HomeMy WebLinkAbout95-04924
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I.IIw Offica
IRWIN. McKNIGHT & HUGHES
fIJ Waf """"'" SIr.... Ctll/UII, 1'Mtuy1,,,,,", 17011-J111
nus AGREEMENT, made and concluded this ...!.L day of September, 1995, between
GARY L PALMER, JR AND KIMBERLY A. PALMER, his \\ife, of 2~5 Meadow View Drive,
Dover,PennsylVllllia 17315, party of the fIrSt part (hereinaRer called O\\ner).
AND
HOWE HOME SALES, INC. of Route 30 West, Abbol1slo\\1l, PennsylVllllia 17301, party of the sccond part
(bereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated August 2. 1995. entered into a
written contract for the construction and completion of a 1995 Skyline Lexington 28 x 66 home
loti and 2A, Plan Book 63, Pase 23, Dickinson To\\nship, Cwnberland COWlty
Deed Book 125,Page 11137.
NOW nus AGREEMENT WITNESSETIf: That the Contractor for and in consideration of the contract aforesaid and the
consideration mentioned thereunder. as well as the further consideration of One ($ 1.00) Dollar to him in hand paid by the
Owner at or before the sealing and delivery of these presents, the receipt \\hereof is hereby acknowledged, does hereby
covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind \\ilatsoever shall be filed or
maintained against the said building or buildings or the curtilage or curtilagcs applll1enant thereto, by Contractor or by any sub-
conlrDclor, material men or Iaborcn for work done or materials fwnished under said contracl or by any other party acting
through or under them or any of them for and about said building or buildings or any part thereof, or on credit thereof, and that
all sub-contracton, material men, and Iaborcn on said work shall look 10 and hold Contractor personally liable for all sub-
contracts, materials furnished and work and labor done, so that there shall not be any legal or 1a\\fu1 claim of any kind
\\ilatever against Owner for any work done or labor or material. fwnished under said contract for and about the erection,
construction and completion of said buildings as aforesaid, or under any contract for extra work, or work supplemental thereto,
or oth"",ise.
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AND this Agreement waiving the ris/lt oflien shall be an independent covenant and shall operate and be e1Tective as
well with respect to \\.n done and materials tlunished under any rupplemcntal contract for eXlJa \\.n in the erection,
construction and completion of said building or buildings as 10 any work and labor done and materia1s fwnished under the
contract aforesaid.
AND, in order to live the O\\ner full power and authority to protect himself and the 101 or lots of pound against any
and all claims flied by the ConlrDclor or an)one ""ling under or through him or it in violation of the foresoing co_t, the
said ConlrDclor for himself, 1hemsc1\'CS. i\JCIf, hereh)' irrevocably authorizes and empowers any AI\omq' of any Court of
Common Pleas of the Commonwealth of I'ennJylvania, 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, nwt satisfied of record at the COllI and cxpeme of
the Contractor or of lilY Sub-Contractor or Material man. or Material men. lilY and all claims or claim. lien or liens. filed by or
for the Contractor. or any Sub-Contractor or Material man. or in his or their name against said building or buildings. lot or lots
of grow1d or any part thereOf and for such eet or ects this sha1I be good and sufficient \WIT1Il\t and authority. and a reference to
the Court, Tenn and Number in which and where this AgrceI1leI1t sball bave been filed shall be a sufficient exhibit of the
Authority berein contained to \WIT1Il\t such action, and the Contractor for himself. \hemSClvcs, itself. do bereby remi... release
and quit-<:Iaim all rights and all manner of errors. defects and imperfections whalsOCver in entering such satisfeetion or in any.
wise toUChing or conceminI the same.
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IN WITNESS WHEREOF. the said partics bave hereunto set UIeir bands and sea\s dated the day and )- flfSl
above written.
wITNESSES PRESENT:
'~ 3&
(SIAL)
HOWE HOME SALES INC.
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