HomeMy WebLinkAbout03-0560 THIS AGREEMENT made and concluded this day of January, 2003,
BETWEEN WIRL BUILDERS, a partnership composed of WILLIAM J. WIRL, JR.,
WILLIAM J. WIRL, III and BRYAN S. WIRL, of 855 York Road, Carlisle, Pennsylvania
17013, party of the first part (hereinafter called Owner),
AND WIRL BUILDERS, a partnership composed of WILLIAM J. WIRL, JR.,
WILLIAM J. WIRL, III and BRYAN S. WIRL, of 855 York Road, Carlisle, Pennsylvania
17013 party of the second part, (hereinafter called Contractor).
WHEREAS the said parties have by a duly executed Agreement under seal,
bearing even date herewith, entered into a written contract for the erection, construction,
and completion of a dwelling house on Lot No. 46, Southview Estates, Plan Book 76,
Page 56 situate in South Middleton Township, Cumberland County, Pennsylvania,
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 of 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 lawful 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 for 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
completion of the said building or buildings as any work and labor done and materials
furnished 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 for him,
them, or it and in him, their, its, name, mark satisfied of record at the cost and expense
of the Contractor or of any Sub-Contractor or Materialman, or Materialmen, any and all
claims or claim, lien or lien, filed by or for the Contractor, or any Sub-Contractor or
Materialman, 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
warrant and authority, and a refere, ncc. tn thc_ ¢.r~rf Term
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals
dated the day and year first above written.
WIRL BUILDERS
William J. V~irl, Jr., Pa/tner
(SEAL)
By: William"J. Wirl, II1., Partner
By: I~,an S. Wirl, Partner
(SEAL)
(SEAL)
ATTEST: