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HomeMy WebLinkAbout13-3402 r� MM STIPULATION AGAINST LIENS ter ROBERT R. LONG, JR., and 4 -- - PAMELA J. LONG, his wife, C-, IN THE COURT OF CMON Owners, PLEAS OF CUMBERIA -b k COUNTY, PENNSYLVAI I_A V . NO. RALPH IACONO, doing business as IACONO COMPANY, General Contractor. THIS AGREEMENT is made the 1 ay of June, 2013, by and between Robert R. Long, Jr. and Pamela J. Long ( "Owners ") and Ralph Iacono, d /b /a Iacono Company, General Contractor ( "Contractor ") . NOW THIS AGREEMENT WITNESSETH: 1. The Owners of land located in Silver Spring Township, Cumberland County, Pennsylvania, more fully and particularly described in Exhibit "A" attached hereto and made a part hereof (the "Lot "), is about to execute contemporaneously herewith a contract with Contractor ( "Contract ") for the erection and construction of an addition ( "Addition ") to the existing single family residential dwelling (the "Dwelling ") located on the Lot. The Addition and the Dwelling collectively are hereinafter referred to as the "Improvements." 2. At the time of and immediately before the execution of the Contract, and before any authority has been given by the Owners to the Contractor to commence work on the Lot or the Improvements, or to purchase materials for the same, and in consideration of the making of the Contract, and the further consideration of One ($ 1.00) Dollar paid by the Owners to Contractor, the Contractor, for himself and anyone else acting or claiming through or under him, does hereby waive and relinquish all right to file and maintain a mechanic's lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanic's lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owners in the Lot or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvements or the Lot or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owners for any work done or labor or materials furnished under the Contract Stipulation Against Liens Page 1 of 3 `T Ceti for and about the erection, construction and completion of the Improvements, or under any contract for extra work, or for work supplemental thereto, or otherwise. 3. This Agreement waiving the right of lien shall be an independent covenant and shall operate to be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvements as to any work or labor done or materials furnished under the Contract. 4. In the event Contractor consists of more than one individual, person, firm or corporation, the undertakings hereunder of each of such individuals, persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF, the parties have hereunto caused the execution of this Stipulation Against Liens and their respective seals to be affixed hereto the date and year above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: (SEAL) Robert R. Lo tpr., Owner /* L) Pamela J. Long, e RALPH IACONO, doing business as IACONO COMPANY - (SEAL) Ralph Iacono Stipulation Against Liens Page 2 of 3 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF On this, the J L? day of June, 2013, before me, the undersigned officer, personally appeared Richard W. Long, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said state and a subscribing witness to the within instrument and certified that he was personally present when Robert R. Long, Jr.; Pamela J. Long; and Ralph Iacono, whose names are subscribed to the within instrument executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH MAMSSCO) YLV, Notar Patty L Strohec Public City of HarrisburcomW My commission E 2035 MEMBER, PENNSYLVANIA N OP hbTA Stipulation Against Liens Page 3 of 3 EXHIBIT "A" TO STIPULATION AGAINST LIENS BETWEEN ROBERT R. LONG, JR. & PAMELA J. LONG, Owners, and RALPH IACONO, D /B /A IACONO COMPANY All that certain lot of land situated in the Township of Silver Spring, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a concrete monument on the western dedicated right -of- way line of Nita Court at the dividing line between Lots Nos. 19 and 18 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 19 and 18, the following two (2) courses and distances (a) North 82 degrees, 8 minutes 34 seconds West, a distance of 50 feet to a point; and (b) North 25 degrees 45 minutes West, a distance of 359.28 feet to a point at lands now or formerly of Robert J. DeMartyn; thence along said latter lands, North 85 degrees 39 minutes 15 seconds West, a distance of 100.25 feet to a point at the dividing line between Lots Nos. 19 and 20 as shown on the plan of lots hereinaf'ter mentioned; thence along said dividing line between Lots Nos. 19 and 20, South 8 degrees East, a distance of 317.55 feet to a point on the northern dedicated right -of -way line of Keystone Drive; thence along said northern dedicated right -of -way line of Keystone Drive, the following two courses and distances: (a) in an eastwardly direction on a curve to the right having a radius of 250 feet, an arc distance of 62.27 feet to a concrete monument; and (b) South 82 degrees 8 minutes 34 seconds East, a distance of 161.36 feet to a concrete monument at the beginning of a curve at the northwestern corner of the intersection of said Keystone Drive and Nita Court; thence along the dedicated right -of -way line of said corner in a northwardly direction on a curve to the left having a radius of 12 feet, an arc distance of 18.85 feet to a concrete monument on the western dedicated right -of- -way line of Nita Court; thence along said western dedicated right -of -way line of Nita Court, North 7 degrees 51 minutes 26 seconds East, a distance of 88 feet to a concrete monument on the same at the dividing line between Lots Nos. 19 and 18 as shown on the plan of lots hereinafter mentioned, the place of BEGINNING. BEING Lot No. 19 as shown on a certain plan of lots entitled "Final Subdivision of Enchanted Mills" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76, Page 37. BEING PARCEL NO. 38 -13- 0985 -136. BEING PART OF the same premises which John P. Hall (and Sherill Hall, his wife) by deed dated October 19, 1990 and recorded in the Recorder's Office aforesaid in Deed Book "V", Volume 34, Page 344, granted and conveyed unto Greater Keystone Properties, Inc. Stipulation Against Liens Exhibit "A"