HomeMy WebLinkAbout03-2580Stipul~ions Against Liens
File Number 03-10768C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., ~4
PENNS YL VANIA
CORPORATION
O~vner
VILLA GE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 23rd day of May, 2003, VILLAGE HOME BUILDER ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTVVOOD GLEN, INC., 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 617 BRISBAIN LANE, LOT 36,
WESTWOOD, Enola, PA 17025,, East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A" hereof,
of which VILLAGE HOMES AT WESTVVOOD GLEN, 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 er 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,
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 er maintained against the buitding, improvements, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
A_,ad 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.
~md, 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 er 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:
VILIL~Hj~ ~.EN, INC.
RT P. BOWMAN, PRESIDENT
WLL IHI B DER
STIPULATION AGAINST LIENS- 2-8-00
File bio. 03-10768CDFN
ALL THAT CERTAIN lot 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 #35
and Lot #36; thence by line of Lot #35 North eighty-five degrees forty-three minutes twenty-four seconds East (N
85° 45' 24" E), one hundred and zero hundredths (100.00) feet to a point; thence by line of lands now or formerly
of Ronald G. Gates South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), eighty-five and
zero hundredths (85.00) feet to a point at the dividing line of Lot #37 and Lot #36; thence by line of Lot #37
South eighty-five degrees forty-three minutes twenty-four seconds West (S 85° 43' 24" W), one hundred and zero
hundredths (100.00) feet to a point on the eastern right-of-way line of Brisbain Lane; thence by said right-of-way
North four degrees sixteen minutes thirty-six seconds West (N 04° 16' 36" W), eighty-five and zero hundredths
(85.00) feet to a point at the dividing line of Lot #35 and Lot #36, the place of BEGINNING.
BEING Lot #36 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
SUBJECT to restrictions, conditions and easements as set forth on the above mentioned Subdivision Plan.
STIPULATION AGAINST LIENS- 2-8-00