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HomeMy WebLinkAbout05-1977 Stipulations Against Liens File Number 05-17845C In the Court of Common Pleas County of CHARTER HOMES AT DARTMOUTH GREEN, INC., A PEN,"SYL VANIA CORPORA TION Owner Cumberland , Pennsylvania Docket Number 0) ~ 1977 iYlLC> Term 19 CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORA HON Page Number Contractor Whereas, on this 6th 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 BUILDI G COMPANY ("Owne~') of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGL FAMILY DWELLING upon the lot of ground known as 5670 CHARLTON WAY, LOT 48, DARTMOUTH GREEN, chanicsburg, PA 17050, ,Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER 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 rected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subco tractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such Ii n be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and e considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in ha paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledge ,and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all sub 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 or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialm n and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and la or done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall opera e and be effective with respect to work done and materials furnished under any supplemental contract for extra wor in the erection, construction and completion of the building as well as to any work and labor done and materials furnished nder the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements nd lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in viol tion of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of ommon Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Plea as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, 0 of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or an subcontractor or materialman, or in the name of anyone or more of them against the building, improvements, lot of grou d or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference t the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authori 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 con erning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: CHARTE BY: ~U~~~\:~U~HG~E~~, obert P. Bowman, President NC., Owner , '. File No. 05.17845CDFN ALL THAT CERTAIN piece or parcel of land, together with the buildings and improvements thereon erected and the appurtenances thereto, situate in Hampden Township, County of Cumberland, Commonwealth of Pennsyl ania, being: UNIT NUMBER: Lot 48 in Dartmouth Green, a Planned Community as established by the filing of t e Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth een, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in th Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, ge 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, P ge 332; Third Amendment in Record Book 692, Page 340; and Fourth Amendment in Record Book 7 6, Page 2618 (referencing Subdivision Plan recorded at Plan Book 82, Page 150; Plan Book 84, Page 88; Plan 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. ;; Q U'\ ~ , c:-, '" ..-. ...--<::l ,,'" () ~ r>- ~ 9 --- ~ 0 "k- <;, \; >>- () ~"-~; ~, (-:';.;> ("") Z::;7, -it :-;.:.' --0 ?J u;:; c5 ):- f"":"