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Home My WebLink About08-2480 JOSEPH L. GOODMAN and BARBARA M. GOODMAN, Owners v. RIDGEVIEW CUSTOM HOMES, LLC Contractor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-.?y~pCIVIL TERM STIPULATION AGAINST LIENS THIS AGREEMENT made this 16th day of April, 2008, by and between Ridgeview Custom Homes, LLC, hereinafter referred to as Contractor, and Joseph L. Goodman and Barbara A. Goodman, hereinafter referred to as Owners, whereby the former undertook and agreed to erect and construct a single dwelling house on that certain lot of ground situate in the Township of Dickinson, County of Cumberland, Commonwealth of Pennsylvania, a description of which is attached hereto. NOW THEREFORE, THIS AGREEMENT WITNESSETH; that the said Contractor, for and in consideration of the sum of One ($1.00) Dollar to the Contractor, in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in this Agreement aforesaid for themselves and their subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in or about the erection and construction of the said buildings on the lot above described, and the said Contractor, for themselves, their subcontractors and others under them hereby expressly waive and relinquish the right to have, file and maintain any mechanic's lien or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. Witness, our hands and seals this 16th day of April, 2008. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness 2aDE,E.I ~~~ WS"svM ~~C'S, l..L.C t-~ef-C3~r Cam, l..le o.~~ , i-')c--Y-.~l Ezhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described according to the Final Subdivision Plan for Phase Number II, Nicholas Manor, prepared by Dawood Associates, Engineers, Planners, Surveyors, dated June 6, 2005, revised through July 21, 2006, and recorded in Cumberland County, Pennsylvania Plan Book 94, Page 96, on July 2, 2007, as follows: BEGINNING at an iron pin set on the right-of--way line of Hawthorn Court (50' ROW) and the northeastern corner of Lot No. 54 on the above-referenced Plan, thence North 64 degrees 06 minutes 50 seconds East 155.00 feet to a point; thence along same on a line curving to the right having. a radius of 40.00 feet, an arc length of 62.83 feet and chord bearing of South 70 degrees 53 minutes 10 seconds East 56.57 feet to a point on the western right-of--way line of Willow Lane; thence alongtheright-of--way line of Willow Lane (50'ROW), South 25 degrees 53 minutes 10 seconds East 42.43 feet to a point; thence continuing along same on a line curving to the left having a radius of 1025.00 feet, an azc length of 237.45 feet and a chord bearing of South 32 degrees 31 minutes 21 seconds East 236.92 feet to an iron pin; thence along Lot No. 47 on the above-referenced Plan, South 55 degrees 50 minutes 23 seconds West 214.64 feet to an iron pin set; thence along said Lot No. 54, North 27 degrees 31 minutes 32 seconds West 348.79 feet to an iron pin set, the point and place of BEGINNING. BEING Lot No. 53 on the Final Subdivision Plan for Phase Number II, Nicholas Manor and containing 1.506 net acres. BEING a portion of the premises which Catharine E. Hock, widow, by her deed dated October 1, 1986, and recorded in Cumberland County, Pennsylvania Deed Book "F", Volume 32, Page 223, granted and conveyed unto Raymond E. Diehl and Donald E. Diehl, Grantors herein. iJNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the lots conveyed hereunder and shall not be deemed binding on other lots retained or sold by Grantor in the future, which building and use restrictions the Grantees, their heirs and assigns, by acceptance of this deed, agree to comply: 1. The lots shall be used for residential purposes only. No business (except home occupations), commercial or industrial uses whatsoever shall be permitted on the lots. No single story residence erected on the lots containing less than 2,000 square feet of finished living space and no two-story residence containing less than 2,500 square feet (which space shall specifically exclude porches, breezeways, basements and garages). All residences must include a 2-caz or larger gazage. 2. No trailer, mobile home, recreational vehicle, boat or boat trailer, or similaz items maybe located on this tract of land temporarily or permanently, for any use whatsoever, unless kept in an enclosed structure. 3. No basement, tent, shack, garage, barn or structure of a temporazy character shall be erected on this tract of land and used as a residence either temporarily or permanently. 4. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other than the customary "For Rent" and "For Sale" signs when the same pertain to the lot on which they aze located. One home occupation sign shall be permitted but shall not be larger than the maximum size applicable under the Zoning Ordinance of Dickinson Township. 5. Nothing shall be done on this tract of land which may be or become an annoyance or nuisance to the neighborhood. 6. No house shall be constructed on the premises conveyed herein without prior written approval of the Sellers and/or their assigns, as to the design, selection of materials and selection of builder. Seller shall approve or disapprove such construction within five (5) days of submission of any request to Seller. Approval shall not unreasonably be withheld. 7. All construction and landscaping shall be completed within one year of the commencement of such construction. 8. These covenants and restrictions shall run with the land and shall be binding on all parties and all persons claiming under them. 9. No animals, livestock or poultry of any kind shall be raised or bred or kept on the lots except dogs, cats or other household pets (including horses if lot is over five acres) so long as such are not kept or bred for commercial purposes. All such animals (except horses as permitted herein) shall be housed within the residence erected on the subject lot. 10. Each lot Purchaser shall be solely responsible for maintaining all storm water easements on the lot in accordance with the Storm Water Management Plan approved by Dickinson Township as further described in the Subdivision Land Development Plan for Nicholas Manor and shall indemnify Seller from any liability or obligation to the Purchaser and/or Dickinson Township or any other party for damage to such storm water improvements or costs of maintenance and/or repair occurring after purchase of the said lot. 11. All utility service to lots shall be placed underground. 12. In ground pools only maybe constructed on the subject lot. 13. Purchaser shall be solely responsible for obtaining a Driveway Permit from Dickinson Township or the Pennsylvania Department of Transportation as appropriate, including all necessary fees. 14. No above-ground storage tanks shall be permitted on the lots without the prior approval of Sellers or their assigns. 15. Lots shall not be used or maintained as a dumping ground for rubbish, trash, garbage or other waste. Q ~ c L, , ~ ~ ~ -v :,., o~ ~ -,-~ ~ -~ ,=- ,-„ T, -~.~ ~-;; o ,~- e~ cT~ ~~ h