HomeMy WebLinkAbout01-04980A
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Law Offrces
IRH7N. Mc%NIGHT & HUGHES ~ / f ~ ~y~ ~ ~ p
60 {Vest Pomfret Streeg Carlisle, Pennsylvania 17013-3222 '7 %~
THIS AGREEMENT, made and concluded this ~ / day of August , 2001 between
JUSTIN R. GOODHART AND HOLLV L. GOODAART, HIS WIFE of Carlisle, Cumberland County,
Pennsylvania, parties of the firs[ part (hereinafter called Owner),
AND
NORMAN ELAM, with its principal offices located at 12 Sandy Bottom Road, Cumberland County, Pennsylvania,
party of the second part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated 0 ~ ~ r , 2001, for
construction of a residentiai home upon that certain tot of land located at Lot 21, South View Estate, South Middleton Township,
Cumberland County, Pennsylvania, Deed for property recorded on , 2001, in the Office of the Recorder of
Deeds for Cumberland County in Record Book Page
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 kirid 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 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 famished 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, constmcfion 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,
constmction and completion of said building or buildings as to 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
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Pleas of the Commonwealth of Pennsylvania, to appear for him, [hem, it, or auy of them, in any of the said Courts of Common
Pleas as Attorney for him, them or it and in his, their, its, name, mark satisfied of record 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
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 [his shall be good and sufficient warrant and authority, and a reference to the
Court, Tenn and Number in which and where this Agreement shall have been f led shall be a sufficient exhibit of the Authority
herein contained [o 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 their hands and seals dated the day and year first above
written.
WITNESSES PRESENT:
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STIN R. GOODHART Owner
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HOLLY L OODHART Owner
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NORMAN ELAM Contractor
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