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HomeMy WebLinkAbout98-06952 PCRG-] PENNSYLVANIA COUPON REDEMPTION SERVICES, INC. d/b/a PCRS, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Owner v. Number 9P/,ys;;l., Term 199_ - G. R. SPONAUGLE & SONS, INC., Contractor , : STIPULATION AGAINST LIENS THIS STIPULATION is made this Ifll- day of .J1::",",-t/;~.r 1998 between PENNSYLVANIA COUPON REDEMPTION SERVICES, INC. ("Owner"), a Pennsylvania corporation, d/b/a PCRS, Inc., with an address at 1029 Mumma Road, Wormleysburg, pennsylvania 17043, and G. R. SPONAUGLE & SONS, INC. ("Contractor"), a Pennsylvania corporation, with an address at 4391 Chambers Hill Road, Harrisburg, Pennsylvania 17111. BACKGROUND A. Owner is the legal owner of certain real property located at 1029 Mumma road, Borough of Wormlei'sburg, Cumberland County, Pennsylvania and the improvements thereon, more particularly described in Exhibit "A" attached hereto (the "Property"), and having Uniform Tax Parcel No. 47-19-1590-107. B. Owner and Contractor have entered into that certain Contract dated December 4, 1998, for certain materials and/or work relating to mechanical systems and engineering. 'gas and electric roof-top unit(s), and related equipment at or within the building located on the property or any addition thereto (the "Contract") .' C. Contractor has covenanted, promised and agreed, and hereby covenants, promises and agrees, that no mechanic's or materialman's lien or claim shall be filed or maintained in the Property or any part thereof, either by itself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract for extra work, or in any other erection, construction, completion, or renovation of improvements to the Property. D. This Stipulation Against Liens is intended to benefit and protect Owner and its successors and assigns. NOW THIS AGREEMENT WITNESSETH: .i In consideration of the above Background, herein incorporated by reference, and intending to be legally bound hereby, Owner and Contractor, for themselves and their respective representatives, successors and assigns, and others claiming by or under it or them, agree as follows: 1. The Contractor, for itself and anyone else acting or claiming to act through or under it, for and in consideration of the Contract and the considerations mentioned therein, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, and stipulate that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against any improvements or the estate or title of Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Property or any part thereof, or on credit thereof,' and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as 'well with respect to work done and materials furnished under any supplemental contract for extra work to the Property as to any , work and labor done and materials furnished under the Contract. 3. In order to give Owner full power and authority to protect itself and the Property against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empOI\fers any Attorney of any Court of Conmon Pleas of the Commonwealth of Pennsylvania, to, appear in any of the Courts of Common Pleas as Attorney for it and, in its name, to mark satisfied of record at the cost and expense of Contractor or any subcontractor or materialman, any and all claim or claims, lien or liens, filed by or for the Contractor, or any subcontractor or materialman, or in its or their name against said building or buildings, or other improvements, or any lot or lots 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 which and where this 2 ~ J ~ ~ I~ f.i 8 i' --.) ", 0~ t! , , -..9 I'- -- ~ ( 8 ()' ~ 0- Q , \.. .J. ~ 'fu- U d..