HomeMy WebLinkAbout04-0990Stipulations Against Liens
File Number 04-13874C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PE NNS YL VANIA
CORPORA TION
Owner
VILLAGE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 3rd day of March, 2004, 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 erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 2 MEMORY LANE, LOT 70,
WESTWOOD HILLS, 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,
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.
Pti'rd 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.
A~d, 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.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
STIPULATION AGAtNST LIENS- 2-8-00
File No. 04-13874CDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania known and designated as Lot #70 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 eastern line of a fifty (50) foot right-of-way known as Memory Lane as it
appears on the aforesaid Subdivision Plan; thence along Lot 69 South eighty-seven degrees fifty-four minutes
twenty-nine seconds East (S 87° 54' 29" E), eighty-two and eighty-five hundredths (82.85) feet to an iron pin to
the comer of Lot 69, Lot 72 and Lot 71; thence along Lot 71 South eight degrees fifty minutes thirty-two
seconds West (S 08° 50' 32" W), one hundred seventeen and zero hundredths (117.00) feet to an iron pin at the
northern fifty (50) foot fight-of-way of Brisbain Lane; thence along the aforesaid fight-of-way having a radius of
one htmdred twenty-five and zero hundredths (125.00) feet, an arc length of eighty-six and forty-nine
hundredths (86.49) feet, North sixty-nine degrees forty minutes eight seconds West (N 69° 40' 08" W), chord of
eighty-four and seventy-eight hundredths (84.78) feet to an iron pin; thence along the eastern right-of-way of
Brisbain Lane having a radius of fifteen and zero hundredths (15.00) feet, an arc length of twenty and three
hundredths (20.03) feet, North eleven degrees thirty-six minutes two seconds West (N 11 ° 36' 02" W), chord of
eighteen and fifty-seven hundredths (18.57) feet to an iron pin at the eastern fight-of-way line of Memory Lane;
thence along the aforesaid right-of-way having a radius of one hundred seventy-five and zero hundredths
(175.00) feet, an arc length of seventy-three and eighty-eight hundredths (73.88) feet, North fourteen degrees
thirty-three minutes one second East (N 14° 33' 01" E), chord of seventy-three and thirty-four hundredths
(73.34) feet to an iron pin, the place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8-00