HomeMy WebLinkAbout02-3953-tip~lations Against Liens
p~, Number 02.8507C
VERSANT, INC., A
PENNSYLVANIA
CORPORATION
In the Court of Common Pleas County of
Cumberland
Docket Number
, Pennsylvania
Term 19
Page Number
CHARTER HOMES BUILDING
COMPANY Contractor
cHARTER HOMES BUILDING COMPANY (,Contractor") of 114
· R HOMES AT vERSANT, lNG., A
day of AuguSt, 2002, into a contract w~th CHARTE 17602 for the erection or
on this 't4th Hampden
W e eas,ASTER, PA. 760. .,VE u. CAS ER, pA.
oxSHIRE DRWe, ~" ION (,,'owner) o~
~ENNSYLVANtA coRPO~T upon the lot of ground known as ADELINE ciRCLE,,,
construction of a sINGLE FAMILY DWELLING of which CHARTER HOMES AT vERSANT,
Township, Cumberland, pENNSYLVANIA described in Exhibit"A" hereof,
INC., A pENNSYLVANIA coRpORATION is the title holder of record; and
. the improvements erected or to be
_.. a neither said tot of gro~nL~r,.~.,~r any subcontraCtor for labor
· · ' of Owner and Cuut.acto~ th ~..,n~r Contramor or Dy gum. ..... tO _ be waived
~ereaS t ~s the mtent~on _. _{ fna lien for debts aue ~ ..... to claim any such lien
erected thereon shall be suoleu
or" ~aterials furnished in the said erection or construction, and that the right of anyone to
eb . · of the contract aforesaid and the
her Y ...... ,.~ctor, for and in consideratl~ ...... Iq1 00) to it in hand pai~ b~ th~__
· ..~;*-esseth' lnat ~ .... -~;~-ratlon of one us.a, ~* - - ..,,-a-~d aha intenmng
Now, Tins A~cc~t.i;~ereunder' as well as the fu~2~t~°'t;&Teceipt of which is hereby ac.nOw,o~ ,
considerations mere u.ou., ,
Owner at or before the seahng and dehveW of these pres~- ,
covenant, promise and agree, for Contractor and any and all subcontractors,
....... ~ ~r under Contractor. tha .... ,* st of qround or any paa
to be legally bound hereby, does hereby . t no mechanics' lien or claim or other lien or
· · ,~rers and paAies acting for, mm~'~d anainst the building, ~mprOvem~- .... and laborer~
matenalmen, ,~ ,_ . .... ,~r shall be filed or ma[,.~.,~ o materiatmen
claim of any kin~ wnatouo-~ ' and work and labor done.
hereof, or the cu~ilage or cudilages appudenant thereto by anyone, and that alt subcontractors,
shall look to and hold Contractor personally liable for all subcontracts, materials furnished
~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 erectio
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
~d, in order to give the Owner full power and authori~ 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
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney
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 subcontracl
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any pa~
thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Coud,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
of errors, detects aha n.po, ,~ ..... s ereb remise, release, and quit clai~ all rights and .all man
· ~-~a to warrant such action, and the Contractor ~o~_~atisfaction of in unwise touching or concerning the
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
~OBE~T P. BOWMAn,, p~IDENT ~
gt[oulations Against Liens
File Number 02-8507C
CHARTER HOMES AT
VERSANT, INC., A
PENNS YL VANIA
CORPOR,4 TION
In the Court of Common Pleas County of
CHARTER HOMES BUILDING
COMPANY
Contractor
Owner Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
W~_ereas, on this 14th day of August, 2002, CHARTER HOMES BUILDING COMPANY ('Contractor") of 114
FOXSHIRE DRIVE, LANCASTER, PA. 17602 has entered into a contract with CHARTER HOMES AT VERSANT, INC., A
PENNSYLVANIA CORPORATION ("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA. 17602 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as ADELINE CIRCLE,,, Hampden
Township, Cumberland, PENNSYLVANIA described in Exhibit "A" hereof, of which CHARTER HOMES AT VERSANT,
INC., 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 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 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:
STIPULATION AGAINST LIENS- 2-8-00
,.C. OW.ER
By: i¢~[~..~,,,,~,v ~.'-¢.,~/r ~
RO~RT p. BOWMAN, ~SIDENT
CHART~H~M~S~NG C~Y, BUILDER
By:~~ V~ ~
ROBERT P. BOWMAN, PRESIDENT
File No. 02-8507CDFN
ALL THAT CERTAIN parcel of real property, situate in Hampden Township, Cumberland County, Commonwealth of
Pennsylvania, being:
UNIT Numbers 1, 2, 21 and 22 of Versant at Pinehurst, a Condominium as established by the filing of Declaration
of Condominium for Versant at Pinehurst, a Condominium as recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania in Misc. Book 689, Page 940 with Plat recorded in right-of-way Plan
Book 13, Page 14.
STIPULATION AGAINST LIENS- 2-8-00