HomeMy WebLinkAbout01-0620Stipulations Against: Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORA TION
VILLA GE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORA TION
Jln toe Court of Common ~lea* Cauntg of
CUMBERLAND
Docket Number
Page Number
· Pennsylvania
Term 2001
'~l[lerea~, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA
has entered into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION
("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PENNSYLVANIA for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as LOT 65, LOGANS RUN, MECHANICSBURG, PA 17025, EAST
PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA described in Exhibit "A" hereof, of which
CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and
~gI~¢rea~, it is the intention of Owner and Contractor that neither said {at 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.
~2atu, ~;l~i~ ~tllreement ~ggitne~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 furnished and work and labor done.
~ 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.
~lzb, 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
3ontractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
;ubcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
~r materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
~ereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court,
erin and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
)ntained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner
'errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the
Witness our hand and seal the day and year aforesaid.
md and sealed in the presence of:
'~TION AGAINST LIENS- 2-8-00.DOC
File No. 01-5130CTLM
ALL THAT CERTAIN tract of land situate in the East Pennsboro Township, Cumberland County, Pemasylvania, known as Lot No.
65 of Logan's Run, Phase III as described in that certain Final Subdivision Plan, Phase/II Logan's Run as recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as fo/lows to wit:
BEGINNING at a point on the northern dedicated right-of-way line of Logans Run at the dividing line of Lot #64 and Lot #65; thence
by same North forty~six degrees two minutes fifty-four seconds West (N 46° 02' 54" W) eighty and zero hundredths (80.00) feet to a
point at the dividing line of Lot #66 and Lot #65; thence by line of Lot #66 North forty-three degrees fifty-seven minutes six seconds
East (N 43° 57' 06" E), one hundred and zero hundredths (100.00) feet to a point on line of lands now or formerly of Ovidio Acri;
thence by lands now or formerly of Ovidio Acri South forty-six degrees two minutes fifty-four seconds East (S 46° 02' 54" E), eighty
and zero hundredths (80.00) feet to a point on the dividing line of Lot #64 and Lot #65; thence by line of Lot #64 South forty-three
degrees fifty-seven minutes six seconds West (S 43° 57' 06" W), one hundred and zero hundredths (100.00) feet to a point on the
not,hem right-of-way line of Logans Run, the place of BEGINN/NG.
JLATION AGAINST LIENS- 2-8-00,DOC