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HomeMy WebLinkAbout06-7203 ."F ........... Stipulations Against Liens SCOTT A, MILLIGAN and LISA M. MILLIGAN ]n tbe QCourt of ([ommon ~[eas ([ountp of Cumberland , Pennsylvania Owner SCOTT A, MILLIGAN Docket Number ()lJJ - '1d.C3 ML.D Term 20 Contractor Page Number ~m6t- / ~ 0200& Wbereas, Scott A. Milligan ("Contractor") of Mechanicsburg, PA, has entered into a contract with SCOTT MILLIGAN and LISA MILLIGAN ("Owner") of Mechanicsburg, PA, for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Farmhouse Lane, Lot 111, Middlesex Township" Carlisle, PA 17013, Cumberland County, Pennsylvania, described in Exhibit "A" hereof, of which SCOTT MILLIGAN and LISA MILLIGAN are the title holder of record; and Wbereas, 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. jF}olu, ~bis )Elgreement Witnessetb: 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. )Elnb 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. )Elnb, 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 anyone 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: -- -. J..... LEGAL DESCRIPTION All that certain tract ofland situated in Middlesex Township, Cumberland County, PA, being Lot No, 111, as shown on a plan entitled, "Meadowbrook Farms; Final Subdivision Plan Phase IV" dated September 24, 2004, by PemnTerra Engineering, Inc., State College, PA, beina bounded and described as follows: Beginning at an iron pin. beina a northerly comer of Lot ~o, 110 and lying in a southerly RlW line of Farmhouse Lane; thence along said RIW, alon, a curve to the left, havinl a chord bearing of N01'22'09''Et a chord distance of69.12 feet, a tadius of 60.00 feet and an arc length of 73,66 feet to an iron pin, lying in an easterly line of said RJW and beinl a southerly comer of Lot So. 112; thence along said lot N88~6'S4"E, 169,86 feet to an iron pin, being an easterly comer of said lot and lying in a westerly line of Future Phase 8; thence along said lands SlOo48'SS"E, 205,44 feet to an iron pin, being a southerly comer of said lands and lying in a northerly comer of Future Lands; thence alona said lands S7203~'34"W, 60.16 feet to an iron pin, lying in a northerly line of said lands and beiq an easterly corner of Lot No, 110; then.ce along said lot N47"27'39"W, 216.90 feet to an iron pin, beJnS the place of beainning, containing 0,697 acres. Lot No. 111 is subject to a 10' utility/sidewalk easement aloDa its street frontaae one half of a 20' wide drainage easement along westerly boundary. ~EING 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 Vol 33' Page 296, granted and co~~e.yed unto Pamay Development Co, Inc., a Pennsyl~ania Business' Corporatio~. ' ~T ~LSO BEING. PART'~ OF M SAM I? ~ ~ES CH Pamay Development Co., Inc., a Pennsylvania uSlness corporation, dated . i ( , 2006, and about to be recorded in the Offic~.of the Re~order of.., as In and for Cumberland County, Pennsylvania, granted and conveyed unto Scott A. Milligan and LIsa M. MIlligan, husband and wife, Mortgagors herein. f7Q '&. 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