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HomeMy WebLinkAbout07-5910--„ r Stipulations Against Liens DARKEN GILL and CAROL A. .GILL,. HUSBAND AND WIFE Owner ... Goodlin~.Builders ........................................................... Contractor In the Court of Common Pleas County of CUMBERLAND Pennsylvania Docket Number 0 ~ • :5 4/0 M ~-_D Term 2007 Page Number Whereas, Goodling Builders ('Contractor") of has entered into a contract with DARKEN GILL and CAROL A. GILL, HUSBAND AND WIFE ("Owner") of for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 83 STONE RUN DRIVE, SILVER SPRING TOWNSHIP, MECHANICSBURG, PA 17050, ,Silver Spring township, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which DARKEN GILL and CAROL A. GILL, HUSBAND AND WIFE is the title holder of record; and Whereas, 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. NOW, This Agreement Witnesseth: 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 cartilage or cartilages 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. And 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. And, 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 materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, 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 hand and seal the day and year aforesaid. Signed ands algid in the presence of: ~~~ DARKEN LL C IL Good Ing Builders STIPULATION AGAINST LIENS ~ File No. 07-526, .,, ALL THAT CERTAIN tract or parcel of land situate, lying and being in the Township of Silver Spring in the County of Cumberland, Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the northern right of way line of Stone Run Drive, said point being located South fifty-five degrees thirty-three minutes thirty seconds East (S 55° 33' 30" E), a distance of seventy-five and zero hundredths (75.00) feet to a point from the terminus of a curve connecting the eastern right of way line of Monarch Lane with the northern right of way line of Stone Run Drive; thence from said point of Beginning by Lot No. 114 North thirty-four degrees twenty-six minutes thirty seconds East (N 34° 26' 30" E), a distance of one hundred fifty and zero hundredths (150.00) feet to a point; thence by land now or late of Albert A. Demao, being Lot No. 14 on the plan of Cicada Hill, also known as Silver Meadows as recorded in Plan Book 62, Page 70 and by land now or late of James A. and Annetta M. Ferguson being Lot No. 11 on the plan of Cicada Hill, also known as Silver Meadows as recorded in Plan Book 62, Page 70, South fifty-five degrees thirty-three minutes thirty seconds East (S 55° 33' 30" E), a distance of one hundred forty-six and seventy-eight hundredths (146.78) feet to a point; thence by Lot No. 112, South fifty-three degrees fifty-six minutes thirty seconds West (S 53° 56' 30 W), a distance of one hundred seventy-two and eighty-two hundredths (172.82) feet to a point on the northern right of way line of Stone Run Drive; thence by said northern right of way line of Stone Run Drive by a curve to the left, having a radius of two hundred twenty-five and zero hundredths (225.00) feet, an arc distance of seventy-six and fifty-eight hundredths (76.58) feet to a point; thence by the same North fifty-five degrees thirty-three minutes thirty seconds West (N 55° 33' 30" W), a distance of thirteen and ninety-eight hundredths (13.98) feet to a point, the place of BEGINNING. BEING Lot No. 113 of Phase III, Walnut Point Plan for Harold Stoner and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 93, Page 73. SUBJECT to any and all conditions, easements and/or restrictions as shown on the above referenced plan. STIPULATION AGAINST LIENS N .S <-y rv 1' _v _ 7 '~ C. ~ .~_ r w ~ ~ G v ^~ _ ~. _~ ~ __ ~~ \ `•~ c. ~ ~:~ v ~~ L,~"-'