The URL can be used to link to this page

Home My WebLink About12-5696 1 3 ;"~t w ~ IN '1'I-IF.. COURT OF COMMON PLEAS ~~u,rn OF CUMBERLAND CUUN'TY, PENNSYLVANIA ~ z COMMQNWEALTI-1 OF CIVIL DIVISION C~ ~ ~ t"y 3 -y.- • PENNSYLVANIA $~EPARTMENI' OF GIiNERA1., SERV1~:fiS; SHIPPFNSBtJRG No: /oZ - 5'~t~/ MGM v~ ~ UNIVERSITY OF ~'~:NNSYI.VANIA OF THE STATE SYS'l'~M OF HIGHER WAIVER OF LIENS STIPULATION BY EDUCATION, a bo~d~y corporate and politic SUBCONTRACTOR constituting a public Corporation and Code: instrumentality under the laws of the Commonwealth of >p~nnsylvania; and Filed on behalf of: SHIPPENSBURG 1~JNIVERSITY STUDENT SEItVI~CS, CUMMONWF.A.I;I'II OF INCORPORATIsD~ a Pennsylvania PENNSYLVANIA DEPARTMF.N'T Ul~ nonprofit corporation, GENERAL SI;RVICFS; SHIPPENSBIJRG UNIVERSITY OF PENNSYLVANIA OF Owners THE STATE SYSTEM OF HIGHER Plaintiffs, EDUCATION; and SHIPFENSBURG vs. tJN1VERSI'TY S'1'IJDF.NT SERVICES, INCORPORA"TF,D Subcontractor Owners/Plaintiffs 1~efendant. CERTIFICATE OF Z,OCA'1'ION Counsel of Record for Shippensburg tniversity of Pennsylvania of the State I HEREBY CERTIhY that the location of System of 1Iigher Education: the Real Estate afi~eeicted by this lien waiver Jacqueline Morrow, lsq. is: Pa: LD. No. 37222 Campus of Ship ' nsburg University of 2986 North Second Street Pennsylvania, Shi ~ensburg 'Township and Harrisburg, PA 17110 Shippensburg orough, Pennsylvania 1$301 ~~~l.a~ Po CAS a~~rr. _ - . i WAIN"ER OF LIENS STIPULATION BY SUBCONTRACTOR THIS WAI?~;ER OF LIF..NS STIPiJI~t1TION (this "Waivcr of .Liens") is made on p 201 by, ~i~~~L~~ 1f~", a QCI~tnS~.~.~yllA. corporation, 2t~Zq IAG~DW ~~~~pyy![~,~(address) (hereinafter the "Subcontractor"). WITNESSETH: WkiF.REAS, Shippensburg University of Pennsylvania of the State System pf Higher Isducation ("Sl~ip(~epstiurg") owns or, pursuant to an agreement with the Commonwealth of Pennsylvania Department of General Services ("DGS"), has occupancy; custody and control of certain property located on Shippensburg's campus being partially locat~tl in iioth Shippensburg `Township and Sh nsburg Borough, Cumberland County, Pennsylvania, which is depicted on Exhibit A (the "Pr~pt~rty"); Wk1ERisA$, Shippensburg University Student Services, Incorporated ("SU65P' and, together with Shipp~nsburg and DGS, the "Owners") is or will be a tenant and/or licemsee of the Property; WHERF,A$, SUSSI has entered into a development agreement relating to the development of th~ Property with Campus Apartments, Inc. (the "Developer"); and WkIIsRI;A~, pursuant to a contract or contracts between Fortune-Johnson, Lnc.(the "Prime Contract~nr") and the Developer (the "Prime Contract"), the Priz~ie Contractor has agreed to supply labor, materials and services and perform certain contructi~in and demolition work upon the Property (the "Work"). Terms used in this Waiver of Liens which are defined in the Pennsylvania I~lechanic's Lien l,aw of 1963, as the same has been and, may be amended from time-to-time in th~ future (the "Mechanic's Lien Law"), shall have the meanings assigned to them in the Mechz~ric's Lien Law unless otherwise defined in this Waiver of Liens; WI-iEREA~, Subcontractor has entered or will enter into a contract to supply,or cause to be supplied labors materials and services and/or perform or cause to be perfoimed certain work which will be incprporated into, and form a part of, the Work (the "Subcontract" and together with the Prime Contract, collectively, the "Contracts"); and WHF,RF.A~S, the Developer and/or the Contractor has posted or .will post a bond guaranteeing payment for labor and materials provided by subcont-ctorxt {which term, as defined in the 1~+lechanic's Lien Law, includes, without limitation;, sub-subcontractors) in connection with the Work; and WkiERF.t'ti,S, the Owners, Contractor and Subcontractor will benefit froztt the Work on the Property. S rHpr+~~A ~uxw_i T_. , , ~ ~ t NOW, 'I'1'11liEFOR, in consideration of the foregoing premises, tl~e covenants and agreements contained in the Contracts, and intending to be lega;~ly bu?und hereby, the Subcontractor, for itself and its successors and assigns, does hereby cov~nant,.~.stipulat~, 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 "hnprovement~") or the respective estates, tights, titles or interests of the Owners (collectively, "lntcresfis,"), dr any part or parts thereof sh~til accrue or exist in the Subcontractor; that no mechanics' lien oIr claim or materialmen's lien yr 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 ~ubcontractorr under the Subcontract or any; supplements or changes thereto, written or oral, for,~nd a5~out the'Work, the Property, the Improvements or the Interests or any parts thereof, or oncredit thereofy nor shall any claim or liabili~~ 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 ac in the name of Subcontractor. , 2. 'i'his Waiver of Liens shat( be an independent covenant which s?rall be binding on Subcontractor, notwithstanding any breach or default under the Subcontract and shirt( operate and be effective as well with respect to work done and materials arad services furnished under any supplemental ~antract for extra work in connection with the Work. lt.is the full intent of the Subcontractor und~1- this Waiver of Liens and the Subcontract, that the right to file a rnnechanic'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, con~tructtAn, demolition or repairs of the Work, is forever, absolutely and irrevocably hereby waive; 3. In order to give the Owners full power and authority to protect themselves, and the Work, the Pro~rty, the Improvements and the Interests against any and all claims' filed by or in the name of th~ Subcontractor in violation of the foregoing covenants, the'Subcorttractor, for itself, its successors and assigns, hereby irrevocably authorizes and empowers any ,attorney of any Court of Cominnon Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor, in any such Courtlas Attorney for Subcontractor, .and in his or its name, mark satisfied of record, at the cost and e>~pense of the Subcontractor or in his or its name, any and all mech~nies' liens or claims or mate~ualmen's liens or claims or other liens or claims of any kind whatsoever filed or maintained ag~i~nst the Work, the Property, the Improvements or the. Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shal!`_be gpod and sufficient warrant and authority and a reference to the Court and to the docket t~r.whi~ch ands, where this instrument shall Nave been filed shall be a sufficient exhibit of the authiirity herein contained to warrant such action, and the Subcontractor does hereby release all errors.and defects Iwhatscever in the entry of arty such satisfaction or the exercise of the authority Hereby confer~'ed. In the event that any court of competent }urisdiction shall determine that any provision of this Waiver of Liens is void flr unenforceable in accordance with its terms, the. Subc;antractor expressly consents and agrees that this Waiver of Liens may be modified by said C,`ourt scich that the offending provision sha[I be of no further farce and effect, but the remainder of this Waiver of PHDA'rA 3444099_1 $I~., ~s i _ _ _ _ T- - _i - 6 ` Liens, and all other terms and conditions hereof, if any, shall continue to he 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 Proth~ttotary of Cumberland County, Pennsylvania, pursuant to the pmWisions of the Mechanic's Lien' Law, and the receipt for such filing will be de}ivered to the Owners. 'This Waiver of Liens sh~Il be binding upon the Subcontractor, its successors and assigns, ar#d anyone filing a mechanic's !lien or other claim in the name of or for or on behalf i~f the ~ubcont#actor. IN WITNESS WI-IEREOF, the Subcontractor has duly executed this, Waiver of Liens Stipulation By Subcontractor as of the date first above written. TNFSS: r ~ l By: Title• ITNESS: l_~t_ ) KJ gy. T' e• L knowledgement and Consent: THE UNDERSIGNED DI:VELOPF.R AND CONTRACTOR, BY EXECUTION'S BELOW, ACKNOWLEDGE AND CONSF,NT TO THF. FOREGOING WAIVER QF LIENS STIPULATION. Campus Apartments, Inc. Fortune-Johnson, Inc. V B By: ~`'~'~v'7j`~N'% y~ /''z-G Title: ~ /L "1'itle• ~7/ YyZ yl~ sit` ~ ~c PHAATA 34M099_I