HomeMy WebLinkAbout01-2671~iipulafions Against Uens
CHARTER HOMES BUILDING ~fn t~e (ourt of (ommon plea~ ~ountp o[
COMPANY, A PENNSYLVANIA
CORPORATION
O~r CUMBERLAND
, Pennsylvania
c'~ cD
Docket Number ~ /.
VILLAGE HOME BUILDER& 7'~_ ? ' -'- .. :'
F-~'l' ! ..~_,
INC., A PENNSYLVANIA
CORPORATION ~ :~ '..
Page Number ~: " ' :: ·
Contractor ~' ~:i' .'7. ",'..:"
t~gIl~rt, a~, VILI_~GE HOME BUILDERS, lNG. ('Contractor") of t 14 FO×SHIRE DRIVE, LANCASTER, PA t 7601 has
ontemd into a contract with CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION ('Owner'') of
114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for tho erection or construction of a SINGLE FAMILY DWELLING upon
the lot of ground known as EDENBERRY WAY, LOT 81, MECHANICSBURG, PA 17025,, EAST PENNSBORO
TOWNSHIP, CUMBERLAND, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA CORPORATION is the title holder of record; and
t~[~,t'l~a~, 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 fumished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
.~r,t~, ~l)i~ ~[grl~ement ]~tw, l~,t~: 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 delively 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, laborars 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, mafarialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~[nl~ 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 fumished 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.
~[al~, 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 in'evocably authorizes and empowers any Attorney of any Court of Common Pleas
of tho 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 imper~ctions whatsoever in entering such satisfaction of in anywise touching or conceming the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
By~~NY, OWNER
B~IL~TR&cTOR
R BERTP. BOWMAN, ~
LOGAN'S RUN STIP.DOC
'F~le No. 01.5577CDN
ALL TI-IAT CERTAIN Iract of land situate in East Peunsborn Township, Cumberland County, Pennsylvania, known as Lot No. 81 of
Logan~ Run, Phase Ill as described in thai certain Final Subdivision Plan, Phase Ill Logans Run as ~corded in the Office of thc
Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 74, Page 92, as follows, to wit:
BEGINNING at an eastern ex~'emity of an arc connecting the eastern dedicated right-of-way line of Edmdeny Way and the southern
dedicated right-of-way line of Logans Run; thence by the southern right-of-way line of Logans Run, North sixty-five degrees fourteen
minutes forty-nine seconds East (N 65° 14' 49" E), seventy-five and zero hundredths (75.00) feet to a point at the dividing line of Lot
#82 and Lot #81; thence by line of Lot #82, South twenty-four degrees forty-five minutes eleven seconds East (S 24° 45' 11" E), one
hundred seventy and zero hundredths (I 70.00) feet to a point on the dividing line of lands of other lands of Logans Run and lands of
Logans Run, Phase I; thence by other lands of Logans Run, South sixty-five degrees fourteen minutes forty-nine seconds West (S 65°
4 49 W), one hundred and zero hundredths (I 00.00) feet to a point on the eastern right-of-way line of Edenderry Way; thence by
the eastern right-of-way line of Edundeny Way, North twenty-four degrees forty-five minutes eleven seconds West (N 24" 45' 11"
W), one hundred forty-five and zero hundredths (145.00) feet to a point; thence by same by a curve to the ri
twenty-five and zero hundredths (2S.00) feet and un re I~.o~h ^c ,~,;..,~.. - . ght having a radius of
arc being ~aversed _ a .....~ ........ ~-nme aun twenty-seven hundredtha (39.27) feet, the aforesaid
by a chord bearing of Nurth twenty degrees fourteen minutes fifty seconds East ('N 20° 14' S0' E) and a chord
distance of thirty-five and thirty=six hundredths (35.36) feet to a point on the southern right=of-way line of Logans Run, the place of
BEGINNING.
SUBJECT to a drainage easement as shown on above mentioned subdivision plan.
LOGAN'S RUN STIP. DOC