HomeMy WebLinkAbout02-0154· Stipulations Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY
Contractor
CUMBERLAND
Docket Number 7~. 0.~.
Page Number
· Pennsylvania
Term 19
~[lerea2~, on this 4th day of January, 2002, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY,
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 FALKSTONE DRIVE,
MECHANICSBURG PA 17050,, HAMPDEN TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A"
hereof, of which CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION is the title holder of
record; and
~[~erea~, 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.
.~oW, ~BiS Agreement ~J~itneSset[~: 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.
~[l[b 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.
~[tlb, 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.
Signed and sealed in the presence of:
Witness our hand and seal the day and year aforesaid.
CHABy:~~ ~R O E UI G C MPANY R
R~BERf P.~OWMAN, PRESlDENT
C H A F~T~ O~ E S./~U I L~,~.~M PA N~y, B U..~[L/;;~R
BY: V V '-" ~'' -
ROBERTR P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File N~o. 01-7130CDFN
ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern dedicated right-of-way line of Falkstone Drive, said point being on the dividing line of Lots
#537 and #610 of Highlands Square Phase VII; thence by the southern dedicated right-of-way line of Falkstone Drive and crossing the
Hampden and East Peunsboro Township line, South seventy-seven degrees fifty-four minutes zero seconds East (S 77° 54' 00" E),
one hundred twenty-two and zero hundredths (122.00) feet to a point; thence by Lot #611 and crossing the Hampden and East
Peunsboro Township line, South twelve degrees six minutes zero seconds West (S 12° 06' 00" W), one hundred fifteen and zero
hundredths (115.00) feet to a point; thence by Lots #527 and #528 of Highlands of Hampden Square, Phase VI, recorded in Plan
Book 76, Page 50 in the Office of the Recorder of Deeds Cumberland County, North seventy-seven degrees fifty-four minutes zero
seconds West (N 77° 54' 00" W), one hundred twenty-two and zero hundredths (122.00) feet to a point; thence by Lot #537, North
twelve degrees six minutes zero seconds East (lq 12° 06' 00" E), one hundred fifteen and zero hundredths (115.00) feet to a point; the
place of BEGINNING.
BEING Lot No. 610 as shown on the Final Subdivision Plan of The Highlands of Hampden Square, Phase VII, as
recorded February 26, 1998 by the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book
80, Page 55.
STIPULATION AGAINST LIENS- 2-8-00