HomeMy WebLinkAbout02-1737GATEWAY SQUARE ASSOCIATES,
Owner/Plaintiff,
¥$.
REAL SERVICES, INC.,
Contractor/Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:: DocI T NO. 7
:
REAL SERVICES, INC.,
Contractor/Plaintiff,
VS.
GATEWAY SQUARE ASSOCIATES,
Owner/Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: DOCKET NO.
:
STIPULATION AGAINST MECHANICS' LIENS AND CLAIMS
WHEREAS, on March 14, 2002, Real Services, Inc. (hereinafter"Contractor") entered into
an agreement with Gateway Square Associates (hereinafter "Owner") to furnish the labor, materials,
tools, equipment and other items necessary to complete the work described therein for the
improvement and repair of Owner's commercial real property known as Gateway Square Shopping
Center, located in Hampden Township, Cumberland County, Pennsylvania, and identified as Tax
Parcel No. 10-20-1842-088A;
WHEREAS, paragraph 5.4 of the aforesaid agreement provides that Contractor will execute
a Stipulation Against Lien preventing the filing of any mechanics' liens or claims against the property
on which the work is performed.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS that in consideration
of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged,
Contractor, on behalf of itself and all of its subcontractors, hereby waives and releases any mechanics'
or materialmen's lien, or claim or right of such lien, on or against the Owner's real property and
improvements now or hereai%r located thereon, which now exist or might otherwise arise because
of the labor or materials furnished or to be furnished by the undersigned pursuant to the agreement
described above. This instrument is intended to be filed of record pursuant to 49 P.S. § 1402 as notice
to any and all subcontractors that they shall be bound hereby.
IN WITNESS WHEREOF, and intending to be legglly bound hereby, Contractor has caused
this instrument to be executed on this ._~ day of ff-Jc~-J ~ ,2002.
WITNESS
COMMONWEALTH OF
COUNTY OF
REAL SERV~
SS:
~~ACTOR
~ARD, PRESIDENT
On this, the ~ day of/-~-~ , 2002, before me, a Nota~j Public, the
undersigned officer, personally appeared JOHN W. WOODWARD, who acknowledged himself to
be the President of REAL SERVICES, INC., a corporation, and that he as such President, being
authorized to do so, executed the foregoing instrument for the purposes herein contained by signing
the name of the corporation by himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
PmP 'ub' :'~o~.E~pires:( 1
i NOTARIAL SEAL
UNDA J. McJUNKIN, Notary Public
Twp.,
County
,ny~,omrmss~n ~xpires Feb.
PROPERTY DESCRIPTION
ALL THAT CERTAIN tract of land situated in Hampden Township, Cumberland County,
Pennsylvania, being designated as Tract "A" on a Plan of Subdivision made for Crossgates, Inc. and
recorded in the Recorder of Deeds Office of Cumberland County in Plan Book 51, Page 109, and
being bounded and described as follows:
BEGINNING at an iron pin on the southern right-of-way line of Carlisle Pike, U.S. Route 11 (also
known as Pennsylvania Legislative Route No. 34), said point being 30 feet south of the centedine of
said Carlisle Pike at the line of lands now or formerly of Hampden Township; thence from said point
of beginning, South 10 degrees 03 minutes 57 seconds West, 790.29 feet to an iron pin; thence by
the same lands South 88 degrees 34 minutes 24 seconds West, 1113.75 feet to an iron pin in the
center line of Brandy Lane, a 33 foot wide road; thence along the center line of said Brandy Lane and
by the lands now or formerly of the United States Government the following courses and distances:
North 03 degrees 40 minutes 36 seconds West, 275.55 feet to a spike; thence by the same, North 00
degrees 40 minutes 36 seconds West, 315.49 feet to a spike, said point being the southerly line of
New Brandy Lane, as shown on the aforesaid Plan of Subdivision for Crossgates, Inc.; thence by said
line of New Brandy Lane, with a curve to the right, having a radius of 270.00 feet, (subtended by a
chord North 59 degrees 42 minutes 27 seconds East, 266.86 feet) an arc distance of 279.14 feet to
a point; thence by the same North 89 degrees 19 minutes 24 seconds East, 152.81 feet to a point;
thence by the same with a curve to the left, having a radius of 390.00 feet, (subtended by a chord
North 74 degrees 45 minutes 54 seconds East, 196.06 feet) an arc distance of 198.19 feet to a point;
thence by the same South 29 degrees 47 minutes 36 seconds East, 15.00 feet to a point; thence by
the same, with a curve to the left, having a radius of 405.00 feet, (subtended by a chord North 48
degrees 53 minutes 47 seconds East, 158.86 feet) an arc distance of 159.89 feet to a point; thence
by the same, North 37 degrees 35 minutes 11 seconds East, 176.65 feet to a point; thence by the
same, with a curve to the right, having a radius of 65.00 feet, (subtended by a chord North 77 degrees
58 minutes 44 seconds East, 84.24 feet) an arc distance of 91.65 feet to a point on the southern right-
of-way of Carlisle Pike aforesaid; thence by the same, with a curve to the right, having a radius of
7609.49 feet, (subtended by a chord South 59 degrees 57 minutes 47 seconds East, 442.68 feet) an
arc distance of 442.74 feet to an iron pin at the point of BEGINNING
CONTAINING 22.35 acres and being part of a tract of land surveyed by D.P. Raffensperger and
Associates for Crossgates, Inc., last revised June 19, 1986.
BEING known as Tax Parcel No. 10~20-1842-088A.
EDWARD STOCK, ESQUIRE
I.D.#13657
18th Floor
1608 Walnut Street
Philadelphia, PA 19103
(215) 893-9322
Attorney for Plaintiff
DISCOVER BANK, ISSUER OF
DISCOVER CARD BY ITS AGENT
DISCOVER FINANCIAL SERVICES,
INC.
P.O. Box 6011
Dover, DE 19903-6011
Plaintiff
vs.
MARGARET G. MITSIOS
1646 Cedar Cliff Drive
Camp Hill, PA 17011-7714
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
TRIAL DIVISION
NO. 2002-01734
ORDER TO DISCONTINUE
TO THE PROTHONOTARY:
captioned~ ~.~~ntincas is ontinued
Kindly mark the above ~w.~ v7 ~------- ·