HomeMy WebLinkAbout03-2160. Sti~etions Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORA TION
Owner
VILLAGE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORATION
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
, Pennsylvania
03- ,P~ 1(0o Term l 9
Page Number
Whereas, on this 18th day of April, 2002, VILLAGE HOME BUILDERS, INC. ('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 195 EDENDERRY WAY, LOT 111, LOGANS RUN, Enola,
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, 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:
C COMPANY, OWNER
-'- P. BOWMAN, PRESIDENT
VII~iH~ME~IL~~/INC., CONTRACTOR
BY: I/VI/~ ~
~uBE'~T P. BOWMAN, PRESIDENT
LOGAN'S RUN STIP
;
File ~o. 03-10436CDFN
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern extremity of an arc connecting the western dedicated right-of-way line of Edenderry
Way and the southern dedicated right-of-way line of Wexford Drive; thence by the western right-of-way line of Edenderry
Way South nine degrees thirty-nine minutes nineteen seconds East (S 09° 39' 19" E), seventy-seven and thirty-four
hundredths (77.34) feet to a point; thence by line of land now or formerly of East Pennsboro Athletic Commission, Inc.,
South eighty-five degrees six minutes thirty-one seconds West (S 85° 06' 31" W), ninety-eight and ninety-nine hundredths
(98.99) feet to a point at the dividing line of Lot #112 and Lot #111; thence by line of Lot #112 North four degrees fifty-three
minutes twenty-nine seconds West (N 04° 53' 29" W), one hundred and zero hundredths (100.00) feet to a point on the
southern right-of-way line of Wexford Drive; thence by said right-of-way line North eighty-five degrees six minutes thirty-
one seconds East (N 85° 06' 31" E) sixty-seven and sixty-five hundredths (67.65) feet to a point; thence by same by a
curve to the right having a radius of twenty-five and zero hundredths (25.00) feet and an arc length of thirty-seven and
nineteen hundredths (37.19) feet to a point on the western right-of-way line of Edenderry Way, the place of BEGINNING.
BEING Lot #111 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27.
SUBJECT TO a snow dump easement as shown on the above mentioned subdivision plan.
SUBJECT TO other restrictions and conditions as shown on the above mentioned subdivision plan.
LOGAN'S RUN STIP