HomeMy WebLinkAbout94-06349
STIPULATJgN AGAIN fiT LIENS
VS.
In the Court of Common Plea.
County of Cumberland, PA.
q If ~ (,3 '+'1 MI.-I> Tt r"1
Number Term, 19
GIANT FOOD STORES. INC.
Owner
R. ~. MOWERY & SON~. INC.
Contractor
The undarsigned contractor, matarialman or other antity or parson furnishing
services, labor or materials, known ss R. S. Mowery & Sons, Inc., s Pennsylvania
corporation (tha "Contractor'" Intending to ba legally bound, and in consideration of
the sum of ONE AND NO/100 DOLLAR (.1.00' to it In hand paid by Giant Food
Stores, Inc., a Delaware corporation ("Owner'" the raceipt whareof is hereby
acknowledged, for itself and any subcontractors, materialmen, laborers, or anyone else
acting through or under It, covanants and agrees that no mechanics' or materialmen's
liens or claims shall be filed or maintained by it, them or sny of them, sgainst the real
astatalocated at 1621 Industrial Drive, Carlisle, Pennsylvsnis, or against any buildings
or other improvements thereon (jointly and severally, the "Real Estste"', for or on
account of any work to be done or materials furnished under the principal contract
between Owner and Contractor, dated November 7, 1994, or under any lIupplemental
contract, verbal or written, or contract for extra work or materials relating to and work
to be done or material furnished under ssld principal 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 Estata.
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 tor it, tham or any of them, in any
such court and, in its or their name or names, mark satisfied of record at the cost and
ex pens. 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 act or acts this
waiver shall be good and sufficient warrant and authority, and the undersigned for
itself, and for them, does hereby remise, ralease and quit-claim all rights and all
manner of errors, in filing such pleading, instrument or amendment, or in any way
concerning them.
Owner shall have the absolute right in its name or in the neme 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 ot law or in equity.
The undersigned hereby evers, repreaents and warrants that work hal
commenced on the Real Estate, that materials have been delivered to the Real Estate
end that labor has bean furnished for the Improvement of the Real Estate by the
underslgnad snd by the following list of Contractor's subcontractors and materialmen:
Excavation
Concrete Accessories Supply
Concrete Finishing
Masonry
Miscellaneous Metels
Plumblng/HV AC
Electric
Landscaping
Concrete Supply
John W. Gleim, Jr.. Inc.
Trl-Baro Concrete, Inc.
Lorne G. Seifert. Inc.
Jon R. Herrold. Inc.
Carlisle Machenicaland Welding, Inc.
Tuckey Mechanical Services, Inc.
BBEC. Inc.
Davis Landscape Contractors
Union Quarries
The undersigned represents to Owner that the above list of subcontractors and
materialmen represents all of the persons and/or entities with whom Contractor has
exscuted subcontracts and that each of the said subcontractors has agraed to the
tsrms of this stipulation.
The undersigned further agrees that it shall not enter into any additional
contracts with any persons or entitles for work to be done upon or materials to be
delivered to the Real Estate which are within the scope of the principal contract
between Contrllctor and Owner for a period of ten (10) days following the recording
of this stipulation against liens.
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.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be duly
sxecuted as of the 7th day of November 1994.
ATTEST:
By l-t) k~ ..-dd_,
.
Name: W. R. Sliker
Title: Corporate Secretary
(Corporate Seal)
CONTRACTOR:
R. S. MOWERY & SONS, INC.
By
Name: Donald
Title: Prelident
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