HomeMy WebLinkAbout04-4409DY!- qqO( (_.lvcL?f?itr?.?
Promisors: Calabrese and Sons, Incorporated
and Joseph A. Calabrese
Amount: $100,000.00
Date: November /91998
DEMAND NOTE
INTENDING TO BE LEGALLY BOUND AND FOR VALUE RECEIVED,
Calabrese and Sons, Incorporated, a Pennsylvania business corporation and Joseph A.
Calabrese, adult individual, the Undersigned, jointly and severally, promise to pay to
the order of Virginia Calabrese, of 418 E. Elmwood Avenue, Mechanicsburg, PA 17055
UPON DEMAND, the sum of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS,
together with interest thereon from the above-written date at the rate of Six (6%)
percent, per annum, compounded monthly. Payments shall be applied first on account
of interest and next on account of principal.
And further, to secure payment, the Undersigned hereby irrevocably authorize
and empower any prothonotary, clerk, or attorney of any court of record within the
United States, or elsewhere, to appear for the Undersigned, and with or without
defalcation, to confess judgment therein at any time or times against each, any, or all of
the Undersigned and in favor of the holder hereof for the amount which from the face
hereof may appear to be due, including accrued interest, plus ten (10%) percent of such
principal and interest as an attorney's commission for collection and costs of suit. The
Undersigned hereby release all errors and expressly waive all rights to any stay of
execution, sequestration of rents, appeal, and any exemption of any property from levy
and sale on execution under any law or rule of court now in force or hereafter enacted.
The Undersigned and all endorsers severally waive demand, presentment, notice
of dishonor, diligence in collection, and notice of protest and agree to all extensions and
partial payments before or after maturity without prejudice to the holder. No single
exercise of the foregoing warrant and power to confess judgment shall be deemed to
exhaust the power, whether or not any such exercise shall be held by any court to be
invalid, voidable, or void, but the power shall continue undiminished and may be
exercised from time to time as often as the holder thereof shall elect until all sums
payable or that may become payable hereunder by the Undersigned have been paid in
full. Waiver of any default shall not constitute waiver of any subsequent default.
This obligation shall bind the Undersigned and any guarantors, sureties, and
endorsers and their heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the Promisors have executed this Note this day
of November, 1998.
ATTEST: CALABRESE AND SONS, INCORPORATED
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By:?',??, C%? o v f?
(Asst.) Secretary ice) President
(SEAL)
e?-. (SEAL)
Witness eph A. Calabrese
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VIRGINIA L. CALABRESE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff NO. 2004-04409
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,
By: <
I-3eWM. Cdle`s; Esquire
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
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Certificate of Service
AND NOW, this 7 day of 1 WL 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. Z rcher
Reager & I ter, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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' .JAAVP%m\('limtslRSR Mis \CalabmNJUDGMENT RELEASE.S100,000.00.doc
VIRGINIA L. CALABRESE,
V.
CALABRESE & SONS, INC. and
JOSEPH A. CALABRESE,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004-04409
$100,000.00
JUDGMENT IN FAVOR OF PLAINTIFF
JUDGMENT RELEASE
WHEREAS, Plaintiff entered a judgment against Defendant on August 31, 2004, 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 CALABRESE & SONS, INC. and JOSEPH A. CALABRESE, the Defendants in
the above Judgment, PARTIAL payment a sais€asf3ez Of 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.
tJZ'f AI ESS
AT,TX3T:
Plaintiff
Defendants
C
it ' is L. C brese
LLP
By:
Court ID #87398
One South Market Square
Post Office Box 1146
Harrisburg, PA 17108-1146
.h: wpwin`.Clients\RSR Misc\Calabrese.)UDGMENT RELEASE3100,000.00.doe
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF &",6" 144g5(--
BE )
IT REMEMBERED, that on June Z3 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Not ry P is
t!AI,TH OF PENNSYLVANIA
Notarial SOW
Naha. S&Vhul, Notary PUbk
CV Of HWd@W , Dnlp+h County
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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 1?_ day of 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
M?
Monica D. Z cher
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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VIRGINIA CALABRESE, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
No. 4409 CIVIL 2004
CALABRESE & SONS, INC. and
JOSEPH A. CALABRESE,
Defendants CIVIL ACTION -LAW
In relation to the above referenced Judgment, for value received, the undersigned, with the
legal authority to do so, hereby releases 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 Meehanicabzng, County of Cumberland and
Commonwealth of Pennsylvania, known as Tax Parcel No. 10-22-0521-015. Provided,
however, that nothing heron contained shall affect such Judgment or the lien thereof or its legal
validity upon or against any other property of Defendants or either of them in Cumberland County,
Pennsylvania or elsewhere.
This Judgement Release is being executed pursuant to an Order of the Court of Common
Pleas of Cumberland Comity, Pennsylvania, dated August 28, 2007 indexed to No. 3940 CIVIL
2004.
Witness my hand and seal this, day ofuSf ?f*?&-2007.
Date: irginia C?rese
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 Book,92, Page 44, as follows:
BEGINNING at an iroupin found on the dedicatedright-of-way line ofBrandyLant
(50' row) at the northwestern comer of land now or formerly of Mary 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 ion pin found; thence along said land of Shipman, an
unopened street, and land now or formerly of Stephen F. & Laura. E. Siukonis, North
38 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 l" 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 an 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 iroupin found; and (3) South 37 degrees 05 minutes 01 second West 66.58 feet
to au 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.
BEING New Lot 1 on the Calabrese & Sons, Inc., Preliminary/Final Subdivision/Lot
Consolidation Plane containing 14.953 acres.
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