HomeMy WebLinkAbout94-02669
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mWIN, IRWIN 5: McKNIGHT
60 WEST POMFRET STREET. oCARLISLJr," PA
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THIS AGREEMENT made and coucluded this
.
II
day of __~
19--2L
between
RANDY JOE HECKENDORN and DEBORAII A. HECKENDORN. his wife
of
67 Big Spring Avenue, Newville. Pennsylvania 17241
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party of the first part (hereinafter called Owner),
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AND
K & R LEHMAN CONTRACTING
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of
2107 Walnut Bottom Road, Carlisle, Pennsylvania 17013
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party of the second part (hereinafter called Contraclor), ~.:::
WHEREAS, the said parties have by a duly execull'd agr<'ement under s"al, dated May
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entered into a written contract for the erection, construction and completion of a dwelling house
to be erected on the Lot of the OWNER located_ in Dickinson Township.
containing 8.028 acre and being Lot No. 29 on the Plan of Richland Meadova
as recorded in Cumberland County Deed Book "R", Volume 35, Page 979.
NOW THIS AGREEMENT WITNESSETH: That the Contractor for and in consideration of the contract
afornaid 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 scaling and delivery of these presents, the receipt whereof is
hereby acknowledged, does hereby covenant, promise and agrce that no mechanics' lien or claim or other lien or
c1aim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or by any sub.contractor, malerialmen 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 Ihat all sub.contractors, material.
men, and laborers on said work shall look to and hold Contractor personally liable for all sub.contracts, materiall
furnbhed 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 furnished under said contract for and about the erection,
construction and completion of said buildings as aforesa id, or under any contract for extra work, or work supple.
mental 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, construction and completion of the said building or buildings as to any work alld 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 authori7.es 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 Allorney 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 Materiabnan,
or Materialmen, any and all claims or claim, lien or liens, fiI,.d by or for the Contractor, or any Sub.Contractor or
Materialman, or in his or their name against said building or buildings, lot or lots of ground or any part thereof and
for such acl or acts this shall be good and sufficient warrant ami authority, and a reference to the Court, Tern.
and Number in which and where this Agreement shall have b,'en filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release
and quit.c1aim all rights and all manner of errors, defects and imperfections whatsoever in enwring such satisfaction
or in anywise touching or concerning the same.
IN WITNESS WHEREOF the said parties haw hereunto set their hands and seals dated the day and year
first above written,
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nk'lRiil'Afi:llIl\;UNDO OWNER
WITNESSES PRESENT:
K & R.. LEIIMAN CONTRACTING
By:'~d~~.
KEITH L CONTRACTOR
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