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HomeMy WebLinkAbout07-7433r Stipulations Against Liens WILLIAM H. GOODLING and KELL Y J. GOODLING WILLIAM H. GDODLING CONSTRUCTION NOVEMBER 30, 2007 ~1n t~je ~ottrt of common ~[eag ~ountp of Cumberland Owner Docket Number ~~- 7y~~ /"t L~ Page Number Contractor Pennsylvania Term 20 ~~jerea~, WILLIAM H. GOODLING CONSTRUCTION ("Contractor") of ~p~f... (~., ,has entered into a contract with WILLIAM H. GOODLING and KELLY J. GOODLING ("Owner") of 395 ALISON AVENUE, MECHANICSBURG, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #2 Longmeadow Street, Mechanicsburg, PA 17055Mechanicsburg Borough, 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. .~otn, ~~is agreement ~itue~~et~j: 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. ~ni] 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. ~nb, 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 hands and seals the day and year aforesaid. Signed and sealed in the presence of: WI LIA H. GOODLING K LLY J. ODLIN WILLIAM H. ODLI G CONSTRUCTION BY W LLIA ODLING LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Mechanicsburg, and partly in Monroe Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at an iron pin located on the eastern line of Longmeadow Street (50 feet right-of- way) on a Plan of Lots hereinafter mentioned and a comer of lands now or formerly of Franklin F. Horn; thence along the northern line of lands now or formerly of Horn, North 67 degrees 58 minutes 10 seconds East, a distance of 137.44 feet to an iron pin located at the southwest comer of Lot No. 1 on the hereinafter mentioned plan; thence along the western side of Lot No. 1, North 18 degrees 53 minutes West, a distance of 100.07 feet to an iron pin located at the northwest comer of Lot No. 1 and lands now or formerly of Stanley E. McClimans; thence along the southern line of lands now or formerly of NlcClimans, South 68 degrees 00 minutes West, a distance of 142.82 feet to a point on the eastern line of Longmeadow Street; thence along Longmeadow Street, South 21 degrees 58 minutes East, a distance of 100.00 feet to a point, the point and place of BEGINNING. CONTAINING 14,008 square feet or 0.322 acres. BEING Lot No. 2 as set forth on the Preliminary/Final Re-Subdivision Plan for Donald L. Runk recorded July 6, 1981, in Plan Book 40, Page 41. BEING the same premises which DONALD L. RUNK AND JOYCE L. RUNK, H/W AND PATRICK J. CAMPBELL AND LEAH cQ, by Deed dated October 26, 2007, and recorded November 13, 2007, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 2007-42651, granted and conveyed unto DONALD L. RUNK AND JOYCE L. RUNK, HUSBAND AND WIFE, Grantors herein. BEING THE SAME PREMISES WHICH Donald L. Runk and Joyce L. Runk, husband and wife, by thier deed dated '~pu~S3~ 2007, and about to be recorded herewith in tha Uffice of the Recorder of Deeds in and for Cumberland County, Pennsylvania, grarted and conveyed unto William H. Goodling, Mortgagor herein. ALTA Commitment Schedule A (continued) C"~ C'.. ~ C:~ i.::a~ ~~ +.,J (~ a e--~ ~ ,~ z~ ' ~ ~' , ""' _ ;, ~ ' ti ~ t i ~ , ~ /~ Q ~ ( r~ ( _' \ "^ V ~ " O a .~( I