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HomeMy WebLinkAbout09-0057~s y Stipulations Against Liens .SERACAHBUILDERS, LLP Owner DECEMBER 12, 2008 ~Jn tfje court of ~ommou ~Cea~ ~Couutp of Cumberland BERACAH BUILDERS, LLP Docket Number ~~^ ~6 S 7 /~1 Ll,~ Contractor Page Number Pennsylvania Term 2t~(J ~~jerea~', BERACAH BUILDERS ("Contractor") of 6585 CARLISLE PIKE MECHANICSBURG, PA 17050, has entered into a contract with BERACAH BUILDERS, LLP ("Owner") of 6585 Carlisle Rd., Mechanicsburg, Pa 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 106 Meadowbrook Farms, Carlisle, PA 17013Middlesex Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which BERACAH BUILDERS, LLP is the title holder of record; and ~fjerea~, 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 fir labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. ,tutu, ~fjis ~greemeut ~itue~~et~j: 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 tabor 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: BERACAH BUILDERS, LLP BYl-t MI HAE A. BURDICK BY ~' SCOTT A. MILLIG 1 ,~~~9 MICHAEL A. BURDICK r--- SCOTT A. MILLIGAN File No. 29464BERACAHBUI All that certain tract of land situated in Middlesex Township, Cumberland County, PA, being Lot No..106, as shown on a plan entitled, "Meadowbrook Farms; Final Subdivision Plan Phase IV" dated September 24, 2004, by PennTema Engineering, Inc., State College, PA, being bounded and described as follows: Beginning at an iron pin, being a northerly cornea of Lot No. 105 and lying in a southerly R/W line of Old Coach lane (50'RlWj; thence along said It/W N51°06'03"E, 103.00 feet to an iron pin; thence continuing along said R/VV and along Farmhouse Lane (50'R/W), along a curve to the right, having a chord bearing of 583°53'S7"E, a chard distance of 35.36 feet, a radius of 25.00 feet and an arc length of 39.27 fod to an iron pin; thence continuing along said lt/W, the following two causes and distances: S38°53'S7"E, 83.23 feet to an iron pin; thence along a curve to the right, having a chord bearing of S25°59' 1 I "E, a chord distance of 78.22 feet, a radius of 175.00 feet and an arc length of 78.88 feet to an iron pin, lying in a westerly line of said R/VV and being a northerly comer of Lot No. 107; thence along said lot S76°55'36"W, 122.78 feet to an iron pin, being a westerly coma of said lot and an easterly corner of Lot No. 105; thence along said lot N38°53'S7"W, 130.97 fed to an iron pin, being the place of beginning, containing 0.461 acres. Lot No. 106 is subject to a IO' utility/sidewalk easement along its street frontage. BEING E SAME PREMISES which Pamay Development Co., Inc., a Pennsylvania corporation by their Deed dated _,2007 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Scott A. Milligan and Lisa M. Milligan, husband and wife, Mortgagors herein. ~ ~ ~~ \~ '~ ~ CiC~, i C~ ~ ^a ~~ ~ ~^~ 1.+'~ ~J _~ _ C { j ~ '_{ 7 a '~ Ct ., 7 r_ .~ ^'~ j -~ t Ci cH