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HomeMy WebLinkAbout13-1956 Stipulations Against Liens File Number C13 -37635 CHARTER HOMESAT In the Court of Common Pleas County of - MERIDIAN, INC., A zM w ' , -�v PENNSYLVANIA CORPORATION CD Owner Cumberland y° c , �n, rvania Docket Number /3 —H6_46 Term 19 CHARTER HOMES BUILDING Page Number COMPANY Contractor Whereas, on this 8th day of April, 2013, CHARTER HOMES BUILDING COMPANY ('Contractor ") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT MERIDIAN, INC., A PENNSYLVANIA CORPORATION ( "Owner') of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 for the erection or construction of a MULTI FAMILY DWELLING upon the lot of ground known as BUILDING C, LISBURN ROAD, Lower Allen Township, Cumberland, Pennsylvania described in Exhibit "A" hereof, of which CHARTER HOMES AT MERIDIAN, INC., A PENNSYLVANIA CORPORATION is the title holder of record, and Whereas, 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. Now, This Agreement Witnesseth: 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. And 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. And, 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. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHARTM HOMES AT MERIDIAN, INC. BY: JASO GROPE, VICE P ESIOENT CHARTffq HOMES BUILDING COMPANY BY: JAS N GRUPE, VICE 4 ay. o °p o/ STIPULATION AGAINST LIENS- 2 -8 -00 ✓ P Ne'l, IF 16 File No. C13- 37635DFN ALL THAT CERTAIN parcels of real estate situate in Lower Allen Township, County of Cumberland, Commonwealth of Pennsylvania, described as follows, to wit: UNIT C in Towns at Meridian, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Towns at Meridian, a Planned Community in Lower Allen township, Cumberland County, Pennsylvania ( "Declaration ") of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument No. 201233297; and First Amendment in Instrument No. 201309026 with Plat in Instrument No. 201309026, and as may be amended. STIPULATION AGAINST LIENS- 2 -8 -00 i