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OOS866-00020/Fcbrual)' 27. 199511RDIDKU41856
STIPULATION AGAINST LIENS
Owner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. MLD 1995
PROSPERITY DEVELOPMENT COMPANY,
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DENNIS 1. SCHMIDT GENERAL
CONTRACTOR, INC. d/b/a
SHANE CONSTRUCTION GROUP,
Contractor
WHEREAS, PROSPERITY DEVELOPMENT COMPANY, a Pennsylvania general partnership, of 2525
North Seventh Street, P.O. Box 5967, Harrisburg, Dauphin County, Pennsylvania, 17110-5967, hereinafter called
"Owner". has executed a Standard Form of Agreement Between Owner and Contractor ("Agreement") with DENNIS
J. SCHMIDT GENERAL CONTRACTOR. INC.. d/b/a SHANE CONSTRUCTION GROUP, a domestic corporation,
with its principal place of business at 5256 East Trindle Road. Mechanicsburg, Pennsylvania, hereinafter called
"Contractor" for construction of a restaurant facility containing approximately four thousand five hundred (4,500)
square feet, being an addition to the Plaza 21 Shopping Center, located in East Pennsboro Township, Cumberland
County, Pennsylvania, which said restaurant facility is to be constructed upon real estate situate in East Pennsboro
Township, Cumberland County, Pennsylvania, being more particularly bounded and described as follows:
..
BEGINNING at an iron pin on the northeast corner of Lot #I-B on the hereinafter
described Final Subdivision Plan on the western line of Lot No.2; thence continuing
along the northern line of said Lot # I-B South 77 degrees 45 minutes West a distance
of 450.99 feet to a point; thence continuing along the same South 74 degrees 10
minutes 00 seconds West a distance of 150.00 feet to a point on the eastern legal right-
of-way line of North 21st Street (S.R. 1006); thence continuing along the same North
12 degrees 15 minutes 00 seconds West a distance of 212.05 feet to a point; thence
North 77 degrees 45 minutes 00 seconds East a distance of 90.00 feet to a point;
thence North 12 degrees 15 minutes 00 seconds West a distance of 150.00 feet to a
point on the southern line of lands now or late of Holy Spirit Hospital of the Sisters
of Christian Charity; thence along the same North 77 degrees 45 minutes 00 seconds
East a distance of 591.00 feet to a point at the northwest corner of Lot #2; thence
along the western line of Lot #2 South 12 degrees IS minutes 00 seconds East a
distance of 332.04 feet to a point, the place of BEGINNING.
005866-00020IFcbruary 27, 1995/JRDIDKL/4IBS6
BEING Lot No. I-A, Final Resubdivision Plan of Prosperity Development Company,
dated October IS, 1986, recorded in the Office of the Recorder of Deeds of
Cumberland County in Plan Book 51, Page 136.
NOW, THEREFORE, TillS AGREEMENT WITNESSETH: That the said Contractor, for and in
consideration of the sum of ($1.00) Dollar to Contractor in hand paid by Owner, the receipt whereof Is hereby
acknowledged, and the further consideration mentioned in the Agreement, for itself and Its subcontractors, and all
parties acting through or under Contractor and its subcontractors, covenant and agree that no mechanic's liens or claims
shall be filed or maintained by them or any of them against the restaurant addition, the existing Plaza 21 Shopping
Center building and the above described real estate or on account of any work done or materials furnished by them
or any of them under said Agreement or otherwise. for. towards. In, or about the erection and construction of the
restaurant facility and other improvements to be constructed on the real estate above described and the said Contractor,
for itself, its subcontractors and others under them hereby expressly waive and relinquish the right to have, file, and
maintain any mechanic's liens or claims against the said restaurant addition, Plaza 21 Shopping Center building and
the real estate above described, and agree that this instrument, waiving the right of lien, shall be an Independent
covenant.
WITNESS, our hand and seals this27';ay ofFt4-",w7 ' 1995.
WITNESS:
Owner:
PROSPERITY DEVELOPMENT COMPANY:
By: /1.). E- ~L
Nich~as D. Hughelf, Manager
Contractor:
DENNIS J. SCHMIDT GENERAL CONTRACTOR,INC.,
d SH E CONSTRUCTION GROUP
Dennis J. Sch
A TrEST:
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(Assis nt) S retary ..--'
(CORPORATE SEAL)
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