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HomeMy WebLinkAbout10-0695l 16 Stipulat&s Against Liens J' -- - WILLIAM H. GOODLING AND KELLY 1 GOODLING Owner WILLIAMH. GOODLING CONSTRUCTION Contractor JANUARY 13, 2010 3n the (Court of Common 301eag QCountp of Cumberland , Pennsylvania Docket Number 44 4Z Term 20 Page Number Wbereag, WILLIAM H. GOODLING CONSTRUCTION ("Contractor") of 395 ALISON AVENUE, MECHANICSBURG, PA 17055, 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 ATTACHED DWELLINGS upon the lots of ground known as Lots 3,4,5,6,7,8,9 & 10 Grants Cove, Enola, Pa 17025 East Pennsboro 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 Vbereag, 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. Aow, Tbio fgreement Vitneggetb: 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. Zub 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. Rub, 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: 6Z 0 V!J 9Z Or 010Z 311-L J/ 60 44 4't 3ia 6?3 ,?U* D34 91e r EXHIBIT "A" ALL THOSE CERTAIN lots known as Lots Nos. 3,4,5,6,7,8,9, & 10 situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania for the Final Re-Subdivision and Land Development Plan for Grants Cove Development. Plan recorded in Instrument Number 2007-44983. BEING part of the same premises which William M. Plazina, Jr. Executor of the Estate of Dorothy A. Blazina, by Deed dated march 31, 2006 and recorded April 20, 2006 in the Office of the Recorder of Deeds in and for County of Cumberland, Pennsylvania, in Book 274, page 595, granted and conveyed unto William H. Goodling and Kelly J. Goodling, Mortgagors herein. ALSO BEING part of the same premises which Harold L. McKinney and Bambi L. McKinney, husband and wife by their Deed dated April 3, 2006 and recorded April 20, 2006 in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Deed Book 274, page 602, granted and conveyed unto William H. Goodling and Kelly J. Goodling, husband and wife, Mortgagors herein.