HomeMy WebLinkAbout07-5714R ~,",~ C,t. ~ v~ r- a-~ ~-~ e ~s ~ 07 -- S7 / y u~
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~' Application No. 07-70
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THIS AGREEMENT made and concluded this o~~ day of September , 2007,
between FERNE A. CARBO of Republic, Pennsylvania, party of the first part (hereinafter called
Owner), AND MADISON & SONS CONSTRUCTION, LLC, party of the second part
(hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even
date herewith, the said parties have by a duly executed Agreement under seal, bearing even date
herewith, entered into a written contract for the erection and completion of single family
dwelling house to be erected on Lot #8, Plan Book 93, Page 105, Red Oak Estate, known and
numbered 17 Young Drive, Carlisle, PA.
NOW THIS AGREEMENT WITNESSETH: The Contractor for and in consideration of
the awarding to it by Owner of said contract as aforesaid, as well as the further consideration of
One ($1.00) Dollar to him paid at or before the ensealing 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 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 furnished under said
contract 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 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 contracts for extra work, or for work
supplemental thereto, or otherwise.
AND, in order to give the Owner full power and authority to protect herself 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 his, their,
its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-
contractor or Materialmen, or Materialmen, any and all claims or claim, lien or liens, filed by or
for the Contractor, or any Sub-Contractor or Materialman, or in his or their name against
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 reference to the Court, Term and Number in
which and where this Agreement shall have been filed shall be 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 anywise 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:
a
FERNE A. CARBO,'Owner
MADISON & SONS CONTRUCTION,
LLC, Cont r
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BY: DI J. AD SO er
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BY: VICTO . M ISON, Member
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BY: ANTHONY .GRIMES, Member
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