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HomeMy WebLinkAbout10-0713lD 7/3 I Ln STIPULATION AGAINST LIENS 001PH R THIS AGREEMENT made and concluded this 28th day of January, 2010, between RANDALL L. GOODLING and JOAN M. GOODLING (here inaf ter called "Owners"), and TANANINI HOMES, LLC (hereinafter called "Contractor"). WHEREAS the said parties have by a duly executed Agreement bearing even date herewith, entered into a written contract for the erection and completion of a residential dwelling to be erected on 835 Tamanini Way, Mechanicsburg, Cumberland County, Pennsylvania, a copy of the legal description attached hereto and made a part here of as Exhibit "A" in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claim or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for an in consideration of the awarding to him by Owner of said contract as aforesaid, as well as the further consideration of one ($1.00) Dollar to him paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen or laborers for work done or material furnished under said contract for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND in order to give the Owners full power and authority to protect themselves and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them, it, or in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialsman, or Materialsmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialsman, or his or their name against said building or buildings, lot or lots 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 and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals dated the day and year first above written. WITNESSES: CONTRACTOR: TAMANINI HOMES, LLC B? OWNERS: =L. GOODLING M. GOODING I Randall L. doodling JoaYi M . 1 W ? W n ,I. C3 All that certain tract of land situated in Monroe Township, Cumberland County, Pennsylvania, being a portion of Tax Parcel 22-09-0541-011 known as Trindle Station as depicted on the Final Subdivision Plan for Section 1 of Trindle Station - Phase 2 prepared by Alpha Consulting Engineers, Inc. having Instrument Number 200801802 assigned in the Cumberland County Recorder of Deeds office, being more particularly described as follows: BEGINNING at a point on the southern right-of-way of Tamanini Way, said point being a common lot corner of lot 96 herein conveyed and Lot 97 as shown on the aforementioned Subdivision Plan; thence along the southern right of way line of Tamanini Way North 30 degrees 59 minutes 10 seconds East, a distance of 106.11 feet to a point at the dividing line of Lot 95; thence along Lot 95 South 59 degrees 00 minutes 50 seconds East, a distance of 104.28 feet to a point at the dividing line of Lot 93; thence along Lot 93 South 30 degrees 59 minutes 10 seconds West a distance of 106.11 feet to a point at the southeastern corner of aforementioned Lot 97; thence along Lot 97 North 59 degrees 00 minutes 50 seconds West a distance of 104.28 feet to a point on the southern right of way line of Tamanini Way, the Place of BEGINNING. CONTAINING 11,412.55 square feet (0.254 acres) and being Lot 96 of the Final Subdivision Plan for Section 1 of Trindle Station - Phase 2.