Loading...
HomeMy WebLinkAbout07-0631 A , Stipulations Against Liens MICHAELA. BURDICK and SCOTT A. MILLIGAN ]n tbe ~ourt of ~ommon ~Ieas ~ountp of Cumberland , Pennsylvania Owner Berach Builders Docket Number 0 ~ . (,:31 /Vt J.. .() Term 20 Contractor Page Number Wbereas, Berach Builders ("Contractor") of 6585 Carlisle Pike, Mechanicsburg, PA 17050, has entered into a contract with MICHAEL A. BURDICK and SCOTT A. MILLIGAN ("Owner") of 6585 Carlisle Pike, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 39 Sir William Drive, Newville, PA 17241 North Newton Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which MICHAEL A. BURDICK and SCOTT A. MILLIGAN 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. ~ow, urblS ~greement 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 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. ~nll 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. ~nll, 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 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: -l~&~ -- MICH~1 ~. ~. Z?- SCOTT A. ILLlGA BERACH BUILDERS ~ BY~~~ ~ r--,:) = c:::> --.I .." rT1 co I o -n -f :r:..,., nlp -om :uy :;:1~ c5 I'tl s;! ::.0 -< -:....... _ot.... ~ N o ~ . " LEGAL DESCRIPTION TRACT 2: ALl1'H08E CERTAIN lr8cI8 or..,. or 18nd 8iIu_ In the T ownlhfs; North Newton. County of Cumbertand and Commonweelth of Pennsyfvanl. more particularly described 88 'ollowl, to wft: BEGINNING al a point on the 80utllem rlglll of way Une of Sir WRllam Drive (50 feet wiele), also being the diving line ~ Lot No. 38 and lot No. 35 on the h8f8/nafter rwferenced plan; thence Sir WI/Iam Drive on a ClIr11l1lllthe right having a radius of 150.00 feet, an B/l: leng/h or 190.58 feet and a chord bearing of North 50 desr- 38 minutes 44 Hc:onds East for a distance of 178.02 feet 10 a point on the dMdlng Une between Lot No. 34 and Lot No. 35; thence along the dividing line between Lot No. 34 and Lot No. 35 South 02 d8llN88 571l1/nufea 24 secondll Easl for a dl8fance of 118.65 feet 10 a point On the dividing fine between LotNo. 31 and Lot No. 35; th_ along the dividing line between lot No. 31 and Lot No. as South 43 degrees 23 minutes 20 S8C0ncfe Wasl for a diSl8nce of 38.48 re.t 10 e /lOInI on the dIvkIIng line betwwen Lot No. 38 and Lot No. 35 North; thenoe along the dividing line between lot No. 38 and Lot No. 35 NOrth 75 deg,.. 45 minutes 08 S800nda Weet for a distance of 122.37 feet III a point on the SOUlhem right of way Une of Sir W/Hiam OlIve, the polnl and place of BEGINNING. REINO Lot No. 35 on the Final Subdivision Plan for North Newton Hils, Phaee iii, dated March 2, 2005 and /'Bearded Aprtt 12, 2008 In the Cumberland County omce of the Recorder of Deeds In Plan Book 92, Page 49. UNDER AND SUBJECT 10 the Declaration of CO\l8n&nta and RestrlctIons for NOI/h Newton HU" Fhase iii as I'8C:Orded In Mlseellaneous Book 729, Page 437. BEING PART OF the same premises which James C. Costopoutos. William C. Costopoulos and WHliam C. Kolias. by Deed dated November 16. 2004. and recorded February 17. 2005. in the Office 01 the Recorder of Deeds in and lor the County of Cumberland. Pennsylvania. in Book 267. Page 2857. granted and conve,ed unto aIde Forge Builders - Newville. Inc.. A Pennsylvania Corporation. IT ALSO BEING THE SAME PREMISES WHICt/ Ide Forge Builders _ Newville. Inc. a Penns,lvania CorporatIon. by ,ts Deed dated \ilL .,) . 2007. and about to be recorded in the Office at the Recorder 01 Deeds in and lor Cumberl Cou ty. PennSyl'ania. granled and conve,ed unto Scott A 1."lIIgan. married ,ndiy,dual. and MiChael A Burdick. married indiv,dual. I.tortgagors here,n f~ ~ - fIlt 00 \r\ ....... 0() ",. y-, VJ ~ d " -c: 0 r ~ '" f ~ '" = = --.l ...,., f"T"1 co I o -n .-1 I-n rnr -0 fn ~YJO -~l [ .'~:,~-; C~,} "--!-:l ~fI;~ ;:--1 ...D-- .n -< -n ......,:..- N .. 00