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HomeMy WebLinkAbout03-0286IN THE COURT OF COMMON PLEAS OF CUMBE~D COUNTY, PENNSYLVANIA CIVIL ACTION- LAW LOBAR ASSOCIATES, INC. : Claimant : ; LAMP HILL CHURCH OF GOD Defendants STIPULA TION A GAINST LIENS WHE~S, LOBAR ASSOCIATES, INC., Of 4 Barlo Circle, P.O. Box 432, Dillsburg, PA 17019-0432 ("General Contractor") Has Entered Into A Contract W~tth CAMP HILL CHURCH OF GOD ("Owner") And Has Commenced Fftth The Erection, Constructinn, A ller~on, Or Repair Of Improvonents To The CAMP HILL CHURCH OF GOD, 123 North 21~t Street, Camp Hill Borough, Cumberland County Pennsylvania Of Which The CAMP HILL CHURCH OF GOD ("Owner") Is The Title HoMer Of Recora~ WHEREAS, It Is The Intention Of Owners 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 Owners To General Contraetor Or By General Contractor To Any Subcontractor Or Supplier For Labor Or Materials Furnished In The Said Erection Or Construction, And The Right Of Anyone To Claim Any Such Lien Be Waived Hereby. NOW THIS A GREEMENT WITNESSETH: That Contractor, For And In Consideration Of The Contract AforesaidAnd The Considerations Mentioned Thereunder, As WellAs The Further Consideration Of OneAnd ($1.00) Dollar To It In Hand Paid By The Owners At Or Before The Sealing And Delivery Of These Presents, The Rece~ot Of Which Is Hereby Acknowledged, And Intending To Be Legally Bound Hereby, Does Hereby Covenant, Promise, And Agree For Contractor And Any And All Subcontractors, Materlabnen, Laborers, And Parties Acting For, Through Or Under Contractor, That No Mechanic's Lien Or Claim 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 Curtilages Appurtenant Thereto By Anyone, And That All Subcontractors, Materialmen And Laborers Shall Look To And Hold Contractor Personally Liable For All Subcontracts, Materials Furnished And Work And Labor Done. AND THIS A GREEMENT, Waiving The Right Of Lien By Anyone, Shall BeAn Independent CovenantAnd Shall Operate And Be Effective Wffh Respect To Work Done And Material Furnished 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 Owners Full Power And Authority To Protect Owners And The BuiMing, Improvements And Lot Of Ground Against Any And All Claims Filed By Contractor Or Anyone Acting Under Or Through Contractor In ~tobrtion Of The Foregoing Covenant, Contractor Hereby Irrevocab~ Authorig. es 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 Contra~or's Name, Mark Satisj°ted 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 Warrant And Authority, And A Reference To The Court, Term And Number In Ighich And I~Zhere This Instrument Shall Have Been Filed Shall Be A Sufficient Exhibit Of The Autltority Herein Contahted To Warrant Such Action, And The Contractor Does Hereby Remise, Release And Quitclaim AffRights AndA Manner Of Errors, Defects And Imperfections Itqtatsoever In Entering Such Satisfaction Or In Any 14~tse Touching Or Concerning The Same. IN WITNESS tFHE~OF, Contractor Has Executed This Instrument This 21st Day Of January, 2003. GENERAL CONTRACTOR: LOBARASSOCIATES, INC. / endie L.Corp. Seff?reas. NOTARY: State Of: fA County Of' y ~("~-' Sworn To Before Me ,his/)/Z~' Day Of~ Notaria Seal Julie L. Eckert, Notary Public .... Carroll Twp., York Cotmflf My.{.x)mflll~sion Expires Aug. f2, 2004 lVleff,,l~., Pennsylvania Association of Nolarlea~ C C w ~ -~ w ~ J g 't3 la- ..f~ f•; r~' ~ ~; ce'~ >, ~.: -:. c..~ ' -~:~. ~, 3 'J; ~ #. F-~ ~ S,"7 -~ ~ ;~ ,s, ~~, ,~ cr -` LS