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HomeMy WebLinkAbout05-0469 o COURTNEY VENTURES, LP, Owner IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA v. NO. OS'. I.ff.-,q )V-, 1-.. 0 J.t..- RALPH J. IACONO t/a IACONO COMPANY, Contractor STIPULATION AGAINST LIENS WHEREAS, COURTNEY VENTURES, LP, of 41 Kelly Drive, Carlisle, 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 32, The Manor at Fair Oaks, Lower Allen Township, Cumberland County, Pennsylvania, more particularly described on "Exhibit A" attached hereto and made a part hereof (the "Premises"). NOW, January ~, 2005, 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. COURTNEY VENTURES, LP, BY COURTNEY VENTURES, LLC ~~ /Wi tness By: /U.t ~ ;::c~ RALPH J. IACONO t/a IACONO _C;OMPANY, -B~>~---~ EXHIBIT A ALL THAT CERTAIN tract or parcel of land being situate in Lower Allen Township, Cumberland County, Pennsylvania, known, named and identified in the Declaration, referred to below as "The Manor at Fair Oaks, a Planned Community", which has heretofore been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Pa. C.S.A.55101 et seq., by the recording in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, the Declaration for The Manor at Fair Oaks, A Flexible Residential Planned Community ("Declaration"), dated June 4, 2003, recorded June 5, 2003, in Miscellaneous Book 698, Page 28, amended by way of First Amendment to Declaration for The Manor at Fair Oaks, dated January 6, 2005, recorded January 7, 2005, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Miscellaneous Book ____, Page ____ ("First Amendment"), designated in such First Amendment, as Lot No. 32 (Identifying Number), as described in Section 2.2 of the Declaration, and shown (and described) in Exhibit F-1 of the First Amendment. BEING Lot No. 32 depicted on the Phase 2 Final Subdivision Plan for The Manor at Fair Oaks, said plan dated August 25, 2003, last revised August 19, 2004, prepared by Alpha Consulting Engineers, Inc., and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 89, Page 120. BEING A PORTION OF THE SAME PREMISES which R. Hart Enterprises, Inc., by deed dated May 20, 2004, and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 0263, Page 680, granted and conveyed unto Rossmoyne Residential Associates. r~ - --------- v-, -<:> -t> - <>-J V\ ~ lY l-' "* ~J ] ~, 1 .F A _. D C ~ ::QiT" 11 ffl' Z-J' -;,o'r'.... ~':,::,: ~-::C:.; ~n <E() .PC Z :2 r:o r lit -- y", i} ....., <."0> """ <.n <- or.- :;!Ii: N en Q, :~"'-J Tllf'- rn :go (:).1. "'3Q :r:---r. c~~u ~?~ u w.,'"" 'J> ~lJ .-< ~ C!? 1'-"