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.; FORTNEY CONSTRUCTION, INC.
Contractor-Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
IWILLIAM H. ALEXANDER, an adult
individual, and THE CENTRAL
PENNSYLVANIA CONFERENCE:
OF THE UNITED METHODIST
CHURCH, a non-profit corporation
Owner-Defendant
: MECHANICS' LIEN DOCKET
: NO. m.- <i"IAf'ff In Lb
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as FORTNEY CONSTRUCTION, INC., a Pennsylvania corporation
(the" Contractor") intending to be legally bound, and in consideration of the sum of ONE AND
NO/lOO DOLLAR ($1.00) to it in hand paid by WILLIAM H. ALEXANDER, an adult
individual (the "Legal Owner") who, with THE CENTRAL PENNSYL V ANAl
CONFERENCE OF THE UNITED METHODIST CHURCH, a non-profit corporation (the
"Equitable Owner") are sometimes hereinafter collectively referred to as the "Owner", the receipt
whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or
anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's
liens or claims shall be filed or maintained by it, them or any of them, against the real estate
described in Schedule "A", attached hereto and made a part hereof, or against any buildings or
other improvements thereon Gointly and severally, the "Real Estate"), for or on account of any
work to be done or materials furnished under two contracts between the Legal Owner and the
Contractor, each dated December 18, 2000, or under any supplemental contract, verbal or
written, or contract for extra work or materials relating to and work to be done or material
furnished under said principal contracts provided that the Owner is not in default of the contracts.
The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or
claiming through or under it, hereby waives and relinquishes all right to file a mechanics' lien,
claim or notice of intention to file any lien or claim against the Real Estate.
THE UNDERSIGNED, FOR ITSELF, ITS SUBCONTRACTORS, MATERIALMEN,
LABORERS AND ANYONE ELSE ACTING UNDER OR THROUGH IT, HEREBY
IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF
COMPETENT JURISDICTION OF THE COMMONWEALTH OF PENNSYLVANIA, OR
ELSEWHERE, TO APPEAR AS ATTORNEY FOR IT, THEM OR ANY OF THEM, IN ANY
SUCH COURT AND, IN ITS OR THEIR NAME OR NAMES, MARK SATISFIED OF
RECORD AT THE COST AND EXPENSE OF THE UNDERSIGNED, ANY AND ALL
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CLAIMS, LIENS, ANY PLEADING OR INSTRUMENT, OR ANY AMENDMENT TO ANY
PLEADING OR INSTRUMENT PREVIOUSLY FILED BY IT OR THEM, TO
INCORPORATE THEREIN AS PART OF THE RECORD THIS W AlVER AND FOR SUCH
ACT OR ACTS THIS WANER SHALL BE GOOD AND SUFFICIENT WARRANT AND
AUTHORITY, AND THE UNDERSIGNED FOR ITSELF, AND FOR THEM, DOES HEREBY
REMISE, RELEASE AND QUIT -CLAIM ALL RIGHTS AND ALL MANNER OF ERRORS,
IN FILING SUCH PLEADING, INSTRUMENT OR AMENDMENT, OR IN ANY WAY
CONCERNING THEM.
The Owner shall have the absolute right in its name or in the name of the undersigned or
any other entity or person who shall have filed a claim or lien, to cause any and all such claims or
liens to be discharged by any other instrument, pleading or proceeding permitted at law or in
equity.
The undersigned hereby avers, represents and warrants that no work has commenced on
the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for
the improvement of the Real Estate by the undersigned or by any subcontractor, materialman,
laborer, or other person or entity, and that no authorization has yet been given by the Owner to
the undersigned to commence work or purchase materials in connection with the Real Estate.
This stipulation is made and intended to be filed with the Cumberland County
Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
executed as of the eighteenth day of December 2000.
ATTEST:
FORTNEY CONSTRUCTION, INC.
By2~"
Name: rp~.E. '" Ja.
Title: 71ULl.
ByO~f}.~~
Name: En...~~ 3. Fo ~'f
Title: "iu~...,IT"",,,,-<"""~
(CORPORATE SEAL)
{A216493.DOC;1!
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SCHEDULE A
ALL THAT CERTAIN tract or land lying, being and situate partly in the Borough of
Mechanicsburg and partly in the Township of Silver Spring, both in the County of Cumberland,
Pennsylvania, bounded and described according to that certain plat of survey prepared by
Macomber Associates, Inc., dated December 6, 1984, entitled "Revised Subdivision Plan of
Certon Corporation", and recorded on December 27, 1984, in the Office of the Recorder of
Deeds of the County of Cumberland, Pennsylvania, in Plan Book 47, Page 15, designated Tract 1
thereon, and being more particularly described in that certain Deed dated October 13, 1992 and
recorded in Cumberland County Deed Book 35, Page 1075, the legal description for which is
incorporated herein by reference.
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CUrvi3Ef'L..A\D COUNTY
PENi\ISYLVI\,\lIA
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