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HomeMy WebLinkAbout95-01318 5- \ \ ., boroh j. t.cU\\Y d L,-\"~b('d ~A on\~OS\. 9'5 . 13 f~ 111 LD .sIJ.fULA11QN AGAINST MECHANICS' LIENS. THIS AGREEMENT madeundeoneludedon Murch 10. 1995 BETWEEN Klpp E. Zabler and Deborab J. Zabler of 1113 Apple Drive. Apt, 3. Meehalllesbulg, Pennsylvania, pany of lhe first part (hereioafter called Owner), AND Lynford K. Donlvan of 116 ,,",st Hillcrest Drive.Cnrlisle, Pennsylvania 17013. party of the second pan, (hereinafter called Contmetor), WHEREAS the said panics have by a doly exeeotedAgreement under seal, benring even date berewith, enlered iOlo n wlinen eOOlrnet for the excavation, the eonstruclion and completion of a single family residence to be crectedon the lot of ground situale in UppcrFmnkford Township, CumbellnndCounty, Pennsylvnnla, known as LOI6, Grahams Woods Road, Carlisle. Pennsylvania. NOW THIS AGREEMENT WITNESSETH: That the Conlruetorfor and in considerallon of the conlmcl aforesaid and the consideration mentioned thereunder. as well as the funherconsidelallon of One ($ 1.00) Dollar to him in hand paid by the Ownel at or before the scaling and delivery of these pleseOls, the reccipl whereof is heleby acknowledged. does heleby covenant. plomlse, and ngree that no mechanics' lien or claim or olher lien or claim of any kind whalsoever shall be med or maintnined ngainstthe said building or buildings 01 the cunilage 01 eunilages appunenanttheleto, by Contrnetor or by any SUb,coOlroetol, mnteriabnen, or laborers for work done, or materials fumished under said contract or by any otber party acting through 01 under them or any of them for and about said building or buildings or any pan thereof. or on credit thereof. and thai all sub- conlmctols, matelialmen and laborers on said wOlk shall look to and hold Contruclor personally liable fOI all sub. conlracts, materials furnished and work and labor done, so that there shall not be any legal or lawful c1ahn of nny kind whatcver against Owner for any work done or labor or materials furnished undel said contract fur and nbout the erection. construction, and com pie lion of said buildings as aforesaid. or under any conlmet fur extra work or for wo!k supplementalthercto or otherwise, .'A N D this agleement waiving lhe light of lien shall be an Independent covenant and shall opcrale and be effective as well witb lespectto work done and materials furnished under any supplemental coOlmct for cxtra work in the erection. construction. and completion uf the said building 01 buildings as any work and labor done and'malerials furnished under the controct afolesaid, AND, In order to give the Owner full power and aUlhority to protecl himself and the lot 01 luts of ground against any and all claims med by the Contractor or anyone aCling under or through him or it in violation of the foregoing covenant. the said Contlaetor for bimself. themselves, itself, beleby irrevoenbly nutborizes wxJ empowers any Anorney of any Court of Common Pleas of the Commonwealtb of Pennsylvania. to appear for him. them, it or any of them, In any of the said Courts of Common Pleas as Anomey for him, them. 01 it wxJ In him. their, its, name. mark satisfied of recoldat the cost and expense of the Conlroetor or of any Sub- Controctor or Materlahnan, or Materialmen. nny and all claims or clahn, lien or lien. filed by or for the Contractor. or any Sub.Contraclor or Mateliahllan, or in his or their name against said building or buildings. lot or lots of ground or any palt thereof and for such act, or acts this shall be good and sufficient warlant wxJ authority. and a reference to the Court, Terln and Numbel In which and where this Agleement shllll have been med shali be a sufficient exhibit of Ihe AUlhority herein eOOlnlned to warranl such action. and the CoOlraclor for himself, themselves. itself, do heleby remise. release and quit-claim all rig his and all maaner of crrOlS, defects and imperfections whalsoever In enlerlng such satisfaction or in allywise touching or concerning the same, IN WIT~S WHEREOF, the said parties have hereunlo setthell hands and seals dated the day wxJ yeur~rst b~W' . /' _ \~ (SEAL) ~ (SEAL) L 0 Donivan Ki -, .Ider it i'~1'" 110 (;';,j 10) (SEAL) Deholah J. Zahler (. (~/ ,~ 9.J ~ (,oJ ~ 9..J C). "-:. -,;: ;. :-0 J' __ ~ ~ ~ .-,' -- - ~ 'i.. . <-, I r-' '.: ,~ \ .... -.r:: \ :. ".. d ~_"-~ "". ," - .- ,- ;: - "~). ~ . -11 " ~ ~~