I I I I !I [j II 'I I, Ii ) II " 'I II n 11 II :1 II II I IN WITNESS WHEREOF, Contractor Has Executed This Instrument This 12th Day Of April, 2000. BY: NOTARY: State Of: P A County Of: ~ Sworn To Btifore Me This I J.. Day Of April,2000: BY: uJ.;J.l--.. Notary -,~' " - , " , '" .- , . " ;.,'" ..'. ~', ,,,"" -~, ".-, . ..:) "". ;'''''J,''~ ,~' C~~ ' )~ -", ~ ,,-,-,,:;.":;;,-~__: ~ . ','"-' '>e.';""-';;' -;; c_;",__ _ -... _'_V-,"i0.;."_'i "I 11 ;1 Ii II II 'I I II ~ ; ! OWNER: BOWMANSDALE CHURCH OF GOD BY: ; Ii I: f! , <, l! ATTEST: NOTARY: t State Of: , County Of: thn bfl /IMJ Sworn To Before Me This ~ Day Of April, 2000: BY: ~ tl j4,~j'-1.. ~~ Notarial Seal Lisa A, KiSh~aUg~~:%~~~~~nlY S~~~~:;'~:io~~Pires APr, 6. 2003 1 'fl~,lf';" ,.,-, "'~ -~'k~t J'l - ',:~;_T~~~l.J}Uj![l1~~~~,. .~"~ n ~ ~.J.~-'l:'~ ~,'.-::_, ,.' iMd' -- _w('o'c~",~ ''''''''"'"'~~1II1lSl: ~_ .~~, ~"~___, ".t,.." ._~,,"'~ .C '" ' ".~,..,- . .-^~ ~..:. ~ ~ ~ ~ ~ 0: ~ -C:: 0- C2 r::P ... <::::... <::::>. -D ~ ~ ~ ~ ".",. ",..__.'0.0 ._". - '~'~-' " ^ ~~, ',~ q" ,~ ' .,<,". o k;; "' -OED nll ;' ~f: (f) -< ~ ~~ ":'"1 -< ,. ""'" ,.{.,..., I - ... (-.:J Cl "'" -'':) ::";) " ~Tl ''f-, (X) -r F' " ,.., ''y 1'-) ~-l "T\ ~; ~~ (~ (5' ;;j ~~ ~"v i';-;) ("J -