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HomeMy WebLinkAbout07-4014f ~ Stipulations Against Liens WILLIAM H. GOODLING and KELL Y J. GOODLING WILLIAM H. GOODLING CONSTRUCTION JUNE 28, 2007 ~Jn t>he court of ~ornmou ~Cea~ ~ouutp of Cumberland Owner Pennsylvania Docket Number o ? _ ~ O t' Y M ~ d ~ ~• Term 20 Page Number Contractor ~fjereag, WILLIAM H. GOODLING CONSTRUCTION ("Contractor") of 395 Alison Avenue Mechanicsburg, Pa 17050, has entered into a contract with WILLIAM H. GOODLING and KELLY J. GOODLING ("Owner") of 395 Alison Avenue, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #107, Meadowbrook, Carlisle, PA 17013Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which WILLIAM H. GOODLING and KELLY J. GOODLING are the title holder of record; and ~~jerea~, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Motu, aCtjf~ agreement ~itue~~ettj: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. ~nb this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. ~Cnb, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. ,~ All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot No. 107, as shown on a plan entitled, "Meadowbrook Farms; Final Subdivision Plan Phase N" dated September 24, 2004, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being a southerly corner of Lot No. 106 and lying in a westerly R/VV line of Farmhouse Lane (50'lt/W); thence along said R/W, the following bearings and distances: along a curve to the right, having a chord bearing of SO1°52'50"W, a chord distance of 90.31 feet, a radius of 175.00 feet and an arc length of 91.35 feet to an iron pin; thence S16°50'05"W, 100.92 feet to an iron pin; thence along a curve to the right, having a chord bearing of 543°49'07"W, a chord distance of 22.69 feet, a radius of 25.00 feet and an arc length of 23.55 feet to an iron pin; thence along a curve to the left, having a chord bearing of 557°O8' 17"W, a chord distance of 28.35 feet, a radius of 60.00 feet and an arc length of 28.62 feet to an iron pin, lying in a westerly line of said R/W and being an easterly corner of Lot No. 108; thence along said lot N46°31'36"W, 139.15 feet to an iron pin, being a northerly corner of said lot and lying in a southerly line of Lot No. 105; thence along said lot N29° 10' 19"E, 108.91 feet to an iron pin, being an easterly corner of said lot and a southerly corner of Lot No. 106; thence along said lot N76°55'36"E, 122.78 feet to an iron pin, being the place of beginning, containing 0.556 acres. Lot No. 107 is subject to a 10' utility/sidewalk easement along its street frontage. BEING THE SA1IE PREMISES which Pamay Development Co., Inc., a Pennsylvania corporation by their Deed dated June 27, 2006 and recorded July 11, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 275, Page 2993, granted and conveyed unto ~'~'illiam H. Goodling and Kelly J. Goodling, husband and wife, Mortgagors herein. ~.. °Q w ~ ~ ~ ~ 1 ,_ ` F s r--'~. _..; ,_; -;,. ~, ~'? r` ^~. ,- r` {~_'_ --Gi N ca ~_ t. ~." t C.J `~.. Q ~! O -r- ~ ~=' -s-y~'~, '~ c l ~~ ,-~'