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Home My WebLink About02-3476Stipulations Against Liens CHARTER HOMES BUILDING COMPANY, A PENNSYLVANIA CORPORATION Owner VILLAGE HOME BUILDERS, INC., A PENNSYLVANIA CORPORATION In the Court of Common Pleas County of Cumberland Docket Number tg,~- $ ,-/7~,'~ Pa/- 0 Page Number , Pennsylvania Term 19 Whereas, on this 9th day of July, 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 23 LOGANS RUN ROAD, LOT 88, 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 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 padies 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,~d 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 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 concerning the same. Witness our hand and seal the day and year aforesaid. Signed and sealed in the presence of: File No. 02-8239CDFN 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 southern dedicated right-of-way line of Logans Run at the dividing line of Lot #89 and Lot #88; thence by line of Lot #89, South four degrees forty-nine minutes five seconds East (S 04° 49' 05" one hundred thirty-two and fifty-nine hundredths (132.59) feet to a point; thence by line of Lot #52, Logans Run, Phase II, South eighty-eight degrees thirty-two minutes fifty-two seconds West (S 88° 32' 52" W), fifty-five and ninety-six hundredths (55.96) feet to a point at the dividing line of Lot #87 and Lot #88; thence by line of Lot #87, North twenty-four degrees forty-five minutes eleven seconds West (N 24° 45' 11" W), one hundred ten and zero hundredths(IlO.00) feet to a point on the southern right-of-way tine of Logans Run; thence by said right-of- way line, North sixty-five degrees fourteen minutes forty-nine seconds East (N 65° 14' 49" E), fifty-three and ninety-nine hundredths (53.99) feet to a point; thence by same by a curve to the right having a radius of one hundred twenty-five and zero hundredths (125.O0) feet and an arc length of forty-three and forty-nine hundredths (43.49) feet, said curve also having a chord bearing and distances of North seventy-five degrees twelve minutes fifty-two seconds East (N 75° 12' 52' E), forty-three and twenty-seven hundredths (43.27) feet to a point at the dividing line of Lot #89 and Lot #88, the place of BEGINNING. BEING Lot #88 on the Final Subdivision Plan for Logans Run, Phase III, recorded in Plan Book 74, Page 92. SUBJECT to 25 foot wide drainage easement as shown on the above mentioned Subdivision Plan. SUBJECT to other conditions and restrictions as set forth on the above mentioned Subdivision Plan. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: CREDIT BASED ASSEST SERVICING AND SECURITIZATION, LLC ) CIVIL ACTION ) VS. MALINDA S. MEEHAN, F/K/A MELINDA S. RASMUSSEN CHARLES MEEHAN CIVIL DIVISION NO. 002-3476-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attomey for CREDIT BASED ASSEST SERVICING AND SECURITIZATION, LLC hereby vedfy that on 8/27/02 & 11/4/02 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. Notice of Sale was sent to the Defendant(s) on 8/27/02 by certified mail retum receipt requested see Exhibit "B" attached hereto. DATE: November 12, 2002 NK FEDERMAN, ESQUIRE Attorney for Plaintiff 7160 3901 9844 9257 6001 TO: CHARLES MEEHAN 519 HAMILTON STREET CARLISLE, PA 17013 SENDER: KMD ~ T£A~! 3 REFERENCE: SALES PS Form 3800~ June 2000 RETURN RECEIPT SERVICE US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for International Mail IPostage .37 Certified Fee 2.50 Return Receipt Fee l Restricted Delivery Total Postage & Fees 7160 3901 9844 9257 5998 TO: M^LINI)^ S. ME£HAN, F/~A MELINDA $. RASMiJSSEN 519 H/dVIILTON STREET CAJ~I./SLE, PA 17013 SENDER: REFERENCE: SALES PS Form 3800, June 2000 RETURN Postage RECEIPT Ceffifled Fee SERVICE Retum Receipt Fee Restricted Delivery Total Postage & Fees .3? 2.30 1.75 3.50 US Postal Service Receipt for Certified Mail NO Insurance Coverage Provided Do Not Use for International Mail