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HomeMy WebLinkAbout02-5202Stipulations Against Liens CHARTER HOMES AT DARTMOUTH GREEN, INC., A PENNSYLVANIA CORPORA TION Owner CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORA TION In the Court of Common Pleas County of Cumberland Docket Number Page Number , Pennsylvania Term 1~ Whereas, on this 18th day of October, 2002, CHARTER HOMES AT DARTMOUTH GREEN, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 5665 CHARLTON WAY, LOT 39, DARTMOUTH GREEN, Mechanicsburg, PA 17055,, Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY is the title holder of record; and Whereas, 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. 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 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. 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 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 hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHARTER ~-[OMES AT DAF~TMOUTH GREEN, INC., Owner File No, 02-8905CDFN ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylvania, being: UNIT NUMBER: Lot 39 in Dartmouth Green, a Planned Commumty as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Misc. Book 670, Page 309; and First Amendment in Misc. Book 685, Page 3042 (referencing Subdivision Plan recorded at Plan Book 82, Page 150 and Plan Book 84, Page 88). SUBJECT to all easements, rights-of-way, covenants, agreements and restrictions of record. Julie Elizabeth Masters, Plaintiff Diallo Seiko Duncan, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-5302 CIVIL TERM : : PROTECTION FROM ABUSE MOTION FOR CONTINUANCE Plaintiff, Julie Elizabeth Masters, by and through her attorney, David A. Lopez and Joan Carey of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. A Temporary Protection From Abuse Order was issued by this Court on November 1, 2002, scheduling a'hearing for November 5, 2002 at 3:30 p.m. 2. The Cumberland County Sheriffs Department deputized the Dauphin County Sheriff' s Department to serve Defendant with a certified copy of the Temporary Protection From Abuse Order and Petition for Protection From Abuse. Defendant has not been served. 3. Plaintiff requests that the hearing be rescheduled pending further Order in this matter. 4. Plaintiff requests that the Temporary Protection From Abuse Order remain in effect through May 1, 2004, or until further Order of Court, whichever comes first. WHEREFORE, Plaintiffrequests that the Court grant this Motion and reschedule this matter for hearing, and that the Temporary Protection From Abuse Order remain in effect through May 1, 2004, or until further Order of Court, whichever comes first. Respectfully Submitted, David A. Lopez, Attomey~fo~blaintiff Joan Carey, Attorney for Plaintiff MidPerm Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Julie Eli zabeth Masters, Plaintiff Diallo Seiko Duncan, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5304 CIVIL TERM : : PROTECTION FROM ABUSE OR DER FOR CONTINUANCE AND NOW, this~_~/~day of November, 2002, upon consideration of the attached Motion for Continuance, scheduled for heating on November 5, 2002 at 3:30 p.m. by this Court's Order of November 1,2002, this matter is hereby rescheduled for heating on December 11, 2002 at 11:00 a.m. in Courtroom No. 3 on the 4th Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. The Temporary Protection From Abuse Order shall remain in effect through May 1, 2004, or until further Order of Court, whichever comes first. By the Court, David Lopez, Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Diallo Seiko Duncan, Pro Se Defendant Cumberland County Sheriff's Department esident Judge