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Stipulations Against Liens
File Number 08-26762C
CHARTER HOMES AT
HARRISBURG, INC., A
PENNSYLVANIA
CORPORATION
Owner
~fn tfje court of c~ornmon ~ieas ~ountp of
Cumberland
Pennsylvania
CHARTER HOMES B UILDING
COMPANY
Contractor
Docket Number
Term 19
Page Number
~hereas~, on this 1st day of February, 2008, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG,
INC., 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 50 BIANCA COURT, BELLA VISTA,
LOT 50, MECHANICSBURG, PA 17055, Silver Spring Township, Cumberland, Pennsylvania described in Exhibit "A"
hereof, of which CHARTER HOMES AT HARRISBURG, INC., A PENNSYLVANIA CORPORATION is the title holder of
record; and
~Ijerea~, 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.
,~ot>v, ~Lhi~ ~greentent ~ttueg~ettj: 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.
~u0 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.
~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 far 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 SAT HARRISBURG, INC., OWNER
BY:
ROB C. RATHSAM, VICE PRESIDENT
CHARTER HOMES BUILDING COMPANY,
CONT
BY:
ROB C. RATHSAM, VICE PRESIDENT
STIPULATION AGAINST LIENS- 2-8-OO.DOC
'~
LOT NO. 50:
ALL THAT CERTAIN lot or tract of land situate in Silver Spring Townshi
Pennsylvania, more particularly bounded and described as follows, to wit: p' Cumberland County,
BEGINNING at a point on the eastern right of way line of Bianca Court at t
he northwest corner of Lot
No. 49; thence along said right of way line, North nine degrees ten minutes f -
(N 09° 10' 44" W), ninety-three and sixty-six hundredths (93.66) feet to a orty four seconds West
same by a curve to the left, said curve having a chord bearing and distanceooftN hence along the
thirty-nine minutes thirteen seconds West (N 10° 39' 13" W), nineteen and th' °rth ten degrees
feet, a radius of three hundred seventy-five and zero hundredths (375.00 fe ~~ hundredths (19.30)
nineteen and thirty hundredths (19.30) feet to a point being the southwest corn
thence along Lot No. 51, North sevent -seve ) et and an arc distance of
Y n degrees fifty-two minutes nineteen seconds East (N
77° 52' 19" E), two hundred thirty-seven and sixty-one hundredths (237.61 fe
northwest corner of Lot No. 29; thence along Lot No. 29, South seventeen de
minutes fifty-eight seconds West (S 17° 37' ) et to a point being the
hundredths (134.79) feet to a point being the northeast corner grees thirty-seven
58 W), one hundred thirty-four and seventy-nine
South seventy-nine degrees fourteen minutes five seconds West (S 79 914~ence along Lot No. 49,
seventy-six and six hundredths (176.06) feet to a point, being the place of BEGINNING ~ one hundred
BEING Lot No. 50 on a Final Subdivision Plan for Bella Vista prepared b R. J. '
Inc. Y Fisher & Associates,
STIPULATION AGAINST LIENS- 2-8-OO.DOC
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