HomeMy WebLinkAbout03-5714Stipulations Against Liens
File Number 03-12637C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PENNSYLVANIA
CORPORA TION
Owner
VILLAGE HOMES BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
· Pennsylvania
02- ~71q IB~ Term 19
Whereas, on this 22nd day of October, 2003, VILLAGE HOMES 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 erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 631 BRISBAIN LANE, LOT 43,
WESTWOOD GLEN, Encta, PA 17025,, East Pennsboro Township, Cumberland, Pennsylvania described in Exhibit "A"
hereof, of which VILLAGE HOMES AT WESTWOOD 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 b~
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for lab(
or rnatedals rum ished in the said erection or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, This A~'eement Witaesseth: 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 intendin
to be legally bound hereby, does hereby covenant, premise and agree, for Contractor and any and all subcontractors,
rnaterialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien c
clairn of any kind whatsoever shall be filed or maintained against the building, improvernents, lot of ground or any part
hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialman and labore
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 erecti
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
of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attome~
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 subcontrac
or materialman, or in the name of any one or more of thorn 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 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 mar
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:
BY: ~
ROBERT P. BOWMAN, PRESIDENT
V LW' q"t S BUlkDER "C.
aY: V v ~..~._./~_~ ~-~
ROBERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 03-12637CJMH
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania known and designated as Lot #43 on the Final Subdivision Plan for Westwood Hills Phase V, as
recorded in Cumberland County Recorder of Deeds Office in Plan Book 87, Page 9, more fully bounded and
described as follows, to wit:
BEGINNING at an iron pin in the eastern line, of a fifty (50) foot right-of-way known as Brisbain Lane, as it
appears on the aforesaid subdivision plan; thence South seventy-nine degrees forty-six minutes nineteen seconds
East (S 79° 46' 19" E), one hundred nine and five hundredths (109.05) feet to an iron pin; thence along lands of
Ronald G. Gates, South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), one hundred
twenty-nine and forty-nine hundredths (129.49) feet to an iron pin at the eastern corner of Lot 44; thence along
the northern line of Lot 44 of Westwood Hills Phase V, North fifty-eight degrees nine minutes forty-eight
seconds West (N 58° 09' 48" W), one hundred and zero hundredths (100.00) feet to an iron pin, said iron pin
being the northeast corner of Lot 44 and on the eastern line of a fifty (50) foot fight-of-way known as Bfisbain
Lane; thence along the aforesaid eastern fight-of-way line having a radius of one hundred seventy-five and zero
hundredths (175.00) feet, an arc length of sixty-six and zero hundredths (66.00) feet, North twenty-one degrees
one minute fifty-six seconds West (N 21° 01' 56" W), chord of sixty-five and sixty-one hundredths (65.61) feet
to an iron pin the place of BEGINNING.
STIPULATION AGAINST LIENS- 2~8-00