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ODYSSEY BUILDERS, INC. )
Contractor( s) )
IN THE COURT OF COMMON PLEAS,
SHIPPENSBURG TOWNHOUSES, LLC
Owner(s)
County of Cumberland
and
State of Pennsylvania
No. QI-5R'I~ c.;vd
Term, 2001
MECHANIC'S LIEN WAIVER
TillS AGREEMENT, Made and entered into this the ~ day of October, 2001, by and between the
Owner(s) with its principal office located at 2601 West 26th Street, Erie, Pennsylvania, 16506 and the Contractor(s) of 1521
Lowell Avenue, Erie, Pennsylvania, 16505,
WHEREAS, the Owner(s) have this day entered into a written contract with the Contractor(s) for the Erection of a 30-
tmit apartment building in accordance with certain plans and specifications, and for the furnishing and providing of materials and
labor necessary therefore npon a plot of ground being all that certain piece or parcel of/and sitnate in the Township of
Shippensburg, County of Cumberland and State of Pennsylvania, bonnded and described as follows, to-wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
NOW, THEREFORE, it is hereby stipulated and agreed by and between the said parties as part of said Contract and for the
consideration therein set forth, before any of the above construction is commenced that Contractor, for himself, itself, themselves, his, her, its and
their subcontractors, and all parties acting through or under him, it or them, covenants and agrees that no mechanic's claims or liens shall be filed
l)f maintained by him, them, or any of them against the buildings and the lots of ground appurtenant thereto, or any ofthern, for or on account of
any work done or materials furnished by him, them, or any of them, under this contract or otherwise, for towards, in or about the erection and
construction of the said buildings, or any of them and Contractor, for himself, herself, itself, themselves, his, her, its and their subcontractors and
others under him, her or them, hereby expressly waives and relinquishes the right to have, file or maintain any mechanics lien or claim against the
buildings or any of them, and that this agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as
well with respect to work and labor done and materials furnished under any supplemental contract, verbal or written or contract for extra work in
the erection and construction of the said buildings as to work and labor done and materials furnished under this contract.
This stipulation is made and intended to be filed with the Cumberland County Prothonotary in accordance with the requirements of the
Act of Assembly of this State in such cases made and provided,
IN WITNESS WHEREOF, the said parties hereto have hereunto set their hands and seals the day and year first above written.
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SIllPPENSBURG TOWNHOUSES. LLC
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L.S,
Owner
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David Penman
L.S.
Contractor(s)
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EXHIBIT "A"
ALL THAT CERTAIN tract of land situate in Shippensburg Township, Cumberland County, Pennsylvania, being Lot
3 of the Subdivision Plan for Bard Meadows as prepared by Stephen G. Fisher, R.S., dated (revised date) February
6, 1987, and recorded in Cumberland County Plan Book 53, Page 51, and more fully bounded and described as
follows:
BEGINNING at a railroad spike near the intersection of the centerline of Bard Road IT-306) and Middle Springs Road
(Pennsylvania Route 264-Al. said railroad spike further being located twelve and forty-six hundredths (12.46) feet
east of the centerline of the aforementioned Middle Springs Road; thence by a line through said Middle Springs
Road, South nineteen degrees twenty-two minutes twenty-three seconds East (S 190 22' 23" El. four hundred
forty,four and ninety-seven hundredths 1444.97) feet to a railroad spike, said spike being twelve and sixty,eight
hundredths (12.681 f~et west of the centerline of Middle Springs Road; thence leaving said road along lands now or
formerly of Harold D. Miller, South fifty degrees seven minutes fifty-nine seconds West IS 500 07' 59" WI, two
hundred thirty-five and ninety-eight hundredths (235.981 feet to a point; thence by same South twenty-three
degrees forty-one minutes twenty-nine seconds East IS 23041' 29" E), ninety and zero hundredths (90,00) feet to
a point; thence by lands now or formerly of Charles Ramsey Rae, South fifty degrees seven minutes fifty-nine
seconds West (S 500 07' 59" Wl. one hundred eighty-one and nine hundredths (181.09) feet to a fence post;
thence by same, South fifty-five degrees fifty-three minutes thirty-four seconds East (S 550 53' 34" EI, fifty'six and
seventeen hundredths (56.171 feet to an iron pipe; thence by lands now or formerly of Paul T. Proctor and B. W,
Brechbill, South fifty-four degrees five minutes five seconds East (S 540 05' 05" EI, two hundred eight and sixty-
five hundredths (208.65) feet to an iron pipe; thence by lands now or formerly of Jeffrey L. Gruver, South sixteen
degrees fifty-two minutes forty, nine seconds West (S 160 52' 49" Wl. one hundred seventy-three and seventy
hundredths 1173,701 feet to a point; thence by lands now or formerly of Robert P. Wyrick and Wadel Masons,
South sixteen degrees thirty-three minutes zero seconds East (S 160 33' 00" EI. two hundred thirty,nine and fifty
hundredths (239.50) feet to an iron pin; thence by lands now or formerly of Donald E. Stine, South seventy
degrees thirty-one minutes twenty,nine seconds West (S 700 31' 29" Wl. two hundred nineteen and fifty
hundredths (219,501 feet to a point; thence by lands now or formerly of Stine and lands now or formerly of Robert
J, Gruver and John T, Gruver, South seventeen degrees twenty-nine minutes seven seconds East (S 17' 29' 07"
EI, three hundred forty-one and forty,six hundredths (341.461 feet to a fence post: thence by lands now or
formerly of John R. Wagaman, South forty,one degrees thirty-two minutes three seconds East IS 410 32' 03" E),
sixty-two and forty,five hundredths (62.451 feet to an iron pin: thence by lands now or formerly of Joseph Fink,
South zero degrees fifty,one minutes twenty-three seconds East IS 000 51' 23" EI, eighty-four and sixty-five
hundredths (84.651 feet to a fence post; thence by lands now or formerly of Harold L. Miller, North eighty,six
degrees thirty-four minutes forty,nine seconds West (N 860 34' 49" Wl. four hundred forty-nine and zero
hundredths (449.001 feet to a point: thence by same, South nine degrees twenty-three minutes fifty seconds East
IS 090 23' 50" EI. ninety-four and twenty hundredths (94.201 feet to an iron pin; thence by same, South zero
degrees eighteen minutes forty-one seconds East (S 000 18' 41" El. one hundred ninety-one and zero hundredths
(191.00) feet to a railroad spike in Hot Point Avenue T-303; thence by a line in Hot Point Avenue, North seventy,
nine degrees nineteen minutes thirty-three seconds West (N 790 19' 33" Wl. fifty-three and ninety,six hundredths
153,96) feet to a point; thence leaving said road by a line in and through Middle Spring Creek the following eight 181
courses and distanc~s: (1 I North seven degrees thirty-four minutes fifty-seven seconds West IN 070 34' 57" Wl.
one hundred seventy-nine and fifty.three hundredths 1179,53) feet to a point; thence (2) North fifty-three degrees
nineteen minutes thirty-two seconds West (N 530 19' 32" Wl. one hundred forty-six and fifty hundredths (146.50)
feet to a point; thence (3) North thirty-four degrees twenty-five minutes seven seconds West (N 340 25' 07" WI,
three hundred four and ninety-six hundredths 1304.961 feet to a point; thence 14) North six degrees thirty-nine
minutes thirty-one s~conds East (N 060 39' 31' E), one hundred one and zero hundredths (101.001 feet to a point;
thence (5) North sixty-three degrees zero minutes twenty-nine seconds West IN 63000' 29" Wl. forty-five and zero
hundredths 145.00) feet to a point; thence 16) North twenty-five degrees fifteen minutes twenty-nine seconds West
(N 250 15' 29" WI, ninety and zero hundredths (90.00) feet to a point; thence (7) North eleven degrees twenty
minutes twenty-nine seconds West (N 11020' 29" Wl. one hundred fourteen and zero hundredths (114.00) feet to
a point; thence 18) North forty-seven degrees forty-five minutes twenty-nine seconds West IN 470 45' 29" Wl.
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eighty-four and seventy-five hundredths 184.751 feet to a point: thence leaving said Middle Spring Creek by land
now or formerly of The Shippensburg Borough Authority, North thirty-four degrees fifty-five minutes thirty-one
seconds East IN 340 55' 31" E), two hundred and zero hundredths (200.00) feet to a point; thence by same, North
twenty-eight degrees eighteen minutes two seconds West IN 280 18' 02" W), eight hundred fifty-nine and eight
hundredths (859.08) feet to a point; thence by same, North seventy-two degrees twelve minutes forty seconds
West (N 720 12' 40" W), one hundred thirty-one and fifty-nine hundredths 1131.591 feet to a point in the centerline
of Bard Road T-306; thence by said centerline on a curve to the right having a radius of three hundred ninety-one
and seventy-five hundredths (391.75) feet and a length of one hundred forty and seventy-seven hundredths
(140,77) feet to a point; thence by same, South seventy-seven degrees twenty-seven minutes thirty-six seconds
East IS 770 27' 36" E), five hundred sixty-two and thirty-eight hundredths (562.38) feet to a point; thence by same
on a curve to the left having a radius of two hundred thirty-seven and four hundredths (237.04) feet and a length
of eighty-six and nineteen hundredths (86.19) feet to a point; thence leaving said road and along Lot No, 2 as
shown on the aforementioned Plan of Bard Meadows, South thirty-three degrees fifty-six minutes eighteen seconds
East (S 330 56' 18" E), one hundred seventy-three and thirty-five hundredths (173,35) feet to a point; thence by
same, North fifty-six degrees three minutes forty-two seconds East (N 56003' 42" E), two hundred fifty and zero
hundredths (250.00) feet to a point; thence by same, North thirty-three degrees fifty-six minutes eighteen seconds
West (N 330 56' 18" WI, one hundred fifty and zero hundredths (150.00) feet to a point in the centerline of the
aforementioned Bard Road T-306; thence by a line in and through Bard Road, North fifty-six degrees three minutes
forty,two seconds East (N 560 03' 42" E), fifty-seven and fifty hundredths (57.50) feet to a point; thence by same,
North fifty-two degrees two minutes twenty-four seconds East IN 520 02' 24" E), three hundred sixty-eight and
thirty-seven hundredths (368.37) feet to a railroad spike; the place of BEGINNING.
Said premises bearing Cumberland County Tax Assessment Index No. 36-32-2269-023A.
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