The URL can be used to link to this page

Home My WebLink About01-1158¥~$$ ~, O00011~0 SETTLEMENT WAIVER OF LIENS P.0~/0~ WHEREAS, John D. Herbert 1II and Clairc T. l'terbert, of Cumberland County, Pennsylvania, entered Stp a contract with Collins Construction lnc., of Perry County, Pemlsylvania, to provide materials and perform labor necessary for completion of a residential dwellmg sin. late upon lot of ground located: Lot 3 and 2 North Mountain Rea, Newville, PA 17241, Upper Frankford Township, Cumberland County, PENNSYLVANIA, as more particularly set forth in ~xhibit "A" attached hereto. NOW, THEREFORE, it is hereby stipulatexl and agreed by and between the said parties, as part of file said contract and for the consideration tl~erein set t~rth, that neither thc undersign:ed contractor, any sub-contractor or material man, r~or any other person £urnishi~lg labor or materials to the said contractor under tkis contract shall file a lien for work done or materials furnished to the said building or m~y part thereof. This stipuiation is made and intended to bc flied with the County Prothonotary u, ilhin ten (10) days after date, in. accordance with the requirements of the Act of Assembly of Pennsylvania, in such case provided, IN WITNESS WHEREOF, the said parties hereto have hereunto set their bands and seals this 30th day of Jm~ uary, 2001. WITNESS: /,.~bo D. l-Ivrbert III Claire T. lterbert Baird E. Collins, President JAN-2$-~O1 10:54 YF SETTLEMENT P.03/04 "EXHIBITA" TRACT NO. 1: ALL THAT CERTAIN tract of land w~th the improvements thereon creeled situate in UPPER FRANK.FORD TOWNSHIP, Cunlb~rlm~d County, Pcn.nsylvm~ia, bounded and described in accordance with Final Subdivision Plan for Sylvestcr Z. Baum and Mila M. Bantu, prepared by Eugene Albert ltoekensmith, Registered Surveyor, dated September 3, 1986, a copy of which is reeorderl in the hereinafter named Recorder's Office in Plan Book 51, Page 56, the same being incorporated bereln by reference, as follows: BEGINNING at a point in thc original calterline of 33 feet w/dc Township Road %423 known as Mountain Road at the dividing linc between Lot Nos. 3 and ~.; thence along said original eentcrlino of said 33 feet wide Township Road T-423 lmown as Mountain Road, Soufl~ forty-two (42) degrees nine (9) minutes twenty-five (25) seconds East, a distance of two hundred and no one-hundredths (200.00) feet to a railroad spike set at the dividing line between Lot Nos. 2 and 3; thence along said dividing line between said Lot Nos. 2 and 3 thc following two eomrses and dist~ances: (1) South tbrty-seven (47) degrees fifty (50) minutes thirty-five (35) seconds West, a distance of tbur hundred ninety-n/ne and sixty-four one-hundredths (499.64) feet to an iron pin; and (2) South sixty-three (63) degrees four (4) minutes forty (40) seconds West, a distance of eight hundred fourteen and fifty-sev*n one-hundredths (814.57) feet to an iron pin at corner conmaon to Lot Nos 2, 3 and 9; thence along the dividing line between Lot Nos. 3 and 9, the following two courses and distances: (1) North forty (40) degrees thirteen (13) minutes eleven (l 1) seconds West, a distance of two hundred twenty- four m~d thirty-two one-hundredths (224.32) feet to an iron pin; and (2) North thirty-two (32) degrees fil~y (50) minutes twelve (12) seconds East, a distance o£ eight hundred five and eighty-five one-hundredths (805.85) feet to a point in the rear line of Lot No. 6; thence along the dividing line between Lot No. 3 m~d the rear of Lot NO. 6, 5, and ~,, South forty-two (42) degrees nine (09) minutes twenty-five (25) seconds East, a distance of four hundred Ibrty-six at~d ninety on~-hundredths (44690) t~:et to an iron pin at comer of said Lot No. 4; thence aiong the dividing line between Lot Nos. 3 and 4, North forty-seven (47) degrees fifty (50) minutes thirty-five (35) seconds East, a distance of four hundred ninety-nine and sixly-four one-hundredths (499.64) feet to a pome in the original centcrline of 33 feet wide Township Road T-423, known as Mountain Road at the place of BEGINNING. The above described tract of land is all of Lot No. 3 as shown on said Final Subdivision Plan for Sylvcster Z. Bantu and wife, recorded as aforesaid~, and contains a net arca exclusive of the dod/cared right of way Mmmtain Road of 10.0000 acres. So much of the above closer/bcd Lot No. 3 as lies within 25 feet of the original centerline of 33 foot wide Fownship Road T-423, known as Mountain Road has been dedicated as a portion of thc right of way of said rownship Road as shown on said Final Subdivision Plan of Sylvester Z. Baan~ and wife, recorded as aforesaid. BEING l:he same premises which David J. Fuchs mad Clu'is S. Goodankauf, now known as Chris S. Fuchs, husband and wife by Deed dated the 29th day of March, 1997, and recorded at Cumberland Co,.mty in the Office of the Recorder of Deeds, in and for the County of Cm'nberland, on the 29th day of April. 1997, in Record Book 156, Page 761, granted and conveyed unto lobe} D. Herbert, Il/and Claire T. Herberl, husband and wife, UPI 43-04-0387-028M TRACT NO. 2: ALL THAT CERTAIN tract of land situate h'~ Upper Frankford Township, Cumberland County, Pemasylvania, botmded and described in accordance with a Final Subdivision ~'lan for Sylvester Z. l~amn and Mile M. Bantu, prepared by Eugene Albert Flockensmith, Registered Surv~eyor, dated September 3, 1986, a copy of whlch is recorded in thc hereinafter nanled Recorder's Office in Plan Book 51, Page 56, the 18:55 tF SETTLEMENT P.04/04 same being iJ~corporated herein by reference, as follows: BEGINNIN at a railroad spike set in the original centerline of 33 feet wide Township Road T-423 known as Mom~tain Road at the dividing line between Lots I~'os. 2 and 3; thence along said original centerline said 33 feet wide Township Road To423 lmow~ as Motmtain Road, South forty-two (42) degrees nine (09) minutes twenty-five (25) seconds East a dist,lrice of seven hundred thirty-three and twcntyonine one-hundredths (733.29) feet to an existing railroad spike in the centerline of said road; thence still along said original ccnterline of said road, South forty-two (42) degrees twenty-five (25) minutes one (01) seconds East a distance of twenty-seven and thirty-nine one hua~dredths (27.39) feet to a railroad spike set at the dividing line bet-ween Lots No. I and 2; thence along said dividing line between ~id Lots Nos. l and 2, South sixty-seven (67) degrees fifty-two (.52) minutes twenty-one (21) seconds West a distance of nine hundred sixty-one and sixty- t~¢e one hundredths (961.63) fcct to an iron pin set at comer common to said Lots Nos. 1 and 2 m~d land now or formerly of George E. Jumper; thence along line of said land now or formerly of George E. Jumper, South sixt?four (64) degrees fifty-nine (59) minutes fifteen (15) seconds West a distance of four hundred twenty-one and zero one-hundredths (421.00) Feet to a black oak tree at comer common to said Lot No. 2 and said land now or formerly of George e. Jumper and land now or lbrmerly of Edwad A. Koch, Sr.; thence along line said land now or formerly of Edward A. Koch, Sr., North thirty-nine 09) degrees forty (40) minutes twenty- two (22) seconds West, a distance of two hundred fifty-two and eighty-five one-hundredths (252.85) feet to an iron pin set at corner common to said land now or formerly of Edward A. Koch, Sr. and said Lot No. 2 and Lot No. 9; thence along the dividing line between Lots Nos 2 and 9, North forty (40) degrees thirteen (13) minutes eleven (1 t) seconds West, a distance of two -hundred sixty-eight and eighty one-hundredths (268.80) feet Io an iron pin set in the dividing line between I,ots Nos. 2 and 3; thence by said dividing line between said Lots Nos. 2 and 3 the following two (2) courses and d/stances: (1) North sixty-three (63) degrees four (4) minutes forly (10) ~conds East, a distance of eight hualdred fourteen ,'md fifty-seven one-hundredths (814.57) feet to an iron p/n; and (2) North forty-seven (47) degrees filly (50) minutes thirty-five (35) seconds East, a distance of four hundred ninety.nine and sixty-four one-htmdredths (499.64) feet to a railroad spike set in the original centerline of th/ay-three (33) feet wide Township Road T0423 k~mwn as Motmtain Road at the place of BEGINNING. The above described tract of land is all of Lot No. 2 as shown on said Final Subdivision Ploa~ for Sylvester Z. Baum (erroneously Sylvester A. Baam in prior deed) a~d Mila M, Bantu, recorded as aforesaid and contains a net area exclusive of the dedicated right of way of said Mountain Road of 17.2378 acres. So much of the above described Lot No, 2 as lies within 25 feet of the original center line Gl' 33 feet wide Township Road T-423 known as Mountain Road has been dedicated as a portion of the right of way of said Mountain Road as shown on said Final Subdivision Plan ofSylvester Z. Baum and wife r~corded aforesaid. BEING the same premises which Sylvester Z. Baum and Mila M. Baum, husband and u, ife by Deed dated the 1st day of October, 1993, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and For the County of Cumberland, on the I st day of October, 1993, in Record Book 0~36, Page 349, granted and conveyed unto Sang Ho Kwak and Yon b/wa Kwak, husband and wife. UNDER AND SUBJECT TO reslr/ctlons and conditions as now appear of record. UPI NO. (43) 0a-0387-028N TOTAL P.04