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Home My WebLink About02-4913DICKINSON COLLEGE, Plaintiff CHRISTINA A. RUSSO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4913 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $4,066.24 plus interest from July 23, 2003 in the amount of $86.88 collection and attorneys' fees in the amount of $525.00 for a total of $4,678.12, plus costs of suit and interest from date of judgment as per the Notes attached to the Complaint for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on January 20, 2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: February 4, 2004 DICKINSON COLLEGE, Plaintiff CHRISTINA A. RUSSO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4913 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: CHRISTINA A. RUSSO, Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 24%3166 MARTSON DEARDORFF WILLIAMS & OTTO Dated: January 20, 2004 By David R. Galloway, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff CHRISTINA A. RUSSO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~4913 CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED TO: CHRISTINA A. RUSSO, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that one, 2004, the following Judgment was entered against you in the above-captioned case: [I]n the amount of $4,066.24 plus interest from July 23, 2003 in the amount of $86.88 collection and attorneys' fees in the mount of $525.00 for a total of $4,678.12, plus costs of suit and interest from date of judgment. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ, P. 236 is: Ms. Christina A. Russo 621 Catawissa Ave. Sunbury, PA 17801 CERTIFICATE OF SERVICE I, Marti lben, an authorized agent of MARTSON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ms. Christina A. Russo 621 Catawissa Ave. Sunbury, PA 17801 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 4, 2004 STIPULATION AGAINST LIENS THIS AGREEMENT made the ~. day of September, 2002, by and between, CUMBERLAND DESIGN & BUILDING CO, INC., of Carlisle, Pennsylvania, hereinafter referred to as Contractor, AND PYRAMID GROUP, a partnership duly organized pursuant to the laws of Pennsylvania hereinafter referred to as Owner, WHEREAS, the said Contractor undertook and agreed to make certain improvements to Owner's property situate in Newville Borough, Pennsylvania, more fully described in Exhibit "A: attached hereto and made a part hereof known as 15 Railroad Avenue, Newville, PA 17241. NOW THEREFORE, THIS AGREEMENT WITNESSETH: That the said Contractor, for and in consideration of the sum of One Dollar ($1.00) to said Contractor in hand paid by Owner, the receipt whereof is hereby acknowledged, and the further consideration mentioned in the agreement aforesaid, for itself, and its subcontractors, and all parties acting through or under them, covenant and agree that no mechanic's liens or claims shall be filed or maintained by them or any of them against the said buildings and improvements and the lot of ground appurtenant thereto for or on account of any work done or materials furnished by them or any of them under said contract or otherwise, for, towards, in, or about the erection and construction of the said improvements on the lot above described, and the said Contractor, for itself, its subcontractors and others under it hereby expressly waive and relinquish the right to have, file, and maintain any mechanic's liens or claims against the said buildings or any of them, and agree that this instrument, waiving the right of lien, shall be an independent covenant. WITNESS our hands and seals on the date above first written. Signed, Sealed and Delivered in The Presence of CONTRACTOR CUMBERLAND DESIGN & BUILDING CO. INC. OWNER PYRAMID GROUp ~ n enture, MADE THE 22nd d~y o/ October in tho ~laar o! our Lord on~ thouza~d ~ine &m~dred n~ty (1990) U-Wan-A Wash Frocks~ Inc., also'know0 a~ o. :~ BETWEEN U-WANA-WASH PROCKS, INC., a corporation ~gaD%~ and existing under ~he laws of the Sta~ of New York, ~re$~a~er referred ~o as G~NTOR ~ ~ ~ o c~ ~-~ ~ ~ ~ m... THE PY~MID GROUP, a Pennsylvania partnership, with offices located at 590 California Road, Quakertown, PA 18951, hereinaf:~r referred to as G~NTEE WITNESSETH, t~t the san U-Wan-A Wash Frocks, Inc., a/k/a U-Wana-Wash Frocks, Inc. for and in ~,~ide~ti~ of the ~m o/ THREE HUNDRED SEVENTY-FIVE THOUSAND AND ]~]~;'.,['.~O/100 DOLLARS .......................... ~ ........................ ['-~ ut ~eF o/ the United S~tes of Ameba, unto them we~ a.d t~ly paid b~ ~te ~aid The Pyramid Group ~t a~ be~o~e the 8~ino a~ delive~ of these ~resents, ~e rcc~ipt whereof ~ hereb~ ac~wled~ed, h~ gra~ted, bar~ained, so~, aliened, ~feo~ed, re- ~ ~,l a~d cmfimcd, and by these presents does grant, bargain, sell, alien, en[eoff, rele~e a~ ~ ,r~ unto the said The Pyramid Group, its successors c ~,,~.,, i ~ ~g~X..~,'ALL those three (3) certain pieces, parcels or lots of land ~ situate in the Borough of Neville, Count of Cumberland and ~ Commonwealth of Pennsylvania, bounded a~d~d..er~b.d as follows: ,~ TRACT NO. 1: BEGINNING at a point marked by an iron in where a ~% southerly line of land of U-Wana-Wash Frocks, Inc. meets the [~.~easterly line of Pennsylvania Avenue (60 feet wide) distant 8 =-"feet measured south 1 degree, 32 minutes east, along said line of ~ ~ Pennsylvania Avenue, from the southerly l~ne of the 20 foot wi. de ~ublic alley lying south of Broad Street; extending from said beginning point the following fourteen courses and distances, the first four thereof being by land of said U-Wana-Wash Frocks, Inc: (1) north 88 degrees, 28 minutes east, 359.30 feet to an iron pin in the southeasterly line of Springfield Avenue; (2) south 33 degrees, 56 minutes west, along the prolongation of or southeasterly line of said Springfield Avenue, 29.51 feet to an iron pin; (3) north 81 degrees, 45 minutes east, 219.30 feet to a spike in post; (4) north 33 degrees, 56 minutes east, 221140 feet %o a spike in post in the southerly line of Walnut Street, (5) no~h 78 degrees, 04 minutes east, along said line of Walnut Street, 165.97 to an iron pin in the westerly line of land now or formerly of Samuel A. Miller; the following two courses and distances being by said last mentioned land: (6) south 13 degrees, 16 minutes east, 206.00 feet to an iron pin; (7) south 7 iron pin in sa~d easterly l~ne of Pennsylvania Avenue; and (14) north 1 degree, 32 minutes west, along said line of Pennsylvania Avenue, 56.85 feet to the place of BEGINNING. Containing 2.516 acres, 'more or less. BEING the same premises which The Pennsylvania Railroad Co~pany, ~' granted and conveyed to U-Wana-Wash Frocks, Inc., by Deed dated ...... ~: ..January 19, ]9&6 ~nd recorded in CumL~rland Cuu~lty in Deed ~oo~ "B", Volume 22, page 21. TRACT NO. 2: BEGINNING at a p¢int where the center line of the first alley, forty (40) feet wide, south of Broad Street meets the easterly line of Pennsylvania Avenue; extending from said beginning point the following five courses and distances: (1) north 83 degrees, 30 minutes east along said center line of alley, 285 feet, more or less; (2) north 54 degrees, 15 minutes east within the lines of said alley 15 feet, more or less, to the prolongation southwardly of the westerly line of Lafayette Avenue, the following two courses and distances being by remaining land of The Pennsylvania Railroad Company; (3) south 6 degrees 30 minutes east along said prolongation of the westerly line of Lafayette Avenue, 98 feet, more or less; (4) south 83 degrees 30 minutes west, parallel with and 15 feet northwardly at right angles from the center line of the tangent portion of a side track of the said Railroad Company, 300 feet to said easterly line of Pennsylvania Avenue; and (5) north 6 degrees, 30 minutes west along the same, 88 feet, more or less, to the place of BEGINNING. Containing 26,475 feet, more or less. BEING the same premises which Gerald M. Reid and Fred/th ~. Reid, his wife, granted and conveyed to U-Wana-Wash Frocks, Inc., by Deed dated December 17, 1958 and recorded in Cumberland County in Deed Book "V", ~olume 18, page 423. TRACT NO. 3: BEGINNING at a stake at the southeast corner of Springfield Avenue and Walnut Street, in said Borough; thence along the south side of Walnut Street, south 76 degrees, 5 minutes east, 115 feet to a stake; thence further along the south side of ~{alnut Street north 76 degrees east, 76.7 feet to a point; thence by lands of the Cumberland Valley Railroad Company, now Pennsylvania Railroad Company, south 32 degrees west, 221.4 feet to a stake; thence continuing along lands of said Pennsylvania Railroad Company, south 79 degrees, 59 minutes west, 219.3 feet to a stake in the east side of Springfield Avenue; thence along the east side of Springfield Avenue, north 32 degrees east, 279.3 feet to a stake, the place of BEGINNING. Containing .882 of an acre. BEING the same premises which The Newville Knitting Company granted and conveyed to U-Wana-Wash Frocks, 'Inc., by Deed dated April 15, 1941 and recorded in Cumberland County in Deed Book "J",. Volume 12, page 332. .A~'EXCEPTING A~D RESERVING that portion of Tract No. 1 which w-us convyeed to Dallas Wayne Rife, II and Cheryl Darlene Rife, his wife, by D~ed dated May 17, 1972 and recorded in Cunberland County in Deed Book #R", Volume 24, page 546, bounded and described as follow~.. ON the north by Wa/nut Street; on the west by U-Wasa-Wash Frocks, Inc.; on the east by land of the Grantees; on the south by the C~-rberland Valley Railroad right-of-way; having a frontage of 30 feet 6 inches along the railroad