HomeMy WebLinkAbout11-7690TUMBLEWEED HOLDINGS, LLC IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Owner
V.
ACCORD RESTORATION OF PA, ,. ,
INC.
Contractor NO.
--j
STIPULATION AGAINST LIENS
WHEREAS, Tumbleweed Holdings, LLC, a Pennsylvania limitg-,;lialaility = `
company (the "Owner"), has executed or is about to execute contemporaneously
herewith a contract with Accord Restoration of PA, Inc., a Pennsylvania corporation,
with offices at 621-A Lowther Road, Lewisberry, Pennsylvania 17339 (the
"Contractor"), for construction and renovations (the "Improvements") on property
known and numbered as 1 Hot Point Avenue, Shippensburg Township, Cumberland
County, Pennsylvania, more particularly described on Exhibit A attached hereto,
incorporated herein by reference and made a part hereof (the "Premises").
NOW, September 30, 2011, before any authority has been given by the
Owner to the Contractor to commence work on the Improvements, or to purchase
materials for the same, or to enter into any contracts with any subcontractors or
materialmen, or to authorize any purchases by or through any subcontractors or
materialmen, in consideration of the making of said contract with the Owner and the
further consideration of One ($1.00) Dollar, to Contractor paid by Owner, and with the
intent of all parties to be legally bound hereby, it is agreed that no lien shall be filed
against the Improvements, the Premises, or any part thereof, by the Contractor or any
subcontractor, or by any of the materialmen or workmen or any other person for any
labor, or materials purchased, or extra labor or materials purchased, for the
Improvements to the Premises (including hereafter changes made thereto), the right to
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file liens being expressly waived.
It is the full intent of the Contractor, for itself and for any subcontractors or
materialmen claiming for themselves, or by, through or under the contract or the
Contractor, that the right to file a mechanic's lien, under the provisions of law and/or of
Acts of Assembly in such cases made and provided, for work done or materials
furnished in and about the construction of the Improvements to the Premises is hereby
waived.
IN WITNESS WHEREOF, Owner and Contractor have executed this
Stipulation Against Liens the day and year first above written.
WITNESS:
WITNESS:
(Asst.) Secretary
OWNER:
Tumblew Holdings, LLC
: G
Byr
g Morrison, Member
v
By:
Fr k Hresta , Memb
CONTRACTOR:
Accord estoration of PA, Inc.
By:
(Vi ) President
F:\scw\5848 - Morrison, Craig\15795 - Tumbleweed Holdings, LLC - Purchase of 1 Hot Point Avenue, Shippensburg,
PA\Documents\Stipulation Against Liens.doc 9/29/11 11:39 AM
A
EXHIBIT A
ALL that certain tract of land situate in Shippensburg Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a spike in the center of the road leading from the old Shippensburg-
Newburg Road to the Roxbury Road, being Route No, 21060, at land now or formerly of
the Estate of George E. Rhinehart, now or formerly of Lee D. Dixon and Betty M. Dixon,
his wife; thence by the same North 3 degrees 55 minutes West, a distance of 54 feet to
an iron pin on line of land now or formerly of Harry E, Martin; thence by the said land
now or formerly of Martin, North 85 degrees 52 minutes East, a distance of 60.65 feet to
an iron pin at land formerly of the Estate of George E. Rhinehart, now or formerly of
Charles E. Newell and Beatrice L. Newell, his wife, the said last mentioned point being 3
feet from a garage foundation wall on the premises herein conveyed; thence by the
same South 3 degrees 33 minutes East, a distance of 29.15 feet to an iron pin, the said
last mentioned course being parallel to and a distance of 3 feet from a garage
foundation wall on the premises herein conveyed; thence by the same and at a distance
of 6 feet from a garage foundation wall on the premises herein conveyed South 86
degrees 55 minutes West, a distance of 10.35 feet to an iron pin; thence by the same
South 2 degrees 45 minutes East, a distance of 26.3 feet to an iron pin in the center of
the aforesaid public road; thence along the center of the aforesaid public road South 87
degrees 10 minutes West, a distance of 49.65 feet to the place of BEGINNING.
Pursuant to survey of John H. Atherton, P.E., dated November 22, 1958.
BEING that same premises which Gladys D. Rhinehart, widow, by deed dated
September 21, 2011, recorded October 4, 2011 to Cumberland County Instrument No.
201127270, granted and conveyed unto Tumbleweed Holdings, LLC, a Pennsylvania
limited liability company, Owner herein.
F \scw\5848 -Morrison, Craig\15795 -Tumbleweed Holdings, LLC -Purchase of 1 Hot Point Avenue, Shippensburg,
PA\Documents\EXHIBIT A.docx 10/7/11 9:14 AM