HomeMy WebLinkAbout13-1953 Stipulations Against Liens
APRIL 5, 2013
3n the Court of Common J3Ieao Countp of
Beracah Builders, LLP Cumberland
Owner , Pennsylvania
Beracah Builders, LLP Docket Number Term 20
Contractor
Page Number
30bereag, Beracah Builders, LLP ( "Contractor ") of 6211 Whitehill Drive, Mechanicsburg, Pa 17055, has entered
into a contract with Beracah Builders, LLP ( "Owner ") of 6211 Whitehill Drive, Mechanicsburg, Pa 17055, for the erection or
construction of a S94GLE FAMILY DWELLING upon the lot of ground known as Lot #123, Meadowbrook Farms, 48
Countryside Drive, 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
Iftereag, 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.
Rotn, Thig agreement Vitneggetb: 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.
anb 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:
Beracah Builders, LLP
BY
MichWA
Scott A. Milligan, member
Beracah Builders, LLP
By
�Burdi&, h m
ese It�SK��a Scott A. Milligan, member
c ow �1�Z
ax
,,�b�oNOHI °03-��� C� L4 PIS
33100
File No. 32185SERACAH
LEGAL DESCRIPTION
ALL THAT CERTAIN tact of land situmed in nddhom Tevradi* Cumber 1- A County, PA,
be" Lot Noh.12.3, aq sown oast plan entoA "Madawbroolc Fanha:, Final Subdivision Plan, P6nae VII,"
dated April 10, 2008 by PenriTerm Engiaeering, inc., Stott Cbn@M PA, recorded leuury 25, 2010 as
instrument number 201002071, bounded and described of folk wa:
All that certain tact of land sMWW in Middlesa Township, Cumberland County, PA, bead Lot
123, as shown on a plan entitled, `Meadowbrook Fortas Final Subdivision Plan Phae V11 ", dated April 10,
2006, by PennTerra Engineering. Inc., State Collook PA, being bounded and described as follows:
Beginning at an iron pin being an easterly comer of Lot 122 and lying in a southerly R/W line of
Country Side Drive (50' RMW duri e, along said R/W along a curve to the left having a chord bearing of
S54 °59'47" E, a chord distance of 107.12 feet, a radius of 325.00 feet, and an arc length of 107.61 feet to an
iron pin lying along said R/W and being a northerly corner of Lot 124; thence, along said lot S25 1'04"W
206.74 feat to an iron pin being a common corner of lots 124, 128, 113, and 114; thence, along Lot 1 14 and
along Lot 115 N25*5 I' 10"W 184.26 feet to an iron pin being an easterly corns of Lot 115, and a southerly
corner of Lot 122. thence, along Lot 122 N44 "E 117.76 beet to an iron pin, being the piece of
beginning, containing 0.380 acres.
Lot 123 is subject to a 10' wide utility alt sidewalk easement along its street frontage and a wetlands
conservation easement along its southwesterly boundary.
BEING On 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 T33,
Pape 296, granted and conveyed unto Panay Development Co., Inc. a Pennsylvania business corporati)n.
BEING the same premises which Pamay Development Co., Inc. by Deed doled s- ;�—" � ' 2013
and about to be recorded in the Office of the Recorder of Deeds in and for the County of Curfiberland,
Pennsylvania, granW and conveyed unto Beracah Builders, LLP, Mortgagor herein.
ALTA Commitment
SdWUO A (conftred)