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HomeMy WebLinkAbout07-4276Phelan, Hallman & Schmieg, LLP By: Francis S. Hallman, Esquire Identification No. 62695 One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215)563-7000 The Bank Of New York Trust Company, NA, As Successor To JP Morgan Chase Bank N.A. As Trustee 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 v. David E. Dick Or Occupants 4 Mountainview Drive Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County Term No. pr(_ ~a7lo C ivi ( Term CML ACTION -EJECTMENT '°*This firm is a debt collector attempting to collect a debt and 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 be an attempt to collect a debt, but only enforcement of a lien against property ** 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. If 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 PHS #: 158595 1. Plaintiff is The Bank Of New York Trust Company, NA, As Successor To JP Morgan Chase Bank N.A. As Trustee. 2. Defendant is David E. Dick Or Occupants. 3. Plaintiff is equitable owner of premises located at 4 Mountainview Drive, Carlisle, PA 17013, a legal description of which is attached. 4. Plaintiff became owner of said premises as a result of foreclosure and judicial sale by the Sheriff of Cumberland County, on July 11, 2007. 5. Plaintiff, by virtue of the above, is the equitable 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. 6. Plaintiff has demanded possession of the said premises from the said defendant who has refused to deliver up possession of same. WHEREFORE, plaintiff seeks to recover possession of said premises. ...5' F ancis S. Hallinan, Esquire Attorney for Plaintiff ,t f- ,, ; ,.~ i r ALL THAT CERTAIN .~ at land, situate tit Nar1t+ Middiamn Township; Cun~b.ciand County. P~nayivamia; bounded atld se t+ollows: BEItvG Lot No. 73 on tl~a Plan Of Craalc view Heights, Section 'E", as r~nded in the Ottioe. of the Rr of Desch for Gumberletad caurtty in Phm &ook 30, Page t5~ coMehdnB~ 103.70 tees; sioog the West alatg Maat~t ~Yiaw+Drl-~e; Ming 61.78 feet slang ttls caave teedinp tD Stuen Lie; canteinUtg 86.07 feet abng. the 9auQtidong. StJSpn Lana ~ ahawn on said Plan; c~Onisiring 142.47 lest along the East clang Lots of libN Mahar as siia~wn an said Plaex and contah~,g 125.04 feet aiang ttsa North along land haw ar fafrrletiy df HOOIfaT Lebo. & NaalCe, 88 ahaYlfn an said P-mn. CON'TA~gNt317,5+W feat, tsUt3JEC4, tVEYEii7'HELESS is qte bu8ding and use resbictions as ~ecordsd to the Ofllas afvr+seaid to NAaaallaneous gook 187 Paps 10tf0. UNDER AND Sl19JEC7 tQ oo~nanb,:oand<tions. rsaervatlona. rssftlatfoc~, easarrtents snd right otways of n~cor~d. BgNt3 PARt OF?H£ SAME PRl:M18ES which Hooke Lal~o & Hoake~ a partttership.oornpa~sed of VU'iGierrt H. Hooka taeorge 0: Lebo and Wgiem H. Hoolaa, ,tr« by Deed dated May 30;1086. and recorded May 30,1984 In the Qt'Hos of the ~ReGaber of Deeds Nt and f~Cumberiand Cuocmty. `Psn~n~ya~yivaNa M DaetS Soak X~1; Page 562,.~tted and con\-eyed unoa 13+e~cudR C. Pry end June C. RY• . BEING KNOWN AS: 4 MOUNTAINVIEW DRIVE, (MIDDLETON TOWNSHIP} CARLISLE, PA 17013 PROPERTY TD NO.: 29-16-1096-176 TITLE TO SAID PREMISES IS VESTED IN DAVID E. DICK,.. SINGLE PERSON BY DEED FROM DENNIS C. FRY AND JUNE C. FRY, HUSBAND AND WIFE DATED 05/2(?/05 RECORDED 06/06/05 IN DEED BOOK 269 PAGE 1167. VERIFICATION Francis S. Hallman, Esquire hereby states that he is the Attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the~court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to take this Verification, pursuant to Pa. R.C.P. 1024 (c) 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of t 8 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ''7 ~~ D7 ~-,,~-1.~/nC~ S ~/Gt,.~C.~Jl~yy~ F ncis S. Hallman, Esquire Attorncy for Plaintiff ~ ~ ~ ~ C u ~ `: - ~ oo - __., n ..p ~ r-iZ?? ~ r~ v1 ~ t w ~'~ , r.-w ~ ~ ~ ~ ~ ~< ~ ~'`-= ~ =' _ tit .._ ~~~ J~,. .w^ [., 1 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-04276 P ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS DICK DAVID E R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DICK DAVID E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED as to the within named DEFENDANT 4 MOUNTAIN VIEW DRIVE CARLISLE, PA 17013 DICK DAVID E ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff ' s Costs : So answers : ~,~... .....-----~ _ _ _., Docketing 18.00 ~ ~~~~~ __---- .,~~_- _ Service 17.28 Affidavit .00 R. Thomas K ine Surcharge 10.00 Sheriff of Cumberland County .00 S~~a~~? ~~., v 45.28 PHELAN HALLINAN SCHMIEG 08/20/2007 Sworn and Subscribed to before me this day of , A.D. PHELAN, HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 The Bank of New York Trust Company, N.A. As Successor to JP Morgan Chase Bank, N.A. as Trustee vs. David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4276 Civil Action in Ejectment MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Michele M. Bradford, Esquire moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant(s) by certified mail and regular mail, and in support thereof avers as follows: Plaintiff commenced this action by filing a Complaint in Ejectment. 2. Attempts to serve Defendant(s) with the Complaint have been unsuccessful. Plaintiff attempted to serve the Defendant(s) on August 20, 2007 , as indicated by the Affidavit of Service attached hereto as Exhibit A. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results from there are attached hereto as Exhibit B. 4. Plaintiff submits that is has made a good faith effort to locate the Defendant(s), but has been unable to do so. Plaintiff verified through property inspection on October 26, 2007 that the property was occupied by an unknown person. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint and all future pleadings by certified mail and regular mail and posting of the premises. DATE: November 1, 2007 ~~ `'~'~ LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ATTORNEYS FOR PLAINTIFF • SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-04276 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS DICK DAVID E R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DICK DAVID E but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT NOT SERVED as to the within named DEFENDANT DICK DAVID E 4 MOUNTAIN VIEW DRIVE CARLISLE, PA 17013 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE, WE WERE UNABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff ' s Costs : So answers : _._.---7 Docketing 18.00 Service 17.28 -- Affidavit .00 R. Thomas K ine Surcharge 10.00 Sheriff of Cumberland County .00 45.28 PHELAN HALLINAN SCHMIEG 08/20/2007 Sworn and Subscribed to before me this day of , A.D. FRS REASONABLE INVESTIGATION AFFIDAVIT OF GOOD FAITH EFFORT INVESTIGATION LOAN NUMBER: 158595 ATTORNEY FIRM PHELAN, HALLINAN & SCHMIEG, LLP CASE NUMBER: 07-4276 Civil SUBJECT: David E. Dick or occupants LAST KNOWN ADDRESS: 4 Mountain View Drive, Carlisle, PA LAST KNOWN NUMBER: n/a I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER: n/a B. EMPLOYMENT SEARCH- Unable to locate employment information C. INQUIREY OF CREDITORS: Unable to locate good employer for subject II. INQUIRY OF TELEPHONE COMPANY A. The directory assistance has Directory Assistance lists the property address with a phone number of n/a. III. INQUIRY OF NEIGHBORS 1. Contacted phone registered to Delores Danser at 2 Mountainview Drive, Carlisle, PA (717)- 249-3578, no information was provided. 2. Contacted phone registered to Robert H. Albright at 7 Mountain View Drive, Carlisle, PA (717)- 249-5004, no information was available. IV. INQUIRY OF POST OFFICE A. NATIONAL ADDRESS UPDATE: As of October 3l, 2007, the National Change of Address (NCOA) has no change for subject from last known address. V. MOTOR VEHICLE REGISTRATION A. MOTOR VEHICLE AND DMV OFFICE No Motor Vehicle Registration is available for subject. VI. OTHER INQUIRIES A. DEATH RECORDS As of October 31, 2007 ,the Social Security Administration has no death record on file for subject. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC) None Found C. COUNTY VOTER REGISTRATION N/a D. PROPERTY INSPECTION The subject premises was inspected on October 26, 2007 ,and confirmed the subject premises remains occupied. VII. ADDITIONAL INFORMATION ON SUBJECT N/A * All accessible public databases have been checked and cross-referenced for the above named individual(s). * Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. -~ i Affiant: Joseph ardellis Foreclosure Review Services, Inc. S bscri ed and sworn before me on October 31, 2007 COMMONWEALTH OF PENNSYLVANIA otary Public NOTARIAL SEAL CHARMINE BASS. Notary Public City of Philadelphia, Phila. Co ~ ty2010 Seal: My Commission Expires February The above information is obtained hom available public records and we are only liable for the cost of the affidavit. PHELAN, HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103 (215)563-7000 ATTORNEY FOR PLAINTIFF The Bank of New York Trust Company, N.A. As Successor to JP Morgan Chase Bank, N.A. as Trustee vs. David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 Court of Common Pleas Civil Division Cumberland County No. 07-4276 Civil Action in Ejectment MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR_ SERVICE PURSUANT TO SPECIAL ORDER OF COURT Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Although Plaintiff has attempted to serve Defendant(s) with the Complaint, Plaintiff s attempts have been unsuccessful. A true and correct copy of the Affidavit of No Service is attached hereto, made part hereof, and marked Exhibit A. Accordingly, Plaintiff ordered an investigation into the whereabouts of Defendant(s). A true and correct copy of the Affidavit of Reasonable Investigation is attached hereto, make part hereof, and marked Exhibit B. The Affidavit reflects that Plaintiff s investigator has make at least three types of inquiries listed under Rule 403.1(B)(1). Copies of any written responses obtained are attached to the Affidavit. The Affidavit also specifies the inquiries made, responses made, and dates thereof, in accordance with Rule 430.1(B)(2). As Plaintiff's within motion and its affidavit are both in compliance with the applicable Pennsylvania and local rules, Plaintiff respectfully requests that its motion be granted. WHEREFORE, Plaintiff respectfully requests permission to serve the Complaint and all future pleadings by certified mail and regular mail and posting of the premises. Respectfully submitted: DATE: November 1.2007 ~~"~~ ~ ~'~'~'~~ LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ATTORNEYS FOR PLAINTIFF VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: November 1, 2007 r~~ rte, g~G~.~. LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ATTORNEYS FOR PLAINTIFF PHELAN, HALLINAN &SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103 (Z 15) 563-7000 The Bank of New York Trust Company, N.A. As Successor to JP Morgan Chase Bank, N.A. as Trustee vs. David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4276 Civil Action in Ejectment CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Motion for Service Pursuant to Special Order was served by first class mail on the Defendant (s) on the date listed below: David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 DATE: November 1.2007 ~~-~iC_7~ LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ. Id. No. 58745 SHEETAL SHAH-JANI, ESQ. Id. No. 81760 JENINE DAVEY, ESQ., Id. No. 87077 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 JOSEPH P. SCHALK, ESQ., Id. No. 91656 ANDREW SPIVACK, ESQ., Id. No. 84439 MARK PECARCHIK, ESQ. Id. No. 70463 ATTORNEYS FOR PLAINTIFF ..,,,,~ ~ ~ Fem.. i '_ ! »_. ' ~~ _ _~ f'; (, ~ti~ ! _r„ i J .. ..f ~„Y THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JP MORGAN CHASE BANK, N.A., AS TRUSTEE, Plaintiff v. DAVID E. DICK OR OCCUPANTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4276 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of November, 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that Plaintiff may serve the Complaint in Ejectment upon the Defendants by (1) mailing a true and correct copy of the complaint by certified mail and regular mail, to Defendants' last known address at 4 Mountainview Drive, Carlisle, PA 17013, service to be complete upon mailing, (2) publication once in the Cumberland Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, and (3) posting the premises at 4 Mountainview Drive, Carlisle, PA 17013. SUBSEQUENT papers may be served by regular mail to Defendants at the aforesaid Mountainview Drive address with service to be complete upon mailing. BY THE COURT, J. Michele M. Bradford, Esq. ~ ¢ne Penn Center at Suburban Station 1617 John F. Kennedy Blvd. y Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff ~~Nd.,Yllor T,- \1 T v v ~'j~~~'n uG"N~i __ ~:~9f~Jr'l~ ~ 'g ~~ 9 ~ AO~d 1001 ~~`d1QP~~~t;dd a~ .~0 ~~t~~~~ PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center at Suburban Station 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 The Bank of New York Turst Company, N.A as Successor to JP Morgan Chase Bank N.A. as Trustee Plaintiff vs. David E. Dick Or occupants Defendants Attorney for Plaintiff Court of Common Pleas Civil Division NO. 07-4276 Civil Cumberland County PRAECIPE TO REINSTATE CIVIL ACTION/EJECTMENT TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Ejectment with reference to the above captioned matter. Q~ Fr ncis S. Hallinan, Esquire ttorney for Plaintiff Date: ~Trn~ember 21?0~_7 C'.~ r.,a C;_ ~,a ~~~ ^; ~ ~t r t,~ ~.±;~ .. f~-~ ~, p . ~.L Yi ~~ °~ •~ ~,) ~., ~a ~:,. ~.~ `',~ '77 ~ fl t R7 ~' •.. ; ..: b y ~ '`A. .~ PHELAN HALLINAN & SCHMI~G, LLP. BY: Francis S. Hallman, Esquire I.D. #62695 1617 JFK Boulevard '~~>` Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 The Bank of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee V. David E. Dick or occupants .4 ~ z-..;.+~5' '~°~~')iTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-4276 AFFTT)AVTT nF SF.1~'VT~~ VTA RF.C~TIT.AR ~ C'RRTTFTRT) MATT. Av.'~b ~' I hereby certify that a true and correct copy of the Complaint in Ejectment in the above captioned matter was sent by Regular and certified Mail, return receipt requested, to the Following person(s) 17avid F hick nr ncrnnantc at 4 MnnntainviPw T)rivp~ Carlicle~. PA 17(113 nn T7pePmhpr ~n 2nn7 In accordance with the Order of Court dated NnvpmhPr 1'~, 2pfl7 The undersigned understands that this is subject to the Penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn Falsification to authorities. ~~~~~~ rands S. Hallman, Esquire Attorney for Plaintiff Date: .:. ~. , ~. T~arPmhar 1(1. 7(ln7 ~ '~ o.. -, ;r l ;.i l `I j ,~ :-c- _ . ry ~, "-'s i' .'_ ~` ~ r SHERIFF'S RETURN - REGULAR CASE N0: 2007-04276 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS DICK DAVID E DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT DICK DAVID E was served upon DEFENDANT the at 1624:00 HOURS, on the 5th day of December 2007 at 4 MOUNTAIN VIEW DRIVE CARLISLE, PA 17013 by handing to FOSTED AT 4 MOUNTAINVIEW DR CARLISLE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 18.00 ~~ 4.80 V~r'~ _ s~-a^-,~°~,r'~'~,,_...+t.dd 6.00 10.00 R. Thomas Kline .00 38 . so 12/06/2007 /~z/i%`7 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this day of / / eputy Sheriff A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-04276 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST CO THE VS DICK DAVID E DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon OCCUPANT the DEFENDANT at 1624:00 HOURS, on the 5th day of December 2007 at 4 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 POSTED AT 4 MOUNTAINVIEW DR CARLISLE by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge So Answers: 6 . 0 0 } .r: _; ~,. ,. .. . 0 0 r..,.~~' ~~. 6.00 10.00 R. Thomas Kline .00 22.00 12/06/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to before me this ~~~ day Deputy Sheriff of A.D. Phelan, Hallinan & Schmieg, LLP. Francis S. Hallinan, Esquire ID #62695 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 The Bank of New York Trust Company N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee Court of Common Pleas Civil Division v. David E. Dick or occupants Cumberland County No 07-4276 I hereby certify that the above captioned matter was published in The Sentinel nn D . ember 12, 2(1(17 and the C'~mberland .n mtr~ i.aw .io~rnal nn De .emh .r 21,E pursuant to the court order dated November 13, 2007. True and correct copies of the Affidavits proving the aforementioned, are attached hereto. The undersigned understands that this is subject to the Penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn Falsification to authorities. =-~ , ancis S. Hallinan, Esquire Attorney for Plaintiff Date: 7annan~, 2~nR r PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTIlVEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTIl~IEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regulalr editions and issues of THE SENTINEL on the following day(s) December 12, 2007 ~MIF~IY~r~rl l~~+ +fiiw n ~rr~Y ~ ! 9 •~yw WdWyv-.r- - - -., a..,,..~:.w.. .ru...k_.~ TN~ ~Y .~ zt~ ~} ~_ ,. ~.1~.:^?'Y .] to p.,. ` ' 1 .-. - ~, ~ ,.1. ~.~, t~ ~ ~~ cw~ i~c ' ~` yam, ~: a ~~ ..R~. .Y illo.'~ . ~ is „_ ..`~ ,_ Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me 'this 12th. day of December, 2007. Notary Pub ~~~., My commission expires: ~7~1 f COMMONWEALTH OF PENNSYLVANIA Notarial Sera) Christina L WoIFe, Notary Public CarNsle Boro, G~mberfarxi co„r,~y MY Corrxnission Expires Sepk 1, 20p8 Member. Pennsylvania Assodation Of Notaries ","`' COPY OF NOTICE OF PUBLICATION w.. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of'the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz December 21, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Marie Coyne,~'ditor SWORN TO AND SUBSCRIBED before me this 21 day of December, 2007 Notary NOTARIAL SEAL DEBORAH A COLI.INS Notary Public CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN F..TECTMENT In the Court of Common Pleas of Cumberland County, PA Civil Action-Law No. 07-4276 Civil The Bank of New York Trust Company, N.A. as Sucessor to JP Morgan Chase Bank, N.A. as Trustee David E. Dick or occupants NOTICE TO: David E. Dick or occupants: You aze hereby notified that on July 20, 2007, Plaintiff The Bank of New York Trust Company, N.A. as Sucessor to JP Morgan Chase Bank, N.A. as Trustee filed an Ejectment Complaint endorsed with Notice to Defend, against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at 07-4276 Civil. Wherein Plaintiff seeks to Evict all occupants at the property 4 Mountainview Drive, Carlisle, PA 17013 whereupon your property was sold by the Sheriff of Cumberland County. You aze hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or Judgment will be entered against you. **This firm is a debt collector at- tempting to collect a debt and 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 be an attempt to collect a debt, but only enforcement of a lien against property 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 appeaz- ance 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 any 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. If you cannot afford to hire a lawyer, this office maybe able to provide you with information about agencies that may offer legal services to eligible per- sons at a reduced fee or no fee. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dec. 21 13 ~`~ Cw, ~ -xa ;~, --r C.,. _ f , ti~ .. _ i w{ 4_-y :~ / -_ --= ~ rt1 '~~. •' "~ r..s µ s+~ PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza., Suite 1400 Philadelphia, PA 19103 (215)563-7000 The Bank Of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A., as Trustee vs David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4276 Civil Cumberland County Kindly enter Judgment in Ejectment in favor of the Plaintiff, The Bank Of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A., as Trustee and against the Defendant(s) David E. Dick and or occupants for possession of premises 4 Mountainview Drive, Carlisle, PA 17013 for failure to file an Answer within twenty (20) days of service. I hereby certify that according to Rule 237.1, written 10-day notice of Plaintiffs intention to file a praecipe for Entry of default Judgment was mailed to Defendant(s), a true and correct copy of which is attached hereto. F ncis S. Hallinan, Esquire Attorney for Plaintiff Default Judgment entered as indicated above. DATE PHELAN HALLINAN & SCHMIEG By: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 The Bank Of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A., as Trustee vs David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4276 Civil Cumberland County Francis S. Hallinan, 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) is/are 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 David E. Dick Or occupants, is over 18 years of age, and resides at 4 Mountainview Drive, Carlisle, PA 17013 . This statement is made subject to the penalties of 18 PA. C.S.S 4904 relating to unsworn falsification to authorities. J CZ~C.~.C~~'Z~~~ F ancis S. Hallinan, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG Francis S. Hallinan, Esquire ID# 62695 One Penn Center, Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 (215)563-7000 The Bank of New York Trust Company N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee vs David E. Dick Or Occupants TO: David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 DATE OF NOTICE: j]anua 11, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION No. 07-4276 Civil Cumberland County **This firm is a debt collector attempting to collect a debt and 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 be an attempt to collect a debt, but only enforcement of a lien against property.** ZIMPnRTANT NnTiCF. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY COURTHOUSE COURT ADMINISTRATOR 4TH FLOOR CARLISLE, PA 17013 (717} 240-6200 rancis S. Hallinan, Esquire Attorney for Plaintiff ~T p ~ ~ ..~ 9~' ~r T d D 3 rJ ` m C7 `' ~-a t"{ cr,9 .--I ~ ` ~'t ~ ~+,~ ~, t `'i ~~ Ee.J c-' '.«] .-C ~j't ~ .,. PRAECIPE FOR WRIT OF POSSESSION COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland The Bank Of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A., as Trustee COURT OF COMMON PLEAS CIVIL DIVISION vs David E. Dick or occupants 4 Mountainview Drive Carlisle, PA 17013 No. 07-4276 Civil Cumberland County PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Issue Writ of Possession in the above matter for possession of: 4 Mountainview Drive,. Carlisle, PA 17013 , **PLEASE SEE THE ATTACHED LEGAL DESCRIPTION*** Being Known as No. 4 Mountainview Drive .mot-4'~ ~ ~' ~\ F ncis S. Hallinan, Esquire ATTORNEY FOR PLAINTIFF 4 r l ~ ~a r ~ ~ $~ t.~.~ ~ q-'- r~.~ .~ -~'"1 ~ Ali ~ -F O o'~o ~i oho ~ „~~ ~ c._ ' ~ i ~ S °° o° °o$'0~~8 ~~ ,~- D = _ _ (~ b _ ~_ ~- _ > ~ c ~, :~a ~. , --~: 1 C .`f :; ~ '` f s Y' ALL Tw4t Cl:RTAiN tract cR lend,afdiste in North Middlatnn Tovmahip; Cumtae~d County. Panrtay[v~fle; bounded and deaoribad as totloiaa: gl:1NG Lot No. T5 vn ttta Plan of Creslc view Heights, Sacgoa "E', as reC~+ded M the pQbe~ of the Recoedet' of Dssds for Cumbedead County in Plan Hook 86, Paps !~ oantsMrtg 108.70 feet akmg the West atang llArnattaln Vlenr~tlriye; ootdaktktg 61.78 feet akxp tits save iead)ng bD Susan Lane; cor~iNnB 86.07 teat: akutg. tt~e 9outllr~eiottg. Susprt Lars sa shown oft said Plan; g 14267 toot alo[py the Ea9t alallp -L,ots of NoN Maeor as shown on said PIS and oortmatktp 1?5.04 teat akmg ttta North along land now or torrnetty of Hooke, Lebo- & Hooke, es ahovm an said Pi:m. COlVTAWINO 1T,5+W egttare Boot, &UBJECY. NEYER't11ELESS bo the bu8dittg and ttae restrkalorrs as ~_ In the Olrloe afvre~asM in Misoaibneous 94ok 1 O7, Pala 1064. UPtaER ANO $UBJEC'T b oo~rertsltts,:oonditkxts. rssetvadotts. ~atriottans, saeaments and risM ot'ways of record. BEfNt3 PART OFTHE SAME PRQ~113ES vAtk~t iiooice, Lebo & Hooke, a partrtership.oornposed of Wham H. i<iooke. George O. Lebo one! Wttibl'tt H. Hooks, Jr„ bg- Deed daEed May 80; 1086. and recorded May 30,1988 In the Oltioe of tha ~Recofder o? Deeds kt and for Cumbettand C,a.mty. P~ in Deed Book X~t; Page 552,,9reutted and conveyed undo Qanrds C. >=ry and June C. try, his urge. , BEING KNOWN AS: 4 MOUNTAINVIEW DRIVE, (MIDDLETON TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 29-16-1096-176 TITLE TO SAID PREMISES XS VESTED IN DAVID E. DICK,. SINGLE PERSON BY DEED FROM DENNIS C. FRY AND JUNE C. FRY, HIISBAND AND WIFE DATED 05/20/05 RECORDED 06/06/05 IN DEED BOOK 269 PAGE 1167. lot 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.} IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY, N.A. as Successor to JPMORGAN CHASE BANK, N.A., as Trustee VS. No. 07-4276 Civil Term_ DAVID E. DICK or Occupants 4 Mountainview Drive Carlisle, PA 17013 Costs Attorney's $ 232.58 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A., as Trustee being: (Premises as follows): 4 Mountainview Drive, Carlisle, PA ]7013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Curtis R. ong, Proth ary, Common Pleas of Cumbe nd County, PA Date 1/24/08 (Seal) '-~ r 2of2 No 07-4276 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A., as Trustee VS. DAVID E. DICK WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 232.58 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIRE PHELAN HALLINAN & SCHMIEG ONE PENN CENTER PLAZA, SUTIE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID# 62695 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy ~iY , ~ ~'( • -y.. 1 ~C---J By virtue of this writ, on the 5 tl~y of March 2008 I caused the within ~E~~~ + ~=; .-- ~- named Eia n k o f N e ca York A t a ].+ to have possession of the premises described~tl~~ X X X X ;''-_Y., ~~~~~~d 1i Mnimtai nvi Pw l~r ~ C'arl~i :~1 , PA 1 701 3 ~==-J ~-~-7, Sworn and subscribed to before me this Day of , So Answers, Sheriff " By - ~ O .LZI~I ~- -~ t1 Sheri€f's Return: Advance Costs: 150.00 Sher~.ff's Costs: 76.30 Docketing 18.00 73 70 Surcharge 20.00 . Prothy Poundage 2.00 1.50 Refunded to Atty on 3/5/08 Possession 30.00 Milage 4.80 ,~ ZZ AI 'd 8Z Ntlf 8001 d31a3NS 3H1 ~0 ~~Id~O 9, U'd e~ ~Lz~9~ ~ ~vG ~1 g t loft No 07-4276 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A., as Trustee VS. DAVID E. DICK WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 232.58 Plff (s~ $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: FRANCIS S. HALLINAN, ESQUIIZE PHELAN HALLINAN & SCHMIEG ONE PENN CENTER PLAZA, SUTIE 1400 PHILADELPHIA, PA 19103 215-563-7000 ID# 62695 By virtue of this writ, on the named appurtenances, and Attorney for Plaintiff (s) Where papers may be served day of I caused the within _, to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy .~ Y _. lof 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY, N.A. as Successor to JPMORGAN CHASE BANK, N.A., as Trustee VS. No. 07-4276 Civil Term_ DAVID E. DICK or Occupants 4 Mountainview Drive Carlisle, PA 17013 Costs Attorney's $ 232.58 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A., as Trustee being: (Premises as follows): 4 Mountainview Drive, Carlisle, PA 17013 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 1/24/08 (Seal) Curti R. Long, Pro ary, Common Pleas ourt of Cum land County, PA PHELAN HALLINAN F~ SCHMIEG, LLP By: Francis S. Hallinan Esquire Atty. I.D. No.: 62695 One Perin Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 The Bank of New York Trust Company N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee vs. Plaintiff David E. Dick or occupants Defendant(s) Attorney for Plaintiff Court of Comman Pleas Cumberland County No. 07-4276 PRAECIPE TO WITHDRAW COMPLAINT, SATISFY JUDGMENT AND DISCONTINUE AND END ACTION. WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, satisfy the judgment entered on this case discontinued and ended, upon payment of your costs only. 3 ~ ~~. Date Fr cis S. Hallinan ttorney for Plaintiff PHS# 158595 ~: ~° 4 ' ,,~ ~~ a "T: .~: ? ~',. '.~ _' ,-~„ ^G: