HomeMy WebLinkAbout00-08675
~ -
J
-
, .~,
/"
vVRIT OF POSSESSIO~-Ejecrment Proceedings PRep 3160 - 3165 erc,)
KEYSTONE FINANCIAL BANK, -N:A. ..
--------------------------------------------
D THE COCRT OF cm.{:,rQ); ?L.E.-\.S OF
Cl..,,{BERL-\.c.u COl..""TY, ?E..,");S'I"'L V.-\...''-r..-\.
S/I/I FIANCIAL TRUST COMPANY
-----~------------------------------------~
)io,
00-8675
--------------------------------
T= 20______
:-;0
--------------------------------
T = 20______
''''-
COSt,
VASILIKI T. PHILLIPY OR OCCUPANTS
.-\.::':" _______________________________ s___.l.Ql.:1l_4__
------_____________________________________4
P!'~f ;'. _____________________________ ~___________
?cor~v. ______________________________ s______~~33__
CO~o'IO~"WE.._\.LTH OF ?E......"SYLV.-\......'A;
cac)'"TY OF CC),[SE.RL-\.......u:
Tu:ne She:-ifi oi __________:~.::~.:.~~~~~___________ Coun",,-, P",n3..
( 1', To n:tisiv :he iudpe:'l:: :0:' iJ~on in :.~e .loa '...~ :n:LC":e:" '.-ou. :lre ,~::e<::~d. :0 .:.e~,h'e:" ~se:sion cf. :one
foi:l~~~ desc...-:bed ProPe~l .~: ". .
KEYSTONE FINANCIAL BANK, N.A., S/I/I FINANCIAL TRUST COMPANY
-------------------~----------------- --------------------------------------------------------------~
------------------------------------------------------------------------------------------
?!.:1i:u:ff i
bei:1g: I.P:-=i= 3S loaaws;: 21 CHESTNUT STREET
MOUNT HOLLY SPRINGS, ,PA 17065
/'
l1: TlJ ~-I:t:~ .:.oSts ~:.i...~c ~e~e!e:ncUnt .:s!, you JI~ d.i~ed to :e'..,~: ~?On J.:~y ?t"O?!':'::/ or
d.:lnt ,i,; .l.C<i ie:l::;.3 n;:" ,or ::'"1'C:' :r..c_...,;).. ~'1er~::1.
x.e cc:::,e-::,..
Dac. ..May__4,~_G.9.9J.____________
.. -------- ,SE.u.)
, eu~tis R. Lona _________u_____'
._-----------------------------~---
P,-ocr.onoc:1..',:, C=_""Cl)' P!e[;.s C.,u::-: vi C=be:-:a=;c
Courer, P""U:!.. ~
fh. . an,,"" 0__.2 :b/UlJ----
, e!:lUCV
, . .
~lli!L.II{1I1t~~~lR'ljj~r~1 r~~~ ~ "jblf.~lNlill.b1R~~ijltt.1!~ii2!ii~!;i\f.K;lgr"'~~ - '" "'":bI~iliii' -"'~,~"
'" ~"~ =
".' "
,~'
- -
'" = <(
....,..
-I-
"'% :oc: ,--! """-
UJ:=, <>- .~
:c(-:- -.,
,f).c~ ,.-> :.-,...
..... :')
",,-i, ('oJ -1
:r ;~
!-- (Y)
. ,- (j)
"-
0' '1; :z
\-,:
uJC:~ CO ' , Z
'._~
~::t L.1J
u...:::O - Q...
....'" "'"
0 ::E:
:}l ~ > ::;:NO <: en ;>'1 -
::- ' ' -4 0""'" II> --'" ;:.;
, >0....0 .~ ~ i :;:: q en H ~ :,; :z
="'!2\ Q' -:<' ZC'"l OH __ en
. 1-1....'" ~ ~ - rl;:l:l nt-< H rl - -
) ~~~ 2 0 ...;
'" ",nH
~ ;:I:Ienq", "'lZ ,-,
Ot-3I-OH H'" ,-,
-
-<< N "'~~ I b2i~ Z -
-
<0 ,... ~~~ -: < rl ;J>"'l >- -
:"c: > >-<:rl rl ZH -
~Z CJ - en ~~ :z -
~. -
:;rl ;11 en en 'tJ - -
. '" ~ .... .., 'tJrl ;:1:1 ~n ...;
'''';:1:1 en ~4J "'''' H
"=0 rl ~~~ - H'" b H '"
"t-< Z -: - Z'" rl f:; ;:: -
~t-< q . -. G1rl H ~
.,,~ ....:i ....~"" '" en '"d;i Z -
:i. '" ~. entd '"
= U:l IZl '-"><l'" '" rl~
Ot:06l .0 '^ - ~ -
.:: 1-0 r-3 -, J: 'tJ '"
'~ '" , ~ II> C'"l;>'1 -
::"H '" 'i''''~ ~ 0- '"
, Z '" ~; ,... ~Z -
~~~ ~;, .-' -
-.,01:"'3 ~, 'J: ..., :z -
]:00 --;-i .... .... ... ... " .... 0 g;;, :z z
~ > , , , ~ - '"
jl-O -' ,~'" :1-:' :z Ln ~ :r.
~ -
:-11> ' H>-l '0 -
, ~;Hi , :I--c' ~J--' ~ :;
,... '.... :r.
..., .,
0 HO :z ....
'" ....21 '0 ;00 -
Ln 0 ,0 ,'" >
0.
B~ v1rt:re \)f ,h..;" ..".:i.t. on :.~e _____________________d:a~. ,){ _..._..._______________________________.
~ ,
"
"
? ?
,0
,0
"
,00
''''
'-.../
\.11
...;
Q -
N N
0 0
:('1
----------------------------------------------------~--------------------.
:?~----~
~:J.used :he wi thin :lamed
. .. -.... ~.J " ,t., ,
i-m.';~ pO'S.3es.rion or ~hf' ?rl"'!:llse!. d.~or."'J, '.'il::~l ':....~ .J.??Ur':~:1.:ln_ce"t, 'J.:'lc. _______~_____~____..._______~~___________
NO ACTION TAKEN AS PER ATTY, _P13O!'~~_!;;_YA<;;@.J__WJS_}'lli1T_m______________________________,
--------------------------------- - -
IS RETURNED STAVED.
--------------------------~_._--~----_.
---------------------------------------------------------------
SHERIFF"S, COSTS, ADVANClLQ2S'I'S_nS_lSfWl.O_______
____n_____~________ - --- h_ __h__________________________ ..-n--n--SHERIFF' S COSTS 38.86,
DOCKETING $ 18.00 , __m_n____!!!_.}_~~___
e~Q'I'A~Y--------l.D~--..---------------------,-----------_____________ ~
~. E 9.10 REFUND 'IO ATTY ON 7/19/~
S 'GE 10.00 \::::::V
GE --:76- @3
@ 38.86 -0. .\..i~'.H::~.
tt;' . " 3L .L
~......)rt"...l..'1 -:,:~n~c:'~~'Cl:.J ::C'=;}r~ :::''.c: :!US __ ~:____'~_...__
'1~'. ,>( _ _n___________n__n.____n. /f!}_~_~..
n. /) VI.;' _4!'!.-r._...____.
..v-------..-~--tc6.-.I~~-l '~F':/
P:'Clthonoc;J:ry .
-------_._---_._-~
~hc;r:t"~
-:.. - '. ~ ~ . - -
"
,'~. ---------~----------~----~-----~---------------
iJe'?U.:y
1,..-0 cJ<.. 33V7(P
I
;~ fl'i 9'i{"
I,.
.',
'"
~
...
FEDERMAN AND PHELAN
'BY: FRANK FEDERMAN
IDENTIFICATION NO. 12248
Suite 1400/0ne Penn Center at Suburban Station
1617 Jo1m F, Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAlNTWF
KEYSTONE FINANCIAL BANK, N.A.
SIIII FINANCIAL TRUST COMPANY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs
V ASILIKI T. PHILLIPY
OR OCCUPANTS
21 CHESTNUT STREET
MOUNT HOLLY SPRINGS, PA 17065
No. 00-8675
CUMBERLAND County
PR A F.CTPF. FOR .rrmfiMFNT TN F..TF.CTMFNT
TO THE PROTHONOTARY:
Kindly enter Judgment in Ejectment in favor of the Plaintiff, KEYSTONE FINANCIAL BANK, N.A.
S/III FINANCIAL TRUST COMPANY and against the Defendant(s) VASILIKl T. PHILLIPY and OR
OCCUPANTS for possession of premises 21 CHESTNUT STREET, MOUNT HOLLY SPRINGS, PA
17065 pursuant to the attached court order dated April18, 2001.
-=t-~ +~
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
Default Judgment entered as indicated above,
DATE
, J
"".
, ,
..;.;1-," ~
...
KEYSTONE FINANCIAL BANK, N.A. IN THE COURT OF COMMON PLEAS OF
SIIII FINANCIAL TRUST COMPANY : CUMBERLAND COUNTY,PENNSYLVANIA
2270 Erin Court
Lancaster, PA 17604
: NO. 00-8675 CIVIL TERM
VASILlKI T. PHILLlPY
or occupants
21 Chestnut Street
Mount Holly Springs, PA 17065
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, April 18, 2001, the Court has determined that Plaintiff is
entitled to Summary Judgment as a matter of law, and therefore:
Orders and Decrees that judgment is entered in favor of Plaintiff and
against Defendant(s) Vasiliki T. Phillipy or occupants, for immediate
possession of the premises located at 21 Chestnut Street, Mount Holly
Springs, PA 17065.
B the Court,
Kathleen B. Mazzafro, Esquire
Federman and Phelan
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
For the Plaintiff
P.J.
Vasiliki T. f1hillipy or occupants
21 Chestnut Street
Mount Holly Springs, PA 17065
~
"I
.....'" h~(
..
FEDERMAN AND PHELAN
BY: FRANK FEDERMAN
IDENTIFICATION NO, 12248
Suite 1400/0ne Peml Center at Suburban Station
1617 John F, Kelmedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FORPLAlNTIFF
KEYSTONE FINANClAL BANK, N.A.
SllII FINANCIAL TRUST COMPANY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs
V ASILIKl T. PHILLIPY
OR OCCUPANTS
21 CHESTNUT STREET
MOUNT HOLLY SPRINGS, P A 17065
No. 00-8675
CUMBERLAND County
VF,RTFTc.A nON OF NON-MH.IT ARV SF,RVTC'R
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is Attorney for Plaintiff in the
above captioned matter, and that on information and belief, he has knowledge of the following
facts, to wit:
(a) That the defendant(s) islare 'not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) That defendant V ASILIKI T. PHILLIPY Or occupants, is over 18 years of age, and resides
at 21 CHESTNUT STREET, MOUNT HOLLY SPRINGS, P A 17065.
This statement is made subject to the penalties of 18 P A. C.S.S 4904 relating to unsworn
falsification to authorities.
II~ -=t-~~~,
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
.' ~~
,.
" -
~" , "
" ~:... ,
'~&'
~
PRAECIPE FOR WRIT OF POSSESSION
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK, NA
S/IlI FINANCIAL TRUST COMPANY
COURT OF COMMON PLEAS
CIVIL DIVISION
vs
V ASILIKI T, PHILLIPY
OR OCCUPANTS
21 CHESTNUT STREET
MOUNT HOLLY SPRINGS, P A 17065
No. 00-8675
CUMBERLAND County
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARy:
Issue Writ of Possession in the above matter for possession of:
21 CHESTNUT STREET, MOUNT HOLLY SPRINGS, P A 17065
**PLEASE SEE THE ATTACHED LEGAL DESCRIPTION***
Being Known as No. 21 CHESTNUT STREET
=+-~~t~~
FRANK FEDERMAN, ESQUIRE
ATTORNEY FOR PLAINTIFF
,~~6i1iF.~+-,"d",:;,;i~;Hiii~-,-oi\~~'&.'li""""""",",<:;"",~;,j4"~',,,,~,,-mi,'&"JI'i>1.Nj!..",;(jil~."'lif,,!iil"l!IlfI!ii:frill>111il't__~_~~!iIOO~(lil1~lil;liIIt_liililIll =~.' ~ ~"~il < ,
-
~"~.....~~
t? ("0
~~ 7-
~
lS9
....
o
-
.
"Q
<..t
~ ~
" "'.;
~ N
"<l ~
:--.
&
f)
, ~, .,. ,
I,
.--- ~~ "
~.~ b ~
8 d lAv 0
I ~ ()
:::
r~
~
;:- .:-
~
~ ~
- ...
o
~
-Off;'
~q:i
7-"
0S
~;;::>
:;::::8
):>
:z:0
j;;O
c:
~
If
Ci
c--'
-,
..,..
-~
::;c..!
I
.C'
''''1-....,.
...1::
',:. (~i
'~':::;/~
g~
;::-j
1]
-<
-0
-,,,,.
~
::>
.",
~
~ '"
.
I"
""'
,.~
..
~
ARACOR Search and Abstract Services, Inc.
One Penn Center, 1617 J.F.K. Boulevard, Suite 305
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 6/23/2000
Order Number:
Client Number:
A42440
Premises:
21 CHESTNUT STREET, BOROUGH OF MOUNT HOLLY SPRINGS
CUMBERLAND COUNTY
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that the
premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set
forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company
solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two
Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at the Northeastern corner of Chestnut Street at a limestone adjoining Lot No, 3;
thence South along Chestnut Street, Eighty (80) feet to a limestone; thence West along land
formerly of John C. Trine, (erroneously written John C. Strine in prior deeds), now or formerly of
Rose C. Wolf, One Hundred Eighty-five (185) feet to a limestone; thence North along said land
now or formerly of John C. Trine, (erroneously written John C. Strine in prior deeds), Eighty (80)
feet to a limestone; thence along Lot No.3, on the Plan mentioned below (185) feet to a limestone,
the place of beginning.
BEING Lots Nos. 4 and 5 of the Mathew Moore Plot of the Town Lots having a width on Chestnut
Street of Eighty (80) feet and a depth along Lot No, 3 of One Hundred Eighty-five (185) feet, and
being improved with a two and one-half story frame dwelling house known as a numbered 21
Chestnut Street.
T AX PARCEL NUMBER: 23-32-2336-202
'~'-ir
" ".', -~ --
1--
._',; ,0 "_'" 'or',
;-,'
"~1(f i
KEYSTONE FINANCIAL BANK, N.A. : IN THE COURT OF COMMON PLEAS OF
SIIII FINANCIAL TRUST COMPANY : CUMBERLAND COUNTY,PENNSYLVANIA
2270 Erin Court
Lancaster, PA 17604
,
"
d
Ii
[1
I!
n
,
r\
i,i
: NO. 00-8675 CIVIL TERM
i.-i
l ~
"
!'
VASILlKI T. PHILLlPY
or occupants
21 Chestnut Street
Mount Holly Springs, PA 17065
,r"
1'1
(~
IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
ORDER OF COURT
,
.;:i
"
"j
:~
:j
"
.!
,I
AND NOW, April 18, 2001, the Court has determined that Plaintiff is
d
Orders and Decrees that judgment is entered in favor of Plaintiff and
,
it
[1
n'
:1
,i
is
i~
entitled to Summary Judgment as a matter of law, and therefore:
against Defendant(s) Vasiliki T. Phillipy or occupants, for immediate
possession of the premises located at 21 Chestnut Street, Mount Holly
Springs, PA 17065.
B the Court,
Kathleen B. Mazzafro, Esquire
Federman and Phelan
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
For the Plaintiff
. offe~
A ,,\9J>f\ 0\
L..C'( o~.~S
P.J.
Vasiliki T. Phillipy or occupants
21 Chestnut Street
Mount Holly Springs, PA 17065
j)J
~,"" ,~.
',,,.,~.. '"
"'." ~ ,"
j'"'
iU
Clji\f:r,:'~ --, " l'
p;:i", i':.,-;(I'-./L\ !,', 1'/,
~ ,",I\U I I','~'';\i 'I
-1'-
,~ " ""-'<" ~
",-,," ''C'"
,,~---~~~,,-=
,",
,=_. '~,
"
'.
if(
..!~,'
I , .,'_~.~,,"'''''''''~__, "'~~=~,I\~,o:r"'- ~,~1.~'Tf,1Wi~~f,f.'W'n'Ai'!ffi[~J~~~F!I~f~1i~,,.,'""'" 'T,~;~,,-n~
,,"_....~--~~ '".
,', -' ~-" ,j
.
t,. "
-.i
"'tl"I~
FEDERMAN AND PHELAN
By: KATHLEEN B. MAZZAFRO, ESQUIRE
Identification No. 80990
One Penn Center at Suburban Station
1617 John F. Kennedy Bol11evard
Suite 1400
Philadelphia, PA 19103-1814
(9.1 ~) 1)0;\-7000
Keystone Financial Bank, N.A.
S/I/l Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
Attorney for Plaintiff
Court of Common Pleas
vs,
Civil Division
Vasiliki T. Phillipy
or occupants
21 Chestnut Street
Mount Holly Springs, P A 17065
Cumberland County
No. 00-8675
PLEASE BE ADVISED THAT THIS FIRM IS A DEBT COllECTOR
ATI'EMTINGTO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A
DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO
BEAN ATI'EMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A
LIEN AGAINST THE PROPERlY,
MOTION FOR STTMM A RY JTTOr..MF,NT
Plaintifi; Keystone FInancial Bank, N.A. S/I/I Financial Trust Company (hereinafter "Plaintiff"), by its
attomey, Kathleen B. Mazzafro, Esquire, respeclfully requests that this Honorable Court enter an Order
granting Summary Judgment in the above-captioned matter for the following reasons:
1. As the successfUl bidder at a Sheriffs Sale, Plaintiff became the owner of the premises located
at 21 Chestnut Street, Mount Holly Springs, PA 17065, by a Deed from the Sheriff of Cumberland County. A
true and correct copy of the Deed is attached hereto as Exhibit A.
2, Pfaintiff notified the occupants to vacate the premises, but, to date, they have remained in the
property. A true and correct copy of Plaintiff's notice to vacate is attached hereto as Exhibit B.
3. Because the occupants have refused to vacate the property on their own, Plaintiff fIled an
ejectment action on December 18, 2000. A true and correct copy of the Complaint is attached hereto as
Exhibit C.
4. An Answer to the Complaint has been filed, A true and correct copy of the Answer is
.- ~ " -
"jf -~,
l' ,~
)'!
..', .....
,'L'
~ "" -- _ -.l;~ ."'-', ~.
'j~k'ii
I
I
I
I
,
'.,
attached hereto as Exhibit D,
5. Plaintiff respectfully submits that it has established its right to irrunediate, exclusive possession
of the premises, and there are no material issues of fact in this case for a fact-fmder.
6. Plaintiff incorporates herein it<; Brief in support of its Motion for Summary Judgment.
WHEREFORE, Plaintiff respectfully requests that Judgment for possession be entered as prayed for
in the Complaint.
Respectfully submitted,
~~
Attorney for Plaintiff
2
-~~ '.'it-'"
..,
.
~, '"
_~l.__,
FEDERMAN AND PHELAN
By: KATHLEEN B. MAZZAFRO, ESQUIRE
Identification No. 80990
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(51.1~) t;1i~-7000
KeyslDne Financial Bank, N.A.
S/III Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
Attorney for Plaintiff
Court of Common Pleas
vs.
Civil Division
Vasiliki T. Phillipy
or occupants
21 Chestnut Street
Mount Holly Springs, P A 17065
: Cumberland County
: No. 00-8675
r:FRTTFTr:ATION OF SFRVTr:F.
I hereby certifY true and correct copies of the foregoing Plaintiff's Motion for Summary Judgment and
supporting Brief were served by regular mail on Defendant(s) at the address and on the date listed below:
Vasiliki Phillipy, Pro Se
21 Chestnut Street
Mount Holly Springs, P A 17065
DATE:
c9//;J/oj
, I
~~
Kathleen B. Mazzafr e
Attorney for Plaintiff
~ ,~"..
~~, --.1!Mililtl€..__WJ~~~*.tJj~"'li1L'\O~Jm~",~l>';-1i,,,~,-~~'l~ll1:W""" "
..=~=,
~~'~lilk__t"
';;""e. ~~"
,'"'"" , ",""'.'" ,,"
'J ~
,"
0 0 0
C .'rl
~, .." --~
-oCJ rfl ,---
mf--~l ::0 ~J
2:U :';-'j
z: 3 ;', ':;:J
<::Q UJ
c;' r,
r-' C) u
/ V '''!'.
:::> -'-'j
c -- '~,~ ;:-"'~
~ (5 "
)> ,- -;-,-::;c::; I 11
c: ~,
Z ,:=> ~
--j :n
~, C;:J -<
Jl;
",
",', '
r'~
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated in full)
Keystone Financial Bank, N.A.
S/i/i Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
(Plaintiff)
vs.
Vasiliki 1', Phillipy
Or Occupants
21 Chestnut Street
Mount Holly Springs, P A 17065
(Defendant)
No. on-Rh7~ Civil Tprm
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Motion for Summary Judgment
2. Identify counsel who will argue case:
(a)
for plaintiff:
Address:
Kathleen B. Mazzafro, Esquire
One Penn Center at Suburban Station
Suite 1400
1617 J.F,K. Blvd.
Philadelphia, PA 19103-1814
(b)
for defendant:
Address:
Vasiliki Phillippy, pro se
21 Chestnut Street
Mount Holly Springs, P A 17065
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
Date:
2//2/0 {
~~
Attorney for PIa ti
~
ll~
I, ~
~
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KEYSTONE FINANCIAL
BANK, NA,
Plaintiff
v.
No. 00-8675 CIVIL TERM
V ASILIKl 1. PHILLIPPY
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW, this 8th day of January, 2001, comes Plaintiff and Answers
Complaint as follows:
I.) Admitted.
2.) Admitted.
3.) After reasonable investigation Defendant is unable to ascertain the
truth or falsity of these statements; therefore, specific proof is
demanded.
4.) After reasonable investigation Defendant is unable to ascertain the
truth or falsity of these statements; therefore, specific proof is
demanded.
5,) After reasonable investigation Defendant is unable to ascertain the
truth or falsi1y of these statements; therefore, specific proof is
demanded,
6.) Specifically denied. Plaintiff has never contacted Defendant as to
the Sheriff s sale or to its rights or desires that Defendant vacate
1
".~"
~, .
the property. Plaintiff has continually failed to notify or contact
Defendant as to many ofthe matters surrounding the property.
WHEREFORE, Defendant requests that this Court dismiss the present
action.
tiJh /A
ASILIKI T. ILLIPPY, Pro
21 Chestnut Street
Mount Holly Springs, P A 17065
~" ..
- I~, ~'lli'
~,...~
"
""..,
I,
, -~, ,~
.l
VERIFICATION
The undersigned, Vasiliki T. Phillippy, hereby certifies that the statements made
in the foregoing Answers to the Interrogatories posed by Defendant are true and correct
to the best of her knowledge, information and belief. It is understood that statements
made herein are subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn
falsification to authorities.
Date:
0:1'
,< ~
".
~ .~-
~. >'
l\li.Liij~:'~
, .
I, Vasiliki T. Phillippy, do hereby certify that I am this day serving a copy of1he
foregoing document upon the person(s) and in the manner indicated below, which service
satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing a
copy of same in the United States mail, first-class postage prepaid as follows:
Frank Federman, Esquire
Felderman & Phelan, LLP
One Penn Center At Suburban Station
1617 JFKBlvd, Suite 1400
Philadelphia, PA 19103-1814
D,~ ~if1
D j(jd I
,
.,
~'~irn:~,iiiI!l.o"jI;;,:!L,.,;;',,;,,j'i~:,;;,j,;;1~,?"",'ifil*~--"I,14"'-oi~',f&116,,,,,. ,~"d:,~,,,,,"&,,,s'- .cg,-ii<' -;"Jf;""",""f"Kc~';;'li!~"~'i&~4i;,'j>'-.di!ll';~~41"";;;:1!>~,,.;;;;j"""[j - ~, ........
,~,-:~k" L.~:""r:lm.U~<~_,
..,~ ,~ ,'~ ~~~ _ , ,~_ ~_ ,qe'
'-,~,'~' ~I",-..-~..~
C)
c;
.'
-r; j--:-,)
Cl}C;
~.--'
ti;!:-':
r::::..,
',-" "-',
;:'~~
?;
-<
C::J
._- ~~~'"
w_~
.
'-,,,"
"
, ,
-~,
'--
'~::;
(.::::J
,"7'1
'~~)
--c~
-i(,}
,. "
;~f~
;;;;
::<
""
\0
1m
""-, ,..
~~
I..
I,
,l"
,-L-'
'J;',
..
.
DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
AND, PETITION AND NEW MAnER,
Keystone Financial Bank, N.A.
S/I/I Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
vs.
No. 00-8675 Civil Term
Vasiliki T, Phillipy
or occupants
21 Chestnut Street
Mount Holly Springs, PA 17065
RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGEMENT:
1.) AND NOW, this 5th day of March, 2001, comes,,Defendant, Vasiliki T. Phillipy, and responds to Motion for
Summary JUdgment as filed by Plaintiff: Defendant, as attested in the Answer To Complaint bearing the date of the 8th
day of January, 2001, has labored and struggled without adequate communications from Plaintiff as to the condition of
the situation under which Defendant finds herself. Defendant attempted on many occasions to properly determine, from
Plaintiff, answers to procedural questions and practical considerations in order to cooperate with proceedings and
requirements of Plaintiff. Said attempts of Defendant were repeatedly met with incomplete and untimely responses or
with no information or response ~orthcoming from Plaintiff. These difficulties have created an extreme burden for
Defendant in understanding and participating in decision making regarding the development of events and circumstances
which effect the outcome of these actions.
2.) DefeMant has suffered throughout the preceding and current term of these actions, with a perpetually
deteriorating state of mental health related to depressive illness. Defendant has been, and remains currently, on
medications and under the care of a physician for these conditions. Treatments and responsiveness to these modalities
has had varying degrees of effectiveness for Defendant, and at many times Defendant has had to live as a seriously
impaired individual. These circumstances have created substantial difficulty for Defendant to adequately grasp the
severity of her situation and to ta~e remedial action to alter the course of events. This has been exponentially
exacerbated by the difficulty in receiving proper notifications and responses from Plaintiff.
3.) Defendant respectfully submits that circumstances surrounding the referenced conduct of Plaintiff and the
medical conditions outlined herein have had a material impact on Plaintiffs ability to position for the Motion For
Summary JUdgment, and that such circumstances should be given due consideration in finding a solution for the
problems averred by Plaintiff.
NEW MATTER AND PETITION
4.) Defendant recognizes a responsibility to cooperate and to provide assistance for the Plaintiff in the event this
honorable court should issue an order or decision favorable to the position held by Plaintiff. In this regard, it would be
most beneficial for all parties concemed if the Defendant was to be granted an extension of 30 days from the docketed
date for argument of this issue to vacate the referenced premises.
1
I.
"
~ ,~
,I"
"''';
,
5.) Defendant has, as of the filing of this Response, notified concemed family members of the plight in which she
finds herself and has engaged their assistance for examining the options available to her. Prior mental health difficulties
prevented Defendant from making these most essential contacts which will assist and enable Defendant to make more
reasonable choices about those few resources which have been retained as worldly possessions necessary for Defendant
to establish and maintain an independent household.
6.) The premises subject to the outcome of these proceedings represent the family homestead which was occupied
by the immediate and extended family of the Defendant for over 40 years. Defendant acquired this property after the
death of her father. Defendant's mother predeceased the father by 20 years. Consequent to this extensive family history
of occupancy, the premises is fully stacked with family memorabilia and artifacts. Although this large amount of material
has little residual value, it represents the Defendant's family history for many generations and it is deservil19 of proper
distribution to surviving siblings and extended family members. It is planned for these important keepsakes to be
removed from storage, reviewed and distributed appropriately. The volume of material in question makes the task at
hand extended and difficult requiring out-of-state travel for relatives in other parts of the country to visit and assist in this
process.
WHEREFORE, Defendant requests that this honorable court, if findil19 for the Plaintiff in this malter, grant a 30-
day extension of time from the docketed date of argument, for Defendant to fully execute the plans as outlined in this
Petition.
tJ~ () fXlI1J'
VAS/UKI T, PHILUPY, Pro Se
21 Chestnut Street
Mount Holly Springs, PA 17065
3/:)/6/
2
...
.
VERIFICATION
The undersigned, Vasiliki T. Phillipy, hereby certifies that the statements made in the foregoing Response To
Plaintiff's Motion For Summary Judgment And, Petition And New Matter are true and correct to the best of her
knowledge, information and belief, It is understood that statements made herein are subject to the penalties of 18 pa.C.S.
Section 4904 relating to unswom falsification to authorities.
Date:
3/0 )6/
{
,
,
i
, ,
1
~ -
. "'--..l.
"
"',' --L'~ ,- 'J
"
< '
.
PROOF OF SERVICE
I, Vasiliki T. Phillipy, do hereby certify that I am this day serving a copy of the foregoing document upon
the person(s) and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of
Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows:
Frank Federman, Esquire
Kathleen B. Mazzafro, Esquire
Felderman & Phelan, LLP
One Penn Center At Suburban Station
1617 JFK Blvd, Suite 1400
Philadelphia, PA 19103-1814
5/s ft/
Date:
1
i~~'I!.iI"IM'-_ij~;!;~,,;;di'MjjiliMllf&~~"iItm'\)liruji,,","ii-,j:JfI"'-'d~>t;~b''''1JL..;,l~,,'1i;~iS~~~i>iI!.~~h~~:Br ~~~' 0 'I.'j
,", _, ~"""'" ' "_M
~~
Ll ~,--
";",
.
0 C' 0
C -q
;;:: 3: --,f
~ro "'" :J: _~
Tn "'"
z:U 1'1'1"":-.'
,-
we I ""~':',f('n
-.J .,:-'0
-<.2: i':> L
~CJ .." ':_.iC)
~o I~Ti
:x . "
00
)>0 Zr-
C 0"
~ UI ~
(J:) -<
wq
r"'"'"
~=~ '"^C' ~"'~_~. ~
L
.<'~"l'
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08675 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KEYSTONE FINANCIAL BANK N A
VS
PHILLIPY VASILIKI T
RICAHRD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
PHILLIPY VASILIKI T
the
DEFENDANT
, at 0013:22 HOURS, on the 27th day of December, 2000
at 21 CHESTNUT ST
MOUNT HOLLY SPRINGS, PA 17065
by handing to
VASILKI T. PHILLIPY
a true and attested copy of COMPLAINT - EJECTMENT
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.34
.00
10.00
.00
32.34
~~~~<~f
R. Thomas Kline
12/28/2000
FEDERMAN &
Sworn and Subscribed to before
By:
eriff
me this 3~ day of
~AAI d.o-r} I A.D.
~ (l , -
L._ YvuP t..v ~
Prothonotary ,
",
I,
"'
FEDERMAN AND PHELAN, L.L.P.
One Penn Center Plaza at Suburban Station
Suite 1400
Philadelphia, P A 19103-1814
(215) 563-7000
Fax: (215) 563-4491
Email: michcle.bradrord(a)rc<lphc-pa.com
Michele M. Bradford, Esquire
Litigation Department
Representing Lenders in
Pennsylvania and New Jersey'
Apr1l9,2001
Office of Lhe Prothonotary
Cumberland County
Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Keystone Financial Bank, N.A., 5/1/1 Financial Trust Company vs. Phillipy
Cumberland County, No, 00-8675
Dear Sir or Madam:
Enclosed for filing with the Court please find Plaintiff's Affidavit and Certification of
Service. Please return a time-stamped copy of the first page of the Motion, Praecipe and
Certification in the enclosed self-addressed stamped envelope.
Thank you for your cooperation,
cc:' Vasihki Phillippy, Pro Se
Robert Lieberman, Esquire
Honorable George E. Hoffer, President Judge
"""
- .;L _ ~
" '.o.~"'-
"
FEDERMAN AND PHELAN, L.L.P.
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Snburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(21 <;) <;63-7000
Attorney for Plaintiff
Keystone Financial Bank, N.A.,
81I1I Financial Trnst Company
2270 Erin Court
Lancaster, P A 17604
Court of Common Pleas
Plaintiff
Civil Division
Cumberland County
vs.
: No. 00-8675
Vasiliki T. Phillipy
Or Occupants
21 Chestnut Street
Mount Holly Springs, P A 17065
Defendants
CFRTTFTCATTON OF SF,RVTCF,
I hereby certity a true and correct copy of the foregoing Plaintiffs Affidavit in Support of its
Motion for Summary Judgment and Certification of Service was served by regular mail on Defendant on the
date listed below:
Vasiliki T, Phillipy
21 Chestnut Street
Mount Holly Springs, P A 17065
L
DA TE:------iliLtl
iche M. Bradfora, Esquire
Attorney for Plaintiff
- ~ "
J,
-,' ,~ . '0;
< ~,<-
r
FEDERMAN AND PHELAN, L.L.P.
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Suburban Statiou
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
: Attorney for Plaintiff
Keystone Financial Bank, N.A.,
SII/I Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
: Court of Common Pleas
Plaintiff
: Civil Division
: Cumberland County
vs.
: No. 00-8675
VasiIiki T. PhilIipy
Or Occupants
21 Chestnut Street
Mount HoUy Springs, P A 17065
Defendants
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
Michele M. Bradford, being duly sworn according to law, deposes
and says:
1. I am employed in the capacity of Partner at the law firm of
Federman and Phelan, LLP.
2. In said capacity, I am familiar with the Motion for Summary
Judgment filed in the above captioned case,
3, This affidavit is given at the request of the panel of judges at the
March 28, 2001 oral argument on Plaintiff s Motion for Summary Judgment.
4. By letter dated February 12, 2001, Plaintiff filed its Motion for
Summary Judgment, Brief in Support thereof, exhibits, proposed order, and
Praecipe for listing case for argument.
5. Plaintiff sent a copy of this package to the Defendant, Vasiliki T.
Phillippy by regular mail on that date and filed a Certification of Service to that
~""
.L
f' OL~
,
effect with the Court. This certification of Service was also part of Plaintiff's
Motion for Summary Judgment package.
6. Subsequently Plaintiff received a post card from the Office of the
Prothonotary of Cumberland County dated March 8, 2001 informing the Plaintiff
that the case had been scheduled for argument on March 28, 2001, The post card
states, "Cumberland County Argument Court Rules 210-1 through 210-14 shall
be strictly enforced."
7, Cumberland County Rule 210-4 states that it is the responsibility of
the Prothonotary to notify all attorneys and unrepresented parties of the
Argument Court listing by regular mail. Plaintiff did not contact Defendant in
any manner with respect to notifying him of the March 28,2001 argument date,
as it was not Plaintiff's responsibility to do so.
8, Plaintiff's counsel relied upon the Cumberland County rules to the
effect that the Court would notify the opposition of the argument date, as is the
practice in all counties in the state of Pennsylvania except Westm
SWORN TO AND SUB~IBED
BEFORE ME THIS DAY!
OF il,2001.
NOTARY PUBLIC
NOTARIAl 0'0',
E~NA L. HOUS""O:-! ",:,'_,1 '-
City of Phil~'dG!"'J '':'ublic
-M.Y..QQm[n;:;s:~(',") .~ "nly
----, , __,,_., 2001
,\~~~~ij~g~~~~~J;~;~~l I
~~
~I, -
."
,~
ilMIIl~
,
I.,:
"
1'1
ji
I'l
!
!.i
1;-1
FEDERMAN AND PHELAN L.L.P.
By: Frank Federman, Esquire
Identification No. 12248
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, 1400
Philadelphia, PA 19103-1814
(215) 563-7000
,
i:i
,-!
Attorney for Plaintiff
KEYSTONE FlNANCIAL BANK, N.A.,
S/I/I FlNANCIAL TRUST COMPANY
2270 ERIN COURT
LANCASTER,PA 17604
Court of Common Pleas
Civil Division
I.,;
I"
!;~
i:
'J
v.
CUMBERLAND County
Term
V ASILIKl T. PHILLTI>Y
OR OCCUPANTS
21 CHESTNUT STREET
MOUNT HOLLY SPRINGS, P A 17065
No. 00- Pt.7S Qu~l 't~
CTVTT, ACTION - lUF.CTMFNT - l020
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within (20) days after this complaint and notice are served, by entering a
written appearance personally or by attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for and other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you,
You should take this paper to your lawyer at once. If you do not have a lawyer or cannot
afford one, go to or telephone the office set forth below to find out where you can get legal help.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
~. ~~.~
,1'_
) ,
,
1. Plaintiff is KEYSTONE FINANCIAL BANK, N.A., SIIIII FINANCIAL TRUST COMPANY.
2. Defendant is V ASILIKI T. PHILLIPY OR OCCUPANTS,
3, Plaintiff is the owner of premises located at 21 CHESTNUT STREET, MOUNT HOLLY
SPlUNGS, P A 17065, a legal description of which is attached.
(i
4, Plaintiff became owner of said premises by a Deed from the Sheriff of CUMBERLAND
County, which Deed was lodged and settlement made with the Sheriff (Abstract of Title).
5,
Plaintiff, by virtue of the above, is the owner of said premises, and is entitled to possession
thereof. The defendant is occupying the said premises without right and so far as the plaintiff is
informed, without claim of title,
I,:'!
,c.;
6,
Plaintiff has demanded possession of the said premises from the said defendant who has
refused to deliver up possession of same.
i;J
,
;I
Ii
I:-i
I
WHEREFORE, plaintiff seeks to recover possession of said premises,
':
;,
"j
;~
F PEDE
ttomey for Plain 'ff
~~~ ~
-
1
'... .. ,I
-w
.
4
~
ARACOR Search and Abstract Services, Inc.
One Penn Center, 1617 J.F.K. Boulevard, Suite 305
Philadelphia, Pennsylvania 19103
(215) 496-0900
FAX (215) 496-0904
RECORD OWNER AND LIEN CERTIFICATE
Effective Date: 6/23/2000
Order Number:
Client Number:
A42440
Premises:
21 CHESTNUT STREET, BOROUGH OF MOUNT HOLLY SPRINGS
CUMBERLAND COUNTY
PENNSYLVANIA
Based upon the examination of evidence in the appropriate public records, Company certifies that the
premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set
forth, This Certificate does not constitute title insurance; liability hereunder is assumed by the Company
solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two
Thousand Dollars.
DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Borough of Mount Holly Springs, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at the Northeastern corner of Chestnut Street at a limestone adjoining Lot No.3;
thence South along Chestnut Street, Eighty (80) feet to a limestone; thence West along land
formerly of John C. Trine, (erroneously written John C. Strine in prior deeds), now or formerly of
Rose C. Wolf, One Hundred Eighty-five (185) feet to a limestone; thence North along said land
now or formerly of John C. Trine, (erroneously written John C. Strine in prior deeds), Eighty (80)
feet to a limestone; thence along Lot No.3, on the Plan mentioned below (185) feet to a limestone,
the place of beginning,
BEING Lots Nos. 4 and 5 of the Mathew Moore Plot of the Town Lots having a width on Chestnut
Street of Eighty (80) feet and a depth along Lot No.3 of One Hundred Eighty-five (185) feet, and
being improved with a two and one-half story frame dwelling house known as a numbered 21
Chestnut Street.
TAX PARCEL NUMBER: 23-32-2336-202
~~~
~" .
)
" h.,
I'J""" "M'.
.
VERIFICA nON
Frank Federman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that
he is authorized to take this Verification, and that the statements made in the foregoing Civil
Action in Ejectment are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S.
Sec. 4904 relating to unsworn falsification to authorities.
~~
Fr Federman, Es ire
ttorney for PlamtI f
Date: J~/11 / tlJ
1!iilliildm~m.'WJ""',"",~:,-;:y~:,,,,,,.,:~""i'ii\ili1~~~Yfi,;~,""~',"li1R'-';~',j,"~;,;;",S";;;;;i;,"M'I!hb,j,:i:r<iG:blB-~'1;,"'~~I1If~m.~~~~~ .~
"
r"""'"
.
"N ~ ~ ~ (") 0 r:<
jt ~ C C> '1
'& s: c::>
,!i h ""UaJ p1 ..---;;
nip.... CJ ...:~;~ B
f9 . 2::0
"- ~ ~ Zf--. i t:"~J
(n~":'~ ill ---.. j
"'- '-<,,~ :..J').,.J.
1-J e:;Ci .:)~j
f "'0 ~~
. ~c> ~
~J -,'-
L--~
~ j7(d t,,)
L, --I
Z 'J'l '>
:;! .,...j ~
-'..'
-
~.i.,:
.." '" ...
FEDERMAN AND PHELAN, L.L.P.
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Snburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 56J.7000
Attorney for Plaintiff
Keystone Financial Bank, N.A.,
S/I/I Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
Court of Common Pleas
Plaintiff
Civil Division
: Cumberland County
vs.
: No. 00-8675
VasiIiki T. PhiIIipy
Or Occupants
21 Chestnnt Street
Mount Holly Springs, P A 17065
Defendants
C.FRTIFTC A nON OF SFRVTCF,
I hereby certify a true and correct copy of the foregoing Plaintiffs Affidavit in Support of its
Motion for Summary Judgment and Certification of Service was served by regular mail on Defendant on the
date listed below:
VasiIiki T. Phillipy
2 I Chestnut Street
Mount Holly Springs, PA 17065
L.
DATE:~
iche M. Bradforo, Esquire
Attomey for Plaintiff
0'
I ,~ - ",
J
FEDERMAN AND PHELAN, L.L.P.
By: MICHELE M. BRADFORD, ESQUIRE
Identification No. 69849
One Penn Center at Snburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
: Attorney for Plaintiff
Keystone Financial Bank, N.A.,
S/I/I Financial Trust Company
2270 Erin Court
Lancaster, PA 17604
: Court of Common Pleas
Plaintiff
: Civil Division
: Cumberland County
vs.
: No. 00-8675
Vasiliki T. PhiUipy
Or Occupants
21 Chestnut Street
Mount HoUy Springs, P A 17065
Defendants
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
'I
I
,I
:1
:i
,
!,i
II
I
,
I
I
:1
,
I
I
I
II
,I
~
II
"
I
'I
i
I
Michele M. Bradford, being duly sworn according to law, deposes
and says:
1. I am employed in the capacity of Partner at the law firm of
Federman and Phelan, LLP.
2. In said capacity, I am familiar with the Motion for Summary
Judgment filed in the above captioned case.
3. This affidavit is given at the request of the panel of judges at the
March 28, 2001 oral argument on Plaintiff's Motion for Summary Judgment.
4. By letter dated February 12, 2001, Plaintiff filed its Motion for
Summary Judgment, Brief in Support thereof, exhibits, proposed order, and
Praecipe for listing case for argument.
5. Plaintiff sent a copy of this package to the Defendant, Vasiliki T.
Phillippy by regular mail on that date and filed a Certification of Service to that
,'I'
,I:' _ ~, "
."'~ ~-~ >
., ~
effect with the Court. This certification of Service was also part of Plaintiff's
Motion for Summary Judgment package.
6. Subsequently Plaintiff received a post card from the Office of the
Prothonotary of Cumberland County dated March 8, 2001 informing the Plaintiff
that the case had been scheduled for argument on March 28,2001. The post card
states, "Cumberland County Argument Court Rules 210-1 through 210-14 shall
be strictly enforced."
7. Cumberland County Rule 210-4 states that it is the responsibility of
the Prothonotary to notify all attorneys and umepresented parties of the
Argument Court listing by regular mail. Plaintiff did not contact Defendant in
any manner with respect to notifying him of the March 28, 2001 argument date,
as it was not Plaintiff's responsibility to do so.
8. Plaintiff's counsel relied upon the Cumberland County rules to the
effect that the Court would notify the opposition of the argument date, as is the
practice in all counties in the state of Pennsylvania except WestIn eland County.
...
SWORN TO AND SUBS<;:RIBED
BEFORE ME THIS i:t-- D
OF iI, 2001.
NOTARIAL SEAl
EDNA L HOUSTON--
City of Phi1adeJDhi;.' ,;.~j,; -';\,' Public
)i..ssion ,~": <' ", ' iunty
'--' "':;:--'-_.. __ -- :,2001
NOTARIAL SEAL
EDNA L, HOUSTON, Notary Publie
-M City e/ Phl~~delphia, Phila, County
--,-,l(.,~,~~&OB"es Dee, 4, 2001
"""~"~:l"liMl~!!!~!~.:iWiil.~--"""~~'wkt'~~'~!~,",I.h..;j~~*";W;;;;,l\,,t<l:~~l1;;tIitilt;l;-I"ii1Jil;ta1f~ .~,tWlJ~
~1i~rlti
~"-~-" -,'-
N_,"~,
~ ~- ""'--",,~,,-,
,",. ""'~"""~"-="'~'"
,~_ ~.J
.'
j
....,!
;.
C) c,
c:
:;:2'" T~
V [~; -::>
rn - "
Z
z L
[j~ ~.-.;
~~ ,-
'-
:~~ , , .
5, ~,' 1','
'.
.- :~)
-< \ 0
"