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IN THE COURT OF COMMON FLEAS ern
OF CUMBEgLAND COUNTY, PENNSYLVANIA ~
COMMOI`f~NEAI~.TH OF CIVIL DIVISION ~Q
PENNSYLV ' DEPAR'T'MENT OF ~ L~ ~ ~
GENERAL SER GES; SHTPPENSBURG No: /off - 5(pQ')'
UNIVERSITY O !PENNSYLVANIA QF .a ~
THE STATE SY '~EIVI OF HIGHER WAIVER OF LIENS STTP'ULATION BY
EDUCATION, a body corporate and politic SUBCONTRACTOR
constituting a public corporation and
instrumentality ur~er the laws of the Code:
Cotnmcxtwealth df' Pennsylvania; and Filled on behalf of:
SHIPP`ffi+TSBUR 'L;fNIVERSITY
ST[JDENT SER CES, COMMONWEALTH OF
INCORPORA , a Pennsylvania PENNSYLVANIA DET'ARTMEiNT OF
nvnpmfit cvrpvra~ion, GENERAL SERVICES; SHTPPENSBURG
UNIVERSITY OF PENNSYLVANIA. OF
Plaintiffs, THE STATE SYSTEM OF HT?G~IER
EDUCATK?N; and SHIPPENSI~URG
vs. UNIVERSITY STUDENT SERVICES,
~ gl (r~ nvCORPORATED
subcontractor owners/Plaintiffs
Defendant.
CERTIFICATE Q~ LOCATION Counsel of Record for Shippensburg
University of Pennsylvania of the State
I HBRI?BY CERTIFY that the location of System of Higher Education:
the Real Estate ~fected by this lien waiver Jacqueline Morrow, Esq.
is: Pa. I.D. No. 37222
Campus of Sh~i~pensburg University of 298b Noath Second Street
Pennsylvania, Sl,~ppensburg Township and Hamsburg, PA 17110
Shippearsburg Bomough, Pennsylvania
18301
#aa.oo Pa c~
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WAVER OF LIENS STIPULATIQAi )gY
THIS W OF LIENS STIPULATIC)N this "Waiver of L"~ is made
8 -,2t~ 20 by, Soot ~eo+selle a ~ ~ ~ dcxporation,
J69o e • /?d, Sfe. r w?,~~.~. GA (address) (hereinafter the "Subooatnctok").
3oa~
WTTNFSSETH:
WHERF.A~, Shippensburg University of Pennsylvania of the State System of Higher
Edwcation rg") owns or, pursuant to an agreement with the Commclnwealth of
Pennsylvania ent of General Services ("DGS"), has occupancy, custody an$ control of
certain propertyl on Shippensburg's campus being partially located in both Shippensburg
Township and S '~pensburg Borough, Cumberland County, Pennsylvania, which is depicted on
Exhibit A (the " perty");
WHEREA~, Shippensburg University Student Services, Incorporated ("Srt.T3ST" and,
together with Shiensburg and DGS, the "Uwners") is ~ will be a tenant and/or licensee of the
rtY;
WHEI$, SUS,SI has entered into a development agreement relat~usg to the
development of tl~ Property with Campus Apartments, Inc. (the "Developer"); and
pursuant to a contract or contracts between Fortune-Johnson, Inc.(the
"Prime and the Developer (the "Prime C'outraet"), the Prime Contractor has
agreed to supply labor, materials and services and perform ceatain construction and demolition
work upon the rty (the "Work"). Terms used in this Waiver of Liens which ark defined in
the Pennsylvania ' echanic's Lien Law of 1963, as the same has been and may be ar~nded from
time-to-time in ~ future (the "M~haaic's Lien Law"), shall have the meanings 'assigned to
them in the Mech~janic's Lien Law unless at#ierwise defined in this Waiver of Liens;
V~JHERE~fi, 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 grtain work
which will be in~rrporated into, and form a part of, the Work (the "Subcontract" and together
with the Prime Contract, collectively, the "Contracts"); and
WHERE~.S, the Developer and/or the Contractor has posted or will post a band
guaranteeing paent for labor and materials provided by subcontractors (which term, as
defined in the echanic's Lien Law, includes, without limitation, sub-subcontractors) in
connection with tie Work; and
WHEItE~S, the Owners, Contractor and Subcontractor will benefit from the 1~Vark on the
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PfIDATA 3444099_1
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If
NOW, TI~ERFFOR, in consideration of the foregoing .premises, the covenants and
agreements contained in the Contracts, and intending to be legally bound hereby, the
Subcontracxor, for itself and its successors and assigns, does hereby covenant, stipulate, promise
and agree as follows:
1. Thfat no lien or right to file a lien. or claim against the Work, SUSSrs interest in
the Property, any improvements on the Property (collectively, the "Impro~") or the
respective estates' rights, titles or interests of the Owners (collectively, "Inter~'~, or any part
or parts thereof sll accrue or exist in the Subcontractor; that no mechanics' lien rx claim or
materialmen's lief or other lien or claim of any kind whatsoever shall be filed ar maintained
against the Workk, Property, Improvements or Interests or any part or parts the~+eof or the
appiutenances th~ueto, by yr in the name of the Subcontractor for work done or foie any labor,
tools, equipment,, materials, supervision or other services furnished by Subcontractor under the
Subcontract or at~y supplements or changes thereto, written or oral,. for and. about the Work, the
Property, the Im ~ ' vements 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 Own; their respective successors (including, successors in interest) or assigns by or
in the name of S bcontractor.
2. This Waiver of Liens shall be an independent covenant which shall. be binding on
Subcontractor, notwithstanding any breach. or fault under the Subcontract anti shall operate
and be effective ~s well with respect to work done and materials and services fvrrnished under
any supplemental contract for extra work in connection with the Work. It is the full intent of the
Subcontractor un~er this Waiver of Liens and the Subcontract, that the right to file a mechanic's
lien or other clailpn, under the provisions of Acts of Assembly in such cases made and provided,
for work done ~ materials furnished in and about the erection, construction, demolition or
repairs of the Work, is forever, absolutely and irrevocably hereby waived.
3. Inj order to give the Owners full power and authority to protect thertiselves, and
the Work, the ~ierty, the Improvements and the interests against any and all china's filed by or
in the name of Subcontractor in violation of the foregoing covenants, the Subcontractor, for
itself, its successoors and assigns, hereby irrevocably authorizes and empowers any attorney of
any Court of Co>pnlmon Pleas of the Commonwealth of Pennsylvania to appear for Subcontractor,
in any such Couas Attorney for Subcontractor, and in his or its name, mark satisfi~ci of record,
at the cost and pease of the Subcontractor or in his or its name, any and all mechanics' liens
or claims or mat{erialmen's liens or claims or other liens or claims of any kind whatsoever filed
or maintained a~8inst the Work, the Property, the Improvements or the Interests for any parts
thereof or the nances thereto, and for such act or acts this shall be good and sufficient
warrant and au rity and a reference to the Court and to the docket in which and where this
instrument shall Crave been filed shall be a sufficient exhibit of the authority herein contained tc>
warrant such ac, and the Subcontractor does hereby release all errors and defects whatsoever
in the entry of y such satisfaction or the exercise of the authority hereby confetreci. In the
event that any spurt of competent jurisdiction shall determine that any provision ofd this Waiver
of Liens is void or unenforceable in accordance with its terms, the Subcontractor expressly
consents and agpt~es that this Waiver of Liens may be modified by said Court sloth that the
offending prove ion shall be of no further force and effect, but the remainder of this Waiver of
PHDATA 3444099_1
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Liens, and all otl~r teams and conditions hereof, if any, shall continue to be binding an the
Subcantractor and all Mies claiming in the name of or on behalf of me Subcontractor.
4. THE WAIVER OF LIENS, at the election of the Owners, may be Filed in the
office of the *aotary of Cumberland County, Pennsylvania, pursuant to the provisions of
the Mechanic's ' ' Law, and the receipt for such filing will be delivered to the Owners. This
Waiver of Liens sl be binding upon the Subcontractor, its successors and assigns, and anyone
filing a mechanic' lien or other claim in the name of or for or on behalf Hof the Subconitractor.
IN ~ViTN~15S WHEREOF, the Subc~tractor has duly executed this Waiver of Liens
Stipulation By Su~ontractor as of the date first above written.
WITNESS: [ ~ ~ ~.*+~s , 1
_ By:
~ Title:
WITNESS: f 1
Title:
Aclmowledgemet#.t'end Consent:
THE UNDERSI~aNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW,
ACKNOWLEDGI~ AND CONSENT TO THE FOREGOING WAIVER OF LIENS
STIPULATION.
Campus Apartmeiats, Inc. Fortune-Johnson, Inc.
By: (!,~,r•~ C~ By:
Title: G~ i Title:
~'1ij~ L- ~~z ~
Swt(a ~'1M(~~
rots, Gh ohZ
PfIDATA 3444099_1
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SUBCONTRAC 1 V~tS' ACBIrttO
STATE OF C9~rg`~
SS:
COUNTY OF
BEFORE' ]luiE, a Notary Public of the in the state of ~
o„~y l1e who acknowledged himself/herself to be the
of ~ ?wand that he/sl~, as such officer, being authorized to
do so, executed foregoing instrument for the purposes therein contained by signing the name
of such corporati n by himselfllrerself as such officer.
y~.
AND HE~~HE FURTHER ACKNOWLEDGED THAT, as of this ~p day of
2013, nq .work had begun upon the property of the Owners. referred to in thle foregoing
instrument at the Qampus of Shippensburg University of Pennsylvania, Shippensburg Township
and Shippensbur Borough, Cumberland County, Pennsylvania by the Subcontractor, nor has the
Subcontractor voided or supplied any labor, materials or services in connection with the Work
or on or for the riefit of the Property.
By:
Title: ~s~ w
SWORN TO ANA SUBSCRIBED before me this ~o~~ day of ~f 2011G
~tw
'r~ Notary Public
o ; ~ My Commission Expires / -5-,2.o is
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PIiISATA 3444099_1