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HomeMy WebLinkAbout13-2945 L 'OF THE PROTHONOTPARY 29 :3 MAY 24 AM 9: 54 The Bishop of Harrisburg and His CU11BERLAN0T(TIFF, QOURT OF COMMON PLEAS Successors in Office, His Heirs and (aE�S�Lerland County, Pennsylvania Assigned in Trust for: The Roman Catholic Parish of St. Theresa of the Infant Jesus Owner - Plaintiff #/� V. STIPULATION AGAINST LIENS H. B. McClure Company Contractor - Defendant STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor or materials, known as H. B. McClure Company (the "Contractor') intending to be legally bound, and in consideration of the sum of ONE AND NO /100 DOLLARS ($1.00) to it in hand paid by THE ROMAN CATHOLIC PARISH OF ST. THERESA OF THE INFANT JESUS ( "Owner") the receipt whereof is hereby acknowledged, for itself and any subcontractors, materialmen, laborers or anyone else acting through or under it, covenants and agrees that no mechanics or materialmen's liens or claims shall be filed or maintained by it, them or any of them, against the property located at 1200 Bridge Street, New Cumberland, Pennsylvania, or against any buildings or other improvements thereon, including the building known as the St. Theresa of the Infant Jesus Parish (jointly and severally, the "Real Estate "), which is referenced in the cover page of the specifications for the construction project to be performed at the Real Estate (which is attached hereto and incorporated herein by reference as Exhibit "A "), for or on account of any work to be done or materials furnished under the principal contract between Owner and Contractor, dated April 10, 2013, or under any supplemental contract, verbal or written, or contract for extra work or materials relating to and work to be done or material furnished under said principal contract. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting or claiming through or under it, hereby waives and relinquishes all right to file a mechanic's lien, claim or notice of intention to file any lien or claim against the Real Estate. The undersigned, for itself, its subcontractors, materialmen, laborers and anyone else acting under or through it, hereby irrevocably authorizes and empowers any attorney of any court of competent jurisdiction of the Commonwealth of Pennsylvania, or elsewhere, to appear as attorney for it, them or any of them, in any such court and, in its or their name or names, mark satisfied of record at the cost and expense of the undersigned, any and all claims, liens, any pleading or instrument, or any amendment to any pleading or instrument previously filed by it or them, to incorporate therein as part of the record this waiver and for such act or acts this waiver shall be good and sufficient warrant and authority, and the undersigned for itself, and for them, does hereby remise, release and quit -claim all rights and all manner of errors, in filing such pleading, instrument or amendment, or in any way concerning them. a k %09,oc) C1c.� �� aal,at�3 Owner shall have the absolute right in their name(s) or in the name of the undersigned or any other entity or person who shall have filed a claim or lien, to cause any and all such claims or liens to be discharged by any other instrument, pleading or proceeding permitted at law or in equity. The undersigned hereby avers, represents and warrants that no work has commenced on the Real Estate and no labor or materials have been delivered to the Real Estate or furnished for the improvement of the Real Estate by the undersigned or by any subcontractor, materialman, laborer, or other person or entity, and that no authorization has yet been given by the Owner to the undersigned to commence work or purchase materials in connection with the Real Estate. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanic's Lien Law of 1963 of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the u has caused this instrument to be duly executed as of the moo' " day of , 20)3. WITNESS: CONTRA R: H. B. Clure Co pany By 0� � ANDR.ENf F. ���NOC`{�c�IZ Title: C50 EXHIBIT A 7 PARISH CENTER RENOVATIONS PHASE 1A ST. THERESA OF THE INFANT JESUS PARISH 1200 Bridge Street New Cumberland, Pennsylvania OWNER THE ROMAN CATHOLIC DIOCESE OF ,HARRISBURG 4800 Union Deposit Road Harrisburg, Pennsylvania SGS ARCHITECTS ENGINEERS, INC. One Tyler Court Carlisle, PA 17015