HomeMy WebLinkAbout04-5806Stipulations Against Liens
File Number 04-16534C
CHARTER HOMES AT
VERSANT, INC., A
PENNS YL VANIA
CORPORATION
OWl'lE.r
In the Court of Common Pleas County of
Cumberland
Docket Number
, Pennsylvani,
Term 19
CHAR TER HOMES BUILDING
COMPANY
Contractor
Page Number
Whereas, on this 29th day of October, 2004, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER PA 17601 has entered into a contract with CHARTER HOMES AT VERSANT, 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 5009 AMELIA'S PATH WEST, LOT 19,
VERSANT, Mechanicsburg, PA 17050,, Hampden Township, Cumberland, Pennsylvania described in Exhibit "A" hereof
of which CHARTER HOMES AT VERSANT, 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 b(
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for lab(
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 A~'eement 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 intendin!
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 laborer
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 erectk
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 PI~
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorne'
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 subcontra
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any p
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 m~
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning th
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
SANT lNG,, OWNER
BERT P. BOWMi~PRESIDENT
~'H~COM PAN.Y', CON
R~BERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00,DOC
File No. 04-16534CDFN
ALL THAT CERTAIN parcel of real property, situate in Hampden Township, Cumberland County, Commonwealth of
Pennsylvania, being:
UNIT Number 19 of Versant at Pinehurst, a Condominium as established by the filing of Declaration of
Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in and
for Cumberland County, Pennsylvania in Misc. Book 689, Page 940 with Plat recorded in right-of-way Plan Book
13, Page 14; First Amendment in Misc. Book 699, Page 4852 with Plat recorded in right-of-way Plan Book 13,
Page 46; Second Amendment in Misc. Book 701, Page 2753 with Plat recorded in right-of-way Plan Book 13, Page
47; Third Amendment in Misc. Book 705, Page 2465 with Plat recorded in right-of-way Plan Book 13, Page 52;
Fourth Amendment in Misc. Book 705, Page 4717; and Fifth Amendment in Misc. Book 705, Page 4866 with Plat
recorded in right-of-way Plan Book 13, Page 55.
PULATION AGAINST LIENS- 2-8-00.DOC