HomeMy WebLinkAbout02-2142~tiptJlations Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
Owner
VII.L4GE HOME BUILDERS,
INC., A PENNSYLVANIA
CORPORATION
~n t[~e Court of Common ~[ea~ Countp of
Cumberland
Docket Number c~ ,~. d~ / ~,2_ f~ ~ z~
Page Number
, Pennsylvania
Term 19
~lltrga~, on t~i~ tBt~ ba~, of ~tpri[, 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 EDENDERRY WAY, LOT 118, 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
~Oerea,~, 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.
.f)~ot., gbi~ ~t~reement ~)itngssetl): 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,
materialman, 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, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
~[Itb 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.
~[l~b, 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 conceming the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
By~H~ANY, OWNER
ROBERT P. BOWMAN, PRESIDENT
VILL~(}E HOME BUILDERS, INC., CONTRACTOR
R(~BE~T P. BOWMAN, PRESIDENT
LOGAN'S RUN STIP
Fil~ No.'02-7780CDFN
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 extremity of an arc connecting the northern dedicated right-of-way line of
Wexford Drive and the western dedicated right-of-way line of Edenderry Way; thence by the southern right-of-way
line of Wexford Drive, South eighty-five degrees six minutes thirty-one seconds West (S 85° 06' 31" W), seventy-
eight and eighty-eight hundredths (78.88) feet to a point at the dividing line of Lot #117 and Lot #118; thence by
line of Lot #117, North four degrees fifty-three minutes twenty-nine seconds West (N 04° 63' 29" W), eighty-four
and fifty-six hundredths (84.56) feet to a point at the dividing line of Lot #119 and Lot #118; thence by line of Lot
#119, North fifty degrees five minutes fifty-four seconds East (N 50° 05' 54" E), ninety-four and fifty-one seconds
(94.51) feet to a point on the western right-of-way line of Edenderry Way; thence by said right-of-way line by a
curve to the right having a radius of one hundred twenty-five and zero hundredths (12§.00) feet and an arc length
of sixty-five and ninety-nine hundredths (65.99) feet to a point; thence by same, South nine degrees thirty-nine
minutes nineteen seconds East (S 09° 39' 19" E), fifty and fifty-five hundredths (50.55) feet to a point; thence by
same by a curve to the right having a radius of twenty-five and zero hundredths (25.00) feet and an arc length of
forty-one and thirty-five hundredths (41.35) feet to a point on the northern right-of-way line of Wexford Drive, the
place of BEGINNING.
BEING Lot #118 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27.
SUBJECT TO various clear sight easements 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
(.9
CUMBERLAND COUNTY
ADULT PROBATION
Plaintiff
VS.
Jan L. Warner
49 Marilyn Dr.
Carlisle, PA
17013
Defendant/Address
~q THE COURT OF COMMON PLEAS
OF CLr~ERLANrD COLr~
PENNSYLVANIA
CIVIL ACTION - LAW
NO. CIVIL TERM
02-2172
RE: NO. CR/~AL TERM
01-2463
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark satisfied the judgment, in favor ofplaintiffCumberland County Adult
Probation and against the above-named defendant, previously entered pursnant to 42 Pa.
C.S.A. Section 9728. Also, please prepare a Certificate of Satisfaction.
Date:
August 29, 2002
Dennis E. Lebo, Clerk of Court
Solicitor for the Clerk of Court of
Cumberland County, Pennsylvania
cc: Defendant
Probation
Clerk of Court