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Home My WebLink About01-5044 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY~GOUHIN and MICHELLE/,.GOUHIN, his wife Owners Vs. YANEK CUSTOM HOMES, INC. Contractor : No. (~)l-- .-q'lDqC/ ; STIPULATION AGAINST LIENS WHEREAS, Jeffrey Gouhin and Michelle Gouhin, of Boiling Springs, Pennsylvania, are about to execute contemporaneously herewith, a contract with Yanek Custom Homes, Inc. of Boiling Springs, Pennsylvania, for the erection of a dwelling house upon a lot of land situate described as follows: ALL THAT CERTAIN lot of land situate in South MiddletonTownship, Cumberland County, Pennsylvania, bounded and described in accordance with Phase Number 1 of Plan No. 3 of Joseph Manor (hereinatter referred to as Plan No. 3) prepared by Stephen G. Fisher, P, L. S. and recorded in Cumberland County, Subdivision Plan Book 63, Page 8lA, as follows: BEGINNING at the point on Joseph Drive at the comer of Lot 54 and 55 of Plan No. 3; thence North 76 degrees 17 minutes 27 seconds West, 216.26 feet to a point; thence along Lot 55 of Plan, North 65 degrees 48 minutes 00 seconds West, 185.00 feet to a point; thence along Lot 62 of Plan No. 3, North 12 degrees 26 minutes 34 seconds West, 52.48 feet to a point; thence along Lets 27 and 26 or Plan No, 2 of Joseph Manor (recorded in Cumberland County Plan Book 54, Page 64), North 77 degrees 33 minutes 26 seconds East, 197.54 feet to a point; thence along Lot. 53 of Plan No. 3, South 72 degrees 07 minutes 52 seconds East, 272.01 feet to a point on Joseph Drive; thence along Joseph Drive, South 24 degrees 12 minutes 00 seconds West, 150.00 feet to the point and Place of BEGINNING. BEING Lot No. 54 of Phase Number 1 of Plan No. 3 of Joseph Manor. BEING the same premises which Raymond E. Diehl, et ux, by deed dated and to be recorded herewith, granted and conveyed unto Jeffrey P. Gouhin and Michelle L. Gouhin, his wife, Mortgagors herein. LrNDER AND SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to m the afore-described tract of land, recorded or unrecorded. UNDER AND SUBJECT, NEVERTHELESS, to the following building and use restrictions which shall be binding on the within described tract of land only and shall not be deemed binding on other land of the Grantor, with which building and use restrictions the within Grantee, his heirs and assigns, by acceptance of this deed, agree to comply: 1. This tract of land shall be used for residential purposes only. No business (except home occupations), a commercial or industrial uses whatsoever shall be permitted on this tract of land 2. No trailer, mobile home, or similar stmctare may be located on this tract of land tampomrily or permanently, for any use whatsoever. 3. No basement, tent, shack, barn, garage or stmctare of a temporary nature shall be erected on this tract of land and used as a residence either temporarily or permanently. No advertising or display sign (except home occupation sign) shall be erected or maintained on this tract of land other then the customary "For Rent" or 'For Sale" signs when the same pertain to the premises on which they are located. One home occupation sign shall be permitted but shall not be larger than six (6) inches by eighteen (18) iocbes. Nothing shall be done on this tract of lend which may be or become en ennoyence nuisence to the neighborhood. No house shall be constructed on the premises conveyed herein without prior written approval by the Sellers, their heirs, executors, or assigns, as to the location, design, selection of materials end selection of builder. Written approval shall be made within five (5) days of submission of request to Seller. All construction end lendscaping shall be completed within one year of the commencement of such construction. These covenents and restrictions shall mn with the lend and shall be binding on all parties and all persons claiming under them. No animals shall be permitted except dogs, cats, horses or other domestic animals so long as such are not kept for commemial purposes. 10. 11. No single story or bi-level dwelling containing less than 1,400 square feet of finished living space end no two-story residence containing less then 1800 square feet shall be erected on the subject lot (which space shall specifically exclude porches, breeze ways, basements, end garages. All residences must include a 2 car or larger garage. Each lot purchaser shall be solely responsible for maintaining all storm water easements on the subject lot in accordence with the storm water menagement plan approved by South Middlcton Township as further described in the bereinabove mentioned Subdivision and Lend Development Plen for Joseph Menor end shall indemnify Seller from eny liability or obligation to the purchaser end/or South Middleton Township for damage to such storm water improvements occurring after purchase of the said lot. NOW, August ._~, 2001, at the time of and immediately before the execution of the principal contract, and before any authority has been given by the said Owner to the said Contractor to commence work on the said building, or purchase materials for the same in consideration of the making of the said contract with Owner, and the further consideration of One Dollar ($1.00), to Contractor paid by Owner, it is agreed that no lien shall be filed against the building by the contractor, or any subcontractor, nor by any of the material men or workmen or any other person for any labor, or materials purchased, or extra labor or materials purchased for the erection of said building, the right to file such liens being expressly waived. WITNESS o~nd seals the day Sigued, e/~aled~d deli~ in th~ and year aforesaid. JEF~OUI-IlN - O_w~ 'MICI-I'ELL~.~OUH(N - Owner YANEK CUSTOM HOMES, INC. Contr~dtor (SEAL)