HomeMy WebLinkAbout05-2671
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FREDERICK C. MILLER, and
CONSTANTIN OS J. MALLlOS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. O~- ;;<.0-;1 /YJI.-/) ...:1~
(OWNER)
vs.
FCM BUILDERS, INC.,
LOT NO.1, FOX HOLLOW ROAD, MECHANICSBURG
CUMBERLAND COUNTY, PENNSYLVANIA
(GENERAL CONTRACTOR)
STIPULATION AGAINST LIENS
WHEREAS, FREDERICK C. MILLER and CONSTANTINOS J. MALLlOS, the OWNER of the real
estate described below, has or is about to execute a contract with FCM BUILDERS, INC. , whose
principal business address is l., mJ/Jld III/in Dfl ;l'/ec),anlCS!,,;fj P1I17/KS , Pennsylvania,
to construct a single family dwelling upon lands situate at LOT NO.1, FOX HOLLOW ROAD,
MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, and more particularly bounded and
described on Exhibit "A" attached hereto and made a part hereof; and,
NOW, THEREFORE. this ~ day of rY}:l\,( , 2005, before any authority had been given
by FCM BUILDERS, INC. to commente work on said facIlities, or purchase materials for
same, in consideratio.n of making of the above-described Contract with FREDERICK C, MILLER and
CONSTANTINOS J. MALLlOS, Owner, and in further consideration of One ($1.00) Dollar paid to the
general contractor by FREDERICK C. MILLER and CONSTANTINOS J, MALLlOS, Owner, the receipt
whereof is hereby acknowledged, it is agreed that no liens or claims shall be filed or maintained against the
Owner's facilities ancl the land above-described, or upon FREDERICK C. MILLER and CONSTANTINOS J.
MALLlOS, the Owner"by the general contractor, or any of its subcontractors, or by any of the materialmen
or workmen, or any other person acting through or under them, for or on account of any labor, or materials
purchased, or extra labor or materials purchased for, towards, in or about the erection, construction,
design and improvement of said facilities, under said contract or otherwise, the right to have, file and
maintain such liens or: claims against the facilities, the land above-described, and FREDERICK C, MILLER
and CONSTANTINOS J, MALLlOS, the Owner, being hereby expressly waived by the general contractor for
itself, its subcontractors, all materialmen, or workmen and other acting through or under them.
IN WITNESS WHEREOF, each of the parties by their duly authorized representatives have hereunto
executed the Stipulation Against Liens this -1D- day of /YJ(JtJ , 2005.
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Frederick C. Miller
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Constantinos J, Mallios
WITNESS: ;/
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ATTEST:
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CM BUILDERS, I~. . .
General Contractor
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EXHIBIT" A"
ALL THAT CERTAIN tract or parcel ofland located in the Township of
Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, and
being all of Lot No, 1, Final Subdivision Plan of High Meadow, Phase IV, dated
July 19,1996, and last revised August 27,1997, as recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, on October 2,
1997 in Plan Book 75, Page 94, said tract or parcel of land being more particularly
bounded and described as follows, to wit:
BEGINNING at a point on the southern right of way line of Fox Hollow
Road, said point being located a distance of 25,00 feet South of the center of the
road, said point being the northeast comer of the hereon described lot, as shown on
the above-referenced subdivision plan; thence along the southern right of way line
of Fox Hollow Road, said right of way curving to the right with a radius of239.12
feet, an arc length of 30,08 feet to a point; thence along the northern boundary line
of Lot No, 2, the following two (2) courses and distances: (1) South 36 degrees 50
minutes 00 seconds West, a distance of 137,04 feet to a point, (2) South 47
degrees 59 minutes 30 seconds West, a distance of 165,71 feet to a point, said
point being along the northern right of way line of Lisburn Road; thence along the
northern right of way line of Lisburn Road, the following two (2) courses and
distances: (1) North 42 degrees 00 minutes 30 seconds East, a distance of 68.25
feet to a point, (2) North 38 degrees 08 rninutes 15 seconds West, a distance of
187.38 feet to a point, said point being the southeast comer of adjacent lands now
or formerly ()[ Cyril F, Pipan; thence along the same adjacent lands, North 36
degrees 50 minutes 00 seconds East, a distance of 103.71 feet to a point; thence
along lands now or formerly of John T. Durbin, South 53 degrees 10 minutes 00
seconds East, a distance of 250.00 feet to a point; thence along the same adjacent
owner, North 36 degrees 50 minutes 00 seconds East, a distance of 136,00 feet to a
point, said point being a proposed concrete monurnent and the point of
BEGINNINC.
CONTAINING 0,93 acres ofland, more or less.
SUBJECT to all right of way, easements and restrictions of record on the
date hereof, including, but not limited to, a 50-foot landscape easement, recorded
covenants and restrictions and all other easernents of record.
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