HomeMy WebLinkAbout04-0345Stipulations Against Liens
File Number 04-13539C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., ~4
PENNS YL E4 NZ4
CORPOP~4 TION
Owner
VILL4GE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 19th day of January, 2004, VILLAGE HOME BUILDERS, INC. ('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 1 MEMORY LANE, LOT 60,
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
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,
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, 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.
Signed and sealed in the presence of:
Witness our hand and seal the day and year aforesaid.
r AT WES/ OOJ>m.a N C., OWNER
BY: ~' (~"t~,,-'~ ~ ~
ROBERT P. BOWMAN, PRESIDENT
ROBERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 04-13539CDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania known and designated as Lot #60 on the Final Subdivision Plan for Westwood Hills Phase V as
recorded in Cumberland County Courthouse in Plan Book 87, Page 9 in which it is more fully bounded and
described as follows, to wit:
BEGINNING at an iron pin in the western fifty (50) foot right-of-way known as Memory Lane at the comer of
Lot 61, as it appears on the aforesaid Subdivision Plan; South four degrees sixteen minutes thirty-six seconds
East (S 04° 16' 36" E), forty-seven and twelve hundredths (47.12) feet to an iron pin; thence along aforesaid
right-of-way line, a curve to the right having a radius of one hundred twenty-five and zero hundredths (125.00)
feet, an arc length of fifty-nine and thirty-six hundredths (59.36) feet, South nine degrees nineteen minutes
thirty-seven seconds West (S 09° 19' 37" W), a chord of fifty-eight and eighty hundredths (58.80) feet to an iron
pin on the western line of a fifty (50) foot right-of-way known as Memory Lane; thence along aforesaid line a
curve to the right having a radius of fifteen and zero hundredths (15.00) feet, an arc length of twenty-three and
thirty-four hundredths (23.34) feet, South sixty-seven degrees thirty minutes seven seconds West (S 67° 30' 07"
W), a chord of twenty-one and five hundredths (21.05) feet to an iron pin along the northern fifty (50) foot right-
of-way known as Brisbain Lane; thence along aforesaid right-of-way line, a curve to the left having a radius of
two hundred twenty-five and zero hundredths (225.00) feet, an arc length of fifty-two and eighty-seven
hundredths (52.87) feet, North seventy-four degrees thirty-n/ne minutes thirty seconds West (N 74° 39' 30" W),
a chord of fifty-two and seventy-five hundredths (52.75) feet to an iron pin along the aforesaid right-of-way line;
thence along aforesaid right-of-way line, a curve to the right having a radius of one hundred eighty-two and zero
hundredths (182,00) feet, and arc length of nine and seventy-four hundredths (9.74) feet, North seventy-nine
degrees fifty-one minutes twenty-eight seconds West (N 79° 51' 28" W), a chord of nine and seventy-four
hundredths (9.74) feet to an iron pin at the comer of Lot 59; thence along Lot 59 North four degrees sixteen
minutes thirty-six seconds West (N 04° 16' 36" W), ninety-two and zero hundredths (92.00) feet to an iron pin
at the comer of Lot 61; thence along LOt 61 North eighty-five degrees forty-three minutes twenty-four seconds
East (N 85° 43' 24" E) to an iron pin, the place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8~00
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