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HomeMy WebLinkAbout01-04876 oe ~P~~ .n~.~ ~~ Law Offices IRWIN. Mc%NIGHT & HUGHES 60 West Pomfret Street' Carlisle, Pennsylvania 170]3-3222 M THIS AGREEMENT, made and concluded this day of August, 2001, between ERNEST E. MORRIS, JR, and JEANETTE M. MORRIS, his wife, of 424 South Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania, party of the first part (hereinafter called Owner), AND ROBERT J. GOLDSMITH, III, Contractor, of 137 Pine Tree Drive, Newville, Cumberland County, Pennsylvania, party of the sewnd part (hereinafter called Contractor). WHEREAS, the said parties have by a duly executed agreement under seal, dated August ~ 2001, for construction of a house upon Lot 15, Scenic View, Newville, Cumberland County, Pennsylvania, 17241. Deed for property rewrded on December 1, 2000, in the Office of the Recorder of Deeds for Cumberland County in Record Book 235, Page 238. 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 cartilage or cartilages appurtenant thereto, by Contractor or by any sub- contractor, materialmen or laborers for work done or materials famished under said contract or by any other party acting through or under them or any of [hem for and about said building or buildings or any part [hereof, 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 famished 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 [his 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 famished under any supplemental contract for extra work in the erection, construction and completion of said building or buildings as to any work and labor done and materials famished under the contract aforesaid. M 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 i[ in violation of the foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attomey of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appeaz for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attomey for him, them or it and in his, their, its, name, mark satisfied of rewrd at the cost and expense of the 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 Contractoy 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 [hereof and fot such act or acts this shall be good and sufficient warrant 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 wamant 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. written. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and yeaz first above WITNESSES PRESENT: .C~ 4/ ~~ A c w /'Rf C..~.-~/ ~ ~ ~ (SEAL) ERNEST E. MORRIS, JR. • (SEAL) ANETTE M. MORRIS BY: C~~~~'"/ (SEAL) ROB .GOLDSMITH, III, Contractor 6~ c c V? ~"~ JT ~~ d r Z, r.=; -,, ,. .-~ r~- ~ , r; D `-' r,': .~ r-a ~.~ ~_> r =.