HomeMy WebLinkAbout03-2222WAIVER OF RIGHT TO FILE MECHANICS' LIEN
Separate Stipulation
WHEREAS, the undersigned Contractor has entered into a
contract with the hereinafter mentioned Owners to provide
materials and perform labor necessary for the construction
of improvements upon the real estate herein described for a
good and valuable consideration,
AND NOW THEREFORE, it is hereby stipulated and agreed
by and between the said parties, as part of the said
contract and for the consideration therein set forth, and
intending to be legally bound hereby, that neither the
undersigned Contractor, nor any subcontractor or
materialman, nor any other person furnishing labor or
materials to the said Contractor under this contract shall
file a lien, commonly called a mechanics' lien, for work
done or materials furnished to the building or any part
thereof or any part of any improvement on the real estate.
This stipulation is made and intended to be filed in
the office of the Prothonotary either prior to the
commencement of the work upon the ground, or within ten days
after the execution of the said contract, in accordance with
the requirements of the Act of Assembly of Pennsylvania, in
such case made and provided.
The Owners are Kelly J. Kramer and Jill P. Kramer
, whose address is 704 Brenton
Street, Shippensburg, Pa. 17257
The Contractor is Eldon Martin Builder
Whose principal place of business is at 8467 Rowe Run Road,
Chambersburg, Pa. 17201
The real estate on which the improvements are to be
ez-ected is described as follows: Located in Southampton
Township , Cumberland County, Pennsylvania:
The improvements consist of new construction @ 115
Willow Drive, Shippensburq, Pa. 17257
This stipulation has been signed this
May , 2003.
8th day of
Witnes :
t ,~hi~ M. Heckman. Notary Public.
/Chamb~sburg Boro, Franklin uo~_ I
J tr,%/C, ammission Expires ,June 16, 005
'Member, Pennsylvania Association ot Notaries
Contract~
BOSCOV'S DEPARTMENT STORE,
Plaintiff
VS
PATSY DELVECCHIO
GENE DELVECCHIO
Defendant
ALLFIRST BANK
Garnishee
INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PA
No. 2003-2272
CIVIL ACTION - LAW
Would you please enter judgment against ALLFIRST BANK, garnishee, in
the amount of $1055.00, the amount being due Defendant at time of
garnishee's Answers to Interrogatories.
June 9, 2003
Attorney for Plaintiff
BOSCOV'S DEPARTMENT STORE,
Plaintiff
vs.
INC.
PATSY DELVECCHIO
GENE DELVECCHIO
Defendant :
:
ALLFIRST BANK :
Garnishee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
INTERROGATORIES TO GARNISHEE
TO: ALLFIRST BANK, Garnishee
You are required to file answers to the following interrogatories
within twenty (20) days after service upon you. The answers must be
in writing and under oath. You are warned that if you fail to do so,
a Judgment may be entered against you by the Court without further
notice for any money claimed by the Plaintiff against the Defendant.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
1. At the time you were served or at any subsequent time did you
owe the defendant any money or were you liable to him on any
negotiable or other written instrument, or did he claim that you
owed him any money or were liable to him for any reason? If so,
specify how much.~
2
~Q~C~ ' e you were served or at any subsequent time was there
~ ._~ossession, custody, or control or in the joint possession,
~RA~ control of yourself and one or more other persons any
~ ~6~~of any nature owned solely or in part by the defendant~
~6, specify how much. I%Q '
3. At the time you were served or at any subsequent time did you
hold legal title to any property of any nature owned solely or in
part by the defendant or in which defendant held or claimed any
interest?
4. At the time you were served or at any subsequent time did you
hold as fiduciary any property in which the defendant had an
interest?
5. At any time before or after you were served did the defendant
transfer or deliver any property to you or to any person or place
pursuant to your direction or consent and if so what was the
consideration therefor? ~
6. At any time after you were served did you pay, transfer, or
deliver any money or property to the defendant or to any person or
place pursuant to his direction or otherwise discharge any claim
of the defendant against you? ~3~
These interrogatories shall be deemed to be continuing
interrogatories. If after the time of your answer, you or anyone
acting in your behalf learn or obtain additional information
requested, but not supplied in your answers, you ~
shall promptly furnish a supplemental answer under oath containing
the same.
Dated: ~, 20 O~
Arthur M. Feld
Attorney for Plaintiff
1309 Bridge Street
New Cumberland, PA 17070
(717) 770-0292
ID #07172
For signature by Garnishee:
~.~ -~~ ~ , states subject to the penalties
of 18 Pa. C. S. Section 4904 relating to unsworn falsigication to
authorities, that he/she is authorized by Garnishee to make this
affidavit, and that the facts set forth herein are true and correct
to the best of his/her knowledge, information and belief.
, 20
Dated:
706/002
Nancy J. Robinson
M & T Bank