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HomeMy WebLinkAbout07-0632 ,. ,/ Stipulations Against Liens MICHAEL A. BURDICK and SCOTT A. MILLIGAN ]In tbe (lCourt of (lCommon ~(eas (lCount!' of Cumberland , Pennsylvania Owner Berach Builders Docket Number () 7 . {, 3:l /h /... D Term 20 Contractor Page Number Wberea5', 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 37 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 Wberea5', 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, mbi5' ~greement Witne5'5'etb: 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. ~nb 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. ~nb, 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: ~~E~/ MICHAEL A~URDICK ~-" SCOTT A. MILLIGAN BERACH~ ~ BY~ 02~ .....;:: -c-l --' " ~ f'\) o f'-..;l r.::::::. c.:::::. ...", ;:;j CO I ~ ::rJ il'i:J::; -,-,r- ~:~n-: ..uri '~-") ~r ~'5~1 :;>-(") Onl -'i )".:. :'JJ -< - -;') ::I::: ,," / LEGAL DESCRIPTION ALL THOSE CERTAIN tnlctI or parcell of land situate In the TownshIp of North Newton. County of Cumbertand and Commonwealth of Pennlytvanl. more particularly described I. foIlowe, to wft: TRACT 1: IEGINNING at a point on the southern right of way Ifn. of Sir Wltlam Drive (50 feet wide). alia being the dividing line between Lot No. 36 and Lot No. 34 on the hereinafter referenced plan; thence Sir Wiaiam Drive on 8 curve to the right having a radiu. of 150.00 feet, an arc length of 139.16 feet and a chord bearing of South 88 degrees 22 minutes 45 seconde E..t for a distance of 134.22 feet to . point on the dividing IIn. between Lot No. 33 and Lot No. 34; thence alOng 1M dividing 11n. between Lot No. 33 and Lot No. 34 South 50 degrees 11 minutes 54 seconds Weet for a dlatance of 130.00 feet to a point on the dividing Iln. between Lot No. 31 and Lot No. 34; thence along the dividing fine between Lot No. 31 and Lot No. 34 North 38 degree. 48 mlnutee 08 seconds We. for . distance of 82.88 feel to a point on the dividing 11n. between Lot No. 35 and Lot No. 34: thence along the dividing IIn. between Lot No. 35 and Lot No. 34 North 02 degrees 57 mInutes 24 seconds West for a distance of 116.65 feet to a point on the southern right of way fine of Sir WHnsrn Drive the po'nt and place of BEOfNNINO. ' SIIING lot No. 34 on the Final SubdlvtaJon Plan for North Newton Hilla Phue III. dated March 2.2005 and t'8Q;)rded Apri' 12.2008 In the Cumberland County Otrlce of the Recorder of Deed, in P'an Book 92, Page 49. BEING the same premises which James C. Costopoulos, William C. Costopoulos and William C. Kollas, by Deed dated November 16, 2004, and recorded February 17, 2005, in the Office of the Recorder of Deeds in and for the Coun~ of Cumberland, Pennsylvania, in Book 267, Page 2857, granted and conveyed unto Olde Forge Builders _ Newville, Inc., A Pennsylvania Corporation. IT ALSO BEING THE SAME REMISES WHIC Ide Forge Builders _ Newville, Inc. a Pennsylvania Corporation. by its Deed dated , 2007. and about to be recorded in the Office of the. Recorder. of. D~e.ds in and r Cumberl County, Pennsylvania, granted and conveyed unto Scott A. Milligan, marned IndiVidual. and Michael A. 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