HomeMy WebLinkAbout01-5324E, fipulalJons Against Liens
CHARTER HOMES BUILDING
COMPANY, A PENNSYL I/ANIA
CORPORA TION
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VILLAGE HOME BUILDERS,
INC., .4 PENNSYL V.4NIA
CORPORA TION
tin tilt Court of Common ~lrag Cauntp of
CUMBERLAND
Docket Number 0 I--..~32C[
, Penr~ylvania
f~l~ Term l9
Page Number
~herea~, an tl~(~ ~ ba~ of %~. jL~'/y..~ ,200l, VILLAGE HOME BUILDERS, INC. ('ContractoK')
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
124, MECHANICSBURG, 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
-~J~l~erea~;, 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.
.~oe., I~JJi~ ~greement ~itnes'~e~: 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, premise 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,
materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and
work and labor done.
~[111~ this agreement, waiving the right of lien by anyone, shell 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.
~nb, 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:
C~-bJk'~T.ER~ H~N~I~ BUILDING COMPANY, OWNER
BY: ~~ ~
ROBERT P. BOWMAN, PRESIDENT
co,'rRACTOR
ROBERT P. ~WMA~PRESIDENT
LOGAN'S RUN STIP
F~le No. ~1-6332CDFN
ALL THAT CERTAIN lot or tract of land situate in East Pannsbore 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 Edenderry Way at the dividing line of Lot #123 and
Lot #124; thence by line of Lot #123 South forty degrees twenty-nine minutes forty-one seconds West (S 40° 29' 41" W),
fifteen and sixty-one hundredths (15.61) feet to a point; thence by same South sixty-two degrees fifty-five minutes f'~ty-
three seconds West (S 62° 55' 53' W), one hundred twenty-eight and eighty-two hundredths (128.82) feet to a point;
thence by line of land now or formerly of Richard Scar~77o and now or formerly of Samuel D. Bordner, Jr., North twanty-
seven degrees four minutes seven seconds West (N 270 04' 07' W) seventy-four and ninety-seven hundredths (74.97)
feet to a point at the dividing line of Lot #125 and Lot #124; thence by line of Lot #125 North sixty-two degrees f'~,-five
minutes fifty-three seconds East (N 62° 55' 53~ E) one hundred thirty and zero hundredths (130.00) feet to a point on the
western right-of-way line of Edendemj Way; thence by said right-of-way line South twenty-seven degrees four minutes
seven seconds East (S 27° 04' 07" E) two and twenty-two hundredths (2.22) feet to a point; thence by same 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 sixty-eight
and fifty-three hundredths (68.53) feet to a point, at the dividing line of Lot #123 and Lot #124, the place of BEGINNING.
BEING Lot #124 on the Final Subdivision Plan for Logans Run, Phase IV, recorded in Plan Book 83, Page 27.
SUBJECT to a drainage easement and wetlands as shown on the above mentioned subdivision plan.
LOGAN'S RUN STIP