HomeMy WebLinkAbout02-2872Stipulations Against Liens
CHARTER HOMES AT
DARTMOUTH GREEN, INC., A
PENNSYLVANIA
CORPORATION
Owner
CHARTER HOMES BUILDING
COMPANY, A PENNSYLVANIA
CORPORATION
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number o
Page Number
, Pennsylvania
Term 19
Whereas, on this 7th day of June, 2002, CHARTER HOMES AT DARTMOUTH GREEN, INC. ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with CHARTER HOMES BUILDING COMPANY
("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 1120 WINDSOR ROAD, LOT 3, 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 :
Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor !he 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 tb 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 Dolla ($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 he reby acknowledged, and intending
to be legally bound hereby, does hereby covenant, promise and agree, for Contractor a nd any and ail subcontractors,
materialmen, laborers and parties acting for, through or under Contractor, that no mect' anics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the building, improve~ tents, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcon tractors, materialmen and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnish .~d and work and tabor done.
And this agreement, waiving the right of lien by anyone, shall be an independent cover ant and shall operate and be
effective with respect to work done and materials furnished under any supplemental cohtract for extra work in the erection,
construction and completion of the building as well as to any work and labor done and laterials furnished under the
contract aforesaid.
And, in order to give the Owner full power and authority to protect Owner and the build
ground, against any and all claims filed by Contractor or anyone acting under or througl
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorr
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Cour
Contractor and in Contractor's name, mark satisfied of record at the cost and expense
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for th
or materialman, or in the name of any one or more of them against the building, improv
thereof, and, for such act or acts, this shall be good and sufficient warrant and authorit~
Term and Number in which this instrument shall have been filed shall be a sufficient ex
contained to warrant such action, and the Contractor does hereby remise, release, and
of errors, defects and imperfections whatsoever in entering such satisfaction of in any~
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
ng, improvements and lot of
~ Contractor in violation of the
~ey of any Court of Common Pleas
s of Common Pleas as attorney for
~f the Contractor, or of any
~ Contractor, or any subcontractor
9ments, lot of ground or any part
, and a reference to the Court,
libit of the authority herein
quit claim all rights and all manner
ise touching or concerning the
CHARTER~I~..a~.~y,~M.~~N, INC., Owner
BY: R°
bert P. Bowman, President
C HAI~,~,/i~ O,~1E,~ L,,~M PANY, Contractor
DARTMOUTH GREEN STIP
File No. 02.8083CDFN
ALL THOSE CERTAIN pieces 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 3 in Dartmouth Green, a Planned Community as established by the filing 0fthe Declaration of Covenants,
Restrictions, Easements and Establishment of Homeowners Associates for Dartmouth Green, a l~lanned Community in Hampden
Township, Cumberland County, Pennsylvania as recorded in the Office of the Recorder of Deed~ in and for Cumberland County,
Pennsylvania in Record Book 670, Page 309 (referencing Subdivision Plan recorded at Plan BoCk 82, Page 150).
SUBJECT to all easements, rights-of-way, covenants, agreements and restrictions of record.
DARTMOUTH GREEN STIP