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MEMBERS 1 ST FEDERAL CREDIT
UNION, Owner
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
v.
W. S. Miller & Sons, Inc., Contractor
STIPULATION AGAINST LIENS
The undersigned contractor, materialman, or other entity or person furnishing
services, labor, or materials, known as W. S. Miller & Sons, Inc., a Pennsylvania
corporation (the "Contractor"), intending to be legally bound and in consideration of the
sum of ONE AND NO/lOO DOLLARS ($1.00) to it in hand paid by Members 1st Federal
Credit Union ("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 mechanic's or materialmen's liens or claims shall be filed or
maintained by it, them, or any of them, against real estate, or against any buildings or
other improvements thereon (jointly and severally, the "Real Estate"), for or on account
of any work to be done or materials furnished under the principal contract between
Owner and Contractor for the construction of the renovations for the new branch facility
located at 3512 Market Street, Camp Hill, Pennsylvania, 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 claim 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 or acts, this waive shall be good and sufficient
warrant and authority, and the undersigned for itself, 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.
Owners shall have the absolute right in its name 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 Dauphin County
Prothonotary in accordance with the requirements of the Mechanic's Lien Law of 1963, of
the Commonwealth of Pennsylvania.
IN WIlNESS WHEREOF, the undersigned has caused this instrument to be fully
executed as of the 27th day of September, 2005.
ATTEST:
CONTRACTOR:
By~.(~~{l
. sel, Presiden
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