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Home My WebLink About01-03296 'IJ , ~ "'~., "',"'~. , /.. ,'""'~ _,~---, .'."r"'-"" ,'-, _ -.-1--., =. -",,,"<,,uc l' i__'; 0~,'~'~""; ",' ;-:;:,':;~,:~':':".--:" ;,.;::'_,~;{,~~,C ';; ;""', '" ...., , Ol-..?~b CluJ'-r~ t DEMAND JUDGMENT NOTE Date: pO-i1I.L~ I!.; 2001 $61,000.00 JOSEPH A. CALABRESE, adult individual residing in Hampden Township, Cumberland County, Pennsylvania, and CALABRESE AND SONS, INCORPORATED, a Pennsylvania Business Corporation, having its principal place of business at 406 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania, jointly and severally promise to pay to VIRGINIA L. CALABRESE, at 418 E. Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, or such other address as she shall specify, the principal sum of SIXTY-ONE THOUSAND ($61,000.00) DOLLARS, at the rate of six (6%) percent per annum, from date hereof until paid, which sum shall be due and payable on demand. Said payment shall be made in lawful money of the United States of America and shall be applied first to interest then due and the remainder to principal. JOSEPH A. CALABRESE and/or CALABRESE AND SONS, INCORPORATED shall have the right to prepay this Note, in whole or in part, from time to time, without penalty. JOSEPH A. CALABRESE and CALABRESE AND SONS, INCORPORATED do further hereby authorize and empower any attorney-at-law, Clerk of Court or Prothonotary of any Court of Record of Pennsylvania, or elsewhere, to appear for and to confess judgment against him/it for the full amount of the above sum, in favor of the holder hereof, together with interest and fifteen percent (15%) of any moneys unpaid hereon for collection expenses and attorneys' fees, after declaration filed, with costs of suit, release of errors, without stay of execution and waive the right of inquisition on any real estate that may be levied upon under such judgment and JOSEPH A. CALABRESE and CALABRESE AND SONS, INCORPORATED do hereby voluntarily condemn the same, and authorize the Prothonotary or Clerk of any Court to enter upon any Writ of "-,, '~'" I,'~" <'" "",_''- ,- ,',' '", '"' _''.-- ~ ,-' ' ~"_,.;,,,-,< . ~--" I~' '~;"~' '~""[.",";b/;"'-)--ii,,,,\,.'.-: ~. . i Execution said condemnation, and Joseph Calabrese and Corporation further agree that said real estate may be sold upon a Writ of Execution, and he/it hereby waive and release all relief from any and all appraisement, stay or exemption laws of any State, now in force or hereafter to be passed. This Note shall bind JOSEPH A. CALABRESE and CALABRESE AND SONS, INCORPORATED, jointly and severally, their heirs, successors and assigns, and the benefit hereto shall inure to VIRGINIA L. CALABRESE, her heirs, personal representatives, successors and assigns. Joseph Calabrese, individually, and the authorized representatives of Corporation have read and reviewed the contents of this Note, understand the provisions hereof, are aware that the Note authorizes the entry of ajudgment against the individual and/or the Corporation for the principal amount together with accumulated interest at the rate of six (6%) percent per annum, and a fifteen percent (15%) attorneys' collection fee, and Joseph Calabrese and Corporation's authorized officers have signed this Note voluntarily and with the intent to legally bind himself and Corporation. IN WITNESS WHEREOF, JOSEPH A. CALABRESE, individually, and the officers of CALABRESE AND SONS, INCORPORATED, by and on behalf of said Corporation, have set their hands and seals this fSrfiYciay of f (U1 t(~.. 2001. ATTEST: CALABRESE AND SONS, INCORPORATED ~~. (Asst.) Secretary BY:~ C( ~. ~Presldent ~C~ .(95SEPH A.CALABRESE fUcc9P~' Witness " ,," ~"." -e"-"'~ ",' ~ ,;-,'", 0- 0..'._ ---' .' "<' '~, I, <.'" '- ~--d","~''',,; ,,;,' - _,~ :"~__,_",__",, ~", '<:',j.;S'.o"\""';--_';""<" ,-,~;,;:,;,~-;'i"c ':'.'-:_" ~,,; - ' ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 17L ,J' COUNTY OF ~ : SS. On this, the 16- day of Fa ,2001, before me, a Notary Public, the undersigned officer, personally appeared JOSEPH A. CALABRESE, known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) ~"~,~ Not PublIc My Commission Expires: Notarial Seal Unda J. Olsen, NotaJy Public MyS~ueh!l"~a TIYp., Dauphin County CommISSIOn EXpires Sept. 13, 2004 Member, Pennsylvania ASSociation of Notaries . ~ , ~'" .;, ,--1- -.-., """",,..: _..~;,.,;, "-. - " ;; ,',,;.; ",; ",,,"~;. :{",: "'0 ,-;-- '",T~',i:.},x,,"-__-',,:~}' , " ~~ ..' ~ COMMONWEALTH OF PENNSYLVANIA COUNTYOF ~ : SS. On this, the ~ day of ~, 2001, before me the subscriber personally appeared JOSEPH A. C.ii.ABRES~, who acknowledged himself to be President of CALABRESE AND SONS INCORPORATED, a Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. WITNESS my hand and seal the day and year aforesaid. (SEAL) ~~l~ My Commission Expires: Notarial Seal Linda J. Olsen, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Sept. 13. 2004 Member, Pennsylvania Association of Notaries :251077 _1 " ""'~j'~'';;'ili!iil~l:r ' '---.....(;,:""'.~~s J,-,'i'"'i''''~~ ~~~l~ 85 k/f' ,~"=~.~,,~-~ .n'..'" ...."*_~I.. '~&~ _A~'1!1i( tfh F 3 !If' ( ...... ....... Jv ,\) ~ CV' <Q. (J - \l <: d 6' -u -0 ~ ~ tv ""t r- f r r ,~:;""" " -Oc: n} l',~ '(/2 ~, r;: t~~ :~,.--.. ,~:-. '- ;t:.F.: 2~ -"-1 -<. .. . ..'., Q '-.~. \~" {,,) C:" ~'-0 :.') ~~i' 5j -< ~Ji ..~ .. " '~~"'~t: . ~ I .. VIRGINIA L. CALABRESE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.-%e&t-03296 ).oo( v. JOSEPH A. CALABRESE and CALABRESE & SONS, INC. Defendants PRAECIPE TO THE PROTHONOTARY: Please enter my appearance On behalf of the Plaintiff, Virginia L. Calabrese, in the above-referenced matter. Respectfully submitted, o M. oles, quire upreme Court ill #87398 RHOADS & SINON LLP One South Market Square Post Office Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 Date: Julv 26. 2006 ~"~ " <<.>< """<it" i '" Certificate of Service AND NOW, this ~ day oli-{JH~ ,2006, I hereby verify that I have caused a true and correct copy ofthe foregoing Praecipe to be hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, P A 17013 M,"i~D~ Reager & Adler, P.C. 2331 Market Street Camp Hill, P A 17011 . (717) 763-1383 ~ ~~~~.~!",~~S;i:l:il1tjM,'8~~j;ali~""~$.:-*!ii\'f.&",4""'j-1B<,-,)}j-t-l'i,"j.:!';,~;;,<,,,,-w.1!J<!~'f'&,f"~dij\:!'@,~iiijffiii!r'~1l~ilM~~~\~~'V""-"'''_JIi:iIllil.rii!kli:l r {# ~ "',"'~,~ -,'- <" _~,,,'.O,,,,,~, q~"" " ..,. 'n . - ;,: . ~.'-~\ " . 0 ,..., = 0 c ,~ .,.., ~'::': d" en -I r: Pi ':-n -0 n.r- , -nfT1 -,'] V UI ~~~~l , "'D ~:~t~ r 3: " N OJn 1.-- ~Z '-I );---- '-"i Xl -<. -;: ~ . *~<~"",-_. ~ ~ , ,,~, -" - ~', "k ; . " , J:\wp'V.rin\Clients\RSR Misc\Calabrese.JUDGMENT RELEASE.$61 ,OOO.OO.doc VIRGINIA L. CALABRESE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2001-03296 JOSEPH A. CALABRESE and CALABRESE & SONS, INC., Defendants : $61,000.00 : JUDGMENT IN FAVOR OF PLAINTIFF JUDGMENT RELEASE WHEREAS, Plaintiff entered a judgment against Defendant On May 30, 2001, to the docket number as referenced above; and WHEREAS, the Defendant is the owner of a certain parcel of land located in Mechanicsburg Boro and Hampden Township, Cumberland County, Permsylvania more commonly known as 406 Brandy Lane; and WHEREAS, on April 2, 2006 Defendant filed a Preliminary/Final Subdivision Lot Consolidation Plan to Cumberland County Plan Book 92 Page 44 subdividing what was commonly known as 406 Brandy Lane into two separate lots shown on said Plan as New Lot 1 and New Lot 2; and WHEREAS, in consideration of the Defendant partially satisfying the above-referenced judgment, Plaintiff has agreed to release the New Lot 2, as more fully described On Exhibit A attached hereto, from the lien and operation of the above-referenced judgment. NOW THEREFORE, VIRGINIA L. CALABRESE, Plaintiff~ ~bove Judgment, does appear and acknowledge that she has this day received from JOSEPH A. CALABRESE and CALABRESE & SONS, INC., the Defendants in the above Judgment, PARTIAL payment aRa B_!fft~5JOfthe same, with interest and costs, and desires that this Judgment Release be entered upon the records thereof only as it effects the New Lot 2. New Lot 2 is hereby released from the lien, operation and effect of the said judgment. This Judgment shall, until satisfied of record, remain in full force and effect against the New Lot 1. And further, it does hereby authorize and empower the Prothonotary of said Court to appear for it and in its name and stead to enter the Judgment Release upon the record of said Judgment, as fully and effectually, to all intents and purposes as it could, were it present to do so. And for so doing this shall be your sufficient warrant of authority. IN WITNESS WHEREOF, the Plaintiff has caused these presents to be signed this June, 2006. W-;L1': N~S'S'. ~: {byuA e~ ,v;L 20 day of ~~ :/ Cdt~ Virgi ia t.~abrese , ',,",,-..' ~;' -' ~', ." J . Coles, Es Ire Su reme Court ill #87398 One South Market Square Post Office Box 1146 Harrisburg, P A 17108-1146 . -, -, ~~''';':;' - '" ''''-'''':"'', ",",,'lIO -, ~. ....." ~"~ I ' ~, ~'.'~' 7. ,~ o. '-!.' ,~ ,;", :;'.i " , J :\Wpwin\Clients\RSR Misc\Calabrese.JUDGMENT RE-LEASE.$61 ,OOO.OO.doc COMMONWEALTH OF PENNSYLVANIA ) : SS. ) BE IT REMEMBERED, that on June Z 8 ~ 2006, before me, a Notary Public, the undersigned officer, personally appeared Virginia L. Calabrese known to me or satisfactorily proven to be the person who signed the foregoing document for the purposes therein contained. COUNTYOFtuw~ IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Naina J. Sanghvi, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Apr. 25, 2010 Member, Pennsylvania Association of Notaries '" -''"'''--~,-,j ~ , ....', . . . " EXHIBIT A ALL THAT CERTAIN piece or parcel of land, situate, lying and being in Mechanicsburg Borough, Cumberland County shown as New Lot 2 on the Calabrese & Sons, Inc. Preliminary/Final Subdivision/Lot Consolidation Plan Recorded April 3, 2006 in the Cumberland County Recorder of Deeds Office in Plan Book 92 Page 44 to wit: BEGINNING at a point on the southern side of Brandy Lane at a 5/8 inch rebar with cap thence South 27 degrees 04 minutes 00 seconds East a distance of 376.89 feet to a point thence North 37 degrees 14 minutes 52 seconds East a distance of 509.19 feet to a point thence North 37 degrees 05 minutes 01 seconds East a distance of 66.58 feet to a point thence South 42 degrees 05 minutes 07 seconds East a distance of 179.93 feet to a point thence South 24 degrees 27 minutes 41 seconds East a distance of 490.52 feet to a point thence South 65 degrees 27 minutes 00 seconds West a distance of 593.70 feet to a point thence North 27 degrees 04 minutes 00 seconds West a distance of 744"09 feet to a point thence North 40 degrees 20 minutes 30 seconds East a distance of 54.16 feet to a point and place of BEGINNING. - . -- , 'li~'"~' , ~~~, "_~"i . , Certificate of Service AND NOW, this ~ay Of~AM/~ 2006, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U.S. Mail, first class, postage prepaid and addressed as follows: JohnM. Coles, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 and hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, P A 17013 Monica D. Zercher Reager & dler, P.C. 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 ~~~lfl:i1~f!\~j6lillft~~~%"'!'t;:i",i~!"'''ii'-'Jili.'1'k'';'',%\;!$,,.)!ij"";;~-"l,",,:i€,~*^!'~~~!'k;H(':N~,;;,Hl~_~tl~~~"-1J"";' ~~Jliii"lf1 l.i.ltil t "r- ~-- ''< '';''';UJl!ir.Bi!ilil1'll1!tif&1l~MIil~ "~~\;."'jlil!illti~11fMlllW :~ .1,; , > C' I'-' ., c::.> 0 ~ ~ f= C;;J "Tl "n R ,--, (I) .-1 t \'\ ,.'l .. ~ ~0 m~ ~ -om ~ I ~J~ ~ Ul - ~ " "\l -0 Y P r- ~ ;~??Q c ,,~, ~~~ ~ 6f:ii \N ~ N ~ ,,:::, ..-1 ..() )> '\-> ::< :XI ""'{ "\ ,~ -< t' 3- l l' ~ ~ t- ~ ~ ~ ".\e. ~ "'-:s. ~~ "", ~ =''''''>~~, -.. ~ <~ ~,," ..,