HomeMy WebLinkAbout94-07052
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STIPULATION AGAINST LIENS
ALLEN DISTRIBUTION
Owner
In the Court of Common Pleas
County of Cumberland, PA.
vs,
Number Term, 19
/114 1//4 mct) 1o--rY'-
R, S, MOWERY & SONS. INC,
Contractor
The undersigned contractor, furnishing services, labor or materials, known as
R. S, Mowery & Sons, Inc" a Pennsylvania corporation (the "Contractor") Intending
to be legally bound, and in conSideration of the sum of ONE AND NO/100 DOLLAR
($1.00) to It in hand paid by Allen Distribution, a Pennsylvania Limited Partnership,
("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 mechanics' or materialmen's liens or claims shall be filed
or maintained by It, them or any of them, against the real estate located at 1701
Shearer Drive, Carlisle, Pennsylvania, 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, dated July 18, 1994, 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 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 undarslgned, 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 flied 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, release and quit-claim ell 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 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.
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