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HomeMy WebLinkAbout02-5947 3UDGMENT NOTE & INDEMNIFICATION AGREEMENT Carlisle, Pennsylvania dg~-- ~-~9'7a December 12, 2002 $19,000.00 FOR VALUE RECEIVED, and in return for certification of title by John H. Broujos (Obligee) of premises (premises) owned by Frederick A. and S uzanne Marie Thaler (Obligors), of 3576 Ritner Highway., Newville, PA 17241, which premises are identified in Exhibit A attached hereto, located m North Middleton Township, Cumberland County, consisting of two acres a one perch at 1460-1462 Newville Road, Car/is/e, PA; THE UNDERSIGNED Obligors, individually, solely, and jointly agree to pay to the order of Obligee the sum of Nineteen Thousand Dollars ($19,000) and any and al/costs, expenses, fees including attorney's fees, and obligations for which he is or may be liable occurring as a result of any claims, causes of ac!ion., suits or litigation of and by anyperson or ove at mat Obligee .money owed, damages, m&rect or consequential, including le al fi 'g mmental agency for ~s.c.ompelled to pay such sums as a result of ...... g ecs, m the eve .... arising out of the two unsatisfied mortgages (mortgages), specifically (1) M. J. Neely and James any tree certification or defect in title to premises E. Neely to First National Bank of Mt. Holly Springs dated and recorded March 27, 1962, in Mortgage Book 462 Page 553 for $8,000, and (2) M. J. Neely and James E. Neely to National Bank of Mt. Holly Sprin s d . Book 439 Page 1013 for$11 0 'g a_ted July 3, 1962 and recorded j . First Carlisle, Pennsylvania. , 00 m thc Recorder of Deeds offi,-,~ :- ,~uly. 21, 1962 m Mortaaee ---~ m t~umberland County, v ~ Obligors agree to notify Obligee of any correspondence, notice, or information concerning the m. ortgages, their status and/or satisfaction, and to cooperate p~eces. They agree further to participate in the recording of any satisfaction in the filing of any action and proceedings for compelling satisfaction of the mortgages in accordance with Pennsylvania Law (21 P.S. §681- 682) and any other law or procedure relating thereto. UPON FAILURE to make payment i note shall, at the option of Obligee, ben full upon demand, in accordance with this agreement, this without demand or notice, in default and shall become immediately due and payable, In the event of violation of the covenants herein, Obligors do hereby authorize and empower the Prothonotary or any attorney of any Court of Record in Pennsylvania or elsewhere, to appear for and confess judgment for any sums due and payable hereon, with or without declaration, with costs of suit, release of errors, without declaration, with costs of suit, release of errors, without stay of execution; with 10% added for attorney's fees; and also waive the right of inquisition on any real estate that may be levied upon to collect this not; and do hereby voluntarily condemn the same and authorize the Prothonotary to enter said voluntary condemnation upon any Fieri Facias that may be issued to collect said judgment; and further agree that said estate may be sold on a Fieri Facias, and do hereby waive and release al/relief from execution, exemption or bankruptcy laws of this any and all appraisement, stay of passed. or any other state nor in force of hereafter to be Obligors further agree to release, indemnify, save, and hold harmless Obligee from any and all claims, causes of action, suits or litigation of and by any person or governmental agency for money owed, damages, indirect or consequential, including legal fees, arising out of the certification of title to premises subject to the two unsatisfied mortgages, and failure of Obligors to comply with the agreement set forth in this document. Obligee enters into this agreement in his own right and not as a principal in the law firm of Broujos & Gilroy, PC. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS OBLIGOR Frederick A. Thaler SEAL ~L~GOR ' ~-t~zan~ Marie Thae~ · {~hn H)Broujos ~) East I hereby certify that the precise residence of the Judah thishdgment is 78 Ridge Street, Carlisle, PA 17013. i~'X, ~ JOHN H. BROUJOS, Plaintiff Vs. FREDERICK A. THALER and SUZANNE MARIE THALER, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- : : CIVIL ACTION To: Defendants You are hereby notified that on December 12, 2002 the attached Judgment Note has been entered against you in the above-captioned matter. Date: Prothonotary I hereby certify that the names and address of the proper persons to receive this notice are: Frederick A. Thaler and Suzanne Marie Thale~x, 3576 Ritner Highway, Newville, PA 17241~',~ (~~~/,~ ~.o~. BroUjos, Esquir8 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with building erected thereon, in North Middleton Township, more particularly bounded and described as follows: BEGINNING at a spike in the center of the Newville Road (State Highway #641) at comer of land now or formerly of Paul W. Snyder; thence along the center of the said road, North 77 degrees 18 minutes West 211.1 feet to a spike at comer of land now or formerly of Charles M. Williams; thence along the same, South 00 degrees 35 minutes West 426.6 feet to a stake at land now or formerly of Pennsylvania Railroad Company; thence along the same, South 88 degrees 21 minutes East 231.6 feet to a point at land now or formerly of Paul W. Snyder; thence along the same, North 03 degrees 12 minutes West 381.6 feet to a spike in the center of the said State Road, to the place of BEGINNING. CONTAINING 2 acres and 1 perch.