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HomeMy WebLinkAbout06-3900 -.. . Stipulations Against Liens WILLIAM H. GOODLING and KELLY J. GOODLING 3!n tbe \!COUtt of \!Common 1)}leas \!Count!' of Cumberland , Pennsylvania Owner William H. Goodling Construction Docket Number Of- - 3900 mw Term 20 Contractor Page Number July 5, 2006 Wbeuas. William H. Goodling Construction {"Contractor"} of Mechanicsburg, PA, has entered into a contract with WILLIAM H. GOODLING and KELLY J. GOODLING {"Owner"} of 395 Alison Avenue, Mechanicsburg. PA 17050. for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #107, Meadowbrook. Carlisle, PA 17013. Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which WILLIAM H. GOODLING and KELLY J. GOODLING are the title holder of record; and Wbereas. 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\D. ~bis )!lgreement Witnessetb: 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 curtllages 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. )!lnb 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. )!lnb, 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 anyone 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 salisfaclion of in anywise touching or concerning the same. Witness our hands and seals the day and year aforesaid. Signed and sealed in th ~ >.. . '. Leval Des.rlnllon call that certain tract of land situated in Middle_ Township, Cumberland County, P A,. being Lot No. 107 as shom> on a plan entided, "Meadowbrook Farms: Final Subdivision Plan Ph... IV" dated r 24, 2004, by PennTena Engineering, Inc., State College, P A, being bounded and described as follows: Beginning at an iron pin, being a southerly comer of Lot No.1 06 and lying in a westerly R/W line of Farmhouse Lane (SO'R/W): thence along said R/W, the following bearings and distances: along a curve to the right, having a chord bearing ofSOI'S2'SO"W. a chord disw>ce of 90.3 I feet, a rodius of 115.00 feel and an an: length of9lJS feet to an iron pin; thence SI6'SO'OS"W, 100.92 feet to an iron pin; the1ice along a curve to the right. having a chord bearing ofS43'49'OtW, a chord distance of22.69 feet, a radius of2S.oo feet and an an: length of 23.55 feet to an ~ pin: th.... a10na a.curve 10 the Jell. having a chord bearing of SS7'OS'17'W, a chord distance of2S.~5 feet, a ra/lius of~.oo feet and an arc ,"'gth of2S.62 feet to an iron pin, lying in a wosterly line of said R/W andbd/ng an ea5ierly comer of Lot No. 10S: thence along said lot N46'3I'36''W, 139.15 feet to an iron pjn, being a northerly comer of said lot and lying in a southerly line of Lot No. 105: thence along said let N29'10'l9"E, 108.91 feet to an iron pin, being an easterly comer of said lot and a southerly comer of Lot No. )06: thence along said lot N76'SS'36"E, 122.78 fcellO an iron pin, being the place of beginning. containing 0.556 8OI'CS. Lot No. 107 is subject to a 10' utility/sidewalk easem.entalong its Sll<et frontage. BEING THE SAME PREMISES WHICH PAMA Y DEVELOPMENT CO.,INC.. a Pennsylvania corpomtion. by ils deed dated June 27. 2006, and about to b<: recorded herewith in th~ Office of the Recorder of Deeds in and for Cumberland County. Pennsylvania. granted and ...:onveyed unto William H. Goodling and Kelly J. Goodling..husband and wife. Mortgagors nerein. -,::; i.. ...... ~ - ~ - \ i 1 \ .- ~ .c.o. ~ ~ ~ ~, ~ ~ ~:p J=- ~ ~ r ...., c-'" a a; ~:rl ~~ ~ "11 T":"':': rnp ((1 Ci ~ ~? C) en _:..,~ CCl "'"