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HomeMy WebLinkAbout03-3972WAIVER OF MECHANIC'S LIENS CONTRACTOR: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 OWNER: Container Bright 2410 Gettysburg Road Camp Hill, PA 17011 PROJECT: Tunnel Wash for CONTAINER BRIGHT PREMISES: 2410 Gettysburg Road Camp Hill, PA WHEREAS, on August 1, 2003, Owner and Contractor entered into an agreement for the above-referenced Project, which is located on the parcel of property set fourth on Exhibit ~A" attached hereto (the ~Premises"); and WHEREAS, in consideration for the contract, Owner has required Contractor to waive any claim which it has or may acquire, on behalf of itself, its subcontractors, and suppliers, with regard to the Project. NOW THEREFORE, Contractor agrees as follows: 1) Neither Contractor nor any of its subcontractors or suppliers shall file any Mechanic's Lien against the Project or against the Premises on account of the performance of any labor or the furnishing of any materials with regard to the Project. 2) Contractor shall inform all subcontractors and material suppliers with regard to the Project that Contractor has waived any rights which they may have to file a lien against the Project or the Premises. 3) This agreement is an independent covenant, and shall operate and · be effective regardless of Owner's performance under the contract. Furthermore, this Agreement shall extend to and be effective with regard to any supplemental contract for extra work to be performed relative to the Project. 4) In order to fully protect the Owner and the Premises against any Mechanic's Lien claim which may be filed by Contractor or its subcontractor or supplier in violation of the covenants contained herein, Contractor, for itself, its subcontractor, and suppliers, hereby irrevocably authorize and empowers any attorney of any court of record in and for the Commonwealth of Pennsylvania to appear for it, them, and any of them in any of the Courts of Common Pleas of the Commonwealth of Pennsylvania as Attorney for it, them or any of them and, in the name of any claimant who files a lien against the Project or the Premises, mark ~Satisfied~ any such lien at the cost and expense of the Contractor and of any such Mechanic's Lien claimant. For such action, this instrument or a true and correct copy hereof shall be sufficient warrant. This warrant of attorney shall not be exhausted by any single exercise, but may be re-exercised from time-to-time at any time that a Mechanic's Lien has been filed against the Project or the Premises. By furnishing labor or materials with respect to the Project, each subcontractor and material suppler of Contractor is expressly agreeing to the terms of this instrument an authorizing the exercise of this warrant of attorney against it. 5) Any legal fees, court costs, or other expenses incurred by Owner with regard to a Mechanic's Lien filed by Contractor or any of its subcontractors or suppliers, shall be payable by Contractor to Owner upon demand. IN WITNESS WHEREOF, Contractor, intending to be legally bound hereby, has causes this instrument to be duly signed this 1st day of August, 2003. Owner: Container Bright By: %,~U~ ~'--~ ~ Name: ~6~ ~_.. Title: Contractor: Gateway~nc. By:~/~ Name: Perry L. Smith Title: President \\SBSERVER\dot\Word\waivers\container bright tunnel wash.doc .. · A~ .~$ [ EERTAIN ~a~t...or' ~r~l, of land ~ttuate J~ .'tbp ..., · · . . Penn~flv~tq, m~a pq~tcul~y b~un~ 9n~ d~b~ a~ (dl~S .tO ., .. · it; · ' :' ":" ' · ' ': ~ ' .. · . .' ' ' ' · . m~ut~s, t7 s~c~d$. West u ~tonq~ ~f l~& ~'..&et to <~. ~o[~j' . .~ ~9~mtnutes O0 s~dg '~ ~ dtdto~c~ o[ 5~1.~9' reef ~0 a 4h~Ce ~t~ d~ff fh'e diw~ng [iue.b~w~n' ~h~. ~n .., ':.. .. ~escu~4 trot, [~du .of ~MP Incarnated. ~md afao lon~ r~. ' .. ',. ,d?~d/nq line. betw~n ~h~. ' ' ' "" ' ' "' ' " ~. '~C~l~t~, . ' · ' · , '- · ' · :.-.'. . .t . ' ~,'.:'. ' " '-' 'i~'"~:" ' "" ".'"~'-'""'"-'",.,.:.,.- '.'.. 2,' . '~ ' , : ' .' . : .ADD ~ n ~ ' .' -.. . ':. . ,, -. · ' , ;.. . · ,, ', · · '. ~. ~' ~003~- ":. ......~ ~r~'..no~'-c~-'-.~- .... ... ~., ,..:...' . ... .. ' .:. .... .. · :..' ...' ~,. z.~*~',... '.,,. '.":..',.' , . · ., , ~. ', ~ ~...~ .~ , ,... ,.. * ,., . ~' .~ :, .. . , · ~'" ' ' '~o~ ~ 'r~i. ~ ' ' ..... ~hT~ '' f~ .~' .' ' .,:/: · · ~ ~ ~og,.. . .... ..~r.'-''~$~7 ~.. :.~r~.~-.. .'~ . . .~.~.. . ~m Plaintiff Angie Ott V. Defendant Rick A. Ott In The Court Of Common Pleas Of Cumberland County, Pennsylvania Docket No. 02-3972 In Divorce MILITARY QUALIFYING COURT ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Acknowledgment: The parties acknowledge that Rick A. Ott is currently receiving a military retirement benefit based on his service in the United States Air Force. The parties further agree that his former spouse, Angle Ott, has an interest in such military retirement benefits, and shall receive from Rick A. Ott's disposable military retired pay an amount as set forth below. Further, Rick A. Ott shall assist Angie Ott in submitting any application(s) necessary to secure her share of his disposable military retired pay as awarded herein. 2. Military Member Information: The name, last known address, social security number, and date of birth of the "Member" are: Name: Rick A. Ott ("Participant"~ Address: 950 South 31st Street, 'Camp Hill, Pennsylvania 17011 Social Security Number: #184-48-9557 Birth Date: July 21, 1958 3. Former Spouse Information: The name, last known address, social security number, and date of birth of the "Former Spouse" are: Name: Angie Ott ( ormer Spouse ) Address: 965 Bosler Avenue, Apt. A, Lemoyne, Pennsylvania 17043 Social Security Number: #371-74-2197 Birth Date: May 31, 1953 The parties hereto were husband and wife, and a divorce action is in this Court at the above number. The parties were married on September 25, 1982. 4. Assignment of Benefits: The Member assigns to the Former Spouse an interest in the Member's disposable military retired pay. The Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 5. Observance of Member's Rights Under the Soldier's and Sailor's Civil Relief Act of 1940: The Member's rights under the Soldiers' and DRAFTED: 11/6/03 10-16-03-173-977Q Sailors Civil Relief Act of 1940 (50 App U.S.C. Section 521) were observed by the Court during this proceeding. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. Amount of Former Spouse's Benefit: This Order assigns to the Former Spouse an amount equal to Fifty Percent (50%) of the Member's disposable military retired pay. 8. Cost of Living Adjustments: In addition to the above, the Former Spouse shall receive a pro-rata share of any post-retirement cost-of-living adjustments ("COLA") made to the Member's benefits on or after the date of this Order. 9. Duration of Payments: The Former Spouse shall begin to receive her share of the benefits as soon as administratively feasible following the date that this Order is approved by DFAS or the appropriate Military Pay Center The Former Spouse shall continue to receive such benefits dur ng the joint lives of the parties, and, to the extent permitted under law, irrespective of the future marital status of either of them, they shall terminate only upon the death of either Member or Former Spouse. 10. Survivor Benefit Plan ("SSP") Protection for Former Spouse: The Court hereby orders that the Former Spouse shall be treated as the Member's irrevocable beneficiary under the Survivor Benefit Plan ("SBP"). The Member shall be required to make the necessary election in a timely manner to effectuate the SBP coverage for the Former Spouse and shall execute such paperwork as is required. The level of SBP coverage required for the Former Spouse shall be that which will provide her with the same benefit payments after the Member's death that she was eligible to receive or receiving before his death. 11. Jurisdiction: The jurisdictional requirements of 10 USC Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 12. Duration of Marriage Acknowledgment: The Member and Former Spouse acknowledge that they have been married for a period of more than ten years during which time the Member performed more than ten years of creditable military service. The parties were married on September 25, 1982. 13. Overpayments: The Former Spouse agrees that any future overpayments to her are recoverable to involuntary collection from her estate. , 14. Notification: The Former Spouse agrees to notify DFAS about any cnan~es affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 15. Qualification: The Member and the Former Spouse intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. All provisions shall be construed and modified to the extent necessary in order to qualify as a Qualifying Court Order. DRAFTED: 11/6/03 10-16-03-173-977Q 16. Continued Cooperation of Member: The Member agrees to cooperate with the Former Spouse to prepare an application for direct payment to the Former Spouse from the Member's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Member agrees to execute all documents that the United States Air Force may require to certify that the disposable military retired pay can be provided to the Former Spouse. 17. Merger of Benefits and Indemnification: The Member agrees not to merge his disposable military retired pay with anv other, pension and not to pursue any course of action that would defeat the Former ,~pouse s right to receive a portion of the disposable military retired of the Member. The Member agrees not to take any action by merger of the military retirement pension so as to cause a limitation in the amount of the total retired pay in which the Member has a vested interest, and, therefore, the Member will not cause a limitation of the Former Spouse's monthly payments as set forth above. If the Member becomes employed or otherwise has h s military pension merged, which emDlo ment or " Member's dis osa " . r Y . other cond t}..on causes a mer er of the p ble m~l~tary retired pay, the Member Will pay the Form~gr Spouse directly the monthly amount assigned to her in Paragraph 7 of this Order under the same terms and conditions as if those payments were made pursuant to the terms of this Order. 18. Direct Payment bv Member: If in any month, direct payment is not made to Former Spouse by DFA~ (or the appropriate military bay center) pursuant to the terms of this Order, Member shall pay the amounts called-for above directly to Former Spouse by the fifth day of each month in which the military pay center fails to do so, beginning on the date that Former Spouse would have otherwise been entitled to commence her payments. This includes any amounts received by the Member in lieu of disposable retired pay, including but not limited to, any amounts waived by Member in order to receive Veterans Administration (i.e. disability) benefits or any amounts received by Member as a result of any early-out provision, such as VSI or SSB benefits. 19. Actions decreases, or limits theBy Member: If the Member takes any action that prevents, collection by the Former Spouse of the sums to be paid hereunder he shall make payments to the Former Spouse directly in an amount surf cient to neutralize, as to the Former Spouse, the effects of the actions taken by the Member. 20. Submission of Information: The parties acknowledge that the following items must be sent by the Former Spouse 'to DFAS (Cleve and Center), located at P.O. Box 998002, Cleveland, Oh o 44199-8002. The Member agrees to provide any of this information to the Former Spouse at the Former Spouse's request and to make all necessary efforts to obtain any of this information that the Former Spouse is unable to obtain. (a) A copy of this Qualifying Court Order that divides ret red pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Air Force. -- - (b) A statement by the Former Spouse which verifies that the divorce decree has not been modified, superseded or set aside. (c) The parties' marriage certificate. DRAFTED: 11/6/03 10-16-03-173-977Q (d) The Member's name, Social Security Number, date of birth, and name of the military service. (e) The Former Spouse's name, address and Social Security Number. 21. Continued Jurisdiction: The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Former Spouse of the military retirement benefits awarded herein, including the recharacterization thereof as a division of Civil Service or other retirement benefits, or to make an award of alimony in the event that the Member or DFAS fail to comply with the provisions contained above requiring said payments to the Former Spouse by any means, including the application for a disability award or filing of bankruptcy, or if military ~)r government regulations or other restrictions interfere with payments to the Former Spouse as set forth herein. 22. Taxes: The Former Spouse shall be liable for any federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 23. Discovery: The Member hereby waives any privacy or other rights as may be required for the Former Spouse to obta n information relating to the Member's date and time of retirement, last unit assignment, final rank, grade and pay, present or past retired pay, or other such information as may be required to enforce the award made herein, or required to revise this Order so as to make it enforceable. 24. Definition of Military Retirement: For the purpose of interpreting this Court's intention in making the division set out in this Order, "military retirement' includes retired pay paid or to which Member would be entitled for longevity of active duty and or reserve component m tary service and all payments paid or pa able under the provis OhS of Chapter 38 or Chapter 61 of Title 10 of the United States ~ode, before any statutory, regu atory, or elective deductions are a lied F calculatin the Former ' . PP . or purposes of g Spouse s share of the benefits awarded to her by the Court, the marital property interests of the Former Spouse shall also include a pro-rata share of all amounts the Member actually or constructively waives or forfeits in any manner and for any reason or purpose, including, but not limited to, any waiver made in order to qualify for Veterans Administration or disability benefits. It also includes a pro-rata share of any sum taken by Member in lieu of or in addition to his disposable retired pay, including, but not limited to, exit bonuses, voluntary separation incentive pay (VSI), special separation benefit (SSB), or any other form of retirement benefits attributable to separation from military service. Such pro-rata share shall be based on the same formula, percentage or amounts specified in Section 7 above, as applicable. In the event that the DFAS will not pay the Former Spouse directly all or a portion of the benefits awarded to her herein, then Member shall be required to pay her directly in accordance with the terms and provisions set forth in Section 18 above. IT IS SO ORDERED. DATE: ~,.~e~'. ~'~(5'~ JUTE DRAFTED: 11/6/03 10-I 6-03-173-977Q