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HomeMy WebLinkAbout08-2078r Stipulations Against Liens MICHAEL A. BURDICK and SCOTT A. MILLIGAN owner BERACAH B UILDERS Contractor MARCH 20, 2008 ~n the court of common ~Cea~ c~ountp of Cumberland Docket Number Page Number b8 ~ ~?S m~ Pennsylvania Term 20 ~I)erea~, BERACAH BUILDERS ("Contractor") of ,has entered into a contract with MICHAEL A. BURDICK and SCOTT A. MILLIGAN ("Owner") of ,for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot # 25, Meadowbrook Farms„ Phase V,North Middleton 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 ~C~erea~, 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. ,~obu, ~>hi~ agreement ~itne~getlh: 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 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 ail 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: MICHAEL A.nBU~RDICK ~r~~-X_X '----~ SCOTT A. MILLIG N BERACAH BUILDERS BY ~ ~ ~ MICHAEL A. BURDICK BY ~ ~---,..__ SCOTT A. MILLiGA LEGAL DESCRIPTION CowKy, ~ ~ ~AT~ ~bo~-a oe p~~ i~ Nair Middleeon Townes Cu ~ 4aoHbad ~ d~atad Juaa Z0, ZOOS by PemrT ~~ Tnc.ooit Farnu~ Fitil,3ubdivi~ ~ ~. ~~ PA, being bounded ~GII~IN~TG at an itor~ pin. lytag In • "°~'t6ab' corner aa<T.at No. 26; thwroe R/Vi- line of Old Coach IaN and being a Y caner of ssid bt and Eying ~~ said la SS 49'01 "W, 20000 fat ea ap MagN, et ua (1'ax Par+cei 29-15- ' ~ of 1~ nntr Pin, being a 100.00 Brat b an iron 1231.41A, AB I4-F/I I9k ~o °~ ~' °~' fO^~'iY b~- Robrt C. No. Z4; lbarroe lion p~' ~ is an asarJy line otsaid Lndr M~ lam N03'10'S9"W, lot and Iyfng in a ~abr iot Ni6'~g'Ol'~ ZOO.oo drat m ad ;non Pin, bein ;'O"'Y corner of Lot to an iroa p~ big ~ ~~ ~ o>FOId Coach Lahti tbena along ad ~lY corner of said beBm~g, i 0.459 aot~ea. 9"5.100.00 }~ Isis Lot No. Zs u subject bo a ZO' ~~ rb~ulna P eaameat aJoAg ,p N,p~h, boundary, g° rent along is southerly bounday and a flood BEING PART OF THE SAME PREMISES which MARY VERDELLI, by Deed dated Janua 4 19 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 298, granted and conveyed unto PAMAY DEVELOPMENT C 89, and PENNSYLVANIA CORPORATION. O., INC., A BEING T E SAME PREMISES which Pamay Development Co., Inc. a Pennsylvania co dated ~ ,2008 and about to be recorded in the Office of the Recorder of Deeds County of Cumberland, Pennsylvania, granted and conveyed unto Michael A. Burdick and S~~ by heir Deed Mortgagors herein. in and for the colt A. Milligan, ALTA Commitment Schedule A (continued) ~ ~ u w c ,~ fi ~ ~ __ C:~ , ~~ --- ~.:, ~3 ~"' _ _;, r ~ { .._ ;;; . ' 1 r t -. ~: ~, a ::. r'i _ ~ l ~~Ce~ ' ~' ~ ~