HomeMy WebLinkAbout01-1720 FX
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, ~tiPulation's Against Liens
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CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
In the Court of Common Pleas County of
Owner
CUMBERLAND
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CHARTER HOMES BUILDING
COMPANY
Docket Number
fL.. 0/- /7~ /hLO
Page Number
Contractor
Whereas, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601
has entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION
("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 LOGANS RUN, MECHANICSBURG, PA 17025, , EAST PENNSBORO
TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA CORPORATION 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, materiais 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 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 hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
BY:
R bert P. Bowman, President
ATT~~
BY:
Robert P. Bowman, Secretary
STIPULATION AGAINST L1ENS- 2-B-OO.DOC
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STIPULATION AGAINST L1ENS- 2-S-00.DOC
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CHARTE
BY:
Robert P. Bowman, President
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Robert P. Bowman, Secretary
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'File No'-01-5286CDN
ALL THAT CERTAIN tract ofland situate in East Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 137
of Logan's Run, Phase III as described in that certain Final Subdivision Plan, Phase III Logan's Run as recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as follows to wit:
BEGINNING at a point on the northern dedicated right-of-way line ofLogans Run at the dividing line of Lot #79 and Lot #137;
thence by the northern right-of-way line of Logans Run, South fifty-nine degrees seventeen minutes twenty-one seconds West (S 590
17' 21" W), forty-seven and eighty-eight hundredths (47.88) feet to a point; thence by said right-of-way by curve to the rightbaving a
radius of one hundred twenty-five and zero hundredths (125.00) feet and an arc length of thirteen and zero hundredths (13.00) feet,
the aforesaid arc being traversed by a chord bearing of South sixty-two degrees sixteen minutes five seconds West (S 620 16' 05" W),
and a chord distance of twelve and ninety-nine hundredths (12.99) feet to a point; thence continuing by the northern right-of-way line
of Logans Run, South sixty-five degrees fourteen minutes forty-nine seconds West (S 65014' 49" W), thirty-four and forty
hundredths (34.40) feet to a point at the dividing line of Lot #136 and Lot #137; thence by line of Lot #136, North twenty-four
degrees fifty-four minutes eleven seconds West (N 24054' 1\" W), one hundred seventeen and zero hundredths (1\7.00) feet to a
point on lands now or formerly of Susan Magaro; thence by land now or formerly of Susan Magaro and land now or formerly of
Ovidio Acri, North sixty-five degrees fourteen minutes forty-nine seconds East (N 650 14' 49" E), ninety-five and zero hundredths
(95.00) feet to a point at the dividing line of Lot #79 and Lot #137; thence by line of Lot #79, South twenty-four degrees forty-five
minutes eleven seconds East (S 240 45' 1\" E), one hundred eleven and thirty-five hundredths (111.35) fect to a point on the northern
right-of-way line of Logans Run, the place ofBEGlNNING.
BEING SUBJECT to the western half of a twenty-five (25) foot wide Drainage Easement as shown on the above mentioned
subdivision plan.
STIPULATION AGAINST L1ENS- 2.8-00.DOC
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