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IN TH1 COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH O F No: / 3 " 3& Y Z
PENNSYLVANIA DEPARTMEN O
GENERAL SERVICES; SHIP.PENSBURG WAIVER OF LIENS STIPULATION BY
UNIVERSITY OF PENNSYI..;V.ANIA. OF SUBCONTRACTOR.
`THE STA'T'E SYSTEM OF HIGHER.
EDUCATION, a body corporate and politic Code:
constituting a public corporation and
a
instrumentality under the .laws of the Filed on behalf of:
Commonwealth oI'Pennsylvania; and COMMONWEALTH OF
SI-FIPPENSBURC; UNIVERSITY PENNSYLVANIA DEPARTMENT OF
STUDENT SERVICES, INC.OR.PORA`I'ED, GENERAL SERVICES; SI- TIPPENS;BU G
a Pennsylvania nonprofit corpo ration, UNIVERSITY OF PENNSYLVANIA OF
Owners
THE STATE SYSTEM OF HIGHER
C)wners
Ois'fs. EDUCATION; and SHIP.PENSB[J:R.G
VS, UNIVERSITY STUDENT SERVICES,
INCORPORATED
OwnersiPlainti ffs
Subco ntractor
Defendant.
Counsel of Record for Shippensburg
CERTIFICATE OF LOC University of Pennsylvania of the State
Syste €n of I Iigber .Education.
I HEREBY CERTIFY that the location of
the Real Estate affected. by this lien waiver Jacqueline Morrow, Esq.
Pa. I.D. No. 37222
is:
2986 North Second Street
Harrisburg
PA 1.71 1.0 w
Campus of Shippensburg University of g, c r
Pennsylvania, Shippensburg Township and a Z; _
Shippensburg Borough, Pennsylvania =m
1.8301 C/) r— ;:0
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CIVIL DIVISION
Initial: "
Exhibit "K"
WAIVER OF LIENS STIPULATION BY SUBCONTRACTOR
.1`H.IS WAIVER OF :LIENS STIPULATION (this "Waiver of Liens ") is .made on 5- 16— L32011 by,
G .r"e t ti,,_ _7nq_ ... , a S __..._.... corporation,
P.O. Box 331 _ Camp Hill, PA {�iijjddress) (:hereinafter the "Subcontractor ").
_— 1 � tJ l l
W ITN ESSET (;I:
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 "Clivners ") is or will be a tenant and/or licensee of the Property;
WI- JEREAS, 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 Foil one- Johnson, Inc.(the "Prime Contractor ")
and the Developer (the "Prime Contract "), the Prime Contractor has agreed to supply Tabor, 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 1961, as the same has been and may be
amended fi•om tinge -to -time in the future (the "Mechanic's Lien Law "), shall have the meanings assigned to them in
tine 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 partt of, the Work (the "Subcontract" and together with the Prime Contract, collectively, the "Contracts ")_
and
WHEREAS, the Developer and /or tite Contractor has posted or will post a bond guaranteeing payment fbr
labor and materials provided by subcontractors (which term as defined in the Mechanic's Lien Lacw, 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.
NOW, THEREFOR, in consideration ofthe 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:
I. That no lien or right to file a. lien or elahn against the Work, SUSS.I'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 she'll be binding on Subcontractor,
notwithstanding any breach or default under the Subcontract and shall operate and be effective as well with respect
to work clone and materials and services furnished under any supplemental contract for extra work in connection
with the Work. It is the full intent of tine Subcontractor under this Waiver of Liens -,old the Subcontract, that the
Initial: I N
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' ,iah to -file o ,neclioniCs lien or ude, claim. under the provisions of Acts of Assembly in such cases made and '
provided, for work done or materials knoisbed in and about t cmcbun cnnotruu|ion, dmnoJNnn or repairs of tile
,
Wor iu forever, absolutely and irrevocably hereby waived,
/ 1 |n order to give the 0wmoo full power and authority to protect themselves, and 8le \Ymt, 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 uss{8ne' here irrevocably � aot6u6zosand *mpnwe�any a#ou � n
attorney CouofCommnoY|uavmftbcCommonwodd`o[pconoy|,xn|n to
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appear for Suhcmnnuom� in any such Court as Attorney f�, �obouo�amor, and in his its oxm� mark satisfied of
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rcumd
� matedatmcn`o liens ur claims or other liens ro claims nf any kind whatsoever filed or maintained aga tile Work.
the Property, the Improvements or theInterests or any parts thereof or the appurtenances thereto, and to]- such let or
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acts this shall be good and sufficient warrant and authority and a refer it) the Court and to the docke in `vllich
and ,"b,m this instrument ubo|i have been G|ud shall he o muf5oiou exhibit of the authority herein contained to
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warrant such action, and the Subcontractor does hereby release all errors and defects whatsoever io the entry ofany
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such satisfac or the exercise of the authority hereby conferred. In the cvom that any court of competent
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jurisdiction shall determine that any provision orthis Waiver of Liens is void or unenfor in accordance with
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its terms, the Subcontractor expressly consents and agrees <hmtbiy\xni"mro[LiooacuayhnmndiUndhymaidCouoz
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such that the offending provision shall kunfno further (brce,and effect, but the remainder of this Waiver o[Liens,
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and all ot terms and conditions hereof, if any, shall continue to be binding on the Subcontractor and all parties
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claiming in the name oforoo behalf of the Subcontractor.
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| 4. THIS YY&|VEK OF LIENS, at the election of the Opmrn, may be filed in the n[hoe of the
Prothonotary of Cumberland County, Pennsylvania,
. pursuant to the provisions of the Mechanic's Lien I..,aw., and tile
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receipt for such filing will be delivered to the Owners. This Waiver of Liens mbn|l be binding yon U thc
Subcontractor. its successors and assigns, and anyone fiUogo mechanic's lien or other claim in the name nfu, for o,
oil behalf of the Subcontractor.
IN VdTN830 WHEREOF, the Subcontractor has duty executed this Waiver of Liens Stipulation By
Subcontractor 000f the date first above written,
WITNESS: C uz tti I
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WITNESS:
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' By:
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' Acknowled and Conse
1 THE DEVELOPER AND CONTRACTOR BYE}O8CLyrl0l ACKNOWLEDGE
.
AND CONSENT T0TBE FOREGOING WAIVER OP LIENS 8TDnjLATK}N.
Campus Apartments, Inc. Fortune-Johnson |wu
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Title: Title:
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SUBCONTRACTORS' ACKNOWLEDGE MFINT
STATI", OF PA
SS:
COUNTY OF Cumberland
BEFORE ME, a Notary Public of the in the state of PA
personally appeared Gregory R. Hess, who
acknowledged himself7herself to be the
President of ' Inc., and that lie/she, as such officer, being authorized to
do so, executed the foregoing instrument for the purposes therein contained by signing the narne
of such corporation by himself7herself as such officer'.
AND 1JE/S11E FURTHER ACKNOWLEDGED THAT, as of this �5 day of
F.0 -1 201 �, no work had begun upon the property of the Owners referred"
instrument at the carnpus 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: Caretti, Inc.
-------- By:
Tit] Pr
....... . .......
SWORN TO AND SUBSCRIBED before me this 16 day of May 214 . 2013
�ry blic
My Commission Expir 4-26-16
MONWEALT QFP NSYLVANIA-
WARIALSEAL
I(IMSERUI A. Niir--YERS, NOWY Public
Harnpdon Cumbarlar'0 County
M commission Expires April 26,2016
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