HomeMy WebLinkAbout97-03375
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1027 MUMMA ROAD PARTNERSHIP
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Owner /Plaintiff
v.
MILLER AND NORFORD, INC.,
Contractor/Defendant:
NO . '11. .$ ':!> l~"" M. L. D . 1~ T/;........
STIPULATION AGAINST LIENS
WHEREAS, 1027 Mumma Road Partnership, a Pennsylvania
general partnership, of 1027 Mumma Road, Camp Hill, Pennsylvania
17011 (the "Partnership"), record owner of the hereinafter
described tract of land, has executed or is about to execute
contemporaneously herewith a contract with Miller and Norford,
Inc., a Pennsylvania corporation, of 700 Ayers Avenue, Lemoyne,
Pennsylvania 17043 (the "Contractor"), for renovation of an
office building and other improvements (collectively the
"Building") on a tract of land known as 1027 Mumma Road, Camp
Hill, Cumberland County, Pennsylvania, more fully described in
Cumberland County Deed Book U, Volume 35, Page 140 and being
more particularly described on Exhibit A attached hereto,
incorporated herein by reference and made a part hereof (the
"Premises") ;
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THEREFORE, this ~ day of June,
1997, before any
NOW
authority has been given by the Partnership to the Contractor to
commence work on the Building or the Premises, or to otherwise
construct any improvements thereto, or to purchase materials for
the same, or to enter into any contracts with any subcontractors
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or materialmen, or to authorize any purchases by or through any
subcontractors or materialmen, in consideration of the making of
said contract with the Partnership and the further consideration
of One Dollar ($1.00) to Contractor paid by th= Partnership, AND
INTENDING TO BE LEGALLY BOUND HEREBY, Contractor agrees, for
Contractor and for any and all subcontractors, materialmen and
all persons and parties acting or claiming for, through or under
Contractor, that no mechanic's lien or other lien or claim shall
be filed against the Building, Premises, or any part thereof,
whether by the Contractor or any subcontractor or by any of the
materialmen, workmen or any other party or person, for any
labor, materials purchased or extra labor or materials
purchased, whether done pursuant to the original contract or
pursuant to any amendment or supplement thereto whether verbal
or written, or any subsequent or additional contract for extra
work upon, in or about the Building or Premises (collectively
the "Contract").
It is the full intent of the Contractor, as an
independent covenant, for itself and tor any and all
subcontractors, materialmen, persons or parties claiming for
themselves, or by, through or under the Contract or the
Contractor, that the right to file a mechanic's lien under the
provisions of any law and/or of any Acts of Assembly for work
done or materials furnished in connection with or in any other
way related to the construction of the Building or any other
work on or about the Premises is hereby waived.
In order to give Owners full power and authority to
protect the Premises and Building against any and all mechanic's
liens or other 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 and parties acting or claiming for,
through or under Contractor, hereby irrevocably authorizes and
empowers the prothonotary, clerk or any attorney of any court of
the Commonwealth of Pennsylvania or prothonotary, clerk or any
attorney of any other court in any jurisdiction here or
elsewhere, to appear in said court or jurisdiction for
Contractor, and mark satisfied of record, at the cost and
expense of Contractor, or any such subcontractor, materialmen or
party, any and all claim or claims, lien or liens filed by or
for Contractor, or in its or their name against the Premises,
Building, or any part thereof, and for such act or acts, this
document shall be a good and sufficient warrant and authority,
and a reference to the court, term and number or place in which
this stipulation of liens has been filed shall be sufficient
evidence of the authority herein contained to warrant such
action; and Contractor, for itself and all such parties, does
hereby remise. release and quitclaim unto Owners and each of
their certain attorneys and other authorized agents, any and all
manner of errors, defects and imperfections whatsoever in
entering such satisfaction or anyway touching or concerning the
same.
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 any mortgagee of the
Premises.
IN WITNESS WHEREOF, Owners and Contractor have executed
this stipulation Against Liens the day and year first above
written.
WITNESS:
OWNERS:
1027 Mumma Road Partnership
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ATTEST:
CONTRACTOR:
Miller and
(CORPORATE SEAL)
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