HomeMy WebLinkAbout14-0737 Stipulations Against Liens
File Number R14 -39629
CHARTER HOMES AT In the Court of Common Pleas County of
HARRISBURG, INC., A
PENNSYLVANIA CORPORATION
Owner Cumberland
^� ? Pennsylvania
Docket Number �' l J Term 19
CHARTER HOMES BUILDING Page Number
COMPANY
Contractor
Whereas, on this 31st day of January, 2014, CHARTER HOMES BUILDING COMPANY ('Contractor ") of 1190
DILLERVILLE ROAD, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES AT HARRISBURG,
INC. ( "Owner ") of 1190 DILLERVILLE ROAD, LANCASTER, PA 17601 for the erection or construction of a SINGLE
FAMILY DWELLING upon the lot of ground known as 95 BUTTERFLY DRIVE, LOT 19, SINCLAIR PARK,
MECHANICSBURG, PA 17055, , Monroe Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of
which CHARTER HOMES AT HARRISBURG, INC. 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:
CHARTER HOMES AT HARISBURG, INC. Owner
BY:
KEITH M. W(�KER, Vice - President
CHARTER HOMES BUILDING CO ANY, Cont .actor
By:
KEITH M. WORIkft, Vice - President
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DEER RUN STIP
File No. R14- 39629DFN
ALL THAT CERTAIN parcel of real estate situate in Monroe Township, Cumberland County,
Commonwealth of Pennsylvania, described as follows, to wit:
UNIT 19 in Sinclair Park, a Planned Community as established by the filing of the Declaration of
Covenants, Restrictions, Easements and Establishment of Homeowners Association for Sinclair
Park, a Planned Community in Monroe Township, Cumberland County, Pennsylvania of record in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as Instrument No.
201328091, together with any and all amendments thereto.
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DEER RUN STIP