HomeMy WebLinkAbout01-04373Shpulatic=s Against liens
CHARTER HOMES AT
DAR.I'IlOUTH GREEN, INC., A
PENNSYLVANIA
CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
Cararactor
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CUMBERLAND
Docket Number c9 / - Y 3`73 M ~ B
Page Number
Pennsylvania
Term 19
~Tjerea>f, on this 16th day of July, 2001, 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 forthe erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as LOT 15„ , HAMPDEN TOWNSHIP, CUMBERLAND, PENNSYLVANIA
described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY is the title holder of record; and
~t)ereasi, 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 Contractorto 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.
Motu, aGtjisi ~greemettt ~itnesi~etij: That Contractor, for and inconsideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.OD) 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, a'nd 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.
~ttb this agreement, waiving the right of lien by anyone, shall bean independent covenant and shall operate and be
effective with respect to work done and materials fumished 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.
~ttb, 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 materalman, 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 Contractordoes hereby remise, release, and'quit claim all rights an'd 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 ES AT AR OUTH GREEN, INC., Owner
BY:
Robert P. Bowman, President
CHART HOMES BU l ING COMPANY, Contractor
By:
Ro ert P. Bowman, President
DARTMOUTH GREEN STIP.DOC
,,...:
File No. 01-5050GDFN
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 15 in Dartmouth Green, a Planned Community 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 Record Book 670, Page 309 (referencing Subdivision Plan recorded at Plan Book 82, Page 150).
SUBJECT to all easements, rights-of--way, covenants, agreements and restrictions of record.
DARTMOUTH GREEN STIP.DOC