HomeMy WebLinkAbout02-2111 THIS AGREEMENT, made and concluded this 29 day of April, 2002 between
PATRICK C. MILLER AND SHERRY L. MILLER, HIS WIFE, of 861 W. North Street, Carlisle, Pannsylvania,
17013, parties ofthefirst part (hereinafter called Owner),
AND
ML BUILDERS, INC., CONTRACTOR, with its principal offices located at 641 Whiskey Springs Road, Boiling
Springs, Cumberland County, Pennsylvania, 17007, party of the second part (hereinai~er called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated March 12, 2002, entered into a
writ~an conWact for the erection, cons/ruction and completion of a single family dwelling located at Lot $1 Meadow Drive,
Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania as set forth in Deed Book 247, Page 2099, and as more
particular described in the aOached Exhibit A.
NOW THIS AGREEMENT WTFNESSETH: That the Contractor for and in consideration of the contract aforesaid
and the consideration meationed thereunder, as well as the further consideration of One ($1.00) Dollar to him in hand paid by the
Own.er at or before the sealing and delivea'y of these presents, the receipt whereof is hereby acknowledged, does hereby covenant,
pronuse 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 curfilages appurtenant thereto, by Contractor or by any sub-contraator,
materialman 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 ail sub-contractors,
matefiaimen, and laborers on said work shall look to and hold Conhaator personally liable for ail sub-conWacts, matefiais
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 matefiais furnished under said conWact for and about the erection, construction and completion of said
buildings as aforesaid, or under any contract for exffa work, or work supplernantai thereto, or otherwise.
AND this Agreement waiving the right of lien shall be an independant covenant and shall operate and be effective as
well with respect to work done and materials furnished under any supplemantai contract for extra work in the erection,
construction and completion of said building or buildings as to any work and labor done and mate~/ais 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 ail claims filed by the Contractor or anyone acting under or through him or it in violation offue foregoing covenant, the said
Contractor for himself, themselves, itself, hereby inevocably 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 Cornmon
Pleas as AtWrney for him, them or it and in his, their, its, name, mark satisfied of record at the cost and expense of the Con~'actor
or of any Sub-Contractor or Materialman, or Material man, any end ail claims or claim, lien or lieus, 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 pa~ thereof and for such act or acts this shall be good and sufficient warrant and authority, and a refimmce 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 wun'ant 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 WI~R~OF, the said parties have hereunto set their hands and seals dated the day and year first above
WITNESSES PRESENT:
SHERRY L.~IILLER, Owner
ML BUILDERS, INC.
~~SEAL)
Contractor
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