The URL can be used to link to this page

Home My WebLink About07-6794Stipulations Against Liens File Number 07-26168C CHARTER HOMES AT HARRISBURG, INC., A PENNSYVLANIA CORPORATION Owner CHARTER HOMES BUILDING COMPANY Contractor ~1n tfje Court of ~ornmou ~[ea~ ~ountp of Cumberland Docket Number O'r- j,~,'7C~ c~ M ~,p Page Number Pennsylvania Term ~ ~tjerea~, on this 1st day of November, 2007, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG, INC., A PENNSYVLANIA 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 38,40,42,44 BELLA VISTA DR, Lots 53,54,55 &56, MECHANICSBURG, PA 17055, ,Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT HARRISBURG, INC., A PENNSYVLANIA CORPORATION is the title holder of record; and ~tjerea~, 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. .~obn, ~Fjf~ agreement ~ittte~~et>j: 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. ~ttD 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. ~1tb, 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: CHART AT HARRISBURG, INC., OWNER BY: ROB C. RATHSAM, VICE PRESIDENT CHARTER HOM BUILDING COMPANY, BY: ROBE T C. RATHSAM, VICE PRESIDENT STIPULATION AGAINST LIENS- 2-8-OO.DOC File No. 07-26168CDFN LOT 53 ALL THAT CERTAIN lot or tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot #53 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc., more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right-of--way line of Bella Vista Drive at the northeast corner of Lot #52; thence along said right-of-way line North seventy-two degrees thirty-eight minutes thirty-one seconds East (N 72° 38' 31" E), one hundred ten and seventy-seven hundredths (110.77) feet to a point being the northwest corner of Lot #54; thence along Lot #54, South twenty-four degrees thirty- nine minutes two seconds East (S 24° 39' 02" E), two hundred four and twenty-four hundredths (204.24) feet to a point being a western corner of Lot #28; thence along Lot #28, South one degree forty-three minutes twenty-four seconds East (S 01° 43' 24" E), twenty-seven and eight hundredths (27.08) feet to a point being the northeast corner of Lot #51; thence along Lot #51, North sixty-eight degrees thirty-eight minutes thirty-three seconds West (N 68° 38' 33" W}, one hundred forty-three and zero hundredths (143.00) feet to a point being the southeast corner of Lot #52; thence along Lot #52, North twenty-four degrees thirty-nine minutes two seconds West (N 24° 39' 02" W), one hundred forty and thirty-six hundredths (140.36) feet to a point, being the place of BEGINNING. LOT 54 ALL THAT CERTAIN lot or tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot #54 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc., more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right-of-way line of Bella Vista Drive at the northeast corner of Lot #53; thence along said right-of--way line North seventy-two degrees thirty-eight minutes thirty-one seconds East (N 72° 38' 31" E), four and eighty-three hundredths (4.83) feet to a point; thence along the same by a curve to the left, said curve having a chord bearing and distance of North sixty-three degrees seven minutes zero seconds East (N 63° 07' 00" E), one hundred seven and fifty-seven hundredths (107.57) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc distance of one hundred eight and six hundredths (108.06) feet to a point being the northwest corner of Lot #55; thence along Lot #55, South twenty-four degrees thirty-nine minutes two seconds East (S 24° 39' 02" E), one hundred fifty-five and zero hundredths (155.00) feet to a point being a northern corner of Lot #28; thence along Lot #28, South forty degrees nine minutes twenty- four seconds West (S 40° 09' 24" W), one hundred twenty-four and eight hundredths (124.08) feet to a point being an eastern corner of Lot #53; thence along Lot #53, North twenty-four degrees thirty- nine minutes two seconds West (N 24° 29' 02" W), two hundred four and twenty-four hundredths (204.24) feet to a point, being the place of BEGINNING. LOT 55 ALL THAT CERTAIN lot or tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot #55 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc., more particularly bounded and described as follows to wit: BEGINNING at a point on the southern right-of--way line of Bella Vista Drive at the northeast corner of Lot #54; thence along said right-f--way line by a curve to the left, said curve having a chord bearing and distance of North fifty-three degrees one minute forty-nine seconds East (N 53° 01' 49" E), six and thirty-six hundredths (6.36) feet, a radius of three hundred twenty-five and zero hundredths (325.00) feet, and an arc distance of six and thirty-six hundredths (6.36) feet to a point; thence along the same, North fifty-two degrees twenty-eight minutes ten seconds East (N 52° 28' 10" E), one hundred six and forty-six hundredths (106.46) feet to a point being the northwest corner of Lot #56; thence along Lot #56, South twenty-four degrees thirty-nine minutes two seconds East (S 24° 39' 02" E), one hundred eighty and nine hundredths (180.09) feet to a point on the northern line of Lot #27; thence along Lot #27 and Lot #28, South sixty-five degrees twenty minutes fifty-eight seconds West (S 65° 20' 58" W), one hundred ten and zero hundredths (110.00) feet to a point being the southeast corner of Lot #54; thence along Lot #54, North twenty-four degrees thirty-nine minutes two seconds West (N 24° 39' 02" W), one hundred fifty-five and zero hundredths (155.00} feet to a point, being the place of BEGINNING. LOT 56 ALL THAT CERTAIN lot or tract of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, being Lot #56 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associates, Inc., more particularly bounded and described as follows to wit: STIPULATION AGAINST LIENS- 2-8-OO.DOC BEGINNING at a point on the southern right-of-way line of Bella Vista Drive at the northeast corner of Lot #55; thence along said right-of-way line North fifty-two degrees twenty-eight minutes ten seconds East (N 52° 28' 10" E), sixteen and sixty-seven hundredths (16.67) feet to a point; thence along the same by a curve to the right, said curve having a chord bearing and distance of North sixty-one degrees seven minutes twenty-nine seconds East (N 61 ° 07' 29" E), thirty-seven and sixty-two hundredths (37.62) feet, a radius of one hundred twenty-five and zero hundredths (125.00) feet, and an arc distance of thirty-seven and seventy-seven hundredths (37.77) feet to a point; thence along the same, North sixty-nine degrees forty-six minutes forty-seven seconds East (N 69° 46' 47" E), twenty-seven and seventy-five hundredths (27.75) feet to a point; thence along the same by a curve to the right, said curve having a chord bearing and distance of South sixty-five degrees thirteen minutes thirteen seconds East (S 65° 13' 13" E), sixty-two and twenty-three hundredths (62.23) feet, a radius of forty-four and zero hundredths (44.00) feet, and an arc distance of sixty-nine and twelve hundredths (69.12) feet to a point on the western right-of-way line of Rich Valley Road, SR 1009, at its intersection with said southern right-of-way line; thence along said western right-of--way line South twenty degrees thirteen minutes thirteen seconds East (S 20° 13' 13" E), one hundred thirty-seven and fifty-eight hundredths (137.58) feet to a point being the northeast corner of Lot #27; thence along Lot #27, South sixty-five degrees twenty minutes fifty-eight seconds West (S 65° 20' 58' W), one hundred eleven and twenty-eight hundredths (111.28) feet to a point being the southeast corner of Lot #55; thence along Lot #55, North twenty-four degrees thirty-nine minutes two seconds West (N 24° 39' 02" W), one hundred eighty and nine hundredths (180.09) feet to a point, being the place of BEGINNING. STIPULATION AGAINST LIENS- 2-8-OO.DOC `~th V, J d --, s ~ .~, .~:. ' ~ ~~ ~ ~= i ; -; rr ~ ~. ~: ~ , - -~> .~ G ~ 4 ~