HomeMy WebLinkAbout05-1015
Stipulations Against Liens
File Number 05-17351C
In the Court of Common Pleas County of
CHARTER HOMES AT
DARTMOUTH GREEN, INC" A
PENNSYL VANIA CORPORA TlON
Owner
Cumberland
, Pennsylvania
Docket Number DS - IO/.{; fYlL.O
Term 19
CHARTER HOMES BUILDING
COMPANY, A PENNSYL VANIA
CORPORA TlON
Page Number
Contractor
Whereas, on this 9th day of February, 2005, CHARTER HOMES AT DARTMOUTH GREEN, INC, ('Contr ctor") of 114
FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDI G COMPANY
("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGL FAMILY
DWELLING upon the lot of ground known as 1265 WINDSOR ROAD, LOT 132, DARTMOUTH GREEN, echanicsburg,
PA 17050, , Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which HARTER
HOMES BUILDING COMPANY 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 e cted or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcon actor for labor
or materials furnished in the said erection or construction, and that the right of anyone to claim any such lie be waived
hereby_
Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and th
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1,00) to it in hand
Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, nd intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subco tractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim 0 other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground 0 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 labo done,
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate nd be
effective with respect to work done and materials furnished under any supplemental contract for extra work i the erection,
construction and completion of the building as well as to any work and labor done and materials furnished un er the
contract aforesaid,
And, in order to give the Owner full power and authority to protect Owner and the building, improvements and at of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violatio of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Co mon Pleas
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas a attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of ny
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any su contractor
or materialman, or in the name of anyone or more of them against the building, improvements, lot of ground 0 any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to th Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority he in
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 concern ng the
same,
Witness our hand and seal the day and year aforesaid,
Signed and sealed in the presence of:
8Y.
. ,.
File No, 05-17351CDFN
ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereo erected and the
appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Penns Ivania, being:
UNIT NUMBER: Lot 132 in Dartmouth Green, a Planned Community as established by the filing of he Declaration of
Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth reen, a Planned
Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the ecorder of Deeds
in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Reco Book 685, Page
3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, age 340; Fourth
Amendment in Record Book 706, Page 2618; and Fifth Amendment in Mise, Book 711, Page 426 (referencing
Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan BOOk 86, Page 8; Plan Book 86,
Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38).
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