HomeMy WebLinkAbout04-2200Robert L. Lyon and Tommy A.
Lyon, husband and wife
In the Court of Common Fleas County of
Cumberland
, Pennsylvania
Docket Number
Term 2004
Simeral Construction Company Page Number
W~c~'&~s, Simerel Construction Company ( Contractor' ) of 12g West Airport Road, Lititz, PA 17543 has entered into a
contract with Robert L, Ly~n and Tommy A. Lyon, husband and wife ('Owner") for the erection or construction of a
SINGLE FAMILY DWELLING upc~ tP:e lot of ground known as Lot 2.1 Penns Run Road, Mechanicsburg, PA 17050, Silver
Sprinl~ Township, Cumberland County, PENNSYLVANIA described Jo Exhibit "A" hereof, of which Robert L Lyon and
Tommy A. Lyon, husband and wife is f:h$ title holder of record; and
W~tet"eas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be
erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor
or materials furnished in the said oreo;ion or construction, and that the right of anyone to claim any such lien be waived
hereby.
Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the
considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the
Owner at or before the sealing and deiNery of these presents, the receipt of which is hereby acknowledged, and intending
to he legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontraCtors,
matedalmec, laborers and parties acti;~g for, through or under Contractor, that ne mechanics' lien or claim or other lien or
claim of any kind whatsoever sha)l be [ilecl or maintained against the 13uilding, improvements, lot of ground or any pa~l
hereof, or the curtilage or ourtilages appurtenant thereto by anyone, and that all subcontractors, materialman and laborers
shall look to and hold Contra~or personally liable for all subcontracts, materials furnished and work and labor done.
And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be
effective with respect to work done and materials furnisJ~ed under any supplemental contract for extra work Jn the erection,
construction and completion of the building as well as to any work and labor done and materials furnished under the
contract aforesaid.
And, in order to give the Owner ful~ power and authority to protect Owner and the building, improvements and lot of
ground, against any and al~ claims filed by Contractor or anyone acting under or through Contractor in vio}ation of the
foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania; to appear for Contractor in any of the said Courts of Common Pleas as attorney for
Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any
subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor
or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part
thereof, and, for such act or acts, this shall be good aha sufficient warrant and authority, and a reference to the Court,
Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein
contained to warrant such action, and ~he Contractor does hereby remise, release, and quit claim all rights and all manner
of errors, defects and imperfections wllatsoever in entering such satisfaction of in anywise touching or concerning the
same.
Witness our hand and seal the day and year aforesaid.
Signed and sealed in the presence of:
Si.feral Construction
Company
TOTRL P. 02