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HomeMy WebLinkAbout10-7131Stipulations Against Liens WILLIAM H. GOODLING AND KELLY,I. DOODLING Owner WILLIAM H. DOODLING CONSTRUCTION Contractor NOVEMBER 9, 2010..:,~~ ~fn tfje court of ~ommou ~teag ~Courctga Cumberland ~-= ~a :~ .,._, 4 Docket Number :~f 1©-7/ 3 ~ ~<.~ Page Number "~ .~i,> ~~7 I e ~~~ ~ans~~nia _..~ ,._. ~ _ W; ~' __ ~~~ Tin 20 ~. ~fjereag, WILLIAM H. DOODLING CONSTRUCTION ("Contractor") of 395 ALISON AVENUE MECHANICSBURG, PA 17055, has entered into a contract with William H. Doodling and Kelly J. Doodling ("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 75 Stone Run Drive, Mechanicsburg, PA 17050, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which William H. Doodling and Kelly J. Doodling are the title holder of record; and ~Fjerea~, 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. .~o~n, ~fjfg ~greemeut ~itnegsetl~: 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. ~tCb 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. ~>tb, 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 materialmen, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialmen, 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 impertections 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: ~° ,u , o p pd Ceda~L/ ~.~~t ~~ a~a~ ~ mss-/ o >~3 File No. 30802GOODLING LEGAL OESCRtPTION ALL THAT CERTAIN Lot in the property known, named and identified in the Declaration, referred to below, as '9N~nut Point Phase IIi~ a Pisrmed Community," located in Silver Spring Township, Cumberland County, Pennsylvania, which has heretofore been submitted to the Pennsylvania Uniform Planned Community Ad, 88 Pa.C.S.A. ~'o osions of the amended, by the recording in the Office of the Recorder ~ ~ ~ ~•' as County, Pennsylvania, the Declaration for WaMut Point °f Cumberland Community, a Residential Planned Common N ase Ill, a Planned recorded July 31, 2007, in the Ofiice pf ~ (Dedaradon ), dated July 27, 2007, County in Miscellaneous Book 738, P ROCO~er of Deeds of Cumberland as Lot No. age 4728, and designated in such peclaration 109 (Identifying Number), described in Section 2.2 of the Declaration, and shown (and described) in Exhibit B of the Declaration. CONTAINING 0.3253 acres, more or less BEING lot No. 105, Final Subdivision Plan for Walnut Point Phase III dated Ma 9 2005, last revised August 3, 2008, recorded in the of Cumberland County, Pennsylvania, in Plan Hook g03 pageme ReCO~er of r~s BEING the same pr~nises which ~yd J. Edris and Shirley M. Edris, husband and wife, 1996, and recorded May 1, 1996, in the Office of the R by Deed dated April 26, Pennsylvania, in l3odc 138, Page 518, granted and conve e ~ ~ DBe~ in and for the County of Cumberland, wife. yed unto Harold D. Stoner and Marilyn L. Stoner, his B'~~~ ~~emises wh~h Harold D. Stoner and Mari L. Stoner, ,2010 and about to be r ~ his wife by their Deed dated for the County of Cumberland, Pennsylvania, granted and~~ in the Office of the Recorder of Deeds in and Goodling, husband and wife, Mortgages herein. yed unto William H. Goodling and Kelly J.