HomeMy WebLinkAbout99-06948
JJ•l9`/? ?`?
STIPULATION AGAINST LIENS
The undersigned contractor, materialman or other entity or person furnishing services,
labor or materials, known as KAMAND CONSTRUCTION, INC., a Pennsylvania corporation
(the "Contractor") intending to be legally bound, and in consideration of the sum of ONE AND
NO1100 DOLLARS ($1.00) to it in hand paid by WILLIAM J. MANNA AND CHERYL L.
MANNA 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 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 /(?OVE?lBf? _L> 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 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 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 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
i 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,
j does hereby remise, release and quit-claim all rights and all manner of errors, in filing such
j pleading, instrument or amendment, or in any way concerning them.
Owner shall have the absolute right in its name or in tine name of the undersigned or any
1 other entity or person who shall have filed a claim or lien, to cause any and all such claims or
j liens to be discharged by any other instrument, pleading or proceeding permitted at law or in
1 I 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,
I4I'
1i
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 _ day of Al, y e; .,be - , 1999.
ATTEST: CONTRACTOR:
KAMAND CONSTRUCTION, INC.
BY - B-ZL
Name: AI&LI J. ,WAm-1.4 Name: IvI,&14AGt. J KA i>)cp /L
Title: SxcG. ?irc 19285/4&211- Title: p zeS
(Corporate Seal)
- 2 -
SCHEDULE A
ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at an iron pin set in the western dedicated right-of-way line of Oakwood
Place at lands now or formerly of Ronald L.. Ludt; thence along lands of Ronald L. Ludt
and lands of Shultzaberger and Brumbaugh South 51 degrees 38 minutes 22 seconds
West 527.30 feet to an iron pin; thence along lands now or formerly of Sylvia R Rambo
North 14 degrees 40 minutes 00 seconds West 60.00 feet to an iron pin; thence along
same North 16 degrees 30 minutes 58 seconds West 302.31 feet to an iron pin; thence
along the dividing line between Lots 4D and 4E on the hereinafter mentioned plan North
79 degrees 44 minutes 58 seconds East 372.40 feet to an iron pin set in the dedicated
right-of-way of the cul-de-sac of Oakwood Place; thence along said right-of-way by a
curve to the left with a radius of 60.00 feet an arc distance of 113.97 feet to an iron pin;
thence by same by a curve to the right with a radius of 35.00 feet an are distance of 37.40
feet to an iron pin; thence by same by a curve to the right with a radius of 225.00 feet an
arc distance of 51.14 feet to an iron pin, the place of BEGINNING.
BEING further described as Lot No. 4-E on the Subdivision Plan for Robert J. Weibley,
et. al, prepared by John K. Bixler, II., R.S., dated July 8, 1997 and recorded in
Cumberland County Plan Book 76, Page 123.
CONTAINING 2.513 acres.
-3-
°o
0
w ^