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HomeMy WebLinkAbout94-03760 No. ((1.\. ~l (nO (I\lO II THI COURT or COMMON PLIAS or CUMBERLAND COUNTY BIBLE BAPTIST CHURCH OF SHIREMANSTOWN Plaintiff v. R.C. SKELLY, INC. Defendant AND R.C. SKELLY, INC. Plaintiff v. BIBLE BAPTIST CHURCH OF SHIREMANSTOWN, Defendant STIPULATION AGAINST LIIIS NAIVIR or HlCHANICS LIIIS MAIVIR or LII.. Bible Baptist Church of Bhiremanstown, an organization doing business under the laws of the Commonwealth of Pennsylvania having an address of 201 West Main Street, Shiremanstown, Pennsylvania and R.C. Skelly, Inc., a corporation having an address at 29 pine Tree Drive, Mechanicsburg, Pennsylvania, have entered into a construc- tion agreement dated July 8, 1994, relating to the construction of a building addition and other improvements upon the following deecribed real estate, as part of the consideration for which agreement this Waiver of Liens is given: All that certain lot or piece of ground situate in the Borough of Shiremanstown, County of Cumberland and Commonwealth of Pennsylvania, known as Bible Baptist Church of Shiremanotown and more fully described in Exhibit A, attached hereto and made a part hereof. NOW, THEREFORE, R.C. Skelly, Inc., intending to be legally bound hereby, in consideration of the sum of One Dollar ($1.00) to R. C. Skelly, Inc., in hand paid, the receipt and euff iciency of which are hereby acknowledged, as well as for and in consideration of the entry by Owner into the Contract, does hereby, for R.C.Skelly, Inc. and any and all subcontractors, materialmen and parties acting for, through or under R.C. Skelly, Ino. them or any of them, or anyone, oovenant and agree with Owner that no mechanics' liens or claims shall be filed or maintained by contractor, them or any of them, or anyone, against the above- described real eetate, or the buildings or other improvements erected or to be erected thereon, or any of them, or the estate (including a leasehold estate), interest or title thereto of owner, for or on account of any work done or materials furnished under the Contract or under any supplemental contract, verbal or written, or contract for extra work relating to the construction and completion of said buildings or other improvements, or any of them, or otherwise I and R.C. Skelly, Inc. for R.C. Skelly, Inc. and any and all subcontractors, materialmen and parties acting through or under R.C.Skelly, Inc., them or any of them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics' liens or claims against said real estate or buildings or other improvements or any of them. R.C. Skelly, Inc. hereby covenants, promises and agrees that all subcontractors, material suppliers, and laborers on the work shall look to and hold R.C. Skelly personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner, or any other person with an estate (including a leasehold estate) in the above-described property, for any work done or labor or materials furnished under the Contract or otherwiee. This agreement waiving the right of lien shall be an indepen- dent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the construction and completion of the said buildings or other improvements as to any work and labor done and materials furnished under the contract aforesaid. R.C. Skelly, Inc. hereby represents and warrants that prior to the date hereof no work has been done and no materials have been furnished with regard to the construction which is the subject of the Contract or with regard to any supplemental contract, verbal or written, or contract for extra work in or about the construction and completion of any buildings or other improvements on the above described property. In order to give Owner and any person having an estate in the above-described property (including a leasehold estate), full power and authority to protect itself and themselves, the above described property, the buildings or other improvements to be constructed thereon, and the curtilages appurtenant thereto, against any and all lians or claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant by Contractor, the Contractor hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear as attorney for it, them, or any of them, in any such Court, and in its or their name or names, (a) to the extent permitted by law, to mark satisfisd of record at the cost and expense of R.C. Skelly, Inc. or of any subcontractor, laborer or material supplier, any and all claims or liens filed in violation of the foregoing waiver and covenant, or (b) to cause to be filed and served in connection with such claims or liens ( in the name of R.C. Skelly, Inc. or any subcontractor, laborer or material supplier, or anyone else acting under or through it) 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 the waiver contained in this instrument, and for such act or acts this instrument shall be good and sufficient warrant and authority, and a reference to the court, term and number in whioh and where thie Waiver of Liens shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for itself and for them does hereby remise, release and quitclaim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in filing such pleading, instrument or amendment, or in any way concerning them. This agreement and Waiver of Liens is made and intended to be filed with the Prothonotary of the Court of Common Pleas of the County of Cumberland, Commonwealth of Penneylvania, or other proper place in which the above-described lands are located, within ten days after the date hereof in accordance with the requirements of law in such case provided. IN WITNESS WHEREOF, Contractor has signed and sealed these presents this 11th day of July I 19..21..... BYI TITLEI r),'~. _ ,.. '- ,.J.tJc., Attestl Titlel ..21 ~~u.......I" So.'q".L Q QL,J Secretary R l, ::,I,-.:I..\,.'I 'TNt. ~ , Commonwealth of Pennsylvania County of 1)4.11\ ~e &.4) .J ss. On this, the ~ day of before me, the u1dersigned .officer, personally .. , 1~ ..d 0.. Lu;~ s4e~'r Wh(,.Ck..W1.d..d th....1... t. b. tp. -D3c~iA.t.J- and <.-:iC~J respectively of _Jx~ ~,. a PennBylvania corporation, and that they, as such f\(.~(~"t- and f-kl':ukto\."Y , being authorized to do so, executed the foregoing Waiver of Liens for the purposes therein contained by signing the name of the corporation by themselves as such 4P\f~,J.t14~J; and and desired that the samL might be recorded as such. IN WITNESS WHEREOF, I hereunder set my hand and Official Seal. (Notarial Seal) Notary Publi My Commiuio / I ~"?l\" I ~ . .J ~- " rl l l'i IT -J. a; "R. 0- n JW - - '"1':--: 8 ~ 1) . Cl , i~ ~ A r-i . Q qIo . {t. ~ ~ ~ , .. . ""~ .