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Home My WebLink About02-1691Stipulations Against Liens VILL`4 GE HOMES .4 T WESTWOOD GLEN, INC., A PENNSYLVANIA CORPOR.4 TION Owner VILL,4GE HOME BUILDERS, INC. Contractor tin toe ~;ourt o[ ~;ammon ~[,a~ ~ount~, of Cumberland Docket Number Page Number , Pennsylvania Term 19 ~ereag, on this 1st day of April, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE, LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WES'I'WOOD 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 723 WESTWOOD DRIVE, LOT 80, Enola, PA 17025, East Pennsbom 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 ]~Oerea$, 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. RoW, ~t)i~ ~eement ~itnessetb: 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. ~nb 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. ~[~[b, 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: VILL~H.~E GLEN, INC., OWNER VlI.~ BY: ROBERT P. BOWMAN, PRESIDENT STIPULATION AGAINST LIENS- 2-8-00 File'No. 02-7644CDFN ALL THAT CERTAIN lot of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western extremity of an arc connecting the western dedicated right-of-way line of Bdsbain Lane and the northern dedicated right-of-way line of Westwood Drive; thence by the northern right-of-way line of Westwood Ddve, South sixty-seven degrees thirty-three minutes fifty-nine seconds West (S 67° 33' 59' W), one hundred ten and forty-seven hundredths (110.47) feet to a point at the dividing line of Lot #117 and Lot #180; thence by line of Lot #117, North twenty-two degrees twenty-six minutes one second West (N 22° 26' 01' W), sixty-six and forty hundredths (66.40) feet to a point at the dividing line of Lot #81 and Lot #80; thence by line of Lot #81, North fifty-three degrees fifty- five minutes thirty-nine seconds East (N 53° 55' 39' E), one hundred ten and twenty-three hundredths (110.23) feet to a point on the western right-of-way line of Bdsbain Lane; thence by said right-of-way, South thirty-six degrees four minutes twenty-one seconds East (S 36° 04' 21' E), seventy-six and zero hundredths (76.00) feet to a point; thence by Wastwood Drive by a curve to the right having a radius of f~teen and zero hundredths (15.00) feet and an arc length of twenty-seven and thirteen hundredths (27.13) feet, said curve also having a Chord bearing and distance of South f~een minutes forty- four minutes forty-nine seconds Wast (S 15° 44' 49' W), twenty-three and frfty-eight hundredths (23.58) feet to a point on the northern right-of-way line of Wastwood Drive, the placa of BEGINNING. BEING Lot ~80 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106. SUBJECT to restrictions, conditions and easements as set forth on the above mentioned Subdivision Plan. STIPULATION AGAINST LIENS- 2-~00 SHERIFF'S RETURN CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DOYLE WILLIAM A CPL. MICHAEL BARRICK , - REGULAR Parcel 41-32-2290-002 Cumberland County, Pennsylvania, says, the within PETITION CUMBERIJZND COUNTY TAX CLAIM BUREAU Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the WITNESS , at 0805:00 HOURS, on the 26th day of April at ONE COURTHOUSE SQ , 2002 CARLISLE, PA 17013 JULIE KURTZ, STAFF ASST. a true and attested copy of PETITION by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this ~ ~ day of ~ ~2_~ A.D. / IP~Cho~otary - , So Answers: R. Thomas Kline 05/17/2002 COUNTY OF CU-MBERLA~'D ,~/ " SHERIFF'S RETURN CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DOYLE WILLIAM A DAVID MCKINNEY - REGULAR Parcel 41-32-2290-002 Cumberland County, Pennsylvania, says, the within PETITION JACKSON-MINNELLI PATRICIA A Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the WITNESS , at 1800:00 HOURS, on the 26th day of April at 311 HIGH MOUNTAIN ROAD , 2002 SHIPPENSBURG, PA 17257 PATRICIA JACKSON a true and attested copy of PETITION by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this ?~ day of A.D. /' ~ Pro%-honotary ' So Answers: R. Thomas Kline 05/17/2002 COUNTY OF CUMBERLAND By: , ~% Deputy Sheriff SHERIFF'S RETURN CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DOYLE WILLIAM A - REGULAR Parcel 41-32-2290-002 BRYAN WARD Cumberland County, Pennsylvania, says, the within PETITION BIG SPRING SCHOOL DISTRICT FINANCE OFFICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the WITNESS , at 0923:00 HOURS, at 45 MT ROCK RO~_D NEWVILLE, PA 17241 HEIDI WARNER, SPEC ED SEC on the 29th day of April , 200__2 by handing to a true and attested copy of PETITION together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 23.59 Sworn and Subscribed to before me this 7-- day of ~J ~2~ A.D. , tPro~honotary~ · , So Answers: R. Thomas Kline 05/17/2002 COUNTY OF CUMBERLAND By: / D~ep~y ~ J SHERIFF'S RETURN CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DOYLE WILLIAM A BRYAN WARD - REGULAR Parcel 41-32-2290-002 Cumberland County,Pennsylvania, says, the within PETITION SOUTH NEWTON TOWNSHIP Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the WITNESS , at 0900:00 HOURS, on the 29th day of April at C/O TAMMY SIPES -SECRETARY 17 ALLISON DRIVE , 2002 SHIPPENSBURG, PA 17257 RANDI SIPES, DAUGHTER a true and attested copy of PETITION by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this ~ day of ~-- ~L~ A.D. ! / ~rothonotary ' / So Answers: R. Thomas Kline 05/17/2002 COUNTY OF CUMBERLAND Deputy~Sh~ri f f SHERIFF'S RETURN - U.S. CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Cb-MBERLAND COUNTY TA~ CLAIM VS. DOYLE WILLIAM A R. Thomas Kline CERTIFIED MAIL Parcel 41-32-2290-002 County, Pennsylvania, within named WITNESS , Sheriff of Cumberland who being duly sworn according to law served the ,HOMESIDE LENDING INCORPOP~ATED prepaid, on the 25th day of April 7301 BAYMEADOWS WAY by United States Certified Mail postage ,2002 at 0000:00 HOURS at JACKSONVILLE, FL 32256 and attested copy of the attached PETITION with receipt card was signed by KAREN ?????? 04/29/2002 Additional Comments: a true Together The returned on Sheriff's Costs: Docketing 6.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 So answers: ~>.~ ~ R. Thomas Kline Sheriff of Curr~erland County Paid by COUNTY OF CUMBERLAND Sworn and subscri~gd to before me this ~ ~ day of J~o~- A.D. ~r6thonotary on 05/17/2002 SHERIFF'S RETURN - U.S. CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. DOYLE WILLIAM A R. Thomas Kline CERTIFIED MAIL Parcel 41-32-2290-002 County, Pennsylvania, within named WITNESS , Sheriff of Cumberland who being duly sworn according to law served the ,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC prepaid, on the 25th day of April ,2002 at 0000:00 HOURS, 1595 SPRING HILL ROAD SUITE 310 by United States Certified Mail postage at VIENNA, VA 22182 and attested copy of the attached PETITION with receipt card was signed by DORRIS HAWKINS 04/29/2002 , a true Together The returned on Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 ~. Thomas Kline Sheriff of Cumberland County Paid by COUNTY OF CUMBERLAND Sworn and subscri~d to before me this ~ day of ~_~, ~ ~ro;chon&~ary on 05/17/2002 SHERIFF'S RETURN - U.S. CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. DOYLE WILLIAM A R. Thomas Kline CERTIFIED MAIL Parcel 41-32-2290-002 County, Pennsylvania, within named WITNESS , Sheriff of Cumberland who being duly sworn according to law served the ,KEY BANK USA NA KEY HOME EQUITY SERVICE by United States Certified Mail postage prepaid, on the 25th day of April ,2002 at 0000:00 HOURS, at 8000 MIDLANTIC DRIVE SUITE 202N MT LAUREL, NJ 08054 and attested copy of the attached PETITION with a true Together The returned receipt card was signed by 00/00/0000 on Additional Comments: RETURNED TO SHERIFF AS NOT DELIVERABLE AS ADDRESSED-UN~kBLE TO FORWARD Additional Comments Sheriff's Costs: Docketing 6.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 So ans~weus~: /r R. Thomas Kline Sheriff of Cumberland County Paid by COUNTY OF CUMBERLAND Sworn and subscr~ed to before me this ?q~ day of~/~ ~002~ A.D. ~r~Sthonotary ' on 05/17/2002 SHERIFF'S RETURN CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS. DOYLE WILLIAM A R. Thomas Kline - U.S. CERTIFIED MAIL Parcel 41-32-2290-002 County, Pennsylvania, within named WITNESS , Sheriff of Cumberland who being duly sworn according to law served the ,APPROVED FEDERAL SAVINGS BANK , prepaid, on the 25th day of April 2380 COURT PLAZA DRIVE by United States Certified Mail postage ,2002 at 0000:00 HOURS, at VIRGINIA BEACH, VA 23456 and attested copy of the attached PETITION with receipt card was signed by 00/00/0000 , a true Together The returned on Additional Comments: Sheriff's Costs: Docketing 6.00 Cert Mail 4.40 Affidavit .00 Surcharge 10.00 .00 20.40 SO ans~wers~:, / ?' R. Thomas Kline Sheriff of Cumberland County Paid by COUNTY OF CUMBERLAND Sworn and subscri~d to before me this '/~ day of ~ ~____8~A. D. ' l~r~tho~6%a~y~ - ? ~ on 05/17/2002 SHERIFF'S RETURN - REGULAR CASE NO: 2002-01621 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CUMBERLAND COUNTY TAX CLAIM VS DOYLE WILLIAM A Parcel 41-32-2290-002 BRIAN BARRICK Cumberland County, Pennsylvania, says, the within PETITION DOYLE WILLIAM A Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the RESPONDANT , at 261 RIDGE HILL ROAD at 1518:00 HOURS, on the 1st day of May , 2002 APT 2 MECHANICSBURG, PA 17055 JAMES CANNA]DAY, NEPHEW by handing to a true and attested copy of PETITION together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 6.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 20.14 Sworn and Subscribed to before me this 7 ~ day of (~ ~,.,~.~ ~'2~-~, ~ A.D. 'Pffoth~otary So Answers: R. Thomas Kline 05/17/2002 ~ COUNTY OF CUMBERLAND Deputy Sheriff