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HomeMy WebLinkAbout09-5906St slationtAgainst Liens SCOTT A. MILLIGANAND LISA M. MILLIGAN Chvner BERACAHBUILDERS, LLP AUGUST 11, 2009 In the (Court of Common PCea.5 Countp of Cumberland , Pennsylvania Docket Number QCJ- 's`?G x 2 6 Term 20,01 Contractor Page Number Iftrea%, BERACAH BUILDERS, LLP ("Contractor") of Mechanicsburg, Pa, has entered into a contract with Scott A. Milligan and Lisa M. Milligan ("Owner") of 212 Westpoint Drive, Carlisle, Pa 17013, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #117 Meadowbrook Farms, Carlisle, PA 17013, Middlesex 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 Vbereas, 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. ,QoW, Tbis; fgreement Vitnes;.Veth: 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. ZInb 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. 20, 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: SC TT MILLIGAN 1 6i 6 A A. MILLIGAN BERACAH BUILDERS, LLP BY ?'- SCOTT A. MILLIGAN File ,J lo.. 3%241 MILLIGAN All that certain tract of land situated in Middlesex Township, County of Cumberland, Commonwealth of Pennsylvania, being Lot No. 117, as shown on a plan entitled "Meadowbrook Farms; Final Subdivision Plan Phase IV" dated September 24, 2004, by PennTerra Engineering, Inc., State College, PA, being bounded and described as follows: BEGINNING at an iron pin, being a westerly corner of Lot No. 116 and lying in an easterly R/W line of Farmhouse Lane; thence along said R/W, along a curve to the right, having a chord bearing of North 21 degrees 02 minutes 28 seconds West, a chord distance of 107.33 feet, a radius of 175.00 feet and an arc length of 109.09 feet to an iron pin; thence continuing along said R/W North .03 degrees 10 minutes 59 seconds West, 66.58 feet to an iron pin, lying in an easterly line of said R/W and being a southerly comer of Lot No. 118; thence along said lot North 86 degrees 49 minutes 01 seconds East, 133.39 feet to an iron pin, being an easterly corner of said lot and lying in a westerly line of Future Phase 8; thence along said lands South 22 degrees 39 minutes 06 seconds East, 81.60 feet to an iron pin, lying in a westerly line of said lands and being a northerly corner of Lot No. 116; thence along said lot South 51 degrees 06 minutes 03 seconds West, 157.25 feet to an iron pin, being the place of BEGINNING. CONTAINING 0.439 acres, more or less. Lot No. 117 is subject to a 10' utility/sidewalk easement along its street frontage and one half of a 20' wide drainage easement along is easterly boundary. BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation, by Deed dated May 10, 2006, and recorded May 10, 2006, in the Office of the Recorder of Deeds In and for the County of Cumberland, Pennsylvania, in Book 274, Page 2691, granted and conveyed unto S $ A Custom Built Homes, Inc., now known as S & A Homes, Inc., a Pennsylvania Corporation, Grantor herein. BEING the same premises which S & A Custom B 'it Homes) Inc" now known as S & A Homes, Inc., a Pennsylvania Corporation by their Deed dated 17 009 and about to be recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, granted and conveyed unto Scott A. Milligan and Lisa M. Milligan, husband and wife, as tenants by the entirety, Mortgagors herein. ALTA Commitment Schedule A (continued) #P. I% t 1 7 29u9 A'JI G C &&V N// A-(J",de ?