HomeMy WebLinkAbout04-1141Stipulations Against Liens
File Number 04-13981C
VILL4GE HOMES ~IT
WES TWOOD GLEN, INC., A
PE NNS YL V/I NIA
CORPORATION
Owner
VILLA GE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
OL/-llql
Pennsylvania
Term 19
Whereas, on this 10th day of March, 2004, VILLAGE HOME BUILDERS, 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 647 BRISBAIN LANE, LOT 51,
WESTWOOD GLEN, 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 A~eement 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.
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.
.,M~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:
BY: ~ v ,- v
ROBERT P, BOWMAN, PRESIDENT
VB~~B~~RACTOR
:
ROBERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 04-13981CDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Peunsylvania known and designated as Lot #51 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 Brisbain Lane and Lot
50, as it appears on the aforesaid Subdivision Plan; South thirty-three degrees forty-eight minutes forty-nine
seconds West (S 33° 48' 49" W), one hundred seventy-nine and sixty hundredths (179.60) feet to an iron pin at
the comer of lands now or formerly of Village Homes/Westwood Glen, Inc.; thence along the aforesaid owner,
North forty-eight degrees nineteen minutes eleven seconds West (N 48° 19' 11" W), nine and two hundredths
(9.02) feet to an iron pin; thence along the aforesaid owner North seventy-one degrees forty-one minutes fifty-
seven seconds West (N 71° 41' 57" W) thirty-three and thirty-five hundredths (33.35) feet to an iron pin; thence
along the aforesaid owner North seventy-eight degrees nineteen minutes fifiy-two seconds West (N 78° 19' 52"
W) eighteen and eighteen hundredths (18.18) feet to an iron pin at the comer of lands now or formerly Village
Homes/Westwood Glen, Inc., and Clarence E. & Dolly E. Jacobs; thence along lands now or formerly of
Clarence E. and Dolly E. Jacobs, North zero degrees fifiy-seven minutes six seconds East (Iq 00° 57' 06" E),
thirty-one and five hundredths (31.05) feet to an iron pin; thence along the aforesaid owner North three degrees
forty-four minutes sevemeen seconds West (N 03° 44' 17" W), sixty-nine and thirty-seven hundredths (69.37)
feet to an iron pin at the comer of Lot 52' thence along Lot 52 North fifiy-five degrees twenty-six minutes fifiy-
five seconds East (iq 55° 26' 55' E). one hundred thirty-five and forty-two hundredths (135.42) feet to an iron
pin in the western line of a fifty (50) foot fight-of-way known as Brisbain Lane; thence along the aforesaid
western right-of-way line on a curve to the left having a radius of one hundred eighty-two and zero hundredths
(182.00) feet, an arc length of sixty-eight the thirty-two hundredths (68.32) feet, South forty-five degrees
twenty-two minutes eight seconds East (S 45° 22' 08" E), chord of sixty-eight and seventy-two hundredths
(68.72) feet to an iron pin, the place of BEGINNING.
STIPULATION AGAINST LIENS- 2-8-00