HomeMy WebLinkAbout05-1976
Stipulations Against Liens
File Number 05-17889C
In the Court of Common Pleas County of
CHARTER HOMES AT
DARTMOUTH GREEN, INC., A
PENNSYL VANIA CORPORA TlON
Owner
Cumberland
, Pennsylvania
Docket Number 0)-/97(", fYlLD
Term 19
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORA TION
Page Number
Contractor
Whereas, on this 13th day of April, 2005, CHARTER HOMES AT DARTMOUTH GREEN, INC. ('Contracto ") of 114
FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDIN 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 1220 WINDSOR ROAD, LOT 99, DARTMOUTH GREEN, M chanicsburg,
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 ractor 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 t
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in han 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 subc ntractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim r other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground r any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialme and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and lab r done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operat 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 der the
contract aforesaid.
And, in order to give the Owner full power and authority to protect Owner and the building, improvements a d lot of
ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in viol at on of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of mmon 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 ubcontractor
or materialman, or in the name of anyone or more of them against the building, improvements, lot of groun or any part
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to he Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority erein
contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights nd all manner
of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or conc rning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
CHARTE HOMES AT DARTMOUTH GREEN, I C., Owner
BY:
.-,.ob:;-;"'~ P.Bowman, President
. ..
File No. 05-17889CDFN
ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon ected and the
appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsylv nia, being:
UNIT NUMBER: Lot 99 in Dartmouth Green, a Planned Community as established by the filing of the Declaration of
Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Gr en, a Planned
Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the ffice of the
Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Pa e 309, First
Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Pa e 332; Third
Amendment in Record Book 692, Page 340; and Fourth Amendment in Record Book 70 , Page 2618
(referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Ian Book 86,
Page 88; Plan Book 86, Page 44; Plan Book 86, Page 89; and Plan Book 88, Page 38).
SUBJECT to all easements, rights-of-way, covenants, agreements and restrictions of record.
~
C?
Co
-
V\
C- ,
<:>
I;>.
~ ~ .;...-"'
-::c.
'f.
......t:.
(:>
r
I>
..,
((;-
.,
r-
~
>--
'C\
~-
.)
~
r-':)
<::;:::\
y;,
:::~~',
--
....0
Q,
::-;-.1.-,_\
"'\~c-
I' 'f\
:9~~~;)
", -,,
~) ['-)
/,~,{-';\
<?
~~
:::-
--