Loading...
HomeMy WebLinkAbout02-2052STIPULATION AGAINST LIENS The undersigned contractor, materialman or other entity or person furnishing services, labor, equipment or materials, known as CONEWAGO ENTERPRISES, INC., a Pennsylvania corporation (the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND NO/100 DOLLARS ($1.00) and other, good and valuable consideration to it in hand paid by St. John's Lutheran Church~Shiremanstown, Pennsylvania, 44 Main Street, Shiremanstown, PA 17011, hereinafter referred to as the "Owner", the receipt whereof is hereby acknowledged, and intending to be legally bound, 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 real estate situate at 44 Main Street, Borough of Shiremanstown, Cumberland County, Pennsylvania, or against any buildings or other improvements theron (jointly and severally, the "Real Estate"), for or on account of any work to be done or materials furnished under the principal contract between the Owner and the Contractor, dated ~ 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 provided that the Owner is not in default of the 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 mechanics' lien, claim or notice of intention to file any lien or claim against the Real Estate. The Owner 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 mechanics' lien, to cause such 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, working for or through the contractor. This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the Mechanics' Lien Law of 1963 of the Commonwealth of Pennsylvania, and is expressly contingent upon proper filing and indexing by Owner in accordance with requirements of that law. IN WITNESS WHEREOF, the undersigned has caused this insmanent to be duly executed as of the 2b~day of .-~?v/ I ,2002. ATTEST: CONEWAGO ENTERPRISES, INC. By ~-~6 g:::~ O, ~~ B3~~~'~ Name: Susan C. Smith Name Chrxstxne ~mxth Title: Assistant Corporate Secretary Title: Executive Vice President (CORPORATE SEAL) Ref. PA - 9/3/98 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CONEWAGO ENTERPRISES, INC. 660 Edgegrove Road Hanover, PA 17331 Contractor and ST. JOHN'S LUTHERAN CHURCH, SHIREMANSTOWN~ PENNSYLVANIA 44 Main Street Shiremanstown, PA 17011 Owner GD No. Code STIPULATION AGAINST LlENS Filed on behalf of Contractor To the Prothonotary: Please index this Stipulation Against Liens with Owner designated as Plaintiff, Contractor designated as Defendant, and vice versa. CERT~ICATE OFLOCATION I hereby certify that the location of the real estate affected by this No-Lien Agreement is 44 Main Street Borough of Shiremanstown County of Cumberland, Commonwealth of Pennsylvania On behalf of Con~or Ref. PA - 9/4/98