HomeMy WebLinkAbout12-4295IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES; SHIPPENSBURG
UNIVERSITY OF PENNSYLVANIA OF
THE STATE SYSTEM OF HIGHER
EDUCATION, a body corporate and politic
constituting a public corporation and
instrumentality under the laws of the
Commonwealth of Pennsylvania; and
SHIPPENSBURG UNIVERSITY
STUDENT SERVICES,
INCORPORATED, a Pennsylvania
nonprofit corporation,
Owners
Plaintiffs,
vs.
?4
Subcontractor
Defendant.
CERTIFICATE OF LOCATION
I HEREBY CERTIFY that the location of
the Real Estate affected by this lien waiver
is:
Campus of Shippensburg University of
Pennsylvania, Shippensburg Township and
Shippensburg Borough, Pennsylvania
18301
CIVIL DIVISION
No: A- K94/15
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WAIVER OF LIl-NS 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
Owners/Plaintiffs
Counsel of Record for
University of Pennsylvania
System of Higher Education:
Jacqueline Morrow, Esq.
Pa. I.D. No. 37222,
2986 North Second Street
Harrisburg, PA 17110
I
Shippensburg
of the State
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WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR
THIS WAIVED qF STIPULATION (this "Waiver of Liens") is made
o ern a o
on 6/18 by, R eer n5 I>ac a Pennsylvania corporation,
75 N. Hass W Topton, PA 19562 (address) (hereinafter the "Subcontractor").
WITNESSETH:
WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher
Education ("Shippensburg") owns or, pursuant to an agreement with the Commonwealth of
Pennsylvania Department of General Services ("DGS"), has occupancy, custody and control of
certain property located on Shippensburg's campus being partially located in both Shippensburg
Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on
Exhibit 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
Property;
WHEREAS, SUSSI has entered into a development agreement relating to the
development of the Property with Campus Apartments, Inc. (the "Developer"); and
WHEREAS, pursuant to a contract or contracts between Fortune-Johnson, fnc.(the
"Prime Contractor") and the Developer (the "Prime Contract"), the Prime Contractor has
agreed to supply labor, materials and services and perform certain construction and demolition
work 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
time-to-time in the future (the "Mechanic's Lien Law"), shall have the meanings assigned to
them 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
be supplied labor, materials and services and/or perform or cause to be performed certain work
which will be incorporated into, and form a part of, the Work (the "Subcontract" and together
with 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
defined in the Mechanic's Lien Law, includes, without limitation, sub-subcontractors) in
connection with the Work; and
WHEREAS, the Owners, Contractor and Subcontractor will benefit from the Work on the
Property.
PHDATA 34440491
NOW, THEREFOR, in consideration of the foregoing premises, the covenants and
agreements contained in the Contracts, and intending to be legally bound hereby, the
Subcontractor, for itself and its successors and assigns, does hereby covenant, stipulate, promise
and agree as follows:
1. That no lien or right to file a lien or claim against the Work, SUSSI's interest in
the Property, any improvements on the Property (collectively, the "Improvements") or the
respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part
or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lien or claim or
materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained
against the Work, Property, Improvements or Interests or any part or parts thereof or the
appurtenances thereto, by or in the name of the Subcontractor for work done or for any labor,
tools, equipment, materials, supervision or other services furnished by Subcontractor under the
Subcontract or any supplements or changes thereto, written or oral, for and about the Work, the
Property, the Improvements or the Interests or any parts thereof, or on credit thereof, nor shall
any claim or liability for such labor or materials or work performed arise, exist or be filed against
any of the Owners, their respective successors (including, successors in interest) or assigns by or
in the name of Subcontractor.
2. This Waiver of Liens shall be an independent covenant which shall he binding on
Subcontractor, notwithstanding any breach or default under the Subcontract and shall operate
and be effective as well with respect to work done and materials and services furnished under
any supplemental contract for extra work in connection with the Work. It is the full intent of the
Subcontractor under this Waiver of Liens and the Subcontract, that the right to file a mechanic's
Lien or other claim, under the provisions of Acts of Assembly in such cases made and provided,
for work done or materials furnished in and about the erection, construction, demolition or
repairs of the Work, is forever, absolutely and irrevocably hereby waived.
3. In order to give the Owners full power and authority to protect themselves, and
the Work, the Property, the Improvements and the Interests against any and all claims filed by or
in the name of the Subcontractor in violation of the foregoing covenants, the Subcontractor, for
itself, its successors and assigns, hereby irrevocably authorizes and empowers any attorney of
any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor,
in any such Court as Attorney for Subcontractor, and in his or its name, mark satisfied of record,
at the cost and expense of the Subcontractor or in his or its name, any and all mechanics' Liens
or claims or materialmen's liens or claims or other liens or claims of any kind whatsoever filed
or maintained against the Work, the Property, the Improvements or the Interests or any parts
thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficient
warrant and authority and a reference to the Court and to the docket in which and where this
instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to
warrant such action, and the Subcontractor does hereby release all errors and defects whatsoever
in the entry of any such satisfaction or the exercise of the authority hereby conferred. In the
event that any court of competent jurisdiction shall determine that any provision of this Waiver
of Liens is void or unenforceable in accordance with its terms, the Subcontractor expressly
consents and agrees that this Waiver of Liens may be modified by said Court such that the
offending provision shall be of no further force and effect, but the remainder of this Waiver of
PHDATA 34440991
Liens, and all other terms and conditions hereof, if any, shall continue to be binding on the
Subcontractor and all parties claiming in the name of or on behalf of the Subcontractor.
4. THIS WAIVER OF LIENS, at the election of the Owners, may be filed in the
office of the Prothonotary of Cumberland County, Pennsylvania, pursuant to the provisions of
the Mechanic's Lien Law, and the receipt for such filing will be delivered to the Owners. This
Waiver of Liens shall be binding upon the Subcontractor, its successors and assigns, and anyone
filing a mechanic's lien or other claim in the name of or for or on behalf of the Subcontractor.
IN WITNESS WHEREOF, the Subcontractor has duly executed this Waiver of Liens
Stipulation By Subcontractor as of the date first above written.
WITNESS:
l
[Modernfold of Reading,. Inc.]
By: ---
Title: President
WITNESS:
Acknowledgement and Consent:
By: _
Title:
THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW,
ACKNOWLEDGE AND CONSENT TO THE FOREGOING WAIVER OF LIENS
STIPULATION.
Campus Apartments, Inc.
14 /0011
By: L,/
Title: S
Fortune-Johnson, Inc.
By:
Title.: P-tej ? Am'otryov- _
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FHDArA 3444099_1
SUBCONTRACTORS' ACKNOWLEDGEMENT
STATE OF Pennsylvania
SS:
COUNTY OF Berks
BEFORE ME, a Notary Public of the Owea? h in the state of Penn-,an; g
personally appeared Ronald M. Natt emsho acknowledged himself/kumif to be the
President ofM?°,oea-f„° T°. , and that he ht, as such officer, being authorized to
do so, executed the foregoing instrument for the purposes therein contained by signing the name
of such corporation by himself/herself as such officer.
AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this 18th _ day of
June_, no work had begun upon the property of the Owners referred to in the foregoing
instrumenVithe campus of Shippensburg University of Pennsylvania, Shippensburg Township
and Shippensburg Borough, Cumberland County, Pennsylvania by the Subcontractor, nor has the
Subcontractor provided or supplied any labor, materials or services in connection with the Work
or on or for the benefit of the Property.
WITNESS:
[Modernfold of Reading.1ne. ]
By: 1 ----
Title: President
SWORN TO AND SUBSCRIBED before me this 18th day of June-, 01A.
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Notary p4llic
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PHDATA 3444099_1