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HomeMy WebLinkAbout13-0258201 JAfr 16 AN f0~ 25 ClF1~ER~gMO ~QUNTY p~NNS Yt~V,~N~A STIPULATION AGAINST LIENS Nicholas Butt and Erin Butt In the Court of Common Pleas of Owner Cumberland County, Pennsylvania 'I`L~ Tiday Property Management Docket Number ~ ,~- ~ S ~ Term 2013 Contractor Page Number Whereas, Tiday Property Management ("Contractor") of 123 Gettysburg Pike, Mechanicsburg, PA 17055 ,has entered into a contract with Nicholas Butt and Erin Butt ("Owners") of 408 Sorbie Lane, Mechanicsburg, PA 17050, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 408 Sorbie Lane, Silver Spring Township, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which Owners are the title holders of record; and Whereas, it is the intention of Owners 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 by Owners 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. ll""`~ ~~ gs~° Now this agreement, witnesseth: 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 Owners 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 cartilage or cartilages 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. And 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. And, in order to give the Owners full power and authority to protect Owners 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: ~~ ' I ~y1~3 Nicholas Butt Date Erin utt Date TIDAY PROPERTY MANAGEMENT By. ~ __~ Date File No. 12-1878GC ALL THAT CERTAIN tract or parcel of land being situated in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point located on the eastern right-of--way line of Sorbie Lane (50-foot right-of- way) at the northwest corner of Lot 99 on the hereinafter referenced Plan; thence along the northern boundary line of Lot 99, North 53 degrees 43 minutes 17 seconds East, a distance of 242.64 feet to a point on the western boundary line of land now or formerly of Geraldine F. Howard; thence along land of Howard, North 36 degrees 16 minutes 43 seconds West, a distance of 86.10 feet to a point at the southeast corner of Lot 97; thence along the southern boundary line of Lot 97, South 53 degrees 43 minutes 17 seconds West, a distance of 189.71 feet to a point along Sorbie Lane; thence along Sorbie Lane, South 04 degrees 38 minutes 44 seconds East, a distance of 101.13 feet to a point, the point and place of BEGINNING. BEING Lot No. 98 on the Final Subdivision Plan of Millfording Highlands, Phase IV, recorded July 20, 2012, in the Cumberland County Recorder of Deeds Office in Instrument Number 201221674, and CONTAINING 18,609.66 square feet or 0.4272 acres. ALSO BEING that certain Unit, being Unit No. 98 (the "Unit"), of Millfording Highlands, a Planned Community, which Unit is designated in the Declaration of Covenants and Restrictions for Millfording Highlands, a Planned Community (the "Declaration") and Declaration Plats and Plans recorded as an exhibit thereto in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, to Instrument Number 200730960, together with any and all amendments thereto.