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Home My WebLink About08-6248SyU'pulaisiylls Against Liens { OCTOBER 10, 2008 ,fin t~je court of common ~Iea~ QLouutp of WILLIAM H. GOODLING and Cumberland KELLYJ. GOODLING ,Pennsylvania Owner WILLIAM H. GOODLING Docket Number ~~ - ~~~~ J'V1 ~ ~ Term 20 CONSTRUCTION Page Number Contractor ~>yerea~, WILLIAM H. GOODLING CONSTRUCTION ("Contractor") of ~~(,.,a,..~~~,. ,has entered into a contract with WILLIAM H. GOODLING and KELLY J. GOODLING ("Owner") of 394 Alison Avenue, Mechanicsburg, PA 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #88, Walnut Point, Mechanicsburg, PA 17050, Silver Spring 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. hobo, ~lyi~ ~greemeut ~itue~~etfj: 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. ~ttb 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. Ana, 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: f . y f_. w LEGAL DESCRIPTION ALL THAT CERTAIN Lot in the property. known, named arxi identified in the Dedaration, rebored to below, as "UYalnut Point Phase IN, a Plsnnsd Community;' located in Silver Spring Township, Curnberiand County, Pennsylvania, which has heretoforo been submitted to the provisions of the Pennsylvania Uniform Planned Community Act, 68 Ps.C.3.A. §§ 5104 ~ se ., as amended, by the recording in the Office of the Recorder of Deeds of Cunnberbnd County, Pennsylvanis, the Declaration for Walnut Point Phase III, a Planned Community, a Residential Planned Community C'Dedaration"~, dated Juty 27. 2007, recorded July 31, 2007, in the Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 738, Pegs 4728, and designated in such Declaration as Lot No. 86 (Identifying Number), described in Section 2.2 of the Declaration, and shown (and described} in Exhibit B of the Declaration. CONTAINING 0.2927 atxes, more or less BEING Lot No. 88, Final Subdivision Plan for Walnut Point Phase 111 dated May 9, 2005, last revised August 3.2008, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Boric 93, Page 73. BEING PART OF THE SAME PREMISES which LLOYD J. EDRIS AND SHIRLEY M. EDRIS, HIS WIFE, by Deed dated April 26, 1996, and recorded May 1, 1996, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 138, Page 518, granted and conveyed unto HAROLD D. STONER AND MARILYN L. STONER, HIS WIFE, AS TENANTS BY THE ENTIRETIES BEING PART OF THE SAME PRE ISES which HAROLD D. STONER AND MARILYN L. STONER, HUSBAND AND WIFE by their Deed dated r~~ 4 ,2008 and about to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto WILLIAM H. GOODLING AND KELLY J. GOODLING, HUSBAND AND WIFE, Mortgagors herein. ALTA Commitment Schedule A (continued) ra ~ ~ ~ ~~ o 0., ~` q ~ ~ _M ' ~ = l ; 1'V 0 f't7 !"J ~ ~ '~ "U ~ ,~ ~ ~ `~.' ~ ~~