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HomeMy WebLinkAbout01-329601-.3.m Ci C` DEMAND JUDGMENT NOTE Date: ?&faeut I- S', 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 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 a judgment 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 / Sday of ' , 2001. ATTEST: (Asst.) secretary Witness CALABRESE AND SONS, INCORPORATED By: ( 6-? 4V4ee,), President SEPH &CALABRESE ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the day of 1 t4A4 , 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) ' NotaNf Public My Commission Expires: Notarhd undo J. Oben, No?taq Public Sup ohmm lkp., Dauphin Coun(?yy My Connkslon Expires Sept. 73, IASrsbar, Par nsybaola Assoaabm of Notaries COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF &,VL, On this, the Is day of , 2001, before me the subscriber personally appeared JOSEPH A. C RES , 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) Notdky Public My Commission Expires: Noterw seal unda J. Olsen, Noterpy. PWIc r?ty 4 My Cow mission Expires Sept ft l %4 Member, Penneykada Aseodeeoo a Nolarba :251077 I ?ICA ar J 4 r, _ :;: a VIRGINIA L. CALABRESE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff NO.-296403296 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, Supreme Court ID #87398 RHOADS & SINoN LLP One South Market Square Post Office Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Date: July 26, 2006 It Certificate of Service AND NOW, this 124 day o&, 2006, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 Monica D. Zercher Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 ? -a C ? ? GO ? ?, " nr % -,m ? G C.71 , ,? Lz ? :?' 7T '_ sv -T v ? r .s J:\wpwin\Climts\RSR Misc\Calabrese.JUDGMENT RELEASE.$61,000.00.doc VIRGINIA L. CALABRESE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH A. CALABRESE and CALABRESE & SONS, INC., Defendants : NO. 2001-03296 :$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, Pennsylvania 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 in The above 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 and4olisfee4f the 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 23 day of June, 2006. .NESS A Virg' is L. C abrese LLP Suyreme Court ID #87398 One South Market Square Post Office Box 1146 Harrisburg, PA 17108-1146 4 11 J:\wpw MClims\RSR Misc\Calabrese.NDGMENT RELEASE361,000.00.doc COMMONWEALTH OF PENNSYLVANIA ??rr?? : SS. COUNTY OF e, 40h t BE IT REMEMBERED, that on June 7?-W2006, 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 61t: Not ry P lic PALYH OF PENNSYLVANIA ? HarS , Dauphh? MY OorrcniS Apr. U Mil nbar, Panntylvanls Aemuflon of NOM40 t 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. Certificate of Service AND NOW, this _eday of.GA t 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: John M. Coles, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 and hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 4; Monica D. Zercher Reager & Adler, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 CCt 04 C'3 yii L'7 ?? r tn. C1 W .? N tl? cn ire cn YV W W 3 r? r! C7 VIROU41A L. CALABRESE, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 3296 CIVIL 2001 JOSEPH A. CALABRESE and CALABRESE dt SONS, INC., Defendant CIVIL. ACTION -LAW In relation to the above referenced Judgment, for value received, the undersigned, with the legal authority to do so, hereby releasea from the lien, effect and operation of the above judgment: ALL THAT CERTAIN tract of land known as Lot No. 1, Brandy Lane, partly in the Township of Hampden and partly in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, known as Tax Parcel No. 10-22-0521-015. Provided, however, that nothing herein contained shall affect such Judgment or the lien thereof or its legal validity upon or against any other property of Defendant in Cumberland County, Pennsylvania or elsewhere. This Judgement Release is being executed pursuant to an Order of the Court of Common Pleas of Cumberland County, Pennsylvania, dated August 28, 2007 indexed to No. 3940 CIVIL 2004. Witness my hand mod seal this r day of 2007. r r 0111 00 Date: ugtma L. .. . ALL THAT CERTAIN tract of land with improvements thereon erected situate partly in Hampden Township and partly in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described according to the Calabrese & Sons, Inc., Preliminary/Final Subdivision/Lot Consolidation Plan prepared by Penn Terra Engineering, Inc., dated November 16, 2005, and recorded in Cumberland County, Pennsylvania Plan BookA Page 44, as follows: BEGINNING at an iron pin found on the dedicated right-of-way line of Brandy Lane (50, row) at the northwestern corner of land now or formerly of May Frances & Floyd E. Weaver, thence along said land of Weaver and land now or formerly of William L, Jr. And Deborah S. Shipman, South 50 degrees 34 minutes 52 seconds East 244.48 feet to an iron pin found; thence along said land of Shipman, an unopened street, and land now or formerly of Stephen F. & Laura E. Sinkonis, North 3 8 degrees 35 minutes 08 seconds East 435.00 feet to an iron pin found; thence along an unopened street, land now or formerly of Roy E. & Carol P. Mason, Bay Street (private), and land now or formerly of Jeffrey T. & Lorraine R. Fleming, North 38 degrees, 40 minutes 48 seconds East 332.11 feet to a V2" pipe found; thence along land now or formerly of the United States of America, South 31 degrees 45 minutes 01 second East 1,080.42 feet to a 1" pipe filled with concrete; thence along same, South 65 degrees 41 minutes 40 seconds West 658.31 feet to an iron pin found; thence along New Lot 2 as set forth ou the above-referenced Plan the following three courses and distances: (1) North 24 degrees 27 minutes 41 seconds West 490.52 feet to an iron pin found; (2) North 42 degrees 05 minutes 07 seconds West 179.93 feet to an iron pin found; and (3) South 37 degrees 05 minutes 01 second West 66.58 feet to an iron pin found; thence along land now or formerly of Michael S. Nailor, North 50 degrees 34 minutes 52 seconds West 325.26 feet to an iron pin found; thence along said Brandy Lane, North 38 degrees 53 minutes 34 seconds East 55.03 feet to an iron pin found, the point and place of Beginning. BE NGc New Lot 1 on the Calabrese & Sons, Inc., PreliminarlOinal SubdivisionUt Consolidation Plan containing 14.953 acres. ??`? ? ? $ ?.. :? n ?? ?? ? ??