HomeMy WebLinkAbout01-1767Against Liens
CHARTER HOMES AT
DARTMOUTH GREEN, INC., A
PENN$ I Z FA NJ~t
CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY
Contr.'tot
CUMBERLAND
Docket Number o / . / ?t~ -?
Page Number
~erea~;, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601
has entered into a contract with CHARTER HOMES AT DARTMOUTH GREEN, 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 LOT 20, HAMPDEN TOWNSHIP, CUMBERLAND,
PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES AT DARTMOUTH GREEN, INC., A
PENNSYLVANIA CORPORATION is the title holder of record; and
~Oerea~, 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.
.,,.,.,.,.,.,.,.,.~Zom, ~q~i~ ~[gretment ~itae~ttO: 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, materialman, 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 flied 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,
materialman and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and
work and labor done.
~[Itb 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.
~llll, 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 remisa, release, and quit claim all
rights and all manner of errors, defects and imperfections whatsoever in entedng such satisfaction of in anywise touching
~r concerning the same.
Witness our hand and seal the day and year aforesaid.
Rc =ert P. Bowman, Secretary
ULAT/ON AGAINST LIENS- 2-8-00
CHAI~~~~, INC.
BY: ~ - -
Robert P. Bowman, President
Robert P, Bowman, President
File No. 01-5453CDN
Exhibit "A"
ALL THOSE CERTAIN pieces or parcel of land, together with the buildings and
improvements thereon erected and the appurtenances thereto, situate in Hamden
Township, County of Cumberland, Commonwealth of Pennsylvania, being:
UNIT NUMBER: Lot 20 in Dartmouth Green, a Planned Community as established by the
filing of the Declaration of Covenants, Restrictions, Easements and Establishment of
Homeowners Associates for Dartmouth Green, a Planned Community in Hampden
Township, Cumberland County, Pennsylvania as recorded in the Office of, the- Recorder of~.
Deeds in and for Cumberland County, Pennsylvania in Record Book~ Page
(referencing Subdivision Plan recorded at Plan Book 82, Page 150).
SUBJECT to all easements, rights-of-way, covenants, agreements and restrictions of
record.
BEING THE SAME PREMISES which DARTMOUTH DEVELOPMENT COMPANY, A
PENNSYLVANIA LIMITED LIABILITY COMPANY by Deed dated March 23, 2001 and
intended for immediate recording in the Office of the Recorder of Deeds in and for
CUMBERLAND, Pennsylvania, granted and conveyed unto CHARTER HOMES AT
DARTMOUTH GREEN, INC., A PENNSYLVANIA CORPORATION, Mortgagor(s) herein.
EXHIBIT A TO MORTGAGE,DOC