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Home My WebLink About07-7492r +y RALPH IACONO, Fee Simple IN THE COURT OF COMMON PLEAS OF Owner, and MERRICK C. SHOOK CUMBERLAND COUNTY, PENNSYLVANIA and LINDA S. SHOOK, Equitable Owners v. IACONO COMPANY, Contractor NO. D7 - ?'4/Q~, I~LE~ ~'~,,,~ STIPULATION AGAINST LIENS WHEREAS, Ralph Iacono, fee simple owner, and Merrick C. and Linda S. Shook, equitable owners, husband and wife, of Cumberland County, Pennsylvania (collectively the "Owner"), have executed or are about to execute contemporaneously herewith a contract with Iacono Company, a Pennsylvania sole proprietorship, with offices at Post Office Box 3, Boiling Springs, Pennsylvania 17007 (the "Contractor"), for construction of a home and other improvements (the "Improvements") on property known and numbered as Lot 106, Cyprus Lane, Hampden Township, Cumberland County, Pennsylvania, more particularly described on Exhibit A attached hereto, incorporated herein by reference and made a part hereof (the "Premises"). NOW, November ~, 2007, before any authority has been given by the Owner to the Contractor to commence work on the Improvements, or to purchase materials for the same, or to enter into any contracts with any subcontractors or materialmen, or to authorize any purchases bybr through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the Improvements, the Premises, or any part thereof, by the Contractor or any subcontractor, or by any of the materialmen or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased, for the .~ Improvements to the Premises (including hereafter changes made thereto), the right to file liens being expressly waived. It is the full intent of the Contractor, for itself and for any subcontractors or materialmen claiming for themselves, or by, through or under the contract or the Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of Acts of Assembly in such cases made and provided, for work done or materials furnished in and about the construction of the Improvements to the Premises is hereby waived. IN WITNESS WHEREOF, Owner and Contractor have executed this Stipulation Against Liens the day and year first above written. WITNESS: O Ralph Iacono, Fee Simple Owner WITNESS: ,~~ Merrick C. Shook, Equitable caner m a S. Shook, qui able Owner CONTRACTOR: Iacono Company ------_ Ra ph Iacono, Owner F:1daw17879 -SHOOK, MERRICK C. AND LINDA S\14755 -Purchase of Lot 106, Cyprus Lane\DocumentslStipulation Against Liens.doc 11/13/07 10:32 AM EXHIBIT A LEGAL DESCRIPTION ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred to below as "Crtandon Farms, Planned Community", located in Hampden Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania .Uniform Planned Community Act, 68, Pa. C.S.A. §§ 5101 et sec,., by the recording in the Office of the Recorder of Deeds of Cumberland County of a Declaration, dated October 23, 1997, and recorded November 3., 1997, in Miscellaneous Book 561, Page 56, which has been amended by a First Amendment to Declaration dated June 29, 1998, and recorded on June 29, 1998, in Miscellaneous Book 580, Page 597, which has been further amended by a Second Amendment to Declaration dated December 11, 1998 and recorded on December 17, 1998, in Miscellaneous Book 597, Page 1144, which has been further amended by a Third Amendment to Declaration dated June 4, 1999, and recorded on June 25, 1999, in Miscellaneous Book 617, Page 246, which has been further amended by a Fourth Amendment to Declaration dated July 23, 1999, and recorded on July 29, 1999, in Miscellaneous Book 620, Page 644, as further amended by a Fifth Amendment to Declaration dated November 29, 1999, and recorded December 2, 1999, in 1Vliscellaneous Book 632, Page 1$6, and recorded on December 22, 1999, in Miscellaneous Book 634, page 158, as further amended by a Sixth Amendment to Declaration dated August 1, 2000, and recorded August 10, 2000, in Miscellaneous Book 651, Page 665, as further amended by a Seventh Amendment to Declazation dated August 31, 2000, and recorded September 6, 2000,. in Miscellaneous Book 654, Page 294, as further amended by an Eighth Amendment to Declaration dated December 15; 2000, and recorded December 20, 2000, in Miscellaneous Book 662, Page 917, as further amended by a Ninth Amendment to Declaration dated June 27, 2001; and recorded November 7, 2001, in Miscellaneous Book 682, Page 1041, as further amended by a Tenth Amendment to Declaration dated January 10, 2003, and recorded January 22, 2003, in Miscellaneous Book 593, Page 3163, and recorded in Miscellaneous Book 694, Page 2273, as further amended by an Eleventh Amendment to Declaration dated June 2, 2003, and recorded June 6, 2003, in Miscellaneous Book 698, Page 226, a.s further amended by a Twelfth Amendment to Declaration dated November 19, 2003, and recorded November 25, 2003, in Miscellaneous Book 704, Page 1102, as further amended by a Thirteenth Amendment to Declaration dated June 8, 2004, and recorded on June 11, 2004 in Miscellaneous Book 708, Page 4802 (which Amendment was amended in Miscellaneous Book 722, Page 3976), as further amended by a Fourteenth ,Amendment to Declaration dated November 4, 2004 and recorded November 9, 2004, and recorded on November 9, 2004 in Miscellaneous Book 712, Page 4656, and as further amended by a Fifteenth Amendment dated December 30, 2004, and recorded on January S, 2005, in Miscellaneous Book 714, Page 1520. Being and designated in such Declaration as Unit/Lot No. 106, which said Unit is more fully described in said Declaration and is shown on the Declazation Plan recorded in Right of Way Plan Book 11, Page 112, as amended by First Amendment to Declaration Plan recorded iu Right of Way- Plan Book 12, Page 5, as further amended by Second Amendment to Declaration Pian recorded in Right of Way Plan Book 12, Page 39, as further amended b~ Third Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 66, as further amended by a Fourth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 85, as further amended by a Fifth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 102, as further amended by a Sixth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 109, as further amended by a Seventh Amendment. to Declaration Plan recorded in Right of Way Plan Book 12, Page 121, as further amended by an Eighth Amendment to Declaration Plan recorded in Right of Way Plan Book 12, Page 143, as further amended by a Ninth Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 27, as further amended by a Tenth Amendment to Declazation Plan recorded in Right of Way Plan Book 13, Page 42, as further amended by an Eleventh Amendment to Declaration Plan recorded in Right of Way Plan Book 13, Page 50 as further Amended by a Twelfth Amendment (which Amendment was amended in Right of Way .Plan Book 13, . Page 124) and Thirteenth Amendment to Declazation Plan recorded in Right-of--Way. Plan Book 13; Page 61 as further amended by a Fourteenth Amendment to Declaration Plan recorded in Right-of-Way Plan Book 13, Page 79. O ~c> N o ~- ~ ~ ~ ~~ 0 G ca ca '!J ~ ,- ` ! D ~ ~ ~~_ T _ -ts =y` E ~ ~` 1 ... p~ ~ ~i , :~z ~ N