HomeMy WebLinkAbout04-4411(21C>iL
PROMISSORY JUDGMENT NOTE
November 30, 1998
$425,000.00
FOR VALUE RECEIVED, CALABRESE & SONS, INC., a Pennsylvania
business corporation having its principal offices at 406 Brandy Lane, Mechanicsburg,
Cumberland County, Pennsylvania, ("Maker"), promises to pay to VIRGINIA
CALABRESE, adult individual, or her assignee, at Mechanicsburg, Pennsylvania,
("Payee"), or at such place as the holder hereof may from time to time designate, in
writing, the sum of FOUR HUNDRED TWENTY-FIVE THOUSAND ($425,000.00)
Dollars, which shall be paid on demand, together with simple interest at the rate of six
percent (6%).
Maker shall have the right to prepay the indebtedness evidenced hereby,
in whole or in part, from time to time, without penalty.
Principal and interest computed and payable as herein provided shall be
payable without relief from valuation or appraisement laws, and with attorney's fees,
costs and expenses of collection, in the event that this Note is referred to an attorney for
enforcement or collection.
This Note shall, at the option of the holder hereof, become immediately due
and payable, including any interest due thereunder, upon Maker's failure to pay any sum
provided for herein when due, or upon the happening of any of the following events
affecting the Maker: (i) Voluntary or involuntary filing of a petition in bankruptcy or
reorganization; (ii) execution of an assignment for the benefit of creditors; (iii)
liquidation, or the appointment of a liquidating agent or committee for the Maker; or (iv)
the appointment of a receiver by a court of competent jurisdiction, which appointment
shall not have been vacated within a period of thirty (30) days after the appointment of
such receiver.
No delay on the part of the Payee or holder thereof in exercising any right
hereunder shall operate as a waiver or preclude the exercise of such right at any time
during the continuance of any such default.
The holder hereof may, at her option, make extensions of the time for
payment of the indebtedness, or any part thereof, or reduce payments thereon, and
Maker consents and agrees to any such extensions or reductions, all without notice, and
agrees that any such action by the holder of this Note shall not relieve it from liability
hereunder. Maker hereby waives presentment for payment, notice of dishonor, protest,
notice of protest, notice of nonpayment of this Note and diligence in collection thereof.
The construction, interpretation and enforcement of this Note shall be governed by the
laws of the Commonwealth of Pennsylvania.
Maker hereby authorizes and empowers any Prothonotary or Clerk or any
Attorney of any Court of Record, including specifically, but not limited to, any Court of
Common Pleas of the Commonwealth of Pennsylvania, to appear for and to confess or
enter judgment against the Maker, at any one or more times, upon default, for all sums
due or to become due hereunder, together with ten (10%) percent thereof added for
attorney's collection fees, and with costs of suit, release of all errors, waiver of appeals,
without stay of execution, and the undersigned waives inquisition and extension upon
any levy on any real estate, hereby voluntarily condemns the same and authorizes the
entry upon the writ of execution of such voluntary condemnation, and agrees that such
real estate may be sold on a writ of execution, hereby waiving and releasing all relief
from any and all appraisement, stay of exemption laws now in force or hereafter enacted.
-2-
This Note shall bind the Maker, its, successors and assigns, and the benefit
hereto shall inure to the Payee, her heirs, personal representatives, successors and
assigns.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the
undersigned have set their hands and seals the date and year first-above written on
behalf of Calabrese & Sons, Inc.
ATTEST:
CALABRESE & SONS, INC.
By: Asst.) Secretary
( e President
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ( lZ / ll
On this, the A? day of ldml'ttiV 1899 beore?e, a Notary
Public, the undersigned officer, personally appearedJOsPfl A--y C- d W ??'`t3Z-' , who
acknowledged himself to be the President of CALABRESE & SONS, INC., a
corporation, and that he, as such President, being authorized to do so, executed the
foregoing instrument for the purpose therein contained by signing the name of the
corporation by himself as President.
IN WITNESS WHEREOF, I hereunto set my hand and n arial seal.
NC_ 1t l 4
Sharon R Fir ; t ,;.ry Pudic 1i
r? yco ?i, onEx ;asN v.19 2061 II Notary Public
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VIRGINIA L. CALABRESE, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff NO. 2004-04411
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.
submitted,
By:
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 J day okehand-delivered 2006, I hereby verify that I have caused a
true and correct copy of the foregoing Praecipe to to:
David A. Fitzsimons, Esquire
10 East High Street
Carlisle, PA 17013
Monica D ercher
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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VIRGINIA L. CALABRESE, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2004-04411
CALABRESE & SONS, INC., : $425,000.00
Defendant : 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 Born 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.
N6OWWT?THEREFORE,
pVIRGINIA L. CALABRESE, Plaintiff in the above Judgment, does appear and acknowledge that she
has this day received from CALABRESE & SONS, INC., the Defendant in the above Judgment, PARTIAL
payment_ 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 ? of
June, 2006.
(,J-PrkICSS
ST:
C
Virg' a L. CaI brese
RHOADS & SINoN LLP
B
4.M oles, squire
Supreme Court ID #87398
One South Market Square
Post Office Box 1146
Harrisburg, PA 17108-1146
1:\wpwin\ClientS\RSR Misc\CalabreseJUDGMENT RELEASE.S425,000.00.doc
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF ?UM )
BE IT REMEMBERED, that on June 29 006, 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} lic
!ACTH OF PENNSYLVANIA
NVAU Ssel
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as a ftfto , ofuoNn Count
CortvniNbn E>fptw Apr. 26, IIo10
MnnWr, Ponn0vanis AoeooWlon of Nolnla
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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 0- day of j a^ &4 ' 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
I----
Monica D ercher
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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VIRGINIA CALABRESE,
Plaintiff
VS.
CALABRESE & SONS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
No. 4411 CIVIL 2004
CIVIL ACTION -LAW
In relation to the above referenced Judgment, for value received, the undemgned, with the
legal authority to do so, hereby releases from the lien, effort and operation of the above judgment:
ALL THAT CERTAIN had of land ]mown 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 Pawl No. 10-22-0521-015. Provided,
however, that nothing be= 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 parent to an Order of the Court of Common
Pleas of Cumberland County, Peamsylvan* dated August 28, 2007 indexed to No. 3940 CIVIL
2004.
Witness my hand and seal this T? day of A 44e-2007.
Date: irgirria
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 T=a Engineering, Inc., dated November 16, 2005, and recorded
in G`nmberland County, Pennsylvania Plan Book,92, Page 44, as follows:
BEGMING at an iron pin found on the dedicated right-of-wayline ofBrandy Lane
(50' mw) at the northwestern comer of land no-w 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 kSrees 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 Y2" 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 on 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 ironpin 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.
BEING New Lot 1 on the Calabrese & Sons, Inc., Preliminary/Final Subdivision/Lot
Consolidation Plan containing 14.953 acres.
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