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HomeMy WebLinkAbout94-01030 A-5E 11 /rJ3tJ J1.r (9~ mWIN, IRWIN a: McKNIGHT 60 West Paafret Street, Car.l1sJe, rn L[) /99 'I . ~ ('Ash ~+I- trpl. &(,q/ NO, /030 PA 17013 THIS AGREEMENT made and coucluded this day of _ l'e~ruarv 19...2!- between Joel A. Flinchbaugh and Kimberly D. Flinchbaugh -- '0 "" of 318 Bolton Avenue, Carlisle, Pennsylvania 17013 - I! party of the fint part (hereinafter called Owner). Snider & Killer Builders .&:.. AND lo' ,LJL,_,__.. "'0 :::s: of 450 Rea Ie Road Ma sville ania 1 0 3 . e ,< party of the lecond part (hereinafter called Contractor). WHEREAS, the said parti.. have by a duly executed agreement under s"al, dated JaoJary 31. t9~, entered into a written contract for the erection, corutruction and completion of a new residence accordinR to aareed UDon specifications. to be erected on Lot 118 as shown on the Final Subdivision Plan of Green Hill as recorded in Cumberland Countv Plan Book 55. Paae 17. NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract aforesaid and the coruideration 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 lealing and delivery of th..e presenU, the receipt whereof is hereby acknowledged, do.. hereby covenant, promise and agree that no mechanics' lien or claim or other lien or c1aim of any kind whauoever shall be filed or maintained against the said building or buildings or the curtilage or curtilag.. appurtenant thcreto, by Contractor or by any lub,contractor, materialmen or laborers for work done or materiaIJ furnuhed under said contract or by any other party acting through or under them or any of them for and about laid building or buildings or any part thcreof, Or on credit thereof, and that all lub,contractors, material- men, and laboren on said work shall look to and hold Contractor pcrsonally liable for all sub-contracu, material. furnilhed and work and labor done, so that there .hall not be any legal or lawful claim of any kind whatever agaimt Owner for any work done or labor or materials furnished under said contract for and about the erection, corutruction and completion of said buildings as aforcJaid, or under an)' contract for extra work, or work supple- mental thereto, or othenvise. AND this Agreement waiving the right of lien shall be an iudependent covenant and shall opcrate and be errective as well with rcJpcct to work done and matcrials furnished under any supplemental contmct for extra work in the erection, construction and completion of the said building or huildings as to any work and labor donc and materials furnished under tI,e contract aforcJaid, AND, in order to give the Owner full power allll autllority to protect himself and the lot or lots of ground against any and all claims filed by tile Contractor or anyone acting under or tllrough him or it in violation of the foregoing covenant, tile 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, tllem, it, or any of them, in any of tile said Courts of Common Pleas as Allonley for him, tllem or it and in his, their, iu, name, mark latisfied of record at the cost and expense of the Contractor or of any Sub,Contractor or Materialman, or Materialmen, any and all claims or claim, lien or liens, filed bl' or for the Contl1lctor, or any Sub,Contractor or Materialman, or in hu or their name against said building lIr buildmgs, lot or 1015 of ground or any part tllereof and for such act or acts this shall be good and sufficient warraut ami authority. amI a reference to the Court, Term and Number in which and where tI,is Agreement shall have been filed shall be a sufficient exhibit of the Authority herein contained to warrant such action, and the Contractor Cor hhu5clC, thelllsel\'es, iuelf, do hereby remise. release and quit-claim all righu 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 hereulllo .et their Im"ds nnd ,enls dnted the da)' and year first above written. (;{u/ Joel A. in au (SEAL) (SEAL) (SEAL) (SEAr.) CONTaACTOl