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Stipulations Against Liens
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File dumber 08-28117C
CHARTER HOMES AT
HARRISBURG, INC., A
PENNSYLVANIA CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORA T/ON
Contractor
In the Court of Common Pleas County of
Cumberland
Pennsylvania
Docket Number ~~ •...S~.S 7 3 ~ Nl Term 19
Page Number
Whereas, on this 15th day of September, 2008, CHARTER HOMES AT HARRISBURG, 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 for the erection or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as 39 BELLA VISTA DRIVE, LOT 7, BELLA VISTA, MECHANICSBURG, PA
17050, ,Silver Spring Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER
HOMES BUILDING COMPANY 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:
CHARTER HOMES AT RRISBURG, INC., Owner
BY:
obert C. Rathsam, Vice-President
CHARTER HOMES BUILDING COMPANY, Contractor
By: ~...
obert C. Rathsam, Vice-President
DARTMOUTH STIP-RATHSAM.DOC
File No. 08-28117CDFN
ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland County, Pennsylvania, more
particularly bounded and described as follows, to wit:
Unit Lot 7 in Bella Vista, a Planned Community as established by the filing of the Declaration of Bella Vista, a Planned
Community of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book
731, Page 2625, as amended by Amendment to Declaration of Bella Vista of record in the Office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania as Instrument No. 200806414 ("Declaration").
DARTMOUTH STIP-RATHSAM.DOC
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