HomeMy WebLinkAbout99-0470377 'i;;>03 14 `6
Law Offices
1RWIN, MCKNIGHT & HUGHES
60 West Pomfret Street Carlisle, Yennsylvanla 17013-3111
THIS AGREEMENT, made and concluded this 30' day, of July, 1999 , by and between
GARY R. BEAM and PATRICIA A. BEAM, his wife, of 1000 Goodyear Road, Gardners, Pennsylvania,
17324, party of the first part (hereinafter called Owner),
AND
STEPHEN E. SMYERS, of 1291 Mt. Tabor Road, Gardners, Pennsylvania, 17324, party of the second
part (hereinafter called Contractor).
WHEREAS, the said parties have by a duly executed agreement under seal, dated July 6i6, 1999 entered
into a written contract for the erection, construction and completion of a dwelling to be erected at
1 180 Myerstown Road, Gardners, Dickinson Township, as conveyed to the Owner by
Karl E. Sowers, et al
NOW THIS AGREEMENT WITNESSETH: 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 whereof
is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or
claim of any kind whatsoever shall be filed or maintained against the said building or buildings or the curtilage or
curtilages appurtenant thereto, by Contractor or by any subcontractor, material men or laborers for work done or
materials furnished under said contract 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-contractors, material men,
and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials
Plmished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against
Owner for any work done or labor or materials furnished 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 otherwise.
AND this Agreement waiving the right of lien shall be an independent covenant and shall operate and be
effective as well with respect to work done and materials furnished under any supplemental contract for extra work
in the erection, construction and completion of said building or buildings as to any work and labor done and
materials furnished under the contract aforesaid.
AND, in order to give the Owner full power and authority to protect itself and the lot or lots of ground
against any and all claims filed by the Contractor or anyone acting under or through him or it in violation of the
foregoing covenant, the said Contractor for himself, themselves, itself, hereby irrevocably authorizes and empowers
any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or
any of them, in any of the said Courts of Common Pleas as Attorney for hint, them or it and in his, their, its, name,
mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Material man, or
Material men, any 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 ground or any part thereof and
for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and
Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the Authority
herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release
and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction
or in any- wise touching or concerning the same.
IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals dated the day and year
first above written.
WITNESSES PRESENT:
WITNESSETH:
BY: (SEAL)
G?ARYY . BEAM Owner
??-ta?6??000 ????lir*ti(SEAL)
PATRICIA A. BEAM Owner
BY; -(SEAL)
ST 'PHEN E. S ERS Contractor
W