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HomeMy WebLinkAbout02-3199THIS AGREEMENT Mede and concluded this~'AJ~day of (/ between William J. Myers and Tammy J. Myers Application No. Myers__ A.D., ~)o~00 R ~ o.~. ~lqq ~Z~ 7'",o,-_. of 1030 Teakwood Lane, Enola, PA, Party of the first part (hereinafter called Owner), AND John Fogarty Custom Built Homes, 4701 N, Front Street, Han-isburg, PA party of the second part (hereinafter called Contvoctor). WHEREAS, the said parties have by a duly executed Agreement under seal, bearing even date herewith, entered into a written contract for the election and completion ora residential home to be erected on: Lot 2, Salt Reed, Enola, PA, East Pennsboro Township, Cumberland County, Pennsylvania in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claims or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH, That Contractor for and in consideration of the awarding to him 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 enseaiing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lian or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laboi~'s for work done or materials furnished under said contract for 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 Contmetor personally liable for all sub-contracts, materials 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 of 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 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 Contract for himself, themselves, itself, hereby irrevocably authorizes and empowers any Attorney of any Court of Common Ple~s 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 or record at the cost and expense of the Contractor or of any Sub-Contrector or Materialman, 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 said building or buildings, lot or lots of ground or any part the~of 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 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-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in ~,.y_~wise touching or concerning the ISNmr~ITNESS WHEREOF the said parties have hereanto set their hand~ff;~d e/als/fated the day an~year first above ~'il~n J. l~yers/ ~' - JOHN FOGART~Y~OM BUILT HOMES TC-24 (Rev. 8.86) STIPUI..ATION AGAINST LIENS C.P. No. YEAR Term No. M.L.D. Date Filed Application No. _Myers STIPULATION AGAINST LIENS Premises: William J. Myers and Tammy J. Myers Owner (s) JOHN FOGARTY CUSTOM BUILT HOMES Lot 2, Salt Road, Enola, PA East Pennsboro Township. Cumberland_County, Pennsylvania TC-24 (Rev. 8.86) STIPULATION AGAINST LIENS