HomeMy WebLinkAbout03-4877Stipulations Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
O~ner
VILLAGE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORATION
In the Court of Common Pleas Cotmty of
Cumberland
Docket Number
Page Number
· Pennsylvania
Term 19
Whereas, on this 5th day of September, 2003, VILLAGE HOME BUILDERS, INC. ('Contractor") of f 14 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 913 SUSAN CIRCLE, LOT 121,
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 {hereon 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,
materiaimen, 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 authorit7, 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:
OM~OMPANY, OWNER
BY:
ROBERT P. BOWMAN, PRESIDENT
VIIF~RACTOR
BY:
I~OBERT
P. BOWMAN, PRESIDENT
LOGAN'S RUN STIP
File No. 03-12329CDFN
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 northern dedicated right-of-way line of Susan Circle at the dividing line of Lot
#120 and Lot #121; thence by the northern right-of-way line of Susan Cimle South sixty-two degrees fifty-five
minutes fifty-three seconds West (S 62° 55' 53" W), eighty and zero hundredths (80.00) feet to a point at the
dividing line of Lot #122 and Lot #121; thence by line of Lot #122 North twenty-seven degrees four minutes
seconds West (N 27° 04' 07" W), one hundred and zero hundredths (100.00) feet to a point at the dividing line
of Lot #123 and Lot #121; thence by line of Lot #123 North sixty-two degrees fifty-five minutes fifty-three
seconds East (N 62° 55' 53" E), eighty and zero hundredths (80.00) feet to a point at the dividing line of LOt
#120 and Lot #121; thence by line of Lot #120 South twenty-seven degrees four minutes seven seconds East (S
27° 04' 07" E), one hundred and zero hundredths (100.00) feet to a point at the northern right-of-way line of
Susan Circle, the place of BEGINNING.
BEING Lot #121 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 82, Page 27.
SUBJECT to restrictions and conditions as shown on the above mentioned subdivision plan.
LOGAN'S RUN STIP