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HomeMy WebLinkAbout02-1594STIPULATION AGAINST LIENS KOLLASANDCOSTOPOULOS, Own~ VS. GLENN SNIDER, IR. and GLEN MH.LER, t/d/b/a SNIDER-MII.LER BUILDERS, Contractor : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WHEREAS, KOLLAS AND COSTOPOULOS, of 1104 Fernwood Avenue, Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Owner, is about to execute contemporaneously herewith, a contract, with Glenn Snider, Jr., and Glen Miller, t/d/b/a SNIDER-MILLER BUII,DERS, for the erection of houses ancillary to development in a complex known as Westgate, Phase IH, Cumberland County, Pennsylvania, construction described as follows: ALL THOSE CERTAIN tracts or parcels of ground on Lot Nos. 30 & 31 of South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, this 28th day of March , 2002, at the time of and immediately before the execution of the principal contract dated March 28 , 2002, and before any authority has been given by the said Owner, to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the marking of the said contract with Owner, and the further consideration of One Dollar and 00/100 ($1.00), to Contractor paid by Owner, 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. WITNESS, our hand and seals the day and year aforesaid. SIGNED, SEALED AND DELIVERED in the presence of WITNESS: KOLLAS AND COSTOPOULOS BY: William C. KoHas, Owner Date: ATTEST: BY: BY: SNIDER-MII ,I ,ER BUil~DERS Glenn Snider, Date: Glen Nffiler Date: Legal Description Lot No. 30 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 30, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the northern right-of-way line of Westgate Drive at the line of Lot No. 29, said point being located the following six (6) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the left, having a radius of twenty-five feet (R--25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of one hundred ninety-three and six hundredth feet (R.--193.06'), an arc distance of fifty and four hundredth feet (A/L=50.04'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of two hundred seventy-five and thirty-seven hundredth feet (275.37'); 4) by a curve to the left, having a radius of three hundred seventy-five feet (R=375.00'), an arc distance of one hundred ninety-eight and fifty-three hundredths feet (AfL=198.$3'); 5) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of one thousand six hundred thirty-four and thirty-eight hundredth feet (1,634.38'); 6) by a curve to the right having a radius of two hundred twenty-five feet (R=225.00'), an arc distance of three hundred nineteen and seventy-six hundredth feet (A/L=319.76'); thence from said point of Beginning, by Lot No. 29, North twenty-four degrees, fiftY-four minutes, twenty-five seconds West (N 24° 54' 25" W), a distance of one hundred sixty-two and thirty-five hundredth feet (162.35') to a point; thence by Open Space for a Park North thirty-nine degrees, forOff minutes, zero seconds East (N 39° 40* 00'* E), a distance of thirty-eight and forty-nine hundredth feet (38.49') to a point; thence by'land now or late of Norfolk Southern Railroad Company South eighty-two degrees, thirty-three minutes, thirty-four seconds East (S 82° 33' 34" E), a distance of one hundred one and thirty-six hundredth feet (101.36'); thence by Lot No. 31 South five degrees, fifty-four minutes, twenty-five seconds East (S 05° ~4' 25** E), a distance of one hundred forty-four and seventy-nine hundredth feet (144.79') to a point on the northern right-of-way line of Westgate Drive; thence by said right-of-way, by a curve to the left, having a radius of two hundred twenty-five feet (R=225.00'), an arc distance of seventy-four and sixty-one hundredth feet (A/L=74.61') to a point, the place of Beginning. Said tract contains 16,573.26 square feet. EXHIBIT "A" Legal Description Lot No. 31 Westgate Development All that certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania. Being Lot No. 31, Phase 3 Westgate Development, bounded and described as follows, to wit: Beginning at a point on the northern right-of-way line of Westgate Drive at the line of Lot No. 30, said point being located the following six (6) courses from the northern right-of-way line of West Pine Street; 1) by a curve to the left, having a radius of twenty-five feet (R=25.00'), an arc distance of thirty-nine and twenty-seven hundredth feet (A/L=39.27'); 2) by a curve to the left, having a radius of one hundred ninety-three and six hundredth feet (R=193.06'), an arc distance of fifty and four hundredth feet (A/L=50.04'); 3) North fourteen degrees, zero minutes, zero seconds East (N 14° 00' 00" E), a distance of two hundred seventy-five and thirty-seven hundredth feet (275.37'); 4) by a curve to the left, having a radius of three hundred seventy-five feet (R=375.00'), an arc distance of one hundred ninety-eight and fifty-three hundredths feet (A/L=198.53'); 5) North sixteen degrees, twenty minutes, zero seconds West (N 16° 20' 00" W), a distance of one thousand six hundred thirty-four and thirty-eight hundredth feet (1,634.38'); 6) by a curve to the right having a radius of two hundred twenty-five feet (R=225.00'), an arc distance of three hundred ninety-four and thirty-seven hundredth feet (A/L=394.37'); thence from said point of Beginning, by Lot No. 30, North five degrees, fifty-four minutes, twenty-five seconds West (N 05° 54' 25" W), a distance one hundred forty-four and seventy-nine hundredth feet (144.79') to a point; thence by land now or late of Norfolk Southern Railroad Company South eighty-two degrees, thirty-three minutes, thirty-four seconds East (S 82° :53' 34" E), a distance of one hundred twenty- one and one hundredth feet (121.01'); thence by Lot No. 32 South thirteen degrees, five minutes, forty-nine seconds West (S 13° 05' 49" W), a distance of one hundred thirty- six and fifty-six hundredth feet (136.56') to a point on the northern right-of-way line of Westgate Drive; thence by said right-of-way, by a curve to the left, having a radius of two hundred twenty-five feet (R=225.00'), an arc distance of seventy-four and sixty-three hundredth feet (A/L--74.63') to a point, the place of Beginning. Said tract contains 13,373.33 square feet. John R. Ninosky, Esquire I.D. #78000 GOLDBERG, lfATZMI~N & SHIPPU~N, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Counsel for Defendant D~LRLENE K. JONES, Plaintiff vs. JACLYN M. GINGRICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVkNIA : CIVIL ACTION - LAW NO. 03-1594 CIVIL TERM JURY TRIAL DEPLANDED NOTICE TO THE PLAINTIFF: You are hereby notified to plead to the enclosed New Matter within twenty (20) days from the date of service hereof, or a default judgment may be entered against you. C-OLDBERG, KATZ~L~%N & SHIPMAN, P.C. Date: 7/~/0 97778.1 ~ Joh~ R. Nln6~k~, Es~ire 320 Market Street P.O. Box 11268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 78000 Attorneys for Defendant