HomeMy WebLinkAbout02-1681Stipul~ions Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
O~ner
VILLAGE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORATION
Contractor
~ In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Vv~ereas, on this 1st day of April, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY, 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 WEXFORD DRIVE, LOT 114, Enola, PA 17025,, East
Pennsboro Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES
BUILDING COMPANY, 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 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 Wimcsseth: 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.
.A~rtd 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.
.Ar]d, 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 fi ed 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:
NY, OWNER
BY:
ROBERT P. BOWMAN, PRESIDENT
VIL~CTOR
BY:
ROBERT P. BOWMAN, PRESIDENT
LOGAN'S RUN STIP.DOC
File No. 02-7640CDFN
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth
of Pennsylvania more particularly bounded and described as follows, to wit:
BEGINNING at a point on the western dedicated right-of-way line of Wexford Drive (fifty (50) feet wide) at the
dividing line of Lot #115 and Lot #114; thence by the western right-of-way line of Wexford Drive by a curve to the
left having a radius of one hundred seventy-five and zero hundredths (175.00) feet and an arc length of seventy-
four and ninety-five hundredths (74.95) feet to a point at the dividing line of Lot #113 and Lot #114; thence by
line of Lot //113, South twenty-two degrees twenty-seven minutes seventeen seconds West (S 22° 27' 17" W),
one hundred thirty-four and sixty hundredths (134.60) feet to a point; thence by line of lands now or formerly of
William C. Hair, South eighty-five degrees six minutes thirty-one seconds West (S 85° 06' 31" W), forty-two and
sixty-five hundredths (42.65) feet to a point; thence by line of land now or formerly of David A. Miller, North
twenty-seven degrees four minutes seven seconds West (N 27° 04' 07" W), one hundred six and thirty-three
hundredths (106.33) feet to a point at the dividing line of Lot #115 and Lot #114; thence by line of Lot #115,
North forty-six degrees fifty-nine minutes thirty-three seconds East (N 46° 59' 33" E), one hundred ten and ninety-
nine hundredths (110.99) feet to a point on the western right-of-way line of Wexford Drive, the place of
BEGINNING.
BEING Lot #114 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27.
SUBJECT to a drainage easement as shown on the above mentioned subdivision plan.
SUBJECT to other restrictions and conditions as shown on the above mentioned subdivision plan.
LOGAN'S RUN STIP.DOC