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HomeMy WebLinkAbout13-4299 MARK G. CALDWELL : IN THE COURT OF COMMON PLEAS Owner : CUMBERLAND COUNTY, PENNSYLVANIA To MLD /3 - y OF 20I3 GLENN D. LIVELSBERGER, INC. D/B /A HERITAGE BUILDERS Contractor STIPULATION AGAINST LIENS WHEREAS, Mark G. Caldwell of 1525 Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania, is about to execute contemporaneously herewith a contract with Glenn D. Livelsberger, Inc. d/b /a Heritage Builders for residential home renovation and home addition upon land situate at 1525 Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania. See Exhibit "A ". NOW, j y N �A , 2013, at the time of and immediately before execution of the principal contract, and before any authority has been given by the said Mark G. Caldwell to commence work on the site, or purchase materials for the same in consideration of the making of the said contract with Glenn D. Livelsberger, Inc. d/b /a Heritage Builders and the further consideration of One Dollar ($1.00) to Glenn D. Livelsberger, Inc. d/b /a Heritage Builders paid by Mark G. Caldwell, it is agreed that no lien shall be filed against the property 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 purchases, or extra labor or materials purchased for the said site work, the right to file such liens being expressly waived. WITNESS, my hand and seal the day and year aforesaid. Signed, Sealed and Delivered in the presence of: ATTEST: OWNE r -- By: Mark G. Caldwell ATTEST: CONTRACTOR: Glenn D. Livelsberger, Inc. d /b /a Heritage Builders By: :�X= Aiuoo 12102- 025/204907 .';���:,'t. ark � .�,• 1.- 'A0 -(:1- �/'� _7/ EXHIBIT "A" ALL THOSE CERTAIN four (4) tracts of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: Tract No. 1 (Tax Parcel No. 13 -10- 0258 -017) BEGINNING AT A POINT IN THE Yellow Breeches Creek at the Northwest corner of lands now or formerly of Wilma Jane Scheer; thence along said lands North fifty -six degrees West (N 56° W) six hundred twenty -five and two hundredths (625.02) feet to a point; thence along the same South fifty -one degrees eight minutes thirty seconds West (S 51 ° 08' 30" W) one hundred ninety -one and six tenths (191.6) feet to a point; thence along the same South fifty -eight degrees forty-six minutes thirty seconds West (S 58° 46'30" W) two hundred one and forty -three hundredths (201.43) feet to a point; thence along the same South sixty -nine degrees forty-two minutes West (S 69° 42' W) two hundred five and sixty -six hundredths (205.66) feet to a point; thence along the same South forty-two degrees forty-five minutes West (S 42° 45'W) thirty-five and four hundredths (35.04) feet to a pipe at the Northwest corner of lands now or formerly of Wilma Jane Scheer; thence along said land South twenty -nine degrees thirty-six minutes East (S 29 36' E) four and thirty -two hundredths (4.32) feet to a point; thence along lands now or formerly of David Sausman South thirty-eight degrees fifty -four minutes West (S 38° 54'W) four hundred sixty -four and fifty -three hundredths (464.53) feet to a point; thence along the same South fourteen degrees fifty -five minutes East (S 14° 55'E) fifty -three (53) feet to a point near the Eastern side of St. Johns Road; thence North fifty -eight degrees fifty -five minutes West (N 58° 55' W) ninety -seven (97) feet to a point in the center of St. Johns Road; thence along said road North forty -eight degrees forty -five minutes West (N 48° 45'W) fifty and two tenths (50.2) feet to a point; thence along lands now or formerly of Far Hills Association North sixty -six degrees eighteen minutes thirty seconds East (N 66° 18' 30" E) one hundred thirty-four and five hundredths (134.05) feet to a point; thence along the same North forty -five degrees fifty minutes East (N 45° 50'E) three hundred five and four hundredths (305.04) feet to a pin; thence along the same North thirty degrees seventeen minutes West (N 30° 17' W) eight hundred eighty -nine and two hundredths (889.02) feet to a stone at a post; thence along the same and along lands now or formerly of Harold F. Bower North fifty -four degrees two minutes East (N 54° 02'E) eighty - seven and eighty -three hundredths (87.83) feet to a brad in a post; thence along lands now or formerly of Howard F. Bower North forty degrees forty -eight minutes East (N 40° 48'E) two hundred forty -one and five tenths (241.5) feet to a point; thence along lands now or formerly of J. F. Ervin South fifty degrees fifty -four minutes thirty seconds East (S 50° 54'30" E) three hundred ninety -nine and fifty -five hundredths (399.55) feet to a pin; thence along the same North thirty-four degrees twenty -four minutes East (N 34° 24'E) five hundred eight and fifty -two hundredths (508.52) feet to a point at lands now or formerly of Harold F. Bower; thence along said Bower land South fifty -five degrees fifty -four minutes thirty seconds East (S 55° 54' 30" E) five hundred ten and twenty -five hundredths (510.25) feet to a cedar tree; thence along the same South sixty -four degrees fifty -six minutes East (S 64° 56'E) seven hundred forty -six and fifty - five hundredths (746.55) feet to a point in the Yellow Breeches Creek; thence up the Yellow Breeches Creek South thirty-four degrees twenty -two minutes thirty seconds West (S 34° 22'30" W) three hundred eighty -six and seventy -nine hundredths (386.79) feet to a point; thence South forty -seven degrees nine minutes West (S 47° 09'W) one hundred forty-seven and twenty -seven hundredths (147.24) feet to a point; thence along the same South nineteen degrees thirty-two minutes thirty seconds West (S 19° 32'30" W) three hundred eighty six and seventy -nine hundredths (386.79) feet to a point; thence South forty-seven degrees nine minutes West (S 47° 09' W) one hundred forty -seven and twenty -seven hundredths (147.27) feet to a point; thence along the same South nineteen degrees thirty-two minutes thirty seconds West (S 19 32' 30" W) one hundred fifteen and twenty -three hundredths (115.23) feet to a point, the Place of BEGINNING. CONTAINING 27.03 acres, more or less. Tract No. 2 (Tax Parcel No. 13 -10- 0258 -029) BEGINNING at a stake on the northern right -of -way line of a private lane, at line of lands now or formerly of Carl E. Ervin and Marjorie Read Ervin, his wife; thence along the northern right - of -way line of said private lane and along said last mentioned lands, North forty -two degrees forty-five minutes East (N 42° 45'E), thirty -five and four hundredths (35.04) feet to a stake; thence continuing along the northern side of said private lane and said last mentioned lands North sixty -nine degrees forty -two minutes East (N 69° 42'E) one hundred eighty and ninety -six hundredths (180.96) feet to an iron pin and thence continuing along the same course an additional distance of twenty -four and seven tenths (24.7) feet to a stake; thence along the line of lands now or formerly of Carl E. Ervin and Marjorie Read Ervin, his wife, the following three courses and distances: (1) North fifty -eight degrees forty -seven minutes thirty seconds East (N 58 47'30'E) two hundred one and forty -three hundredths (201.43) feet to a point; (2) North fifty -one degrees eight minutes thirty seconds East (N 51 08'30" E) one hundred ninety -one and sixty hundredths (191.60) feet to a stake; and (3) South fifty -six degrees zero minutes East (S 56° 00' E) six hundred twenty -five and two hundredths (625.02) feet to a point in the center line of the Yellow Breeches Creek; thence along the center line of the Yellow Breeches Creek, the following eight courses and distances: (1) South thirty -nine degrees fifty minutes West (S 39° 50' W) two hundred five and fifty -nine hundredths (205.59) feet to a point; (2) South twenty -nine degrees forty -nine minutes West (S 29° 49'W) two hundred fifty -three and seventy =four hundredths (253.74) feet to a point; (3) South five degrees fifty -one minutes West (S 05° 51' W) one hundred seventy -three and twenty -one hundredths (173.21) feet to a point; (4) South fourteen degrees nine minutes East (S 14° 09'E) ninety -one and seven hundredths (91.07) feet to a point; (5) South fifteen degrees forty-two minutes East (S 15° 42'E) eighty -four and nineteen hundredths (84.19) feet to a point; (6) South one degree fifty -nine minutes West (S 01' 59' W) one hundred twenty -nine and seventy -seven hundredths (129.77) feet to a point; (7) South five degrees thirty-six minutes West (S 05° 36'W) one hundred ninety -six and seventy hundredths (196.70) feet to a point; and (8) South fifty degrees forty-two minutes West (S 50° 42' W) one hundred twenty -eight and twenty -four hundredths (128.24) feet to a point at line of lands now or late of Carl E. Ervin and Marjorie Read Ervin, his wife; thence along said last mentioned line of lands the following two courses and distances: (1) North thirty -one degrees fifty -seven minutes West (N 31° 57' W), one thousand eight and forty-nine hundredths (1,008.49) feet to a stake at post; and (2) North twenty -nine degrees thirty -six minutes West (N 29° 36' W) three hundred forty-three and sixteen hundredths (343.16) feet to a stake on the northern right -of -way line of a private lane, the Place of BEGINNING. CONTAINING 16.733 acres, more or less. HAVING THEREON ERECTED a stone dwelling house, frame bank barn and other out buildings. TOGETHER with and under subject to certain reservations, conditions and easements granted and conveyed in two certain deeds from Carl E. Ervin and Marjorie Read Ervin, his wife, to Daniel M. Horner and Wilma T. Horner, his wife, which deeds were respectively dated and recorded December 8, 1961 in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book "J," Volume 20, Page 905 and December 8, 1964 and recorded as aforesaid in Deed Book "L," Volume 21, Page 333. Tract No. 3 (Tax Parcel No. 13 -10- 0258 -017A) BEGINNING at the northern line of a fifty (50) foot wide private right of way at the corner of lands now or formerly of Wilma J. Scheer; thence by other lands now or formerly of Wilma J, Scheer North thirty degrees seventeen minutes West (N 30° 17' W) a distance of three hundred eighteen and ninety -one hundredths (318.19) feet to an iron pin; thence by same North fifty -nine degrees forty-three minutes East (N 59° 43'E) a distance of one hundred fifty and zero hundredths (150.00) feet to an iron pin; thence by same South thirty degrees seventeen minutes East (S 30° 17' E) a distance of two hundred ninety -one and eighty -eight hundredths (291.88) feet to a point on the northern line of a fifty (50) foot wide private right of way; thence by the northern line of the said private right of way South sixty -nine degrees forty-two minutes West (S 69° 42' W) a distance of fifty -four and seventy -six hundredths (54.76) feet to an iron pin; thence by same South thirty-eight degrees fifty -four minutes West (S 38° 54'W) a distance of one hundred two and seventy -eight hundredths (102.78) feet to an iron pin, the Place of BEGINNING. CONTAINING 1.00 acre, more or less. TOGETHER with a right in common with others to use a fifty (50) foot wide private right of way as set forth in a Subdivision Plan for Loyal F. Osterlund recorded in Cumberland County Plan Book 29 Page 37 for the ingress and egress of persons and vehicles to and from the above described lot. Tract No. 4 (Tax Parcel No.: 13 -10- 0258 -069) BEGINNING AT A POINT, said point being referenced as the following course and distance from the southwest property corner of Lot 11 at the northern right -of -way line of Slate Hill Road as shown on the Preliminary/Final Subdivision Plan for Jan Osterlund recorded in Plan Book 71, Page 143 in the Cumberland County Courthouse: South seventy -eight degrees twenty -five minutes zero seconds East (S 78° 25'00" E), a distance of nine hundred thirty -one and twenty -eight hundredths (931.28) feet. From said point of beginning the following six courses and distances: 1) North eleven degrees thirty -five minutes zero seconds East (N 11 ° 35'00" E), a distance of fifty -two and thirty -four hundredths (52.34) feet to a point, thence, 2) North thirty -nine degrees fifty -one minutes zero seconds East (N 39° 51' 00" E), a distance of four hundred fifty -nine and fifty -eight hundredths (459.58) feet to a point; thence, 3) South thirty -six degrees ten minutes eleven seconds East (S 36° 10' 11" E), a distance of two hundred three and ninety hundredths (203.90) feet to a point; thence, 4) South thirty -nine degrees fifty -one minutes zero seconds West (S 39° 51' 00" W), a distance of three hundred five and four hundredths (305.04) feet to a point; thence, 5) South sixty degrees nineteen minutes thirty seconds West (S 60° 19' 30" W), a distance of one hundred twelve and ninety -nine hundredths (112.99) feet to a point; thence, 6) By a curve to the left having a radius of four hundred thirty and zero hundredths (430.00) feet and an arc length of one hundred forty-one and seventy -six hundredths (141.76) feet to a point, the point of beginning. CONTAINING 2.00 acres, more or less.