HomeMy WebLinkAbout11-5792IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES; SHIPPENSBURG
UNIVERSITY OF PENNSYLVANIA OF
THE STATE SYSTEM OF HIGHER
EDUCATION, a body corporate and politic
constituting a public corporation and
instrumentality under the laws of the
Commonwealth of Pennsylvania; and
SHIPPENSBURG UNIVERSITY
STUDENT SERVICES,
INCORPORATED, a Pennsylvania non-
profit corporation,
Owners
Plaintiffs,
vs.
FORTUNE-JOHNSON, INC.
Contractor
Defendant.
CERTIFICATE OF LOCATION
I HEREBY CERTIFY that the location of
the Real Estate affected by this lien waiver
is:
Campus of Shippensburg University of
Pennsylvania, Shippensburg Township and
Shippensburg Borough, Cumberland
County, Pennsylvania 17257
CIVIL DIVISION
No: 1 - 5?961 M LD
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WAIVER OF LIENS STIPULATION
Code:
Filed on behalf of:
COMMONWEALTH OF
PENNSYLVANIA DEPARTMENT OF
GENERAL SERVICES; SHIPPENSBURG
UNIVERSITY OF PENNSYLVANIA OF
THE STATE SYSTEM OF HIGHER
EDUCATION; and SHIPPENSBURG
UNIVERSITY STUDENT SERVICES,
INCORPORATED
Owners/Plaintiffs
Counsel of Record for Shippensburg
University of Pennsylvania of the State
System of Higher Education:
Jacqueline Morrow, Esq.
Pa. I.D. No. 37222
2986 North Second Street
Harrisburg, PA 17110
Phone: (717) 720-4070
Fax: (717) 720-4213
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WAIVER OF LIENS STIPULATION
THIS WAIVER OF LIENS STIPULATION (this "Waiver of Liens") is made on July
2011 by FORTUNE-JOHNSON, INC. (hereinafter the "Prime Contractor").
WITNESSETH:
WHEREAS, Shippensburg University of Pennsylvania of the State System of Higher
Education ("Shippensburg") owns or, pursuant to an agreement with the Commonwealth of
Pennsylvania Department of General Services ("DGS"), has occupancy, custody and control of
certain property located on Shippensburg's campus being partially located in both Shippensburg
Township and Shippensburg Borough, Cumberland County, Pennsylvania, which is depicted on
Exhibit "A" (the "Property"); and
WHEREAS, the Shippensburg University Student Services, Incorporated ("SUSSI" and,
together with Shippensburg and DGS, the "Owners") is or will be a tenant and/or licensee of the
Property; and
WHEREAS, pursuant to a contract or contracts between Campus Apartments, Inc. as
developer and the Prime Contractor (the "Construction Contract") the Prime Contractor has
agreed to supply or cause to be supplied labor, materials and services and perform or cause to be
performed certain demolition and construction work upon the Property (the "Work"). Terms
used in this Waiver of Liens which are defined in the Pennsylvania Mechanic's Lien Law of
1963, as the same has been and may be amended from time-to-time in the future (the
"Mechanic's Lien Law") shall have the meanings assigned to them in the Mechanic's Lien Law
unless otherwise defined in this Waiver of Liens; and
WHEREAS, Prime Contractor has posted or will post a bond guaranteeing payment for
labor, materials and services provided or performed in connection with the Work; and
WHEREAS, both the Owners and the Prime Contractor will benefit from the Work on
the Property.
NOW, THEREFOR, in consideration of the foregoing premises, the covenants and
agreements contained in the Construction Contract, and intending to be legally bound hereby, the
Contractor, for all subcontractors (which term, as defined in the Mechanic's Lien Law, includes,
without limitation, sub-subcontractors), does hereby covenant, stipulate, promise and agree as
follows:
1. That no lien or right to file a lien or claim against the Work, SUSSI's interest in
the Property, any improvements on the Property (collectively, the "Improvements"), or the
respective estates, rights, titles or interests of the Owners (collectively, "Interests"), or any part
or parts thereof, or the appurtenances thereto, shall accrue or exist in any subcontractor
concerned or connected with the Work or the Property; that no mechanic's lien or claim or
materialmen's lien or other lien or claim of any kind whatsoever shall be filed or maintained
PHDATA 34440971
against the Work, the Property, the Improvements, the Interests or any part or parts thereof or the
appurtenances thereto, by or in the name of any subcontractors for work done or for any labor,
tools, equipment, materials or supervision or other services furnished under any construction,
demolition, drilling or supply contract or subcontract with a subcontractor (each, a
"Subcontract") or any supplements or changes thereto, written or oral, or by any other party
acting for or on behalf of a subcontractor, for and about the Work, the Property, the
Improvements, the Interests or any parts thereof, or on credit thereof, nor shall any claim or
liability for such labor or materials or work performed arise, exist or be filed against any of the
Owners, their respective successors (including successors in interest) or assigns, by or in the
name of a subcontractor.
2. This Waiver of Liens shall be an independent covenant which shall be binding on
a subcontractor, notwithstanding the breach of any Subcontract to which such subcontractor is a
party and shall operate and be effective as well with respect to work done and materials and
services furnished under any supplemental contract for extra work in connection with the Work.
It is the full intent of the Prime Contractor, for all subcontractors, that the right to file a
mechanic's lien or other claim against the Property, the Work, the Improvements or the Interests,
under the provisions of Acts of Assembly in such cases made and provided, for work done or
materials, labor or services furnished in and about the erection, construction, demolition or
repairs of the Work, is hereby forever, absolutely and irrevocably waived.
3. In order to give the Owners full power and authority to protect themselves, and
the Work, Property, Improvements and Interests or any parts thereof against any and all liens and
claims filed by or in the name of subcontractors in violation of the foregoing provisions of this
Waiver of Liens, the Prime Contractor, hereby irrevocably authorizes and empowers any
attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for
each subcontractor, in any such Court as Attorney for such subcontractor, and in his or its name,
mark satisfied of record, at the cost and expense of such subcontractor, or in his or its name, any
and all mechanics' liens or claims or materialmen's liens or claims or other liens or claims of any
kind whatsoever filed or maintained against the Work, the Property, the Improvements or the
Interests or any parts thereof or the appurtenances thereto, and for such act or acts this shall be
good and sufficient warrant and authority and a reference to the Court and to the docket in which
and where this instrument shall have been filed shall be a sufficient exhibit of the authority
herein contained to warrant such action, and the Prime Contractor, for each subcontractor, does
hereby release all errors and defects whatsoever in the entry of any such satisfaction or the
exercise of the authority hereby conferred. In the event that any court of competent jurisdiction
shall determine that any provision of this Waiver of Lien is void or unenforceable in accordance
with its terms, Prime Contractor expressly consents and agrees, for and on behalf of all
subcontractors, that this Waiver of Lien may be modified by said Court such that the offending
provision shall be of no further force and effect but the remainder of this Waiver of Liens, and all
other terms and conditions hereof, if any, shall continue to be binding on all subcontractors who
have filed a claim for a lien under the Mechanic's Lien Law and all parties claiming in the name
of or on behalf of such subcontractors.
4. THIS WAIVER OF LIENS shall be filed in the office of the Prothonotary of
Cumberland County, Pennsylvania, pursuant to the provisions of the Mechanic's Lien Law, and
PHDATA 34440971
the receipt for such filing will be delivered to the Owners. Immediately upon filing, this Waiver
of Liens shall constitute notice hereof to all subcontractors who enter into a Subcontract, and
each such subcontractor, by entering into such Subcontract, agrees and consents to this Waiver of
Liens.
IN WITNESS WHEREOF, the Prime Contractor has duly executed this Waiver of Liens
Stipulation as of the date first above written.
WITNESS:
FORTUNE-JOHNSON, INC.
By:
Name: }?a l,? 1L.i F t
Title: t? y t ?.s v?
PHDATA 34440971
CONTRACTOR'S ACKNOWLEDGEMENT
STATE OF D l d- )
SS:
COUNTY OF QTr_ )
BEF E ME, a Not ry Public z personally appeared
who acknowledged himself/herself to be the u a? l ti,?.; (t of
1;;{h sand that he/she, as such officer, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of such corporation
by himself/herself as such officer.
AND HE/SHE FURTHER ACKNOWLEDGED THAT, as of this ,?; day of July,
2011, no Work had begun upon the property of the Owners referred to in the foregoing
instrument at the campus of Shippensburg University of Pennsylvania, Shippensburg Township
and Shippensburg Borough, Cumberland County, Pennsylvania, by him/her or by anyone else,
nor had any other work been done upon said ground nor had materials of any kind for the Work
been ordered or delivered upon the ground.
FORTUNE-JOHNSON, INC.
By:
Title: ti-:C, G L K_ . o vt`-
7?
SWORN TO AND SUBSCRIBED before me this day of , 2011.
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PHDATA 34440971
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EXHIBIT
1,4-
---------------
EXHIBIT A
LEGAL DESCRIPTION
TRACT NO. 1 North Site
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF
SHIPPENSBURG, COUNTY
OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING ALL OF THE
NORTH SITE LEASE AREA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON II-IE WESTERLY FACE OF THE CURB LINE ON ADAMS DRIVE,
SAID POINT
BEING LOCATED FROM THE FOLLOWING COURSES:
1. FROM THE CENTERLINE OF FOGELSONGER ROAD AT THE POINT OF INTERSECTION
WITH LANDS OF
SHIPPENSBURG UNIVERSITY AND LANDS NOW OR FORMERLY OF CUMBERLAND
VALLEY RAILS TO TRAILS
COUNCIL, ALONG SAID BOUNDARY LINE SOUTH TWENTY THREE DEGREES THIRTY
FOUR MINUTES FORTY
FOUR SECONDS WEST (S 23° 34'44"W) TWO HUNDRED SIX AND THIRTY TWO
HUNDREDTHSFEET
(206.32');
2. CONTINUING ALONG THE SAME BOUNDARY LINE SOUTH SEVENTEEN DEGREES
TWENTY MINUTES FORTY
FOUR SECONDS WEST (S 17° 20'44"W) THREE HUNDRED NINETY FOUR AND NINETY
TWO HUNDREDTHS
FEET (394.92') TO A POINT;
3. THROUGH LANDS OF SHIPPENSBURG UNIVERSITY AND ACROSS ADAMS DRIVE
NORTH SEVENTY TWO
DEGREES THIRTY NINE MINUTES SIXTEEN SECONDS WEST (N 72° 39'16"W) SEVENTY
ONE AND NINETY
SEVEN HUNDREDTHS FEET (71.97") FEET TO THE POINT OF BEGINNING;
THENCE FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG
UNIVERSITY THE
FOLLOWING COURSES AND DISTANCES:
1. ALONG ADAMS DRIVE ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF SIXTY
FOUR AND TEN
HUNDREDTHS FEET (64.10') ON A RADIUS OF TWO HUNDRED FEET (200.0') TO A POINT,
SAID CURVE
BEING REFERENCED WITH A CHORD OF SOUTH ONE DEGREE THIRTY ONE MINUTES
THIRTY NINE
SECONDS WEST (S 01° 31`39"W), SIXTY THREE AND EIGHTY THREE HUNDREDTHS FEET
(63.83');
2. NORTH EIGHTY FOUR DEGREES TWENTY THREE MINUTES FIFTY NINE SECONDS
WEST (N 84° 23'59"W) FOR A DISTANCE OF TWO HUNDRED THIRTY SEVEN AND SIXTY
ONE HUNDREDTHS FEET (237.61');
3. NORTH ZERO DEGREES FORTY MINUTES WEST (N 00° 40'W) FOR A DISTANCE OF
EIGHTY FOUR AND SIXTY SEVEN HUNDREDTHS FEET (84.67');
4. NORTH EIGHTY NINE DEGREES TWENTY MINUTES EAST (N 89° 20'E) FOR A
DISTANCE OF EIGHTY EIGHT AND FORTY TWO HUNDREDTHS FEET (88.42');
5. NORTH ZERO DEGREES FORTY MINUTES WEST (N 00° 40'W) FOR A DISTANCE OF
ONE HUNDRED THIRTY EIGHT AND NINETEEN HUNDREDTHS FEET (138.19');
6. NORTH FORTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 40° 40'16"W)
FOR A DISTANCE OF ONE HUNDRED EIGHTY AND EIGHTY SEVEN HUNDREDTHS FEET
(180.87);
7. NORTH FORTY NINE DEGREES NINETEEN MINUTES FORTY FOUR SECONDS EAST (N
490 19'44"E) FOR A DISTANCE OF NINETY SEVEN AND FIFTY HUNDREDTHS FEET (97.50')
8. NORTH FORTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 40° 40'16"W)
FOR A DISTANCE OF TWENTY TWO AND EIGHTY FOUR HUNDREDTHS FEET (22.84');
9. NORTH EIGHTY DEGREES FORTY MINUTES SIXTEEN SECONDS WEST (N 80° 40'16"W)
FOR A DISTANCE OF ONE HUNDRED TWELVE AND SIX HUNDREDTHS FEET (112.06');
10. NORTH NINE DEGREES NINETEEN MINUTES FORTY FOUR SECONDS EAST (N 09-
19'44"E) FOR A DISTANCE OF ONE HUNDRED TWENTY THREE AND EIGHTY ONE
HUNDREDTHS FEET (123.81') TO A POINT ON THE WESTERLY FACE OF THE CURB LINE
ON ADAMS DRIVE;
11. THENCE ALONG THE WESTERLY FACE OF THE CURB LINE OF ADAMS DRIVE ON A
CURVE TO THE
RIGHT WITH AN ARC LENGTH OF THREE HUNDRED NINETY ONE FEET (391.0') ON A
RADIUS OF TWO
HUNDRED EIGHTY SIX FEET (286.0') TO A POINT, SAID CURVE BEING REFERENCED
WITH A CHORD
OF SOUTH FORTY SIX DEGREES THIRTY THREE MINUTES TEN SECONDS EAST (S 46-
33'10"E), THREE
HUNDRED SIXTY ONE AND TWENTY FIVE HUNDREDTHS FEET (361.25');
12. THENCE CONTINUING ALONG THE WESTERLY CURB LINE OF ADAMS DRIVE SOUTH
SEVEN DEGREES THIRTY NINE MINUTES SEVENTEEN SECONDS EAST (S 07° 39'17"E),
TWO HUNDRED NINETY FIVE AND EIGHTY FOUR HUNDREDTHS FEET (295.84') TO THE
POINT AND PLACE OF BEGINNING.
CONTAINING 102,160.5 SQUARE FEET OR 2.345 ACRES OF LAND, MORE OR LESS AS
SHOWN.
BEING PART OF THE SAME PREMISES which Deed from Jessie H. Willis, widow, and Helen
Willis Myers, in her own right, and John A. Myers, her husband, TO The General State Authority,
dated September 15, 1959 and recorded September 15, 1959, in the Office of the Recorder of
Deed of Cumberland County, Pennsylvania, in Deed Book K-19, Page 1.
BEING PART OF THE SAME PREMISES which Deed from The General State Authority TO The
Commonwealth of Pennsylvania, dated June 16, 1989 and recorded April 1, 1990, in the Office of
the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book M-34, Page 875.
BEING PART OF THE SAME PREMISES which Deed from J. Boyd Landis and Janet R. Landis
TO The Commonwealth of Pennsylvania, dated June 30, 1958 and recorded June 30, 1958, in
the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book M-18,
Page 578.
TRACT NO. 2 South Site
ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN THE TOWNSHIP OF
SHIPPENSBURG. COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING ALL OF THE SOUTH
SITE LEASE AREA, BOUNDED AND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY FACE OF THE CURB LINE ON YORK DRIVE,
SAID POINT BEING
LOCATED FROM THE FOLLOWING COURSES:
1. FROM A CONCRETE MONUMENT SET AT A COMMON CORNER WITH THE LANDS OF
SHIPPENSBURG AND THE CENTERLINE Of FOGELSONGER ROAD AT THE POINT OF
INTERSECTION WITH LANDS Of SHIPPENSBURG
UNIVERSITY FORMERLY LANDS OR CAROLINE G. REISIGNGER AND LANDS NOW OR
FORMERLY OF HOWARD W. LYONS, ALONG THE EASTERLY BOUNDARY LINE OF LANDS
NOW OR FORMERLY OF HOWARD W. LYONS
NORTH THIRTY FIVE DEGREES FIFTY THREE MINUTES FIFTY FOUR SECONDS EAST
(N35° 53'54"E) THREE
HUNDRED NINETY EIGHT AND NINETY FIVE HUNDREDTHS FEET (398.95') TO A POINT;
2. THROUGH LANDS OF SHIPPENSBURG UNIVERSITY CROSSING LANCASTER DRIVE
SOUTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST
(S 39° 43'34"E) FIVE HUNDRED FIFTY SEVEN AND SEVENTY EIGHT HUNDREDTHS FEET
(557.78') TO A POINT;
3. CONTINUING THROUGH THE LANDS OF SHIPPENSBURG UNIVERSITY SOUTH SIXTY
FOUR DEGREES SIXTEEN MINUTES THIRTY SECONDS EAST (S 64° 16'30"E), FOURTEEN
AND NINETY SIX HUNDREDTHS FEET (14.96') TO THE POINT OR BEGINNING;
THENCE FROM POINT OF BEGINNING THROUGH THE LANDS OF SHIPPENSBURG
UNIVERSITY THE FOLLOWING COURSES:
1. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH OF FIFTEEN AND FORTY TWO
HUNDREDTHS FEET (15.42') ON A RADIUS OF EIGHTEEN FEET (18.0') TO A POINT, SAID
CURVE BEING REFERENCED WITH A CHORD OF NORTH SIXTY FOUR DEGREES
SIXTEEN MINUTES THIRTY SECONDS WEST (N 64-16'30"W)
FOURTEEN AND NINETY SIX HUNDREDTHS FEET' (14.96');
2. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS
WEST (N 39° 43'34"W) TWO HUNDRED SIX AND FORTY ONE HUNDREDTHS FEET (206.41')
TO A POINT;
3. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50-
16'26"E) ONE HUNDRED NINETY SEVEN AND NINETY ONE HUNDREDTHS FEET (197.91')
TO A POINT;
4. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS
WEST (N 39° 43'34"W) TWENTY FOUR AND FIFTY HUNDREDTHS FEET (24.50') TO A
POINT;
5. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50°
16'26"E) SIXTY FIVE AND NINETY SIX HUNDREDTHS FEET (65.96') TO A POINT;
6. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS
WEST (N 39° 43'34"W) TWENTY THREE AND THIRTEEN HUNDREDTHS FEET (23.13') TO A
POINT;
7. NORTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS EAST (N 50°
16'26"E) SEVENTY FIVE AND NINE HUNDREDTHS FEET (75.09') TO A POINT NEAR THE
CENTERLINE OF DAUPHIN DRIVE;
8. ALONG THE APPROXIMATE CENTERLINE OF DAUPHIN DRIVE SOUTH THIRTY NINE
DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS EAST (S 39° 43'34"E) TWO
HUNDRED NINETY SIX AND FORTY EIGHT HUNDREDTHS FEET (296.48') TO A POINT;
9. ON A CURVE TO THE RIGHT WITH AN ARC LENGTH Of FORTY THREE AND NINETY
EIGHT HUNDREDTHS FEET (43.98') ON A RADIUS OF TWENTY EIGHT FEET (28.0') TO A
POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF SOUTH FIVE DEGREES
SIXTEEN MINUTES TWENTY SIX SECONDS WEST
(S 05° 16'26"W), THIRTY NINE AND SIXTY HUNDREDTHS FEET (39.60') TO A POINT;
10. SOUTH FIFTY DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S 50°
16'26"W) SIXTEEN AND EIGHT HUNDREDTHS FEET (16.08') TO A POINT ON THE
WESTERLY CURB LINE OF YORK DRIVE;
11. ON A CURVE TO THE LEFT WITH AN ARC LENGTH OF TWENTY NINE AND NINETY
NINE HUNDREDTHS
FEET (29.99') ON A RADIUS OF SEVENTY FEET (70.0') TO A POINT, SAID CURVE BEING
REFERENCED
WITH A CHORD OF SOUTH THIRTY EIGHT DEGREES ZERO MINUTES THREE SECONDS
WEST
(S 38° 00'03"W), TWENTY NINE AND SEVENTY SIX HUNDREDTHS FEET (29.76');
12. SOUTH TWENTY FIVE DEGREES FORTY THREE MINUTES FORTY SECONDS WEST (S
250 43'40"W) TWENTY SEVEN AND SEVEN HUNDREDTHS FEET (27.07') TO A POINT;
13. NORTH THIRTY NINE DEGREES FORTY THREE MINUTES THIRTY FOUR SECONDS
WEST (N 39° 43'34"W) SEVENTEEN AND FIFTY SEVEN HUNDREDTHS FEET (17.57') TO A
POINT AT THE WESTERLY FACE OF THE CURB LINE ON YORK DRIVE:
14. ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE SOUTH FIFTY
DEGREES SIXTEEN MINUTES TWENTY SIX SECONDS WEST (S 50-16'26"W) NINETY NINE
AND TWENTY FIVE HUNDREDTHS FEET (99.25') TO A POINT;
15. CONTINUING ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE ON A
CURVE TO THE RIGHT WITH AN ARC LENGTH OF ONE HUNDRED THIRTY FOUR AND
TWENTY ONE HUNDREDTHS FEET (134.21') ON A RADIUS OF ONE HUNDRED EIGHTY
EIGHT FEET (188.0') TO A POINT, SAID CURVE BEING REFERENCED WITH A CHORD OF
SOUTH SEVENTY DEGREES FORTY THREE MINUTES THIRTY SECONDS WEST (S 70°
43'30"W) ONE HUNDRED THIRTY ONE AND THIRTY EIGHT HUNDREDTHS FEET (131.38');
16. CONTINUING ALONG THE WESTERLY FACE OF THE CURB LINE OF YORK DRIVE
NORTH EIGHTY EIGHT DEGREES FORTY NINE MINUTES TWENTY SEVEN SECONDS
WEST (N 88° 49'27"W), SIXTEEN AND SIXTY NINE HUNDREDTHS FEET (16.69') TO THE
POINT AND PLACE OF BEGINNING.
CONTAINING 96,411.5 SQUARE FEET OR 2.213 ACRES OF LAND, MORE OR LESS AS
SHOWN.
BEING PART OF THE SAME PREMISES from Deed from Sophia Smith, widow, and Jacob M.
Smith, unmarried, heirs of Samuel Smith, deceased, TO The General State Authority dated
November 30, 1926 and recorded January 17, 1927, in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania, in Deed Book 1-10, Page 585.