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HomeMy WebLinkAbout04-5566ROBERT C. BALES LINDA S. BALES, Owner v. RALPH J. IACONO t/a IACONO COMPANY, Contractor IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~- 5~L /~AD STIPULATION AGAINST LIENS WHEREAS, ROBERT C. BALES and LINDA S. BALES of 2130 Walnut Bottom Road,, Cumberland County, Pennsylvania 17013 (the "Owner") the Owner of the hereinafter described tract of land, has executed or is about to execute contemporaneously herewith a contract with RALPH J. IACONO t/a IACONO COMPANY, of P.O. Box 3, Boiling Springs, Cumberland County, Pennsylvania 17007 (the "Contractor") for improvements to the premises located at Lot 87 Bayberry Road, Meadowbrook Farms, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a part hereof (the "Premises"). NOW, November 2, 2004, before any authority has been given by said Owner to the said Contractor to commence work on said Premises or to otherwise construct any improvements thereto, or to purchase materials for the same, or to enter into any contracts with any subcontractors, or materialmen, or to authorize any purchases by or through any subcontractors or materialmen, in consideration of the making of said contract with the Owner and the further consideration of One Dollar ($1.00), to Contractor paid by said Owner, and with the intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed against the building or 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 building and 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 building and improvements to the Premises above described is hereby waived. WITNESS our hands and seals the day and year first above written. i~tn~ess/At test ROBERT C. BALES RALPH J. IACONO t/a IACONO ~QMPANY EXHIBIT A ALL TN_AT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, being Lot No. 87, as shown on a Plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase III," dated October 31, 2000, by PennTerra Engineering, Inc., State College, Pennsylvania, being bounded and described as follows: BEGINNING at an iron pin, being an easterly corner of existing Phase I and lying in a southerly R/W line of Bayberry Road (50' R/W); thence along said R/W, along a curve to the right, having a chord bearing of S 69o37'28"E, a chord distance of 139.64 feet, a radius of 175.00 feet and an arc length of 143.64 feet to an iron pin, lying in a southerly line of said R/W and being a northerly corner of Lot No. 88; thence along said lot, S29o42'37"W, 125.74 feet to an iron pin, being a westerly corner of said lot and a northerly corner of Lot No. 89; thence along said lot S84o16'40"W, 80.31 feet to an iron pin, lying in a northerly line of said lot and being a southerly corner of existing Phase I; thence along said lands, N03o08'17"W, 164.97 feet to an iron pin; thence continuing along said lands, N86°51'43"E, 20.39 feet to an iron pin, being the place of BEGINNING. CONTAINING 0..420 acre. LOT No. 87 is subject to a 10' utility/sidewalk easement along its street frontage.