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HomeMy WebLinkAbout94-07131 WiLl - 7/31 (rlLD TfltS AGREEMENT made and conduded on Dccemher 9, I<J<J4 BETWEEN Jame. W. Saraclnll and Mlnka A. Snrllclna, hushand and wire or P. O. Box 9~, New Kingstown. Pennsylvania, pany or the lirst part Ihereinafter called Owner), AND Lynrord K. Donlvan or 116 WeSl Hillcrest Drive, Carlisle, Pennsylvania 1701.1, party oflhe second plltl, (herdnaner called Contractor), WIlEREAS Ihe said parties have hy a duly ",eculedAgreemenl under seal, hearing even daleherewilh, entered intn n wrillcn cnntrnct for the cxcavnlino. the clmstruction andcomplclioo of n single fnmily residence: In he ereCled on the 101 of ground situale in Ihe Borough of Mounl Holly Springs, Cumherland Counly, Pennsylvania, known as LOI 64, Liherty Woods, NOW TillS AGREEMENT WITNESSETH: Thallhe ConlraclOr for and in eonsideralion of Ihe contruct aforesaid and the consideration mentioned tllcrcundcr, as well us the t'urthcrcnnsidcrution of One ($1.00) Dollar 10 him in hand paid hy Ihe Owner al or hdore Ihe scaling and delivery or Ihese presenlS, Ihe receipl whereof is hereby acknowledged. docs herehy cnvenomt, promise. and agree that no mechanics' lien or claim or other lien 'If claim of any kind whalsoever shall be filed or maintained againsl the said building or huildings or the eunilage or curtilages appurtenant Iherelll, by Conlraclor or hy any Suh-Conlraelor, malerialmen, or lahnre,.; for work done, or materials fornished undersaid contract or hy any olher pany aCling through or underthem or any of Ihem for and about said huilding or huildings or any part Ihereof, or on credit Ihereof, and that all sub- contractors, materiahnen and lahorers on said work shall look to and hold Conlraclor personally liahle for all suh- eonlracls, malerials furnished and work and lalJllr done, so Ihat Ihere shall not he any legal or lawful claim of any kind whatever againsl Owner for any work done or lahor or mUlerials furnished undersaid contracl for nnd ahout the erection. construction, undcomplction of said buildings us aforesaid, or under any contract fur extra work or for work supplemental therelo or olherwise. A NO this agreement waiving Ihe right of lien shall be an independent covenant and shall operale and be effective a. well with respect to work done and mnterials furnished under any supplemental contract for extra work in the erection, construClion. and completion of the said huilding or buildings as any work and labor done and materials furnished under the contract aforesaid, AND, in order 10 give the Owner full power nndaulhority to prolecl himself and the lot or lots of ground against any and all clllims filed by Ihe Contraclllr or anyone acting underorthrough him or il in violation of the foregoing covenant, the said Conlractor for himself. themselves. itself, herehy irrevocably authorizes and empowers any Auorney of any Coun of Common Pleas of the Commonwealth of Pennsylvania. to nppeur for him, them, it or any of them, in any of the said Courts of Common Pleas as Auorney for him, them. or it and in him, their, ils, name, mark salisfied of record at the coS! and expense of Ihe Conlraclor or of any Sub. Contractor or Malerialman, or Malerialmen, any and all claims or claim, lien or lien, filed by or for the Contractor, nr any Sub-Contractor or Materialman. or in his or Iheir name agninS! said building or huildings. lot or lots of ground or any pnrl thereof and for such act, or acls this shall he good and sufficient warrant and authority, and a reference to the Court, Term and Number in which nnd where this Agreemenl shall have heen filed shall be a suflicient exhihit of Ihe AUlhorily herein contained III warrnnl such aClion, and the Contractor for himself, themselves, ilself. do herehy remise, release and 4uil-c1aim all righls and all manner of errors. defecL' and imperfeclions whalsoever in enlering sUl.:h satisfaclion or in anywise tllul.:hing or concerning lhe same. IN WITNES WHEREOF, Ihe said panics have hereunto sel their hnnds and senls daled the d,IY and year first abOYCj!.ri C ' V ~ ~../, ~ . (SEAL) .....IA/...r: '(SEAL) Lynr".faJ K, Doni van /' Jomcs W, Saroclnll r-. (".. \1~,,---,l\ . '')(..'11<:'' ",'~AL) Mlnko A, Saraclnu {O UJ (- .... e .r .J E: ~ - ~ if. r() ~ - _.0 .. Cl --r c:- ..:.y.. ,"" r6 "" 0 -j" I Ul .5 (7) -::t- -:-::':I 0 ()o D - In (6 C)- 1\ "l '" ~ 1" w ..J C( ~ -' u