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HomeMy WebLinkAbout06-5674 '" , -. Stipulations Against Liens File Number 06-22737C In the Court of Common Pleas County of CHARTER HOMES AT DARTMOUTH GREEN, INC., A PENNSYL VANIA CORPORA TION Owner Cumberland , Pennsylvania Docket Number Dl,r5(P'14 ML.D Term 19 CHARTER HOMES BUILDING COMPANY, A PENNSYL VANIA CORPORA TION Page Number Contractor eJ~ Whereas, on this 19th day of September, 2006, CHARTER HOMES AT DARTMOUTH GREEN, INC. ~ClOr"') of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 1105 WINDSOR ROAD, LOT 21, DARTMOUTH GREEN, Mechanicsburg, PA 17050, , Hampden Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES BUILDING COMPANY is the title holder of record; and ~r ".,C- 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 Witnesseth: 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. And 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. And, 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 anyone 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 concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: BY: m, Vice-President By: DARTMOUTH STIP-RA THSAM.DOC , "olIO File No. 06-22737CDFN 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 Pennsylvania, being: UNIT NUMBER: Lot 21 Dartmouth Green, a Planned Community as established by the filing of the Declaration of Covenants, Restrictions, Easements and Establishment of Homeowners Association for Dartmouth Green, a Planned Community in Hampden Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 670, Page 309, First Amendment in Record Book 685, Page 3042; Second Amendment in Record Book 692, Page 332; Third Amendment in Record Book 692, Page 340; Fourth Amendment in Record Book 706, Page 2618; and Fifth Amendment in Misc. Book 711, Page 2426 (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). DARTMOUTH STIP-RATHSAM.DOC ,~, ~;\ ~G\~'8 ?t~ ~ j (t) ~ ~ U\ 0- o ~ c::.::> = cr- ,r> {fl --0 N a:> p ..-;\' ~ o "'1"l :1-n r'" e -df1":1 j)c; -~~\(~), ~2f~ 6rn -.-\ ~ ~ '-? - 0"