HomeMy WebLinkAbout99-063354
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as KAl11AND CONSTRUCTION, INC., a Pennsylvania corporation
(the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND
N01100 DOLLARS ($1.00) to it in hand paid by MICHAEL P. KADILAK AND VICKY D.
KADILAK ("Owner") the receipt whereof is hereby acknowledged, for itself and any
subcontractors, matcrialmcn, 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 described in Schedule "A", attached hereto and made a part
hereof, 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 OCTo2wa 19, 1999, or under any
supplemental contract, verbal or written, or contract for extra work or materials relating to and
work to be done or material fumishcd under said principal contract. The undersigned, for itself,
its subcontractors, matcrialmcn, 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 undersigned, for itself, its subcontractors, matcrialmcn, 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 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 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 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 pemrittcd 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 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
executed as of the 4 day of O c7b g c- ,Z 1999.
ATTEST:
B
4e. icKy 6 K4b11.A <
Title: SCCR.erANY
(Corporate Seal)
CONTRACTOR:
KAMAND CONSTRUCTIOON, INC.
Name: N/?C??A[G P KAD?c.n G
Title: 7)Rcs, o-
- 2 -
SCHEDULE A
ALL THAT CERTAIN lot or piece of ground, lying and situate in the Township of Silver
Spring, County of Cumberland and Commonwealth of Pennsylvania, known as Lot No. 22, more
particularly described in the Final Subdivision Plan of Rich Valley Manor, Phase II, prepared by
Hartman & Associates, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Plan Book 64, Page 11, more particularly bounded and
described as follows to wit:
BEGINNING at a point, said point being located on the southern right-of-way line of Penns Run
Road at the terminus of a curve connecting the eastern right-of-way line of Rich Valley Road,
S.R. 1009 with the southern right-of-way line of Penns Run Road; thence along the southern
right-of-way line of Penns Run Road North 51 degrees 00 minutes 30 seconds East, a distance of
273.26 feet to a point at Lot #21 of Rich Valley Manor, Phase II; thence along Lot #21 South 38
degrees 59 minutes 30 seconds East, a distance of 128.31 feet to a point; thence along the same
South 22 degrees 37 minutes 00 seconds East, a distance of 364.85 feet to a point at Lot 423 of
Rich Valley Manor, Phase II; thence along Lot #23 South 53 degrees 40 minutes 30 seconds
West, a distance of 225.00 feet to a point on the eastern right-of-way line of Rich Valley Road;
thence along the eastern right-of-way line of Rich Valley Road North 36 degrees 19 minutes 30
seconds West, a distance of 361.62 feet to a point; thence along the same on the arc of a curve,
curving to the left having a radius of 2,830.00 feet an arc length of 72.44 feet to a point at the
beginning of a curve connecting the eastern right-of-way line of Rich Valley Road with the
southern right-of-way line of Penns Run Road; thence along said curve, curving to the right
having a radius of 35.00 feet an arc length of 54.24 feet to a point, said point being the place of
BEGINNING.
SAID LOT CONTAINS 132,261.23 square feet or 3.0363 acres.
BEING the same premises which Jerry T. Simpson and Hilary M. Simpson and Rich Valley,
Inc., Co-Partncr, James M. Garland, Co-Partner, Mark R. T. Simpson, Co-Partner and Tyson
Hills, Inc., Co-Partner, trading as Rich Valley Associates, a general partnership, by its decd dated
Augustl.Z, 1999 and recorded with the Cumberland County Recorder of Deeds' Office in Deed
Book AVS , Page Q3S , granted and conveyed unto Michael P. Kadilak and
Vicky D. Kadilak.
- 3 -
CV
0
411
ti
C5
ON
U1
o 7.
U