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Home My WebLink About02-4018 WAIVER OF LIENS THIS AGREEMENT made thi~ay of August, 2002, between Andrea M. Shears and Nicholas J. Shears ("Owners") and Ralph Iacono/Iacono, Co. ("Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction and completion of a new residential house (the "Improvements") to be erected on real estate described in Exhibit "A" attached (the "Property"). B. By the terms of the Contract, Contractor has covenanted, promised and agreed that no mechanics' or materialsmen's lien or claims would be filed or maintained in the Property or any part thereof, or the curtilage or curtilages appurtenant thereto, either by himself or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental completion or for extra work, in the erection, construction or completion of the Improvements on the Property or any of the curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' 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 Owner in the Property or the curtilage or curtilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialsmen 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 Property 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 Owner for any work done or labor or materials furnished under the Contract 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. 2. This Agreement waiving the right of lien shall be an independent covenant and shall operate and 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 and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such 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 said parties have hereunto set their hands and seals dated the day and year first above written. WITNESS PRESENT: FOR THE OWNERS: Nicholas Shears (SEAL) Date: t~ '~* ~SEAL) Andrea Shears Date: FOR RALPH IACONO AND FOR IACONO, CO. Ralph Iacono Date: L/-o 2-- COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF _/~/.//72./?F~q/_tT.v~ : On this, thec. TpS~day of August, 2002, before me, the undersigned officer, personally appeared, Ralph Iacono, of Iacono Co., known to me (or satis£actorily proven) to be the person whose name subscribed to the within instrument and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires~' Notarial Sea~ [ Joanne M. Bennett, No .t~r.y Public ] City of Harr/sburg, Dauph n CounB, ],,My Commission Expires June 20~ ~ COMMONWEALTH OF PENNSYLVANIA cOUNTy OF 7>. SS On this, the ~>Oc..~ day of August, 2002, before me, the undersigned officer, personally appeared, Andrea M. Shears and Nicholas J. Shears, known to me (or satisfactorily proven) to be the persons whose names subscribed to the within instrument and acknowledged that they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission F.×pires- Notarial Seal Joanne M. Bennett, N~. I~blic City of Harrisburg, Dauphin County My Comm salon Expires June 20, 2005 LEGAL DESCRIPTION ALL that certain lot of unimproved land situated in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Eastern dedicated right-of-way line of Keystone Drive at the dividing line between Lots Nos. 29 and 30 as shown on the hereinafter mentioned plan of lots; thence along said dividing line between Lots Nos. 29 and 30, South 82 degrees 8 minutes 34 seconds East, a distance of 279.85 feet to a point common to Lots Nos. 29, 30, 27 and 28, as shown on said plan of lots; thence along the dividing line between Lots Nos. 29 and 28, North 7 degrees 51 minutes 26 seconds East, a distance of 247.96 feet to a point on the southern dedicated right-of-way line of Keystone Drive; thence along said southern dedicated right-of-way line of Keystone Drive, the following three (3) courses and distances: (a) in a southwestwardly direction on a curve to the left having a radius of 175 feet, an arc distance of 85.83 feet to a monument; (b) South 61 degrees West, a distance of 177.38 feet to a monument; and (c) in a southwardly direction on a curve to the left having a radius of 150 feet, an arc distance of 127.72 feet to a point on the same at the dividing line between Lots Nos. 29 and 30 as shown on the hereinafter mentioned plan of lots, the place of BEGINNING. BEING Lot No. 29 as shown on a certain plan of lots entitled "Final Subdivision of Enchanted Hills" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 76, Page 37. FOULKROD ELLIS PROFESSIONAL CORPORATION 1800 Linglestown Road - Suite 305 Harrisburg, Pennsylvania 17110 Attorney for Defendants: Telephone: [717] 213-4200 Th~nas A. Young, M.D., and Fax:[7171213~202 Susquehanna Inter~l Medicine Associates. P.C. GLENNA MARINO, Executrix of : IN THE COURT OF COMMON PLEAS the Estate of Ihoko K. Mott, Plaintiff Vo THOMAS A. YOUNG, M.D. and : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-4014 : SUSQUEHANNA INTERNAL MEDICINE : ASSOCIATES, P.C., : CIVIL ACTION - LAW Defendants : JURY TRIAL DEMANDED PRAECIPE TO FILE A CERTIFICATE OF SERVICE TO: PROTHONOTARY OF CUMBERLAND COUNTY, pENNSYLVANIA Kindly file of record the attached Certificate of Service of the Prothonotary's Rule to File Complaint. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Andrew H. ~6u~krSd, 'Esquire Attorney I.D. No. 77394 CERTIFICATE OF SERVIC~ I HEREBY CERTIFY that a true and correct copy of the foregoing RULE TO FILE COMPLAINT dated September 13, 2002 entered by the Prothonotary of Cumberland County, Pennsylvania on September 17, 2002 was served upon counsel of record this 19th day of September, 2002, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 FOULKROD ELLIS PROF SIONAL COR~PORA ON CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing PRAECIPE TO FILE A CERTIFICATE OF SERVICE was served upon counsel of record this 19th day of September, 2002, by depositing said copy in the United States Mail at Harrisburg, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109-3099 FOULKROD ELLIS PROFESSIONAL CORPORA~ION BeL~[ E. Forbes, ~aralegal !