HomeMy WebLinkAbout04-3786Stipulations Against Liens
File Number 04-15445C
VILLAGE HOMES AT
WESTWOOD GLEN, INC., A
PE NNS YL VANIA
CORPORATION
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 21st day of July, 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 662 BRISBAIN LANE, LOT 66,
WESTWOOD, 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 Witncsseth: 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,
A~d, in order to give the Owner full power and authority to protect Owner and the building, improvements and 1ct 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:
, INC., OWNER
STIPULATION AGAINST LIENS- 2-8-00
File No, 04-15445CDFN
ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County,
Permsylvania, known and designated as Lot #66 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 pi in the northern line of the fifty (50) foot right-of-way of Brisbain Lane, as it appears
on the aforesaid subdivision plan; thence along Lot 76 South twenty-four degrees twenty-two minutes forty-five
seconds East (S 24° 22' 45" E), seventy-two mad seventy-three hundredths (72.73) feet to an iron pin; thence
along Lot 75 South four degrees sixteen minutes thirty-six seconds East (S 04° 16' 36" E), forty-one and six
hundredths (41.06) feet to an iron pin; thence along Lot 67 South seventy-eight degrees forty-nine minutes
fourteen seconds West (S 78° 49' 14" W), ninety-six and ninety-seven hundredths (96.97) feet to an iron pin;
thence along the eastern fifty (50) foot right-of-way of Memory Lane on a curve to the left having a radius of
one hundred seventy-five and zero hundredths (175.00) feet, an arc length of sixty-one and fifty-three
hundredths (61.53) feet, North twenty-one degrees fifteen minntes seven seconds West (N 51° 15' 07" W), and
a chord of sixty-one and twenty-one hundredths (61.21) feet to an iron pin; thence along the aforesaid fifty (50)
foot right-of-way on a curve to the right having a radius of fit~een and zero hundredths (15.00) feet, an arc
length of twenty4hree and fifty-five hundredths (23.55) feet, North thirteen degrees thirty-eight minutes thirty-
nine seconds East (N 13° 38' 39" E), and a chord of twenty-one and fifty hundredths (21.50) feet to an iron pin;
thence along the aforesaid North fifty-eight degrees thirty-seven minutes one second East (N 58° 37' 01" E),
ninety-two and eighty-two hundredths (92.82) feet to an iron pin, being the place of BEGiNNING.
STIPULATION AGAINST LIENS- 2-8-00