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IN 'THE COURT OF COMMON PLEAS ~
OF CUMBERLAND COUNTY, PENNSYLVANIA r ~
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COMl~U1;tWEAL'I1H OF CIVIL DIVISION 3
PENNSYLVANIA EPARTMENT OF ~
Gi~?I+IERAL SERVI ; SHIppENSBUR(} No: /,Z -56098 -e
UNIVERSITY OF SYLVANIA OF
THE STATE SYS OF HIGHER WAIVER Q'F LIENS STII~[T[,ATION BY
EDUCATION, a y corporate and politic SUBCONTRACTOR
constituting a publi corporation and Code:
ins~ality the laws of the
Common of ylvania; and Filed on behalf of:
S~N3BURG STIY
STUDENT SERVI CaMMONWEALTH OF
INCORPORA?.TED~ a Pennsylvania PENNSYLVANIA DEPART OF
nonprofit corporation, GENBRAL SERVICES; S BURG
UNIVERSITY OF PENNS~~ANIA OF
Owners STA'TB SYSTBM OF
Plaintiffs, EDUCATION; and S URG
vs. UNTVEitSTTY STUDENT SE'~tViCES,
~ „ap~ ~O. ~,t,e INCORPORATED
Subcontractor Owners/Plaintiffs
Defendant.
CFd, ICATB ~ ~,OCATION Counsel of Record for Shippensburg
University of Pennsylvania ' of the State
I ItEBY CER that the location of System of Higher Education:
the Real Fatat+c a~ ~ by this lien waiver
Jacqueline Morrow, Esq.
1S~ Pa. I.D. No. 37222
Campus of S ' burg University of 298b North Stcond Street
Fennaylvania, S' ' sburg Township and Harrisburg, PA 17110
Shippensburg ugh, Pennsylvania
18301
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ON L~11tS STIPUT~TIb11J BY StiQCONTRACZY1?1ir
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'~",EILS WER OF LIENS STIF'ULATIQN (this "Waives of Idens"} is made
on_~L"'~~241~, thy, ` a „~',~~,~,,~,,,,s,?,~ ctmporaaun,
taddress} Qieu,einaftex the "S"ki
WITNESSETH: I
WHEREAS, S University of Pennsylvania of the State Sync of Higher
Edac~rtion ( owns or, pursuant to an agreement with the Cornmtmwealth of
Par~ylvania of Cameral Services {"IDGS"), has aanpancy, custody and coah+ol of
c pr+aperty 1 on Shippensburg's campus being partially located in both S • burg 1,
Townslrip and Sltippast Borough, Cumberland County, Pennsylvania, which is ~ on
Exhibit A (the `9hwPei~");
I
WHEREAS, S ' University Student Services, lncorporaxed {"~JSI' and, ~
toga witi? Shippeiss attid DGS. the is or will be a tenant and/or licenade of the
E
may;
WHEREAS, 1 has entered into a deve~ ~t relating to the i
development of the Pr~~~q`y with Campus Apardnents, h~c• {the "Ll~v~r"), and
WHEREAS, pars... t to a contract or ooatracts FordmB-iot~an, .{the j
"Prime Caa~iax~r") ?,the Developer {the "fie Ca~hraMet"}, the Prime Cvnrpr has 1
agnoed to apply labor, ~ s aixl services and perform certain cvnstruc~ion and won
work upon the Property ( "Work"}. Terms used in this Waiver of Liens which are ~ in
the Pennsylvania M~hani ' Lute Law of 1963, as the same has been and may be a~~ from '
time-to-time in tlui future +l~e "Mle's Lieat Lww"}, shall have the rneaningg asaig~ed to
tl~t? in the Mechanic's ';Law unless o~erwise defined in this Waiver of Liens;
WHf.~AS, S ' has entered or will enter into a contract w supply or cazlse to
be supplied labor, materials services and/or petf+arm or cause to be pafornuad cx~rtain work
which will be vicarporatod Ito, and forma .part of, the Work (the "Saltrset" and der
with the Prime Contract, eo , ' •vely, the "tits"}; and
VVHEREA?S, the De ; ~ per and/or dte Condor bas posted or will post a bond ~
guaranteeing payment for and materials provided by sabc~c~ractors (which term, as 1,
defined in the liViechanc"s ~'~.ien Law, includes, without limitation, sub-subcontractocs~ in
connecxion with the Work; an~1'
VYpll~l&tEAS, the Qwn~r~, C~tractor and subcontractor wdl benefit from the work on the
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PHDATA 3~4~199.j.1
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NOW, T`I~REFQR, in considezation of the foregoing premises, the covenants and
agroements contained in the Contracts, and intending to be legally bound'... hereby, the
Subcontractor, far itself and its successors and assigns, does hereby covenant, stiptAlaae, promise
and agree as follows:
1. That' no lien or right to file a lien or claim against the Work, SUSS~I's interest in
the Property, any Improvements on the PropaRy (collectively, the "Inapsro or the
respective estates, rights, titles or interests of the Owners (collectively, "I'!~, ar any part
or paw thereof shtlX accrue or exist in the Subcontractor; that nD mechanics' fi~ or claim or
n~n~'s lien or other lien or claim of any kind whatsoever shall be filed pr maintained
against the Work, ~tnrperty, Imprrovements or Literests or any part or pests t~caaeof or the
mpputtamsn~ces ther~o, by or in the name of the Subcontractor far work dome or for any labor,
tools, equipment, dials, supervision or other services furnished by Subcxxtttra~tor under the
Subcontract or anyl~upplements or changes thereto, written or oral, for and about Ithe Work, the
Property, 13te Imprs~~?ements or the Interests or any parts thereof, or on credit thereof; nor shall
any claim or liabil~ for such labor or materials or work performed arise, exit cx lie filed agaiatst
any of the Owners,l their respective successors {inching, successors in interest} or assigns by or
in the name of Subcontractor.
2. This 'Waiver of Liens shall be an indepe:ident covenant which shall) be binding on
Subcontra+ctar, notpvithstanding any breach or default under the Subcontracx and shad e
and be effective as well with respect to work done and materials and services furnished wader
any snpplcmental cpontract for extra work in connection with du Work. It is the full intent of the
Subcontractor unde# this Waiver of Liens and the Subcomtract, that the right to file a mechanic's
lien or other claims utnier the provisions of Acts of Assembly in such cases tnadd and provided,
for work done orl materials furnished in and about the eitction, construction, demolition or
repairs of the Wove, is forever, absolutely and irrevocably hereby waived.
3. In ceder to give the Owners full power and authority to protect tlselves, and
the Work, the Pity, the Improvements and the Inter+~ts against any and all claims fill by or
in the name of 1SubcontracWr in violapon of the foregoing covenants, the Suibcx~noractor for
itself, its successe~rg and assigns, hereby irrevocably authorizes and empowers ~y attorney of
any Caurt of Corson Pleas of the Commonwealth of Pennsylvania to apperar foci Subcontractor,
in any such Court~rs Attorney for Subcontractor, and in his ar its name, mark sat~ftrrd of record,
at the cost aad a use of the Subcontractor or in his or its name, any and all tt~echanics' liens
or claims or 'ahnen's liens or claims or other liens ar claims of any land Whatsoever filed
or maintained ag ' the Work, the Property, the Improvements or the I~erea~ts or any parts
thereof or the. auras thereto, and for such act or acts tfis shall be good and sufficient
warrant and an 'ty and a reference to the Court and to the docket in which',and where this
instrument shall slue been filed shall be a sufficient exhibit of the authority herein contained to
warrant such sell fit, and the Subcontractor does hereby release all errors and defects whatsoever
in the entry of ar~~+ such satisfaction or the exercise of the authority hereby conferred. In the
event that any coiut of competent jurisdiction shall determine that any provision of this Waiver
of Cleats is void yr unenforceable in accordance with its terms, the Subcantor expressly
consarts and des that this Waiver of Liens may be modified by said Cauct such that the
offending provisi ' shall be of no further force and effect, but the remainder of this Waiver of
I'HDATA 3444094_1
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Lama, and all oth®r terms and conditions hereof, if army, shall ooa~timu to be binaiing on the
Suboontraator anti ail panties claiming in .the Hanle of or on behalf of the SulxxHrtrsctor.
4. THAS WAVER OF LIENS, at the election of the Owners, may be filed in the
offux asf the , otary of Cumbet~and County, Pennsylvania, pursuant to the provisions of
the ihamc's Li Law, and the receipt for such filing will be delivered to die (Owners. This
Waiver of Lima till be binding upon the Subco~, its auccesaors and aan ~ ,and anyone
filing a mechaenic' liar or other claim in the name of or far or on behalf of the Sn
IN ~VL~[7~ V!VHELtEOF, the Subcontractor has airily executed this Wiaiv~er of Liens
Stipulation By S ttacyor as of the date first above written.
By:
Title. wr'
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sy:
Title: r•
Ackcwwledgement and Consent:
THE UNDERSI DEVELOPER AND CONTRACTOR, BY BXECLTI~ON BELOW,
ACID AND CONSENT' TO THE PORBGOTNG WANED OF LIENS
STIE~'ULATION.
Campus A ,Inc. Fortune-Jvhnon, Tnc.
P~.
B ~ _ B s~ - ~ ~l ~O~T~c
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y:
Tide: Title: 57«l~fL
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PHpATA 3441099_1
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~UBCONTRAGTORS' AC
STATE OF T,~GK~'~ IYCc.~I.oC.
` SS:
COUNTY OF ~(~1~'"K-~
~GGI~I
BEFORE of the Y 5 the state of 11~i'G~r
f
who acknowledged hmselfiH~eradf eo the
~ f+'' and that heJ~ehe, as such officer, being', authorized to
do so, exectrted the foregoing instrument for the parposes therein contained by sighing the name
of such corporation tsy himself/herself as such officer.
AND HE/9~E FURTHER ACKNOWLEDGED THAT, as of this day of
2~2 no v~!ark had begun upon the property of the t)wnaa referred to in ~ the foregoiing
insavment at the c of Shippea~sburg University of Pannsylvania, Shippensb~g Township
and Shippensburg ugh, Cumberland County, Pennsylvania by the Subcontractor, nor has fire
Subcontractar pro reed or supplied any labor, materials or services in won vrith the Work
or on or for the fit of the Property.
wTI`NESS: 5....1 ~ _ l
sy: _
Title: r+ac-
SWORN TQ AND I SUBSCRIBED before me this ~ day of 20t 2
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Notary Public p~ ~`~l
M Commission Ex
'PFlDATA 3441099_1