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Home My WebLink About08-4702STIPULATION AGAINST LIENS CONSTANTINOS J. MALLIOS and ELAINE MALLIOS, Owners pis s~~~nk Ra, ~ ~y sp~,~PP~ vs. ~ (ps VARISH CONSTRUCTION, INC., Contractor y 7 0 ~. w~ ~b ~0° ~~~ Rc~, Ge~ysl,~~g, P-~1 ~~ ids WHEREAS, CONSTANTINOS J. MALLIOS and ELAINE MALLIOS, of 715 Sandbank Road, Mount Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as Owners, are about to execute contemporaneously herewith, a contract, with VARISH CONSTRUCTION, INC., for the erection of houses ancillary to development in a complex known as Westgate Development, Phase VI, Cumberland County, Pennsylvania, construction described as follows: ALL THAT CERTAIN tract of land situate in the Township of South Middleton Township and Mt. Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania known as Phasss No. V, VI, VII & VIII of Westgate Development more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this day of ~u~~ , 2007, at the time of and immediately before the execution of the principal contract dated 5 ~N ~' , 2007, and before any authority has been given by the said Owners, to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Owners, and the further consideration of One Dollar and 00/100 ($1.00), to Contractor paid by Owners, it is agreed that no lien shall be filed against the building by the Contractor, or any sub-contractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ ~ WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED in the presence of WITNESS: ~~ BY: ~ - ~~~ ,' Constantinos J. Mallios Elaine Mallios ATTEST: VARISH CONSTRUCTION, INC BY: President EXHIBIT "A" ALL THAT CERTAIN tract of land situate in the Township of South Middleton Township and Mt. Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania known as Phases No. V, VI & VII of Westgate Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of Deeds Office of Cumberland County in Plan Book.Volume 94, Page 59 on May 21, 2007, bounded and described as follows: BEGINNING at a point on the western right-of--way line of Walnut Street at the line of lands now or late of Thomas E. and Doris B. Kendall; thence from said point of BEGINNING by said land, North eighty-nine degrees, zero minutes, thirty-four seconds West (N 89° 00' 34" N~, a distance of two hundred-two andthirty-six hundredths feet (202.36) to a point; thence by Phase VIII, North five degrees, forty-eight minutes, twenty-six seconds West (1V OS° 48' 26" T~, a distance of six and twelve hundredths feet (6.12) to a point; thence continuing by Phase VIII, North eighty-nine degrees, zero minutes, five seconds West (1Y89° 00' OS" N~, a distance of two hundred thirty-seven and forty-four hundredths feet (237.44) to a point; thence continuing by Phase VIII, by a curve to the left, having a radius of one thousand nine hundred seventy five feet (R=1975.00 ), an arc length of one hundred sixty-one and sixteen hundredths feet (A/L=161.16) to a point; thence continuing by Phase VIII, South three degrees, twenty-eight minutes, thirty-four seconds East (S 03° 28' 34" E), a distance of six hundredthirty-two and thirty-one hundredths feet (632.31) to a point; thence by lands now or late of Wesley United Methodist Church and by lands of Mt. Holly Springs Borough, South seventy-four degrees, twenty minutes, zero seconds West (S 74° 20' 00" T~, a distance of one thousand two hundred nineteen and thirty hundredths feet (1219.30) to a point; thence by Phase II of Westgate Lot No. l 69 and crossing Parkway Drive, North fifteen degrees, forty minutes, zero seconds West (N I S° 40' 00" N~, a distance of one hundred ninety feet (190.00) to a point; thence by the northern right-of--way line of Parkway Drive, South seventy-four degrees, twenty minutes, zero seconds West (74° 20' 00" T~, a distance of twenty-five and forty-one hundredths feet (25.41) to a point; thence by Lot No. 98 of Phase II of Westgate, North fifteen degrees, forty minutes, zero seconds West, (N1 S° 40' 00" T~, a distance of one hundred twenty feet (120.00) to a point; thence continuing by Lot No. 98 of Phase II of Westgate, South seventy-four degrees, twenty minutes, zero seconds West (S 74° 20' 00" N~, a distance of forty feet (40.00) to a point; thence by an existing detention basin area of Phase II of Westgate, North sixteen degrees, forty minutes, zero seconds West (N 16° 40' 00" N~, a distance of three hundred thirty-three and ninety-three hundredths feet (333.93) to a point; thence continuing by the same, North eighty-two degrees, twenty-five minutes, zero seconds West (N82° 25' 00" N'), a distance of seventy-three and twelve hundredths feet (73.12) to a point; thence by Lot No. 88 Phase II of Westgate and crossing Westgate Drive, North fifteen degrees, eighteen minutes, fifty-five seconds East (1V I S° 18' SS"E), a distance of one hundred seventy-seven and seventy-two hundredths feet (177.72) to a point; thence by Open Space Detention Basin of Phase II of Westgate and the northern right-of--way line of Westgate Drive, by a curve to the left, having radius of one hundred seventy-five feet (R=175.00 ), an arc length of sixty-eight and eighty-nine hundredths feet (A/L=68.89) to a point; thence continuing along the same, North eighty-two degrees, forty-five minutes, thirty-two seconds East (1V 82° 45' 32"E), a distance of fifty-two and seventeen hundredths feet (52.17) to a point; thence continuing along the same, by a curve to the left, having a radius of twenty-five feet (R=25.00 ), an arc length ofthirty-eight and sixteen hundredths feet (A/L=38.16) to a point on the western right-of- way line of White Oak Circle; thence by said right-of--way line the following two (2) courses: (1) North four degrees, forty-two minutes, nineteen seconds West (N04° 42' 19" T~, a distance of fifty- two and seventeen hundredths feet (52.17) to a point; (2) thence by a curve to the right, having a radius of two hundred twenty-five feet (R=225.00 ), an arc length of one hundred eighty-five and twenty-one hundredths feet (~1/L=185.21) to a point; thence continuing by the Open Space Detention Basin by Lot No. 32, Phase II of Westgate, North forty-seven degrees,thirty-two minutes, twenty-eight seconds West (N47° 32' 28" i~, a distance of one hundred sixty-seven andthirty-five hundredths feet (167.35) to a point; thence still by Open Space Detention Basin and by Lots 132 and 133, North forty-six degrees, twenty-five minutes, nine seconds East (N46° 2S' 09"E), a distance of one hundred fifty-one and eighty-eight hundredths feet (151.88) to a point on the southernright- of-way line of lands now or late of Consolidated Rail Corporation (Conrail); thence along Conrail the following seven (7) courses (1) South eighty-one degrees, forty-five minutes, forty-five seconds East (S 81 ° 45' 45" E), a distance of seven hundred ten and four hundredths feet (710.04) to a point, (2) South sixty-two degrees, thirty-three minutes, zero seconds East (S 62° 33' 00" E), a distance of eighty-one and seventy-six hundredths feet (81.76) to a point, (3) North seventy-four degrees, forty-two minutes, ten seconds East (N 74° 42' 10" E), a distance of ninety-five feet (95.00) to a point, (4) South eighty-seven degrees, three minutes, fifty-one seconds East (S 87° 03' SI "E), a distance of three hundred sixty-four and forty-two hundredths feet (364.42) to a point, (S) South eighty-nine degrees, fifty minutes, twenty-one seconds East (S 89° SO' 21 " E), a distance of forty-eight and fifty-six hundredths feet (48.56) to a point, (6) South eighty-nine degrees, seven minutes, thirty seconds East (S 89° 07' 30" E), a distance of two hundred twenty and four hundredths feet (220.04) to a point, (7) North eighty-eight degrees, forty-eight minutes, forty-eight seconds East (N 88° 48' 48" E), a distance of one hundredtwenty-four and seventy-two hundredths feet (124.72) to a point; thence by lands now or late of Mary E. Fisher, South zero degrees, zero minutes, fifteen seconds East (S 00° 00' 1 S" E), a distance of one hundred thirteen and twenty-one hundredths feet (113.21) to a point; thence by lands of Mary E. Fisher and the northernright-of--way line of Westgate Drive (Lawman Avenue Extended), South eighty-nine degrees, zero minutes, five seconds East (S 89° 00' OS" E), a distance of one hundredninety-two and ninety-seven hundredths feet (192.97) to a point on the western right-of--way line of Walnut Street; thence by the western right-of--way line of Walnut Street, South five degrees, forty-eight minutes, twenty-eight seconds East (S OS° 48' 28" E), a distance of fifty-six and forty-five hundredths feet (56.45) to a point, the place of BEGINNING. SAID TRACT CONTAINS 1413708.85 sq ft or 32.4543 acres. BEING Phases 5, 6, & 7 of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs, Cumberland County, Pennsylvania. ALL THAT CERTAIN tract of land situate in the Township of South Middleton Township and Mt. Holly Springs Borough, Cumberland County, Commonwealth of Pennsylvania known as Phase No. VIII of Westgate Development prepared by Hartman & Associates, a copy of which is recorded in the Recorder of Deeds Office of Cumberland County in Plan Book Volume 94, Page 59 on May 21, 2007, bounded and described as follows: BEGINNING at a point on the southern right-of--way line of Westgate Drive (Laurnan Avenue Extended) at the line of other lands now or late of Kollas and Costopoulos; thence from said point of BEGINNING by lands now or late of Kollas and Costopoulos, lands now or late of Thomas E. and Doris B. Kendall, lands now or late of Stanley J. and Kathryn Zygmunt, lands now or late of Dennis A. and Debra K. Gardner, lands now or late of Raymond S. and Helen Gritt, lands now or late of Cyrus H. and Beverly J. Russel, lands now or late Andrew M. and Holly L. Shughart, lands now or late of Terry L. March, lands now or late of Timothy R. Swartz, lands now or late of William E. Lehman, and lands now or late Dorothy N. Sheaffer, South five degrees, forty-eight minutes, twenty-six seconds East (S OS° 48.' 26" E), a distance of seven hundred seventy-two and twenty- seven hundredths feet (772.27) to a point; thence by lands now or late of Ross J. Yingst, South eighty-four degrees, zero minutes, zero seconds West (S 84° 00' 00" N~, a distance of one hundred sixty and eight hundredths feet (160.08) to a point; thence by lands now or late of Sylvavia Shoe Manufacturing Corporation, North thirty degrees, forty-three minutes, zero seconds West (N30° 43' 00" N~, a distance of two hundred thirty-six and five hundredths feet (236.05) to a point; thence continuing by the last mentioned, South seventy-two degrees, fifty-six minutes, zero seconds West (S 72° 56' 00" N~, a distance of one hundred sixty-five and eighty hundredths feet (165.80) to a ,point; thence by a line of Phase No. VI of Westgate, Lots No. 156, 155, 154, 153, 152 and 151 respectively, North three degrees, twenty-eight minutes,thirty-four seconds West (N03° 28'34" N~, a distance of six hundred thirty-two and thirty-one hundredths feet (632.31) to a point on the southern right-of--way line of Westgate Drive; thence by a curve to the right, having a radius of one thousand nine hundred seventy-five feet (R=1975.00 ), an arc length of one hundred sixty-one and sixteen hundredths feet (A/L=161.16) to a point; thence continuing by the same, South eighty-nine degrees, zero minutes, five seconds East (S 89° 00' OS" E), a distance of two hundredthirty-seven and forty-four hundredths feet (237.44) to a point, the place of BEGINNING. SAID TRACT CONTAINS 285287.48 sq ft or 6.5493 acres. BEING Phase 8 of the Final Subdivision Plan of Westgate Development, Mt. Holly Springs, Cumberland County, Pennsylvania.