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Home My WebLink About11-7828IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ('O?I?IUN\?'EAL'fII OF PLNNS? LVANIA DEPARTMENT OF (if:NERAI._ SERVICES; SHIPPENSBURG I NIVERSITY OF PENNSYLVANIA OF I I IL- S.I'ATE SYSTEM OF HIGHER EDUCATION. a body corporate and politic constituting a public corporation and instrumentality under the laws of the C'oinnionwealth of Pennsylvania; and SHIPPENSBURG UNIVERSITY S I I*DI.NT SERVICES, IN( OKPORATED. a Pennsylvania n. nl?ruf it L•orporatiun. Owners Plaintiffs, r Ssoc. rl^L H;?1 iS `(?rtrnG3 G?`y)Ace CIVIL DIVISION No: //_ 7o d k M J--? WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR Code: Filed on behalf of: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES; SHIPPENSBURG UNIVERSITY OF PENNSYLVANIA OF THE STATE SYSTEM OF HIGHER EDUCATION; and SHIPPENSBURG UNIVERSITY STUDENT SERVICES, INCORPORATED Subcontractor Defendant, o.wrII"ICATE OF LOCATION I IIEREBY CERTIFY that the location of the Reel Estate affected by this lien waiver I ,: CMIIJ)uN o1' Shippensburg University of Pcnns,N lvania. Shippensburg Township and ?I111)pen,hurg Borough. Pennsylvania I l.?ft I Owners/Plaintiffs Counsel of Record for Shippensburg University of Pennsylvania of the State System of Higher Education: r,, Jacqueline Morrow, Esq.- rnm M o - Pa. I.D. No. 37222 x r 4 2986 North Second Street r - Harrisburg, PA 17110 ,-; -- C? =r. ` C7, J' C) CID -? r -t C? C3-r- F7 d-1. oo v? L4 Sk WA IVER OF LIENS STIPULATION BY SUBCONTRACTOR 11115 WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made ttl- 201 1 by. H11114 [•tct?a14DItX'1tA???De corporation, I t ?t) 5 (1t t t l l ?A ?? . x'41 ?{ z I? (address) (hereinafter the "Subcontractor"). i?fltL'd }.? its Jun t1[tL , Jtb ;)cic,t WITNESSETH: WHEREAS. Shippensburg University of Pennsylvania of the State System of Higher I dtication 1" Shippensburg") owns or, pursuant to an agreement with the Commonwealth of F'enns\kania Department ol- General Services ("DGS"), has occupancy, custody and control of Lertuin property located on Shippensburg's campus being partially located in both Shippensburg l (m whip and Shippetsburg Borough. Cumberland County, Pennsylvania, which is depicted on I \hihit A (the "Property"): WHEREAS. Shippensburg University Student Services, Incorporated ("SUSSI" and, together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the Proper \VI IERt'..-V;. ` LJSSI has entered into a development agreement relating to the LI;•?„•I01MIent of the Iroperty With Campus Apartments, Inc. (the "Developer")- and WHEREAS, pursuant to it contract or contracts between Fortune-Johnson, Inc.(the Prinuc Contractor") and the Developer (the "Prime Contract"), the Prime Contractor has .t 1k.Td to supply labor, materials and services and perform certain construction and demolition iirk upon the Property (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of 1963, as the same has been and may be amended from tiny:-to-time in the future (the "Mechanic's Lien Law"), shall have the meanings assigned to their in the Mechanic's Lien Law unless otherwise defined in this Waiver of Liens; WHEREAS. Subcontractor has entered or will enter into a contract to supply or cause to he supplied labor, materials and services and/or perform or cause to be performed certain work htch %? ill he incorporated into, and form a part of, the Work (the "Subcontract" and together iih the Prime Contract. collectively, the "Contracts"); and WHEREAS. the Developer and/or the Contractor has posted or will post a bond guaranteeing payment for labor and materials provided by subcontractors (which term, as dchned in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in iollneiUnn With the Work; and WI II:RE"As. the Owners. Contractor and Subcontractor will benefit fi•om the Work on the I'l ut?rrt ? PHUATA 34440991 \M\ - "C111 kl FOk. III consideration of the foregoing premises. the covenants and 121AHWHIN Contained in the Contracts. and intending to be legally bound hereby, the tiuhck1ntactor. 1"01. itself and its successors and assigns, does hereby covenant, stipulate, promise ;,nd a;^rce as follows: 1. That no lien or rigght to file a lien or claim against the Work, SUSSI's interest in Ow Pltlptr-I.. :urn improvements on the Property (collectively, the "Improvements") or the ,. ,I e estates, righ(s, titles or interests of the Owners (collectively, "Interests"), or any part j,r part, thereof shall accrue or exist in the Subcontractor; that no mechanics' lien or claim or ,n;ucri; lnun's lien or other lien or claim of any kind whatsoever shall be filed or maintained the Work- Property. Improvements or Interests or any part or parts thereof or the al?lun Ic n:unccs thereto. by or in the name of the Subcontractor for work done or for any labor, to,)!', .•,Itlipnnent. rn;ttcrials. 1up II-VISion or other services furnished by Subcontractor under the subcowract or any supplements or changes thereto, written or oral, for and about the Work, the Pr opert . the Improvements or the Interests or any parts thereof, or on credit thereof; nor shall all claim w- liahilitr for such labor or materials or work performed arise, exist or be filed against :ut? 01 tl,e 0WIM-s. their respective successors (including, successors in interest) or assigns by or ?n tln• u;une of Subiont-itet)r. ' "Chi. Waiver of Liens shall be an independent covenant which shall be binding on tint lcontr;,ctor, noN ithstandin« an\ breach or default under the Subcontract and shall operate u,d i,c , i'frctivr a . \? ell with respect to work done and materials and services furnished under ;um Dui l lcn,ental eonu•act for extra work in connection with the Work. It is the full intent of the Sul )colltr;tctor under this Waiver of Liens and the Subcontract, that the right to file a mechanic's lien m ether claim. under the provisions of Acts of Assembly in such cases made and provided, Im \wrl, done or materials furnished in and about the erection, construction, demolition or relmir, I- the Work. i? forever. absolutely and irrevocably hereby waived. In order to give the Owners full power and authority to protect themselves, and thk• ?? „?I,. the Properly. the Improvements and the interests against any and all claims filed by or in i',,• rl:Jn,e of IhC Subcontr-actor in violation of the foregoing covenants, the Subcontractor, for ?I! II, tlccessors :und assigns, hereby irrevocably authorizes and empowers any attorney of ;u,\ C"'111 oC C'onutton Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor, ,±t : n\ old-, Court ;,:, Worney for Subcontractor, and in his or its name, mark satisfied of record, at tlnc ,A and e\pcnse of the Subcontractor or in his or its name, any and all mechanics' liens (11' or nnaterialmcn's liens or claims or other liens or claims of any kind whatsoever filed kor ntaintainod agaiw t the Work. the Property, the Improvements or the Interests or any parts thrrcol or tl?e appurtenance, thereto, and for such act or acts this shall be good and sufficient \+,Irraut and authority and a reference to the Court and to the docket in which and where this i„"tru,n, nt shall 1,x, c been Idled shall be a sufficient exhibit of the authority herein contained to \? "u 1:111 ;,. h aeu,t„" and the Subc.?ntractor does hereby release all errors and defects whatsoever m 1:_* ,•,1u-, ? ol, an ' \ such satislaction or the exercise of the authority hereby conferred. In the c\Chl 11. .ut*\ l'ou. I of Connpetcnt jurisdiction shall determine that any provision of this Waiver of ; Ic'', k \oi<I (,r unenf0I_C •able in accordance with its terms, the Subcontractor expressly "on, ;111d :,,arc.-, that this \Vai\-er of Liens may be modified by said Court such that the ollcr?'.i,',, prm i.i"i, I,;.II be of no further force and effect, but the remainder of this Waiver of PHDATA 3444099 ? l.i.n '111d all )th"r t,rnr, cull conditions hereof, it any. shall continue to be binding on the "Iu11?0 u.;l0or <<i,il :.II I,tutie, claintin, in the name of oron behalf of the Subcontractor. I I Ill`) ,?';\1VhIZ OF LIENS, at the election of the Owners, may be filed in the CiI, ,<1 the Plotllon ,tarr of Cumberland County. Pennsylvania, pursuant to the provisions of 1l1, \I,%-hanic,. Lip I.:m. and the receipt for such filing will be delivered to the Owners. This .1.\(. ()i Lien, sllc•II be binding upon the Subcontractor, its successors and assigns, and anyone f11 iu i,lechunlc'? 11 .n or oilier claim in the name of or for or on behalf of the Subcontractor. IN 11 11 \I:' S WHEREOF, the Subcontractor has duly executed this Waiver of Liens 51?11?1at?,?i? By Sul', )ntractor as of the date first above written. B y: 14 C,s Title: PIt1M0,LPAL_ \\ 1'? \1 ''IS \;1,! 1i I\\ lcdIMirn•nt I I I I Con? _nt: By: . Title: I III t'\'I ?I;I:SIC'.I:D DI:Vl:l.O1'I:R AND CONTRACTOR, BY EXECUTION BELOW, :\('KNOWLE'D(4: AND CONSENT TO THE FOREGOING WAIVER OF LIENS S'l ll'L I . \ I IU\. ( anll)u. Ap"1111)Cnt ,. Inc. Fortune-Johnson, Inc. By: Title: A, ^'s BrQd e v s(Dtt st PPy PHDATA 34440991 Aj ('t)N1'RACTO',S' ACKNOWLEDGEMENT SS: ?Ck;ct,r-?l 1 IiLLORL II.. a. Nutai-N Public of the in the state of N? ? f'ctal 1tL. , In•r,k rnully aplu•:ur,I who acknowledged himself/herself to be the [ Drsx ?G'Iwt I Ilis_uuUh?nd that he/she, as such officer, being authorized to C\CCUtccl Ilk inarument for the purposes therein contained by signing the name tai "uCh cmPo atiInI Ih Ililnnscll/herselfas such officer. \\D I IF/S111 f UR fI II.R ACKNOWLEDGED THAT, as of this day of 1t.? 2011. no "t irk had he4,un upon the property of the Owners referred to in the foregoing III I1,111 c11 IhC .;t opus u( Shippensburg University of Pennsylvania, Shippensburg Township and lhil)pcnshurz HOFOugh. ('timberland County, Pennsylvania by the Subcontractor, nor has the Sub or11 •ir1or I)ru", rd,'d or Supt,lied any labor. materials or services in connection with the Work tq Gin tu kirthc hL.1wiit ofthc Property. 1\ f l N I - --- By: r*. r" af?., Cr?n?G.S Title: pCt.% ti\\ t>h\ TO \ND SI'RSCRII:iED before me thisr39 ay ofJ__?__( 2011. J 4`,UTALMMY ' WTAW troWl?'Ilbt? b?leMM?yMrb PUKC 0.11 AtY Conrnktion E?iret October l3, ?Dt? i1 n Notary Public My Commission Expires PHDATA 34440991