HomeMy WebLinkAbout94-00809
,uv ~'{)1 IVItD
THIS AUREF,MENT nuule and concluded thl~ IlIlh dllY oO'ehrullry, 1994,
BE:TWEEN HOWARD E. DARRICK and DONNA C, DARRICK of 211 Pickes Road,
Newville, Pennsylvanhl 17241, partle~ of the first pm (hereinafter called Owner),
AND HOWARD E, BARRICK BUILDER, of 211 Fickes ROlld, Newville, Pennsylvllnla 17241,
pany of the second part, (herelnllfter clllled Contrllctor),
.WJlEREAS the ,wd pmies have by II duly execulfd Agreement under seal, bearlnll even
dale henewlth, entered Into a written COlllract for the erecti'll1, construction, and completion of a
/'nlme and sldlnll ranch dwellinll house.
NOW flllS AUREEMENT WITNESSETII: That the Contractor for and In
consideration of the contrllct aforesaid and the consideration mentioned thereunder, BIl well III the
further conlldenulon of One ($1,00) Dollar to him In hand paid hy the Owner at or hefon: the
leallna and ciell,very of these presents, the n:celpt when:of Is hereby acknowledlltd, does hereby
covenant, promlSCI, and ai\l'Cle that no mechanics' lien or c1wm or other lien or claim of any kind
whauoever Ihall he flied or mwntalned allalnstthe ~ald bulldlnll or bulldlnlls or the curtllalle or
curtllapa appurtenant thereto, hy Contractor or by any ~ub-contractor, materialmen, or laborei'll
for work done, or materlall furnl~hed under said contract or by any other party actinllthroul\h or
under them or any of them (or and about said bulldlnll or bulldlnll~ or any part then:of, or 011
credit thereof, and that all sub-contractors, materllllmen and laborers on S11ld work shall look to
and hold ContnWtor personally liable for wi sub-contfllcts, mllterlllls fumlshed PIld work and
labor done, so that there ~hali not he allY lelw or lawful clwm of any kind whatever al\wnst
Owner for any work done or Illhor or materials fumlshed under swd contract for IUld aboutlhe
em:tion, constnlCtion, and completion of said buildings as aforesaid, or under any contract for
Clxtra work or for work supplement III thereto or otherwise.
AND this aarecment wwvlngthe right of Hen shall he an Independent covenant and Ihall
operate IInd he effective IIlI well with l'CISpectto work done and materials fumlshed under pny
supplemental contract for extra work In the erection, constrUction, and completion of the said
bulldinl. or buildings as any work and labor done IUld materials furnished under the contract
aforesaid,
AND, In order to Illvethe Owner full power and authority to protect hlmllCllf and the lot or
Iota of lround alalnst any and all claims flied by the Contractor or anyone actinl under or
throulh him or It In violation of the foregoing covenant, the said Contractor for himself,
themselves, IIl1C1lf, hereby Irrevocably authorlus and empowers any Anomey of any Court of
Common Pitas of the Commonwealth of Pennsylvania. to appear for him, them, II or any of
them, In any of the said Courts of Common Plena as Auomey for him them, or It and In him,
their, Its, name, mark 5Iltlslled of record at the cost and expenllCl of the Contractor or of any Sub-
Contractor or MaterlalmlUl, or Materialmen. any alld all claims or claim, lien or lien, flied by or
for the Contractor, or any Sub-Contractor or Materialman, or In his or their name against said
bull~ln or buildings, lot or lots of ground or any pm thereof and for such act, or acts this shall
be and sufficient WBrrlUlt and authority, and a reference to the Court, Tenn and Number In
wh ch and where this Alreement shall have been filed shall he a sufficient exhibit of the
Authority herein contained to WillTant such action, and the Contrnctor for himself, themselves
itself, do hereby remlllCl, relense and quit-claim all rights and all manner of errors, dc.\fects and
Imperfections whatsoever In entering such satisfaction or In anywise touching or concemlng the
aarne.
IN WITNESS WIIEREOF, the said pBrtles have hereunto setthelr hands and lICIals dated
the day and year first above wrlllen.
/l. ')/\ /tf..t,.,<-r:?/j' /!1L"'~~"e-;;t (SHAL)
, '~' I' Howard E, B~ICk . .'
\[' 6Jn;~}C:'B;u:iiCk~"! A11~ ~ (SEAL)
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Howanl E. arrick, Builder .
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