HomeMy WebLinkAbout09-1238..._.
Stipulations Against Liens
File Number 08-27897C
CHARTER HOMES AT
HARRISBURG, INC., A
PENNSYLVANIA
CORPORATION
Owner
CHARTER HOMES Bi_IILDING
COMPANY, A PENNSYLVANIA
CORPORATION
~n tlje CCourtt of rrCommon ~Ceag ~ountp of
Cumberland
Docket Number ~~ ' /o? 3 ~ ~/~~
Page Number
Contractor
Pennsylvania
Ter»r~~~~
~Ijerea~, on this 18th day of February, 2009, CHARTER HOMES BUILDING COMPANY, ('Contractor") of 1190
DILLERVILLE ROAD, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG,
INC., A PENNSYLVANIA CORPORATION ("Owner") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 for the
erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 47 BELLA VISTA DRIVE,
LOT 3, BELLA VISTA, MECHANICSBURG, PA 17050, 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.
,~otp, ~Gtjig agreement ~ftneg~etl): 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 fumished and work and labor done.
~nb 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.
~nb, 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 atl 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:
STIPULATION AGAINST LIENS- 2-8-0O.DOC
CHARTER HOMES T HARRISBURG, INC, OWNER
BY:
JOHN FULLMER, JR., ICE ESIDENT
CHARTER HOMES ILDING COMPANY,
CONT T R
BY:
JOHN ULLMER, ., VICE ENT
,. _
File No. 08-27897CDFN
ALL THAT CERTAIN lot or tract of land situate in Silver Spring Township, Cumberland C
Pennsylvania, more particularly bounded and described as follows, to wit: ounty,
BEGINNING at a point on the northern right of way line of Bella Vista Drive at the southwest cor
Lot No. 2; thence along said right of way line by a curve to the right, said curve havin a ner of
bearing and distance of South si 9 chord
xty-six degrees forty-six minutes twenty-six minutes West (S 66° 46'
26" W), fifty-six and twenty-three hundredths (56.23) feet, a radius of two hundred seven -five
zero hundredths (275.00) feet and an arc distance of fi tY and
to a point; thence along the same, South seventy-two degrees thirtyieightrminutes th~i the (56.33) feet
West (S 72° 38' 31" W), seventy-six and fifty-two hundredths (76.52) feet to a poi t be nconds
southeast corner of Lot No. 4; thence along Lot No. 4, North twenty-five degrees thirteen minutes
fifty-one seconds West (N 25° 13' 51" W), one hundred seventy-one and sixty-three hundr s
(171.63) feet to a point at lands now or formerly of Susquehanna Conference of the Breth edths
Christ Church, Deed Book 241, Page 459; thence along said lands, North sixty-four de rees fo n m
minutes nine seconds East (N 64° 46' 09" E), one hundred thirty-two and zero hundredths 1 2 0 ix
feet to a point being the northwest corner of Lot No. 2; thence along Lot No. 2, South twen - 0)
degrees thirteen minutes fifty-one seconds East (S 25° 13' S1" E), one hundred eighty-four and efive
hundredths (184.08) feet to a point, being the place of BEGINNING. ght
BEING Lot No. 3 on a Final Subdivision Plan for Bella Vista prepared by R. J. Fisher & Associa
Inc. tes,
STIPULATION AGAINST LIENS- 2-8-OO.DOC
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