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Stipulatrons Against Liens
VILLAGE HOMES AT
WESTWOOD GLEN, INC, A
PENNSYL VANIA
CORPORATION
:JIn tbe l!Court of l!Common ~lealll!Count!' of
Owner
CUMBERLAND
, Pennsylvania
Docket Number 0 I ~ .3 '/7/ /VI 1-12
Term 19
VILLAGE HOME BUILDERS,
INC
Page Number
Contractor
Wbereall, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has
entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A PENNSYLVANIA CORPORATION
("Owner") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 for the erecti.on or construction of a SINGLE FAMILY
DWELLING upon the lot of ground known as BRISBAIN LANE, LOT 33.. , EAST PENNSBORO TOWNSHIP,
CUMBERLAND, PENNSYLVANIA described in E~hibit "A" hereof, of which VILLAGE HOMES AT WESTWOOD GLEN,
INC., A PENNSYLVANIA CORPORATION is the title holder of record; and
Wbereall, 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.
jilow, m;bill ~llreement Witnelllletb: 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.
~nll 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 iabor done and materials furnished under
the contract aforesaid.
~nll, 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:
VIL~N'INC"OWNER
BY:
R BERT P. BOWMAN, PRESIDENT
VILLA
BY:
ROBERT P. BOWMAN, PRESIDENT
..
STIPULATION AGAINST LlENS- 2-8-OO.DOC
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File No. 01-5825CDFN
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 eastern dedicated right-of-way line of Brisbain Lane at the dividing line of Lot #32 and Lot #33;
thence by line of Lot #32, North fifty-three degrees fifty-five minutes thirty-nine seconds East (N 530 55' 39" E), one hundred five
and zero hundredths (IOS.00) feet to a point; thence by line oflands now or fonnerly of Charles M. Wadsworth and lands now or
fonnerly of Ronald G. Gates, South thirty-six degrees four minutes twenty-one seconds East (S 360 04' 21" E), ninety-one and fifty-
four hundredths (91.54) feet to a point at the dividing line of Lot #34 and Lot #33; thence by line of Lot #34, South sixty-two degrees
twelve minutes twenty-two seconds West (S 620 12' 22" W), one hundred seven and ninety-seven hundredths (107.97) feet to a point
on the eastern right-of-way line ofBrisbain Lane; thence by said right-of-way 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 twenty-five and forty hundredths (25.40) feet, said curve also
having a Chord bearing lII1d distance of North thirty-one degrees fifty-four minutes fifty-one seconds West (N 31054' 51" W),
twenty-five and thirty-eight hundredths (25.38) feet to a point; thence by same, North thirty-six degrees four minutes twenty-one
seconds West (N 36004' 21" W), fifty and fifty-nine hundredths (50.59) feet to a point at the dividing line of Lot #32 and Lot #33,
the place of BEGINNING.
BEING Lot #33 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
UNDER AND SUBJECT, NEVERTHELESS, to other restrictions, conditions and easements as set forth on the above
mentioned Subdivision Plan.
STIPULATION AGAINST L1ENS- 2-8-00.DOC
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