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HomeMy WebLinkAbout07-4595` ~ . ~4 Stipulations Against Liens SCOTT A. MILLIGAN and LISA M. MILLIGAN Owner BERACAH B UILDERS Contractor AUGUST 1, 2007 ~1u tCje court of ~ommou ~fea~ ~tCouutp of Cumberland Docket Number p`j - ~-/5~.~ /-2 L~ Page Number ~Cjerea,~, BERACAH BUILDERS ("Contractor") of 6585 CARLISLE PIKE, MECHANICSBURG, PA, has entered into a contract with SCOTT A. MILLIGAN and LISA M. MILLIGAN ("Owner") of 24 Farmhouse Lane, Carlisle, PA 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 103 Meadowbrook Farms, Carlisle, PA 17013Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which SCOTT A. MILLIGAN and LISA M. MILLIGAN are the title holder of record; and ~Cjerea~, 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. ,~o1u, ~GCjf~ ~greemeut ~ftue~~etfj: 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. dub 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 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 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: MI M. MILLIGAN Pennsylvania Term 20 BERACAH~BQUILdERS BY ~_~?~l ~- r SCOTT A. MILLIGAN t~Wl~ .~ File No. 28782MILLIGAN See Attached Exhibit A LEGAL DESCRIPTION All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot No. 103, as shown on a plan entitled, "Meadowbrook Farms; Final Subdivision Plan Phase IV" dated September 24, 2004, by PennTenra Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being a southerly corner of Lot No. 102 and lying in a northerly ILW line of Old Coach Lane; thence along said R/W S51°06'03"W, 82.73 feet to an iron pin; thence continuing along said R/W, along a curve to the right, having a chord bearing of S64°51'08"W, a chord distance of 83.20 feet, a radius of 175.00 feet and an arc length of 84.00 feet to an iron pin, lying in a northerly line of said lot and lying in an easterly line of Future Phase 5; thence along said lands N03°10'59"W, 186.31 feet to an iron pin, lying in an easterly line of said lands and being a southerly corner of Lot No. 101; thence along said lot N60°03'54"E, 55.46 feet to an iron pin, lying in a southerly line of said lot and being a westerly corner of Lot No. 102; thence along said lot S38°53'57"E, 162.40 feet to an iron pin, being the place of beginning, containing 0.436 acres. Lot No. 103 is subject to a 10' utility/sidewalk easement along its street frontage. BEING PART of the same premises which MARY VERDELLI, by Deed dated January 4, 1989, and recorded January 5, 1989, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book T-33, Page 296, granted and conveyed unto PAMAY DEVELOPMENT CO., INC., A PENNSYLVANIA CORPORATION, Grantors herein. BEING THE SA E PR MISES which Pamay Development Co., Inc., a Pennsylvania corporation by their Deed dated _~Zil ~ ~d ,2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cu Berland, Pennsylvania, granted and conveyed unto Scott A. Milligan and Lisa M. Milligan, husband and wife, Mortgagors herein. ALTA Commitment Schedule A (ccnhnued) ~\ Cam. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o Kd "~ ~' ,m ~ , ~- ~ c-~ n~~ _ ;. ~ ~ N C.] C L , ~ ~ ~y ~_ w r, i1'1 w