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HomeMy WebLinkAbout11-0218~~~ i - 2~ ~ I~~~ Stipulations Against Liens January 4, 2011 ~n tC~e QZourt of common ~Ieag ~ountp of Beracah Builders, LLP Cumberland Owner ,Pennsylvania Beracah Builders, LLP Docket Number Term 20 Contractor Page Number ~fjereag, Beracah Builders, LLP ("Contractor") of 6211 Whitehall Drive, Mechanicsburg, Pa 17055, has entered into a contract with Beracah Builders, LLP ("Owner") of 6211 Whitehall Drive, Mechanicsburg, Pa 17055, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot #91, 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 ~fjerea8, 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, ~l~lig ~Cgreement ~litne~~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. ~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 fumished 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 ~gncerAing the same. ~:. ~-~ ` Witness our hands and seals the day and year aforesaid. ~~.. Signed and sealed in the presence of: _~T., ~ °.::~~;'" F..... ~: ---~ r ~. Beracah Builders, LLP ```' ~ ~ '~-~ "~ { ~;. ~;, By~~ ~ =; Scott A. Milligan _..,_ ,~.~~,,~ Michael A. Burdick Scott A. Milligan 0 Mic ael Burdl k ~$~., ~~ ~a(~to~~ pmt a535~Z File No. 31100BERACAHBUI ALL THAT CE)6tTAIlV tract of land situatod in Middlespc Township, Cumberland Courrty, PA, being Lot No. 91, a: shown on a plan entitled, "Meadowbrooic Farms, Final Subdiviaien Plan, Phase VI," dated March 24, 2006 by PennTerra IFrgineaing, Inc, State College, PA, reoocded is Plan Book 93 page 93, bounded and described es follows: Beginning at an imn pin, lying in a northerly R/W tine of Old Coacch Lane (50'R/VV) and being a southoasberly corns of Lot No. 92; thence along said lot N03°08' 17"W,164. t 9 Poet to an iron pin, being a northerly carver of said bt and lying in a southerly line of Lot No. 85; thence slang said lot N81°22'S1'3r, 100.27 feet to an iron pin, lying in a southpiy lia of said lot and being a northvhestia~ly carna of Got No. 90; thence along Lot No. 90 S08°37'09"E,160.00 fat to an iron pin, being a westerly carver of said lot and lying in a northerly IIWV line of Old Coech Lane (50'R/W); thence abng acid RIW, S81°22'S1 "W, 56.00 foot to as iron pin; thence cootinuing along said R/'W, along s curve to the kR, having a chord bearing of S78°06'07"W, a chord distance of 60.06 ~ s radiw of 525.00 fat end an arc length of 60.09 foot to as iraa Pin. being the place of begirming, containing 0.398 acres. 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, Mortgagor herein. BEING the same premises which Pamay Development Co., Inc., a Pennsylvania corporation by its Deed dated ~~Qa ~ 2~$ , 2011 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, Mortgagors herein.