HomeMy WebLinkAbout94-07341
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THtS AGREEMENT made und cllnduded on Decl:rnber 29,1994,
BETWEEN Scott R, Haekcnhurll and Rhonda L, Haekenhurll, husbund und wife, of 72 Walnut Owe
Road, Shippcnsburg. Pennsylvuniu, IHlrty of the first pan (hereinafter called Owner),
AND Lynford K, Donlvan of 116 West Hillcresl Drive, Carlisle, Pennsylvania 17tH3, party of the second
pW1, (hereinaller called COIUl'uctor).
WH EREAS the said panics have by u duly executed Agreement underseal, beuring eVen date herewith,
enlered Inln a wrilleu contruct for lhe exc.lvulion, the construction andcomplelion of a single family residence to
be erecledon the lot of groond situate in Soathamplon 'I\lwnship, Cumberland County, Penn:lylvania, known IlS
72 Walnul Dale Road (lot 12 of Crestwood Acres), Shippensburg, Pennsylvania,
NOW THIS AGREEMENT WITNESSETH, Thai the Contractor for and in consideration of the
contract aforesaid and the consideration mentioned tllereunder, as well as the fonhereonsideration of Onc ($1,00)
Dnllar 10 him in hand paid hy the Owner at or before the scaling and delivery of Ihese presents, the receipt
whereof is hereby acknowledged, docs hereby covenant, promise, and agree thai no mechanics' lien or claim nr
other lien lIr claim of any kind whatsocver shall be liIed or maimained againstlhe said building or buildings or
the cortilagc or cortilages appunenantlherelo, by Contractor or by any sub-contraclor, materiahnen, or laborers
for work done, or materials furnished under said contract or by any olher party acting through or under them or
any of them for and about said building or buildings or any pan thereof. or on credit thereof, and that all sub-
contractors, materialmen and laborers on said work shall look to und hold Contractor personally liable for all ,ub-
contracts, materials furnished and work and labor done, snthat there shall not be any legul or lawful claim of IlI1Y
kind whatevcr against Owner for any work done or labor or muterials furnished under said contract for and about
the erection, construction, and completion of said buildings as aforesaid. or under any conlract for extra work or
for work supplemental thereto or otherwise.
AND this agreement waiving Ihc right of lien shall bc an independent covenant and shall opcrnte and he
effective as well with respecllo work done and materials furnished undcr any supplemental contract for eXIm
work in thc ercetion, construction, and completion of the said building or buildings as any work and labor done
IlI1d matcrials furnished under the conll'act aforesaid,
AND, in orderto give the Owner full power and authority 10 protect himself and the lot orlors of ground
against any and all claims tiled by the Contractor or anyone neting under or through him or it in violation of the
forogoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizcs tlnd
empowers any Allorney of any Court of Common PI"as of Ibe Commonwealth of Pennsylvania, 10 appear for
him, Ihcm, it or any of Ihem, in any of the said Courts of Common Pleas as Allorney for him, them, or il tlnd
in him, Iheir, its, name, mark satislied of record at the cost and expensc of lhe Contractor or of any Suh-
Contractor or Materiahnan. or Materialmen. any and all claims", claim, lien or lien, filcd by or for the
Contractor, or any Sub-Contractor or Malerialman. or in his or their name against said building or buildings, lot
or lots of ground or any part thereof and for such act, or acts this shall be good and sufficient warrant tlnd
aUlhority, and a reference to the Court, Term and Number in which and where Ihis Agreement shall have heen
liIed shall be a sufficient exhibit of Ihe Authority herein contained tn warrant such aelion, and the Contractor for
himself, Ihemselves. itself. do hereby remise, release and quit-claim all rights and nil manner of errors, defects
and imperfeclions whatsoever in entering such satisfaction or in anywise touching or concerning the same.
SS WHEREOF, the said parties hnve herennto set their hands and seals dUled Ihe <lay tlnd
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Rblmda L, Hackenburg
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