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HomeMy WebLinkAbout02-4623 Law Offices IRIKINt McKNIGHT & HUGHES 60 West Porn fret Street, Carlisle, Pennsylvania 17013-3222 THIS AGREEMENT, made and entered into this ,P~ day of'September, 2002 by and between GENE HEYMAN AND PJ HEYMAN, husband and wife, of 619 Lerew Rotul, t~loiling Springs, Pennsylvania, 17007 parties of the first part (hereinafter celled Owner), AND MERIT CONTRACTORS, INC., t/d/b/a MERIT HOMES, with its principal offices located at 2115 Valley Road, P.O. Box 489, Etters, Pennsylvania, 17319, party of the second part (hereinafter called Contractor). ~ WHEREAS, the said parties have by a duly executed written construction agreements under seal, both dated [~k['~.~, for certain renovations and to the bathroom, kitchen/great room and 2002, improvements garage therein located at 619 Lewer Road, Boiling Springs, Cumberland County, Pennsylvania as set forth in Deed Book bU.~ ], Page ff~-~j~,, and as more particularly described in the attached Exhibit A. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the consideration mentioned thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or curtilages appurtenant thereto~ by Contractor or by any sub-contractor, materialmen or laborers for work done or materials furnished under said contract or by any other party acting through or under them or any &them for and about said building or buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or }awful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto, or otherwise. AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and complation of said building or buildings as to any work and labor done and materials furnisbed under the contract aforesaid. AND, in order to give the Owner full power and authority to protect himself and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney fbr him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of thc Contractor or of any Sub-Contractor or Materialman, or Material men, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient wan-ant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit- claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in any- wise touching or concerning the same. IN WITNESS WHEREOF, the said parties have hereunto set tbeir hands and seals dated the day and year first above written. WITNESSES PRESENT: (SEAL) ATTEST: MERIT CONTRACTORS, INC. t/d/b/a M ERI'I HOMES Earl L. Kurtz, Presi~l~l~t (SEAL) 2 ALL that certain tract of ground with all improvements thereon situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being known and numbered as 619 Lewer Road, Boiling Springs, Pa, 17007, the same being more fully described on that deed dated September 24, 2002, to SELLER and recorded in the Office of the Recorder of Deeds in and for Lebanon County, Pennsylvania, in Deed Book W, Volume 31, Page 83 ("Property").