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IN' TIM COtWT OF COMMON PLEAS
OF CI. NBERLAND COtJWY, PENNSYLVA'
NIA
C21
COMMONWEALTH OF CIVIL DIVISION
PENNSYLVANK DEPARTMENT (>F
(HiNERAL SERVICES; sT.jlPpENsBURG No:
UNJN , T-Rsrry OF PENNSYLVANIA OF
THE STATE SYSTEM OF HIGHER WA-rVUR OF LIENS STIPUJATXYR 4)Y,."
EDUCATION, a body corporate and politic SUBCONTRACTOR
constituting a public corporation and
instrumentality under the law$ Qf th Code:
Commonwealth of Pennsylvania; and
SHMPENSBURG IJMVF ,RSITY
Fided 01A behalf of,
STUDENT SERVICES, COMMONWEALTH OF
INCORPORATED, a Penusylvw1ja PENNSYLVANIA DEPARTMENT OF
nouprofit corprWatiol'i, GENERAL SERVX)ES, SHIPPENSBURG
Owners UNIVERSITY OFPr- OF
Plaintiffs, THE STATE SYSTEM OF HWHER,
VS. EDUCATION; and sH.T
. PpENSBt.rItCl.
UNIVERSrj'YS,TU,DENT SERVICES,
INCORPORATED
Subcontractor Owners/Plaintiffs
Defendant.
Q=- ICATE, OF LOCATION 001103el of Record for or Shippensbur8
University Of Pennsylvania of the State
T FIEREBY CERTIFY that the l oca ti on o f System of lifebor Education-
the Real Estate affected by this 600 waiver
is: Jdoqttahloe.Mbrrow, Esq.
Pa. I.D. No. 37222
Campus of Shippewburg Universit o f 2986 North. S econ d St
Penna.vivania, Shippedisburg Townsbip and Harrisburg, PA 171.1,0
Shippensburg Borough, Pcomylvania
18301
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Exhibit "K"
dill LIE S S 1 PULA I TION BY KQC T C OR
THIS WAIVER OF LIENS STIPULATION (tiais "'Waiver of Liens is made
201j by a ,. .r.P r r j �r t�ottra.tiaa,
(address) (hereutaft r the " Subcontractor " ),
WITNESSETH:
WHEREAS, Shippensburg TJni of Pennsylvania of the State System of :I - ligher
Education ("Shippensburg") owns or, pursuant to an Wgreement with the Commonwealth of
Pennsylvania Department of General, jevi.ces (`•DGS "), has oecupatt.oy, custody and control of
certain ptc►peaty located. on Shippensbrug'w campus being partially 10oat'ed in both Shippensburrg
Township and Shippousbaarg Borough, Cumberland, County, Pennsylvania, which is depicted on
Exhibit A (the ".property");
WHEREAS, Shippansburg University S 1.1id4ont 'Sgmices, Fncorporatod ("SUSSI" and,
tc >gether, with Shippensburg and bcAS,, the "8wnets") is or wit]. be at tenant and/or li.censec; of the
Property;
WfiURESAS, SUSSI has eatemd .Into a development app oment relating to the
development of the Pr'operf y with Campus Aparltxmettts, Inc. (the "Developer "); and
VnMREAS, punt, to 3 contract or contracts between Fortune- Johngon; Inc.(the
me Contractor') and the Developer (tire °`)P'rime Contract°, the me Con.traruox has
agmed to supply labor, materials mud saes and perform certain Con, trtrction and demolition wor upon fire Property (the "Work"), Terms used in this 'W'aiver of Liens which 4w defined in
tile Pennsylvania Mechanic's Lien. Law of 1.963, as the same has been and may be amended. from.
time-to-time in the future (tile `Mechanic's Lien Law'), shall have the meanings assigned to
them in the Mechanic's Lien Law Micas otherwise defined in this Waavcr of Liens;
ViMn, AS, Subcontractor has entered, or will outer into a contract ixn supply or cause to
be saapplied labor, materials mid services and/or perironn. or Qtuse to be performed certain work
Which will be incorporated into, and form a part of, the Work (tine `,Subcontraef' and tog'd(.laer
with the Prime Contract, collectively, the'Vontracts'�; and
WHEREAS, the Developer and/or the Contractor has posted or will post a. bored
guaranteeing prayujobt fcr. labor and materials provided, by subcontractors (which teran, as
defined in the Mechanic's Lien Law, includes, without iixtti.ttatian, sub ~subcontracic�t•�o) in
cMneetiotr with the Work; and
WBEREAS, the OwateM Contractor and Subcontractor will benefit from the Work on the
Pmperty.
PJ..IDATA 34440991
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NOW, THEREFOR. in consideration Of the foregQing Premises, the covenants alad
agreme3nts containod in the Contracts, and iutendb g to be legally bound hereby,, tlae
5ubcgtatMet0t for itself and its successors and assigns, does hereby covenant, stipulate, promise
and agree as fdllows:
1. That no Lieu or right to file alien or claim against the Work, SUSSI's . interest i
the property, any ituprovements on the .Property (collectively, the "Improves kenw or the
respective estaw, lights, titles or interests of the Owners ( collectively, "Interests "), or auy part
or parts thereof shall accrue or exist in the Subcontractor; that no mechanics' lion or claim or
materialmen's lie31 or other iiett, or claim of any kind wb,atsoever $ball be filed or maintained
agai"at the Work, property, irxrprovement3 or Interests of any pal, 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 tb.e
.Subcontract or any st"lemextta or changes thereto, writtext or oral, for and about the Work, the
Property, the Improvements or the Intorests or any ports thereof, or on credit thereof; nor shall
any claim or liability for such Inbor or mattoa.ls or work performed arise, exist or be filed agahAst
anY of the Owners, their respective successorw (including, suc(Vssors in interest) or agtligus by or
in the name of Subcombictor..
21 Tbis Waiver of Liens 811111 be, an independent covenant which shall be binding on
Subcontractor, notwithstanding any breach or default under the Subcontract and shall operate
and be effective as well with respoct to work done and materials and services furnished under
any supplemental contract for extra work .in c- onnection with the Work. It, is the fill intent of the
Subcontractor under this Waiver of Liens and the Subcontract, that the right to file a mechanic's
lion or other claim, under the provisions of Am of Assembly in such cases made and provided,
for work done or maWtial.s fumt81xed in and ab nit the erection, constructieatt,, demolition. or
repairs of the Work, is forever, absolutely and .irrevocably hereby waived.
3. In order to give the Owners full power and authority to protect themselves, and
the Work, the Property, the Improvet ?outs and the Interests against any and all cl.ai.m.s fled by or
in the name of the Subcontrae;,tor i violatir►t1 of the .foregoing covenatti,t' the Subpor►tractor, for
itself, its successors and assigns, hereby irrevocably authorizes and 41111)owers any attorn.ey of
any Court of Common Pleas of they Cormrmonwealth. of Pennsylvania to appear for Subcontractor,
in an.y such Court as Attorney for Subcontractor, and in leis or its name, mark satisfied of record,
at the cost and expense of the Subcontractor or in his or its na"30, any and. all mechanics' lions
or claims or rrtateri.alxme en's lien+ or claims or other liens or claims of any kind wb.atsoever filed
or Maintained against the Work, th Property, the Improvements or the Interests or any pates
thereof or the appurtenances thereto, and for such act or acts this shall be good and sufficieatt
warrant and sutburity and a re=ference to the Court a».d to the docket in wb.ieh mid where this
inat:rlrtnent shall have been filed shall be a auf icient exhibit of the authority herein cou
ta
i,ned to
watxatrt such action, and the Subcontractor does hereby release all orrors and detects whatsoever
in the entry of any such satisfa or the exercise of t authority b.ereby conferred.. In the
Ovdnt that any court of cotmpetent,jurisdictioit shall determine that any pr'ov'ision of this Waiver
Of Liens is void or unenforceable in a,ccordanwa with its terins, the Subcontractor expressly
consents and agrees that this Waiver of Liens may be modified by said Court such that (he
Offesa .ding provision shall be of no further forgo and effect, bUt the remainder of this Waiver of
PI-IDATA 34440991
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Liens, and all other terms and conditions hereof, if any, Slim]) continue to be binding ova. the
Subcontractor and all. parties claiming in the.n.ame of or oti. behalf of the Subcontractor,
4, TMS WAIVER OF LIENS, at the election of the Owners, may be Mod in the
office of the R othonotat'y of Cumberland County, Pennsylvaoj.a, patsuantt to the provisions of
the Meelumic's Lien .Law, said the receipt for such lilin.g will be delivered to the O'woers. This
Waiver of Liens shall be binding Upon the Subcontractor, its Successors and assigns, and anyone Y '
fIR09 a, Mechanic's lien or other claim in the rtatne of or for or ort behalf of the Subcontractor.
TN WI'T'NESS WHEREOF, the Subcontractor has duly oxecuted this Waiver of Liens
Stipulation By Subcontractor us of the date first above written.
WITNES
Title:
WITNESS: 1t .
By:
�, _ -
Title:
Acknowledgement and Consent:
THE UNDERSIGNED DEVELOPER AND CONTRACTOR, BY EXECUTION BELOW,
ACKNOW'LRDOM AND CONSENT TO THE FOREGOING WAIVER OF LIENS
STIPULATION.
Campus Apartments, Me. Fort use~ -Johnson, Inn,
T itle: - -- -� Title: 20 T_ �AGC2
FT•T]lATA 3444099_1
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STATE OF
SS:
COUNTY O:E C� ,hc.r \czr ticA
BEF ORE ME, a, Notary Public of thrl'���j���i"tl-le state of ,
personally appeared who acknowledged himself/herself to be the
01 -. -oft wqwq"A�: ccA ax1d that he/she, as such oFfi.cer, being authorized to
do so, executed the forcgoi<ng in.sttuAA exxt for the purposes therein contained by signing the name
of $U6 corporation by himse lf/hersetf as such officer,
AND HF,/; i�J:: f`UftTf-IER AC.KNOWLEUGED THAT, as of this ( clay of
�.�, 20f3, no work had begun upan the property
of thO Owners refotred to in fhe folrogoing
y,I�strument at the campus of Shippensbut U iwersiLy of Pennsylvania, Shippenslnug Township
axxd 5luppetlsbueg Borough, G'ambe>�and Cbtutaty, k�ennsylvania by the Subcontractor, uor has the
Subcantracbrnr provided or p al.s or services is connecti with the Work
or on or for the ben.efxt of the Propetty.
"'MESS: Type Subcontractor N ame here
_
a k'MMa� „y:
Title:
SWORN TO ANT) SUBSCRIBED before me this 9_ day ofM 201,4,
Notary Public
My Commission Expires 4 i %, i
wrww
NOrTARIZ MA
SHERRY A OLIVE
Notary Pubfk
GREENE W, FRANKLIN COUNTY
My Commission Expires Apt 19.2018
1 BATA 3444499_1
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