Loading...
HomeMy WebLinkAbout12-6575Stipulations Against Liens Scott A. Milligan and Lisa M. Milligan Owner Beracah Builders, LLP Contractor October 12, 2012 In the (court of Common Plea.9 Countp of Cumberland , Pennsylvania Docket Number 5-75- M L-1) Term 20 Page Number Wberea!g, Beracah Builders, LLP ("Contractor'), has entered into a contract with Scott A. Milligan and Lisa M. Milligan ("Owner") of 14 Old Coach Lane., Carlisle, Pa 17015, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 233 Cherokee Drive, Lot #6, Mechanicsburg, PA 17050, Hampden 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 Vhereas, 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. Robs, Tbi.9 agreement 10itne00etb: 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. Znb 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. anb, 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: 1 00 :41 Nd ZZ 100 ZIOZ AVIONQH108d Ni 30 ;,y, 00 fd 4 CcAdlf Ad?-- 4 3/r;- 4'?- ?- o171 0--" w 12:11:...... File No. 31974MILLIGAN ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at the northernmost point of intersection of Lot No. 5 and Lot No. 6 with the southern boundary line of Cherokee Drive (a 50 foot wide right of way) on the hereinafter mentioned Plan of Lots; Thence along the southern boundary line of Cherokee Drive South 18 degrees 46 minutes 45 seconds East a distance of 34.23 feet to a point; Thence continuing along the southern boundary line of Cherokee Drive by a curve to the left South 43 degrees 19 minutes 45 seconds East an arc distance of 66.60 feet to a point of intersection with Lot No. 1 on the hereinafter Plan of Lots; Thence along the boundary line of Lot No. 1 South 63 degrees 35 minutes 15 seconds West a distance of 89.15 feet to a point; Thence continuing along the boundary line of Lot No. 1 North 30 degrees 21 minutes 45 seconds West a distance of 114.83 feet to a point of intersection with Lot No. 5; Thence along the boundary line of Lot No. 5 North 71 degrees 13 minutes 15 seconds East a distance of 106.98 feet to a point, THE POINT AND PLACE OF BEGINNING. BEING Lot No. 6 on the Preliminary/Final Subdivision Plan of the Michael Ryan Cherokee Drive Subdivision prepared by Hartman and Associates, Inc. Dated August 16, 2001, revised September 19, 2001, and recorded in Cumberland County Plan Book 80 Page 84. BEING the same premises which Joyce M. Ryan, un-remarried widow, by Deed dated November 18, 2010, and recorded November 23, 2010, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, as Instrument No. 201034157, granted and conveyed unto Michael G. Papson and Christina S. Papson, husband and wife. BEING the s ape premises which Michael G. Papson and Christina S. Papson, husband and wife by their Deed dated ?- \ 2-- , 2012 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 Scoff L. Milligan and Lisa M. Milligan, husband and wife, Mortgagors herein.