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File Number 03-13212C
VILLA GE HOMES A T
WESTWOOD GLEN, INC., A
PENNSYLVANIA
CORPORATION
In the Court of Common Pleas County of
Cumberland
Docket Number Ob-6~. 7~ /~ LO
· Pennsylvania
Term 19
CHARTER HOMES BUILDING
COMPANY
Page Number
Whereas, on this 5th day of December, 2003, CHARTER HOMES BUILDING COMPANY ('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 649 BRISBAIN LANE, LOT 52,
WESTVVOOD, Enola, 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 ef
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 dght 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 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, materialman and laborers
shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done.
A~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 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, Jot 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.. OW. ER
By:
STIPULATION AGAINST LIENS- 2-8-00
File No, 03-13212CDFN
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 an iron pin in the western line of a fifty (50) foot right of way known as Brisbain Lane, as it
appears on the aforesaid subdivision plan; thence South fifty-five degrees twenty-six minutes fifty-five seconds
West (S 55° 26' 55" W), one hundred thirty-five and forty-two hundredths (135.42) feet to an iron pin; thence
along lands of Clarence E. & Dolly E. Jacobs North three degrees forty-four minutes seventeen seconds West (N
03° 44' 17" W), one hundred eighteen and six hundredths (118.06) feet to an iron pin at the southern comer of
Lot 53; thence along the southern line of Lot 53, North seventy-six degrees fifty-eight minutes fifty-eight
seconds East (N 76° 58' 58" E), ninety-four and twenty-three hundredths (94.23) feet to an iron pin, said iron
pin being the southeast comer of Lot 53 and on the western line of a fifty (50) foot right of way known as
Brisbain Lane; thence along the aforesaid western right of way line having a radius of one hundred eighty-two
and zero hundredths (182.00) feet, and arc length of sixty-eight and forty hundredths (68.40) feet, South twenty-
three degrees forty-seven minutes four seconds East (S 23° 47' 04" E), chord of sixty-eight and zero hundredths
(68.00) feet to an iron pin, the place of BEGINNING.
BEING Lot No. #52 on the Final Subdivision Plan for Westwood Hills, Phase V, recorded in Plan Book 87,
Page 9.
SUBJECT to other restrictions, conditions and easements as set forth on the above mentioned subdivision plan.
STIPULATION AGAINST LIENS- 2-8-00