HomeMy WebLinkAbout09-4179Stipulations Against Liens
JUNE 16, 2009
Iu the Court of Common Vtea5 Couutp of
BERA CAH BUILDERS, LLP Cumberland
Owner
BERACAH BUILDERS, LLP Docket Number L//'7
Contractor
Page Number
, Pennsylvania
Term 200 ck
Vberea.5, BERACAH BUILDERS ("Contractor") of 6211 Whitehill Dr. MECHANICSBURG, PA 17050, has
entered into a contract with BERACAH BUILDERS, LLP ("Owner") of6211 Whitehill, Ift;hanicsburg, Pa 17050, for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 32, Phase 5,
Meadowbrook Farms, Carlisle, PA 17013, Middlesex Township, Cumberland County, Pennsylvania, described in
Exhibit "A" hereof, of which BERACAH BUILDERS, LLP is the title holder of record; and
Vbereag, 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.
PoW, Tbi.5 Rgreement Vttueggetb: 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.
Ztub 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.
Rub, 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
BY - 5- -
MICHAEL A. BURD K
BY ,?--
SCOTT A. MIL IGAN
MICHAEL A. BURDICK
SCOTT A. MILLIG
File No. 29464BERACAHBUI
Legal Description
Meadowbrook Farms
Lot 32
All that certain tract of land situated in North Middleton Township, Cumberland County, PA, being Lot
No. 32, as shown on a plan entitled, "Meadowbrook Farms, Final Subdivision Plan, Phase V," dated June 20,
2005, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows:
Beginning at an iron pin, lying in a westerly line of existing Phase 4 and being a northerly comer of Old
Coach Lane; thence along said R/W, along a curve to the right, having a chord bearing of N66'07'1 6"W, a chord
distance of 202.13 feet, a radius of 175.00 feet and an arc length of 215.48 feet to an iron pin, lying in a northerly
line of said R/W and being a southwesterly comer of Lot No. 33; thence along Lot No. 33N59009'1 5"E, 203.23
feet to an iron pin, being southeasterly corner of said lot and lying in a westerly line of existing Phase 4; thence
along the Phase 4 lands S03'1 0'59"E, 186.31 feet to an iron pin, being the place of beginning, containing 0.486
acres.
Lot No. 32 is subject to a 10' wide utility/sidewalk easement along its street frontage.
..
BEING 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 SAME PREMISES which Pamay Development co., Inc., a Pennsylvania corporation by its Deed
dated -V. J , 2009 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 Beracah Builders, LLP a Pennsylvania limited liability
partnership, Mortgagors herein.
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