HomeMy WebLinkAbout02-3634 1N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTOPHER R. NESTOR and
MICHELLE L. NESTOR, husband and wife,
collectively referred to as Owners
LLOYD W. BEERE, JR., d/b/a
BEERE & SON, Contractor
No. 02-- 3035'
WAIVER OF LIENS
WAIVER OF LIENS
THIS AGREEMENT is made and entered into this ](q day of July, 2002, by and between
Christopher R. Nestor and Michelle L. Nestor, husband and wife, 1014 Baythome Drive,
Mechanicsburg, PA 17050 (the "Owners") and Lloyd W. Beere, Jr. d/b/a Beere & Son, 6030
Wertzville Road, Enola, PA 17025 (the "Contractor") in connection with an improvement to the
Owners' property.
1. Background. The Owners and the Contractor entered into on this same date a
separate written agreement ("Construction Contract") whereby Contractor agreed to make certain
improvements (the "Improvements") to Owners' residence located in 1014 Baythome Drive,
Mechanicsburg, PA 17050 (the "Property"). The Contractor expressly promised and agreed in
the Construction Contract that neither the Contractor nor any other party will file a mechanics'
lien or materialmen's lien of any kind for any labor or materials furnished in connection with the
erection, construction, alteration, or repair of the Improvements on the Property, together with
the lot or curtilage appurtenant to the Property, under the Construction Contract or any written or
oral novation, amendment or supplement to the Construction Contract.
2. Waiver. In consideration of the Owners' promises and covenants found in the
Construction Contract and intending to be legally bound by this Agreement, the Contractor
waives, on his own behalf and on behalf of anyone else who may act or assert claims on his
behalf- including but not limited to, subcontractors, materialmen, suppliers, superintendents,
architects, and engineers, together with their employees and agents - all rights to file a
mechanic's lien, a claim of mechanic's lien, a notice of intention to file a mechanic's lien, or any
other lien or claim in connection with the Improvements against the Property of the Owners, or
the appurtenant lot or curtilage of the Property.
3. Personal Liability of Contractor. The Contractor promises and agrees to be
personally and solely liable for any claims of any kind in connection with the Improvements,
including, but not limited to, claims for labor and materials presented by subcontractors,
materialmen, superintendents, architects, and engineers, together with their employees and
agents, and to indemnify and hold the Owners harmless from any such claims.
4. Notice to Subcontractors. The Contractor promises and agrees to furnish to all
subcontractors furnishing labor or materials, or both, in connection with the Improvement actual
notice of this Agreement sufficient to satisfy the requirements of 49 P.S. § 1402 and to furnish the
Owners proof that such notice was furnished to subcontractors.
5. This Agreement is executed by the Owners and the Contractor with the intention
that it be filed with the Prothonotary of the Court of Common Pleas of Cumberland County
within ten (10) days from the date hereof, in accordance with the authority granted by the Act of
August 24, 1963, P.L. 1175, §405, 49 P.S. §1402.
2
IN WITNESS WHEREOF, the parties to this Agreement have affixed their signatures,
this [~day of July, 2002.
By:
Owners:
L. Nesto ] ~ '
Contractor:
d W. Beere, Jr. d/b/a Beere & Son
W. Beere, J~./~'
Lloyd