HomeMy WebLinkAbout02-2566Stipulations Against Liens
File Number 02-5823C-1
VILLAGE HOMES ~IT
WESTWOOD GLEN, INC., .4
PENNS YL V/INI/I
CORPORATION
Owner
VILL/IGE HOME BUILDERS,
INC.
Contractor
In the Court of Common Pleas County of
Cumberland
Docket Number
Page Number
· Pennsylvania
Term 19
Vv'hereas, on this 17th day of May, 2002, VILLAGE HOME BUILDERS, INC. ('Contractor") of 114 FOXSHIRE DRIVE,
LANCASTER, PA 17601 has entered into a contract with VILLAGE HOMES AT WESTVVOOD 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 BRISBAIN LANE, MECHANICSBURG
PA,, 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, premise 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.
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 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
ROBERT P. BOWMAN, PRESIDENT
BY: V
ROBERT P. BOWMAN, PRESIDENT
STIPULATION AGAINST LIENS- 2-8-00
File No. 02-5823C-1
ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania,
more particularly bounded and described as follow, to wit:
BEGINNING at a point on the eastern dedicated right-of-way line of Brisbain lane at the dividing line of Lot #31 and
Lot #32; thence by line of Lot #31, North fifty-three degrees fifty-five minutes thirty-nine seconds East (N 53° 55'
39" E), one hundred five and zero hundredths (105.00) feet to a point; thence by line of lands now or formerly of
Charles M. Wadsworth, South thirty-six degrees four minutes twenty-one seconds East (S 36° 04' 21" E), eighty
and zero hundredths (80.00) feet to a point at the dividing line of Lot #33 and Lot #32; thence by line of Lot #33,
South fifty-three degrees fifty-five minutes thirty-nine seconds West (S 53° 55' 39" W), one hundred five and zero
hundredths (105.00) feet to a point on the eastern right-of-way line of Brisbain Lane; thence by said right-of-way,
North thirty-six degrees four minutes twenty-one seconds West (N 36° 04' 21" W), eighty and zero hundredths
(80.00) feet to a point at the dividing line of Lot #31 and Lot #32, the place of BEGINNING.
BEING Lot #32 on the Final Subdivision Plan for Westwood Hills, Phase IV, recorded in Plan Book 81, Page 106.
UNDER AND SUBJECT, NEVERTHELESS, to other restrictions, conditions and easements as set forth on the above-mentioned
Subdivision Plan.
STIPULATION AGAINST LIENS- 2-8-00