HomeMy WebLinkAbout95-04923
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IRWIN, McKNIGHT & HUGHES
6(1 /1'", I'M!frII StrM. c..u.", _".MJ. 11D/J.J111
nus AGREEMENT, made and concluded thisli.fi- day of September, 1995, between
KENNETII MILLER IDd BONNIE L MILLER, his wife, of 1340 Goodyear Road, Oardners, Pennsylvania
]7324, party of the rust part (hereinafter called OMIer),
AND
DAVE MENTZER" SONS, of ]551 Upper Bennudian Road, Oardners, Pennsylvania ]7324, party of the second
part (hercinaIler called Contnlclor).
WHEREAS, the said parties have by a duly executed agr=nent WIder seal, for the construction and completion of
addition to the home of OWNER, located at 1340 Goodyear Road, Oardners, Dickinson Towmhip and re=ded in Cumberland
CountyDced Book 'U', Volume 26, Page 95L
NOW nus AGREEMENT WITNESSETII: That the Contnlclor for and in consideratiOll of tbe contract
aforesaid and the consideration mentioned thereunder,,, well.. the further consideratioD of One ($1.00) Dollar to him in hand
paid by tbe OWDer at or before the sealing and delivery of these presents, the receipt whereof is hereby acknoWledged. does
hereby covenant, promise and agree that DO m..,hanics' lien or claim or other lien or claim of any kind wbatsoever shaI] be filed
or maintained against the said building or buildings or the curtilage or curtilages appurtenant tbemo, by COIlllllc1or or by any
sub-amtractor, material men or laboters for work done or materials furnished UIlder said contract or by any other party acting
throuah or UIlder them or any of them for and about said building or buildings or any part thereof, or 011 credit thereof, and that
all sub<ontracton, material men, and laboters on said work shall look to and hold Contnlctor personally liable for all sub-
contracts, materials furnished and work and labor doDe, so that there shall DOt be any legal or lawful claim of any kind
wbatever against Owner for any work done or labor or materials furnished UIlder said contta.:t for and about tbe erection,
construction and completiOll of said buildings .. aforesaid, or UIlder any contract for extra work, or work supplemental thereto,
or otherwise.
AND this Asr=nent w~vins tbe right of lien shall be an independent covenant and shall operate and be effective..
well with respect to work done and materials fwnished UIlder any supplemental ContnlCt for exlnl work in the erection,
COIlSlnIction and completion of said building or buildings .. to any work and labor done and materials furnished tmder tbe
conlnlcl aforesaid.
AND, in order to gi'" tbe Owner full power and authority to protect himself and tbe 101 or lots of srOWld against any
and all claims filed by tbe Contractor or any-one acting tmder or through him or it in violation of tbe foregom, CO'1:IWIt, tbe
said Contractor for himself, tbemseh.... itself, here!>)' irrevocably authorizes and empo''''rs any AlIor1Iey' of any Court of
COlIltIlOIl Pleas of the COlIltIlOIlwealth of Pennsy'Ivania, to appelll' for him, them, it, or any of them, in any oftbe said Courts of
COlIltIlOIl Pleas .. Attorney for him, them or it and in hi.. their, its, name, III8I'k satisfied of ruord It tbe cost and expeIIlIe of
tbe Contractor or of any Sub-Contractor or Material man. or Material men, an) and all claims or claim, lien or 1iens, filed by or
for the COIltrac1or, or any Sub-Contractor or Material man, or in his or their name against said building or buildings, lot or lots
-
of SJOUIld or any perl thereof and for wllC\ or acts this shall be good and sufficienl _t and authority, and a refcn:ncc 10
the Court, Term and Nwnbcr in which and \\berc this Agn:emcnl shall have been filed shall be a sufficient exhibit of the
Authority herein contained to _t such action, and the ContrBclor for himself, themselves, itself, do hereby remise, release
and quit-claim all righ" and all manner of cmn, dcfec" and imperfections whaLsocver in entering such satisf'llCliOll or in any-
wise toudUng or con=ning the same.
IN WITNESS WHEREOF, the said parties have hcrcw1to set their hands and scaIs dated the day and year fars!
above \\TiltCll.
WITNESSES PRESENT:
-;;r/~e.PZL ?ntjR, (SEAL)
KENNEnt MILLER
l/J Owaer
Ij.)J);All at }yJ~ilu )EAL)
BONNIE L MILLER ~
Owaer
DA VI MINTZER'" SONS
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