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HomeMy WebLinkAbout03-5239IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONEWAGO ENTERPRISES, INC. 660 Edgegrove Road Hanover, PA 17331 Contractor and BRAMBLES TOWNHOUSE ASSOCIATES, L.P. P.O. Box 686 Camp Hill, PA 17001-0686 Ogtner Code STIPULATION AGAINST LIENS Filed on behalf of Contractor To the Prothonotary: Please index this Stipulation Against Liens with Owner designated as Plaintiff, Contractor designated as Defendant, and vice versa. CERTIFICATE OF LOCATION I hereby certify that the location of the real estate affected by this No-Lien Agreement is 1776 Louisa Lane, Hampden Township Cumberland County, Pennsylvania Re£ PA - 9/4/98 STIPULATION AGAINST LIENS The undemigned contractor, materialman or other entity or person furnishing services, labor, equipment or materials, known as CONEWAGO ENTERPRISES, INC., a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other, good and valuable consideration to it in hand paid by BRAMBLES TOWNHOUSE ASSOCIATES, L.P., hereinafter referred to as the "Owner", the receipt whereof is hereby acknowledged, and intending to be legally bound, 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 tbem, against the real estate situate at the southern terminus of Lenker Street, Hampden Township, Cumberland County, Pennsylvania, known or municipally numbered 1776 Louisa Lane, Mechanicsburg, PA 17050 (as more fully described on the attached legal description included as Exhibit "A"), or against any buildings or other improvements theron (jointly and severally, the "Real Estate"), for or on account of the site remediatinn work to be done or materials furnished under the contract dated September 26, 2003 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 contract provided that the Owner is not in default of the contract. 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 provided the Owner is not in default of the contract. 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 mechanics' lien, to cause such 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, working for or through the contractor. The General Contractor hereby agrees to waive any defects in the filing and indexing of this Lien Waiver in the Office of the Prothonotary of Cumberland County where it is to be filed pursuant to Section 1402 of the Mechanics Lien Law of 1963 and agrees that it will not contest the validity of this Lien Waiver based upon any such defects and hereby agrees to this waiver of defects on behalf of any of the Subcontractors, materialmen or suppliers that may provide any labor or materials under the General Contractors Agreement with the owner and who, bnt for the same, waiver, would be entitled to assert Mechanics Liens against the owner's property under the Mechanics Lien Law of 1963, and shall hold harmless and forever defend owner from any and all claims arising therefrom. IN.WITNESSfi)~rI~E, REOF, the undersigned has mused this instrument to be duly executed as of the 2 ~ day of ~..1/~/).~. ,2003. ATTEST: Name: Susan C. Smith Title: Assistant Secretary CONEWAGO ENTERPRISES, INC. Name: Christine M. Smith Title: Executive Vice President (CORPORATE SEAL) Ref. PA - 9/3/98 2 F~OH : Tom Gaug~en F~x ~(717J76~960~ PHONE ND. : 717 76~ 9600 Oct.