The URL can be used to link to this page

Home My WebLink About06-1270 . -.. Db - /),76 C;u:L ';~J $55,000.00 March 2, 2006 NOTE Yanek Custom Homes, Inc. ("Borrower"), of Boiling Springs, Cumberland County, Pennsylvania, hereby promises to pay to Raymond E. Diehl and Genevieve A. Diehl, husband and wife, and Donald E. Diehl and Suzanne Diehl, husband and wife, ("Holder") of Carlisle, Cumberland County, Pennsylvania their heirs, successors and assigns, Fifty-five Thousand Dollars ($55,000.00), without interest, by paying Fifty-five Thousand Dollars ($55,000.00) upon the sale and settlement, or rental of the residence to be built on Lot 68, Phase One - The Plan of Netherby, South Middleton Township, Cumberland County, Pennsylvania but in no event later than one (1) year from the date of this Note. In the event of default by Borrower, interest shall accrue and be payable at the rate of Wall Street Journal Prime plus three percent (3%). Notice, demand, presentment, or protest is expressly waived by Borrower. Borrower shall have the right to prepay all or any part of the principal amount ofthis Note at any time or from time to time without premium or penalty. IN ADDITION, IN THE EVENT OF THE DEFAULT IN THE PAYMENT DUE HEREUNDER, BORROWER DOES HEREBY AUTHORIZE AND EMPOWER THE PROTHONOTARY OR ANY ATTORNEY OF ANY COURT OF RECORD OF PENNSYLV ANIA OR ELSEWHERE TO APPEAR FOR AND ENTER JUDGMENT AGAINST BORROWER FOR THE ABOVE SUM, WITH OR WITHOUT DECLARATION, WITH COSTS OF SUIT, RELEASE OF ERRORS, WITHOUT STAY OF EXECUTION, AND WITH 15 PERCENT ADDED FOR COLLECTION FEES; AND BORROWER HEREBY AGREES NOT TO MAKE ANY MOTION OR ANY APPLICATION WHATSOEVER TO ANY COURT FOR AN INQUISITION ON ANY REAL EST ATE THAT MAYBE LEVIED UPON TO COLLECT THE AFORESAID SUM, AND BORROWER VOLUNT ARIL Y CONDEMNS SAME, AND AUTHORIZE THE PROTHONOTARY TO ENTER SAID VOLUNTARY CONDEMNATION VPON THE WRIT OF EXECUTION. BORROWER FVRTHER AGREES THAT ANY PROPERTY, REAL PERSONAL OR MIXED MAYBE SOLD THROUGH A WRIT OF EXECVTION AND FVRTHER HEREBY WAIVES AND RELEASES ALL RELIEF FROM ANY AND ALL APPRAISEMENTS, STAY OR EXEMPTION OF ANY ST ATE NOW IN FORCE OR WHICH ARE PASSED HEREAFTER. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT SHALL BE DEEMED TO EXHAVST THE POWER WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COVRT TO BE VALID, VOIDABLE, OR VOID, BVT THE POWER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE HOLDER HEREOF SHALL ELECT, UNTIL SVCH TIME AS THE HOLDER HEREOF SHALL HAVE RECEIVED PAYMENT IN FULL OF ALL AMOUNTS OWING HEREUNDER, TOGETHER WITH COSTS. .. . WAIVER IN EXECUTING THIS NOTE, BORROWER UNDERSTANDS THE TRANSACTION, AND KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO CONTEST THE ENTRY OF THIS JUDGMENT AGAINST BORROWER IN COURT AND DOES HEREBY CONSENT TO THE ENTRY OF THE JUDGMENT BY CONFESSION. BORROWER HEREBY CERTIFIES THAT HE HAS EARNINGS OF $10,000.00 OR MORE PER YEAR. Witness my hand and seal the day and year first above written. C~TNE.~. S;.. . ,jQ ~ -- '- ~ ../ Y ANEK CUSTOM HOMES, INC. .." .,. ~- - r' f\ t ~ P1;- ~ -{ V1 - \)' "'\:J {". .\q -- -a Vt C> ~ "D a-- '1- t CL- c) ~ .J:: ~_ ~ 'tf \:;: o f' rof- ~ ~~. r') - ~ '-d {- r;- J5f- r- :::, C:::J C> P ~ --.\ \", ,'j , ,i:" u:J"\:} \> 'J r- . l' ~ -vVJ i c:. t SI. ! o I r ~ -cJ' ::b ~ 8 ""-.) .f SAlOIS, FLOWER & LINDSAY ATIORNm.AT.IAW 26 West High Street Carlisle, PA II ole - I ~ 7 (J PARTIAL RELEASE OF JUDGMENT LIEN .lj- WHEREAS, on &y>I. /3. , 2006, confession of judgment was entered in the amount of $ 55,000.00 in favor of Raymond E. Diehl and Genevieve A. Diehl, and Donald E. Diehl and Suzanne Diehl, and against Yanek Custom Homes, Inc. in the Court of Common Pleas of Cumberland County, as of Civil Term, 2006, No. I J. 70; ("judgment"); and WHEREAS, Yanek Custom Homes, Inc. was the owner of the following property situate in Cumberland County as the time of entry of the judgment: ALL that certain tract or lot of land lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly right of way line of Netherby Lane and said beginning point further being on the eastern line of a concrete walk paralleling aforesaid Netherby Lane at the dividing line of Lot 2 herein conveyed and Lot 1 as shown on the hereinafter mentioned Subdivision Plan; thence along the eastern, inner line of aforesaid concrete walk paralleling Netherby Lane North 03 degrees 13 minutes 35 seconds East, a distance of 32.44 feet to a point; thence continuing along a curve to the left with a radius of 409.25 feet, an arc length of 52.51 feet, a chord bearing of North 00 degrees 26 minutes 57 seconds West and a chord length of 52.47 feet to a point at the dividing line of Lot 3; thence along Lot 3 North 85 degrees 52 minutes 31 seconds East, a distance of 234.03 feet to a point on the property line of lands now or formerly of Thomas R. Benjey; thence along lands of Thomas R. Benjey South 04 degrees 50 minutes 09 seconds East a distance of 115.89 feet to a point at the dividing line of aforesaid Lot 1; thence along Lot 1 North 86 degrees 46 minutes 25 seconds West, a distance of 245.00 feet to a point, the place of BEGINNING. CONTAINING an area of 23,864 square feet. BEING Lot 2 of the Proposed Plan of Lots for Phase One, the Plan of Netherby prepared for Donald E. Diehl, et al by Dawood Engineering, Inc. dated April 24, 2003, and recorded in Recorder of Deeds, Cumberland County, in Plan Book 87, Page 105. SAIDIS, flOWER & LINDSAY ATIORNmS-AJ'.IAW 26 West High Street Carlisle, P A II WHEREAS, said property was sold by Yanek Custom Homes, Inc. to Jesus A. Olmo and Karen M. Olmo, on September 21, 2006 for nominal consideration; WHEREAS, the judgment presently operates as a lien on the above-described property of Yanek Custom Homes, Inc.; NOW, therefore, at the instance and request of Yanek Custom Homes, Inc. , and in consideration of the sum of $1.00, receipt of which is hereby acknowledged, and intending to be legally bound, Raymond E. Diehl and Genevieve A. Diehl, and Donald E. Diehl and Suzanne Diehl, does, for themselves, their heirs, executors and administrators, covenant, promise, and agree with Yanek Custom Homes, Inc., its successors and/ or assigns, that they will not attach or levy upon, sell or dispose of, claim or demand the above-described property free and clear from the judgment; provided, however, that nothing herein contained shall invalidate the lien or security of the judgment upon any other property of Yanek Custom Homes, Inc. in Cumberland County or elsewhere. IN WITNESS WHEREOF, I have set my hand and seal this 1.:3 day of~, 2006. :h~~-~~ € L: ~( /"., . : ~a:ym.. ond Ei DIehl /i",.\ :~~ec ~ ~ (~~, 'Jdc ~il : Genevieve A. Diehl ~ ~ - ~....:> Diehl ~/ ':? ~~ SAIDIS, FLOWER & LINDSAY Kl1ORNEYS.AT.\AW 26 West High Street Carlisle, PA II COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss r/ On this, the I~f day Of,i~ ' 2006 before me, the undersigned officer personally appeared Raymond E. Diehl and Genevieve A. Diehl, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. " , / / --;df;J /ft~ (SEAL) NOTARIAL SEAL kANOI L LENKER, NOTARY PUBUC CARLISLE BORO. CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2009 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss On this, thelJ day of Jlpt. ,2006 before me, the undersigned officer personally appeared Donald E. Diehl and Suzanne Diehl, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. '-.~~ :2 . '7/" ~ (SEAL NOTARIAL SEAL KANOl t. lENKER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY MY COMMISSION EXPiRES MARCH 10, 2009 o (er, c ~~~ ",' . ~~~~ l.{\. ,,~, ' . \ ' \ ~'''<::) ~?'i' _ ~ <:::,. (I:,; 0(> ~ ~ %(; ~ . ~ ".~'('I V\ 'P . Y'<2 ? r'-- 2 -t .... t - ~ ~ )- ~ ~ c::':> C':J'" (/> I"" -0 N co ~ '2 c.? .r:- ~ ~ ~ :?-1'1 rl1 f": -nf1'J :,n\:? ,~,?\o .-f.... -r ~ \;;~ ~:~; otn ~ :JD ::..r::. SAIDIS, FLOWER &. LINDSAY ATIOIINIMl.,U.\AW 26 West High Street Carlisle, PA RA YMOND E. DIEHL AND GENEVIEVE A. DIEHL AND DONALD E. DIEHL AND SUZANNE DIEHL, Plaintiff v. Y ANEK CUSTOM HOMES, INC., : Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA : DOCKET NO. 2006-01270 PRAECIPE Please enter my appearance in the above-captioned matter. DATED: 1/ { 10 ( D G RESPECTFULL Y SUBMITTED, SAIPIS, FLOWER & LINDSAY C. {!;Jf (~.IUu? /( M1<Jr~ Suz . C. Hixenbaugh, Esq. Attorney ID #91,641 26 West High Street Carlisle, P A 17013 717) 243-6222 Attorney for Plaintiff ,......, L::) = 0-'" ~ c.) "-, <I j:;,o 'n --< SAlOIS, FLOWER & LINDSAY ATlOIlNEIS-AT-IAW 26 West High Street Carlisle, PA RAYMOND E. DIEHL AND GENEVIEVE A. DIEHL AND DONALD E. DIEHL AND SUZANNE DIEHL, Plaintiff v. Y ANEK CUSTOM HOMES, INC., : Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, P A : DOCKET NO. 2006-01270 PRAECIPE Please mark the above-captioned matter paid in full and satisfied. DATED: JJJJD/~ I ' RESPECTFULL Y SUBMITTED, SAIDIS, FLOWER & LINDSAY ~tUlM {tj{A~~ru Attorney ID # ?j I ~L{ ( 26 West High Street Carlisle, P A 17013 717) 243-6222 Attorney for Plaintiff ,-...:, <7".;;:> ~~.::::::.> 'cr\ 0'" 9 ...r:-- (.,) o 11 ::.;:i :':::.:~.<O "j' J .1-..' Fn c;) ~t.! rn