HomeMy WebLinkAbout04-1138Stipulations Against Liens
File Number 04-13978C
VILL4 GE HOMES .4 T
FFEST}FOOD GLEN~ INC., .4
PENNS YL V.4NI`4
CORPORA TION
Owner
VILL`4 GE HOME B U1LDEP~,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
, Pennsylvania
Term 19
Whereas, on this 10th day of March, 2004, VILLAGE HOME BUILDER, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER PA 17602 has entered into a contract with VILLAGE HOMES AT WESTWOOD GLEN, INC., A
PENNSYLVANIA CORPORATION ("Owner") of 4216 LITTLE RUN ROAD, HARRISBURG PA 17110 for the erection or
construction of a SINGLE FAMILY DWELLING upon the lot of ground known as 3 MEMORY LANE, LOT 61,
WESTWOOD GLEN, ENOLA PA 17025,, East Pennsbore 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 A~eement Wit~esseth: 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.
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 entedng such satisfaction of in anywise touching or concerning tl3e
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
V~N, INC. ,
R(3~ERT P. BOWMAN, PRESIDENT
NTRACTOR
ROBERT P. BOWMAN, PRESIDENT
OWNER
STIPULATION AGAINST LIENS- 2-8-00
File No. 04-13978CDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Pennsylvania known and designated as Lot #61 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 line of a fifty (50) foot fight-of-way known as Memory Lane at the
comer of Lot #62 as it appears on the aforesaid Subdivision Plan; South four degrees sixteen minutes thirty-six
seconds East (S 04° 16' 36" E), ninety and zero hundredths (90.00) feet to an iron pin; thence along Lot 60,
South eighty-five degrees forty-three minutes twenty-four seconds West (S 85° 43' 24" W), eighty-eight and
fifty-two hundredths (88.52) feet to an iron pin at Lots 60 and 59; thence North four degrees sixteen minutes
thirty-six seconds West (N 04° 16' 36" W) over the following three distances: twenty-three and seventy-seven
hundredths (23.77) feet to an iron pin at the comer of Lots 59 and 58, thirty-six and ninety-four hundredths
(36.94) feet to an iron pin at the comer of Lots 58 and 57, and twenty-nine and twenty-nine (29.29) feet to an
iron pin at the comer of Lot 62, total of ninety and zero hundredths (90.00) feet; thence along Lot 62 North
eighty-five degrees forty~three minutes twenty-four seconds East (N 85° 43' 24" E), eighty-eight and fifty-two
hundredths (88.52) feet to an iron pin, the place of BEGINNING_
IPULATION AGAINST LIENS- 2-8-00