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Brian J. Koleno 6 Sharlene L. Koleno
Owner
vs.
Haubert Homea Inc.
Contractor
In the Court of Common Pleas, County of Cumberland
Carlisle . Pennsylvania
Number- 7- 'y77 F Term, 19 /)1kb
WHEREAS, Brian J. Koleno and Sharlene L. Koleno
of 1284 Wandering Way, Harrisburg,
Pennsylvania,
is about to execute contemporaneously herewith, a contract, with Hauber.t Homes, Inc.
of 15 Central Blvd., Camp Hill,
Pennsylvania,
for the erection of a story
building upon a lot of land situate
Lot 67 Fairwinds Phase III, Mechanicsburg, Hampden Township, Cumberland County,
Pennsylvania as described in attached legal description.
NOW. August 6, 1999 , at the time of and immediately before the execution of the prin-
cipal 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 Contractor
and the further
consideration of One Dollar, to Contractor
paid
by Owner , it is agreed that no lien shall be filed against the
building by the contractor, or any sub-contractor. 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 rile such
liens being expressly waived.
WITNESS, our hands and seals the day. and year aforesaid.
HftIJ{ER HO INC.
SIGN D AND SEALED IN THE PRESENCE. OF 7A74 ? ?r.-?1
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ALL THAT CERTAIN tract or parcel of land being situate in Hampden 'T'ownship, Cumberland
County, Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at it point on the northern right-of-way line of Inverness Drive, a 50 fool wide
street, said point being the southwestern corner of Lot No. 66; thcncc along said right-of-way line along
a curve to the Icft having a radius of 175.00 f''ect and an arc length of 76.43 feet, said arc being subtended
by it chord of North 87 degrees 29 minutes 10 seconds West it distance of 75.83 feet to a concrete
monument, said monument being the southeastern corner of Lot No. 68; thence along the eastern line of
said lot North 09 degrees 59 minutes 54 seconds West it distance of 122.70 feet to a point, said point
being on the southern line of land now or formerly of Edgar F. Swartz and Virginia R. Swartz; thence
along the southern line of said lands North 72 degrees 24 minutes 33 seconds East a distance of 149.51
feet to a point, said point being the northwestern corner of Lot No. 66; thence along the western line of
said lot South 15 degrees 01 minutes 34 seconds West it distance of 175.34 feet to it point, the place of
BEGINNING.
CONTAINING 15,370.58 square 1'ect or 0.3529 acres.
BEING Lot No. 67 as shown on the Final Subdivision Plan of Fairwinds, Phase 111, recorded
in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 78, Page 90.
UNDER AND SUBJECT, NEVERTHELESS, to all casements, restrictions, encumbrances and
other matters of record or that which a physical inspection or survey of the premises would reveal.
ALSO UNDER AND SUBJECT to Declaration of Covenants and Restrictions applicable to
Fairwinds Residential Development, 1-Tampclen 'T'ownship, Cumberland County, Pennsylvania, dated
December 9, 1996, recorded in the Off ice of the Recorder of Deeds of Cumberland County in Misc. Book
536, Page 603.
FURTHER, UNDER AND SUBJECT to First Supplemental Declaration of Covenants and
Restrictions applicable to Fairwinds Residential Development, l-lampden Township, Cumberland County,
Pennsylvania, dated April 8, 1999, recorded in the Office of the Recorder of Deeds of Cumberland
County in Misc. Book 610, Page 983, which imposes certain obligations upon the lots shown on the
above-referenced Final - Phase III Plat. including but not limited to, the obligation of the owner of the
above-referenced lot to perform, or cause to be perl'ormed, all mowing, surface stabilization, and removal
of debris within the drainage casement across a portion of the above-referenced lot as shown
on said Final Plat; and specifically subject to a restriction that no building shed, fence, swimming pool
or other structure shall be erected within the said drainage casement, that the grade within the drainage
easement shall not be disturbed and no condition be created, or permitted to exist, which would impede
the drainage of water through such drainage casement.
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