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HomeMy WebLinkAbout07-2189PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 150402 FV-1, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. CRAIG A. PAXTON PAULA E. PAXTON A/KJA PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 --;21p/ l.:tvt L`a.,-7 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 150402 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 twenty (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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 150402 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 150402 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 150402 1. Plaintiff is FV-1, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1934, Page: 2184. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 150402 6 The following amounts are due on the mortgage: Principal Balance $100,596.54 Interest $9,057.09 03/01/2006 through 04/17/2007 (Per Diem $21.93) Attorney's Fees $1,250.00 Cumulative Late Charges $37.05 11/30/2005 to 04/17/2007 Cost of Suit and Title Search 550.00 Subtotal $111,490.68 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $111,490.68 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 150402 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $111,490.68, together with interest from 04/17/2007 at the rate of $21.93 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL HALL AN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150402 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon found, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set near the westernmost dedicated right-of-way line of Torway Road (T-534), said pipe marking the common point of adjoiner with Lots #3 and #4 on the hereinafter mentioned plan of subdivision with the westernmost dedicated right-of-way line of Torway Road; thence departing from the right-of-way line of Torway Road and extending along Lot #3, North fifty-three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty-eight and sixty-eight hundredths (338.68) feet to an iron pipe at lands now or formerly of Ralph Rice; thence extending along lands now or formerly of Ralph Rice, North thirty-four (34) degrees twenty-two (22) minutes thirty (30) seconds East, for a distance of fifty-five and eleven hundredths (55.11) feet to an iron pipe at Lot #5 on the hereinafter mentioned plan of subdivision; thence extending along Lot #5, South seventy-six (76) degrees fifteen (15) minutes zero (00) seconds East, for a distance of three hundred twenty-nine and sixty-four hundredths (329.64) feet to an iron pipe set on the westernmost dedicated right-of-way line of Torway Road; thence extending in and along the westernmost dedicated right-of-way line of Torway Road by an arc or curve to the right having a radius of four hundred seventy-two and six hundredths (472.06) feet, a chord bearing of South twenty-five (25) degrees seven (7) minutes thirty (30) seconds West, for a chord distance of one hundred eighty-six and twenty-one hundredths (186.21) feet, for an arc distance of one hundred eighty-seven and forty-four File #: 150402 hundredths (187.44) feet to an iron pipe on said dedicated right-of-way line at Lot #3, said pipe marking the place of BEGINNING. CONTAINING 40,568 square feet, and being designated as Lot #4 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward L. Mort, Registered Surveyor, dated March 20, 1985, recorded in the Office of the Recorder of Deeds in and for Cumberland County, eRRonEously REfERREd to as York County in prior deed Pennsylvania in Plan Book 48, at page 102, and being known and municipally numbered as 820 Torway Road, Gardners, PA 17324. BEING THE SAME PREMISES which HaRmon GRavEs Company, a PEnnsylvania corporation, by deed dated April 25, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 33-J, at page 368, granted and conveyed unto Harry H. Fox, Jr. and Ann G. Fox, husband and wife. PREMISES: 820 TORWAY ROAD File #: 150402 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for 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 on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and 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 unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: q111 rC) ,? - ,; 1 TD 771 I PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FV-1, INC. 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff, V. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2189-CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CRAIG A. PAXTON and PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $111,490.68 Interest from 04/18/07 to 05/31/07 $964.92 TOTAL $112,455.60 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. r. P A .A NIEL SCH G, ESQUIRE Attorney for Plainti DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:JU,_ZVA/, loo? R PROTHY 150402 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FV-1, INC. 3476 STATEVIEW BLVD V. Plaintiff, CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2189-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the 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 CRAIG A. PAXTON is over 18 years of age and resides at, 820 TORWAY ROAD, GARDNERS, PA 17324. (c) that defendant PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER is over 18 years of age, and resides at, 820 TORWAY ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FV-1, INC. 3476 STATEVIEW BLVD CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). CIVIL DIVISION NO. 07-2189-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 9 ?.( 200'x. By. Y ?}- v If you have any questions concerning this matter, please contact: D"AufikL-?'t DANIEL G. SCH EG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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." PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 FV-1, INC. : COURT OF COMMON PLEAS Plaintiff Vs. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendants TO: CRAIG A. PAXTON 820 TORWAY ROAD GARDNERS, PA 17324 DATE OF NOTICE: MAY 11.2007 CUMBERLAND COUNTY NO. 07-2189-CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. 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. CIVIL DIVISION CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 FV-1, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS : NO. 07-2189-CIVIL TERM A/K/A PAULA E. WARDECKER Defendants TO: PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 DATE OF NOTICE: MAY 11, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 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. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 lu'- 5 - F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Z a? W ?? s? > a w a Q 5?=j :s p 91 L'7? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FV-1, INC. V. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). No. 07-2189-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $112,455.60 Interest from 05/31/07 to SEPTEMBER 5, 2007 $1,793.53 and Costs (per diem -$18.49) Add'I Costs $2,303.50 TOTAL $116,552.63 lzl)Ll,?ZLI) DANIEL G. HMIEG QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150402 Plaintiff, d Oz '? a v r o? oa ? A 0 v N? 0 co, o O H 3w w? NOAd O w a' d ? W da ? aQ O a ?ddQd,,, W? Y v J PAZ,.* ^? y y r ? ?. y V ? w VA • ri LA n ? <r 'd' N ? as ?W z? ?d c? ?' Q N a ?d ? Q OQ H ? N N a?i d ao pO d 0 ? 3 V V rX c? 7 t? %A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2189 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FV-1, INC., Plaintiff (s) From CRAIG A. PAXTON, PAULA E. PAXTON A/K/A PAULA ANDREWS AIWA PAULA E. WARDECKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,455.60 L.L. $.50 Interest FROM 5/31/07 TO 9/5/07 (PER DIEM - $18.49) - $1,793.53 AND COSTS Atty's Comm % Atty Paid $174.52 Plaintiff Paid Due Prothy $2.00 Other Costs $2,303.50 Date: JUNE 4, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FV-1, INC. Plaintiff, V. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2189-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "01,W d'Ll' - DANIEL G. SCHMI , ESQUIRE Attorney for Plaintif 4= rNa C= -rs 330 C? Cn3 ,.. FV-1, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS CRAIG A. PAXTON CIVIL DIVISION PAULA E. PAXTON . A/K/A PAULA ANDREWS NO. 07-2189-CIVIL TERM A/K/A PAULA E. WARDECKER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FV-1, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,820 TORWAY ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 820 TORWAY ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR DECISION ONE MORTGAGE P.O. Box 2026 Flint, MI 48501-2026 COMPANY MERS AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY 200 Gibraltar Road, Ste 350 Horsham, PA 19044 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 820 TORWAY ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 31, 2007 DATE 4AZIEL G. SCHM E , ESQUIRE Attorney for Plaintiff d G ?" r r FV-1, INC. V. Plaintiff, CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). CUMBERLAND COUNTY No. 07-2189-CIVIL TERM May 31, 2007 TO: CRAIG A. PAXTON 820 TORWAY ROAD GARDNERS, PA 17324 PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 820 TORWAY ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,455.60 obtained by FV-1, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r? LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon found, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set near the westernmost dedicated right-of-way line of Torway Road (T-534), said pipe marking the common point of adjoiner with Lots #3 and #4 on the hereinafter mentioned plan of subdivision with the westernmost dedicated right-of-way line of Torway Road; thence departing from the right-of-way line of Torway Road and extending along Lot #3, North fifty-three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty-eight and sixty-eight hundredths (338.68) feet to an iron pipe at lands now or formerly of Ralph Rice; thence extending along lands now or formerly of Ralph Rice, North thirty-four (34) degrees twenty-two (22) minutes thirty (30) seconds East, for a distance of fifty-five and eleven hundredths (55.11) feet to an iron pipe at Lot #5 on the hereinafter mentioned plan of subdivision; thence extending along Lot #5, South seventy-six (76) degrees fifteen (15) minutes zero (00) seconds East, for a distance of three hundred twenty-nine and sixty-four hundredths (329.64) feet to an iron pipe set on the westernmost dedicated right-of- way line of Torway Road; thence extending in and along the westernmost dedicated right-of- way line of Torway Road by an arc or curve to the right having a radius of four hundred seventy- two and six hundredths (472.06) feet, a chord bearing of South twenty-five (25) degrees seven (7) minutes thirty (30) seconds West, for a chord distance of one hundred eighty-six and twenty- one hundredths (186.21) feet, for an arc distance of one hundred eighty-seven and forty-four hundredths (187.44) feet to an iron pipe on said dedicated right-of-way line at Lot #3, said pipe marking the place of BEGINNING. BEING Lot #4 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward L. Mort, Registered Surveyor, dated March 20, 1985, recorded in the Office of the Recorder of Deeds in and for Cumberland County, erroneously Referred to as York County in prior deed Pennsylvania in Plan Book 48, at page 102 TITLE TO SAID PREMISES IS VESTED IN Craig A. Paxton and Paula E. Paxton, husband and wife, by Deed from Harry H. Fox, Jr. and Ann G. Fox, husband and wife, dated 12/01/2005, recorded 12/15/2005, in Deed Book 272, page 1710. BEING KNOWN AS: 820 TORWAY ROAD, GARDNERS, PA 17324 BEING TAX PARCEL NO. 08-16-0210-122 n r 4 } rrn w SHERIFF'S RETURN - REGULAR SASE NO: 2007-02189 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FV-1 INC S PAXTON CRAIG ABET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland Coun y,Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT - MORT FORE was served upon PAXTON CRAIG A the DEFENDANT at 0950:00 HOURS, on the 20th day of April 2007 at 820 TORWAY R AD GARDNERS, PA 17 24 by handing to BOBBY WARDECKER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same ime directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 11.52 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 6?z??bZ ? 39.52 04/23/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscib d to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR SASE NO: 2007-02189 P COMMONWEALTH OPENNSYLVANIA: COUNTY OF CUMBERLAND FV-1 INC S PAXTON CRAIG A ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the withi COMPLAINT - MORT FORE was served upon PAXTON PAULA E KA PAULA ANDREWS AKA PAULA E WARDECKER the DEFENDANT at 0950:00 HOURS, on the 20th day of April 2007 at 820 TORWAY R AD GARDNERS, PA 17 24 by handing to BOBBY WARDECKER, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same ime directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 5f ;2-7'07 Q ? 16.00 04/23/2007 PHELAN HALLINAN SCHMIEG Sworn and Subscib d to By: ?, S-e?? before me this day Deputy Sheriff of A.D. PLAINTIFF FV-1, INC. DEFENDANT(S) CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER SERVE CRAIG A. PAXTON AT 820 TORWAY ROAD GARDNERS, PA 17324 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY 1 No. 07-2189-CIVIL TERM ACCT. #150402 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 SERVED Served and made known to CP Al 6, ? RK-M N , Defendant, on the )S411 day of JUWL? 20077 VI" C.5ay at o'clock -F-.m., at D fi'@ruU r*10 jV&5 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is w ! 6 Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age :30" Height (?? Weight Race Sex Other 11 Zlj4-,-b P 0 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. aid sybscr'b y 200-;? By: AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. l v N,_`'T. Pj'_! c State o ;yew Jersey PATR CIA E. HARRIS (:*Mtr1SSion Ex ire9l4jMtf 16,7008 Moved Unknown N 1st Attempt: Time: 3rd Attempt: Time: NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: o Answer Vacant 2nd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z 1( 2,I Z_ ? ? 0 ?. ? ? ^.? ? f .e'? .' / C t"' ? ? , J9 .=: i`r r W ..,. ? , _ ??.? -?' "Tl ? ?' ? ?. ?,} .C'. " N A } `? ." CC[ " " PLAINTIFF FV-1, INC. AFFIDAVIT OF SERVICE DEFENDANT(S) CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER SERVE PAULA E. PAXTON CUMBERLAND COUNTY No. 07-2189-CIVIL TERM ACCT. #150402 Type of Action - Notice of Sheriffs Sale A/K/A PAULA ANDREWS Sale Date: SEPTEMBER 5, 2007 A/K/A PAULA E. WARDECKER AT 820 TORWAY ROAD GARDNERS, PA 17324 SERVED Served and made known to Pau la E?. -C1X+0 V , Defendant, on the a2 STLLH day of qU ne , 2001,, at o'clock ?-.m., at ?),0 Tv ay ' ? Jwar' , Commonwealth of Pennsylvania, in the manner described( below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 30 Height 5?¢,o Weight Race W Sex I-- Other I, QigkD D u-- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. On the day of LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 15t Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200_. Notary: 4 Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Z)Z State c+ .:e,v Jeits PATR?`IA E, HAS Commission Expires Jun®11, 10@1 N W R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FV-1, INC. Plaintiff V. CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2189-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 820 TORWAY ROAn GARDENERS, PA 17324, As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: July 30, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150402 It 8 O S 12 U a, v O M , ?o in ??Ca ?W•`d' ? c. ?r O `D a PC 1. C h Y d C' zoo co M 13130,3442 wosA cmtdw . L ooz bo Nnr o LOB mp ooo 09L, W $ wL zo .? . s9A1WY A3Kty ?? t,,, Crl ^ Sl yS. \. 04 a 1-4 e o . NN In P ° g25y? W s O ? a Z ? O W $ U O QQ fir G 7 QQ ? ? (n ?y. M lJ oz oz a°° a U O ? Z? N? ? z? a o o wo awo Zo l 0 1 U H c ° AVa o o 0uNx u .a 3 z a o s q N t+1 ? vl b t? OO C ? •? N .?. 3 F m z z Y? 71Na? ca ?, .: J COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FV-1 Inc is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 4th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2189, at the suit of FV-I Inc against Craig A Paxton & Paula E Paxton aka Paula andres aka Paula E Wardecker is duly recorded as Instrument Number 200746889. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /12? . A.D. i Recorder of Deeds day of R*Wrder of Dead.. C,, My won EOe. the k* y of JM. ? Q FV-1, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Craig A. Paxton and Paula E. Paxton a/k/a Writ No. 2007-2189 Civil Term Paula Andrews a/k/a Paula E. Wardecker Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 14, 2007 at 0955 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker, by making known unto Bobby Wardecker, adult son of Paula E. Paxton and step-son of Craig A. Paxton, at 820 Torway Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1524 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker located at 820 Torway Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker, by regular mail to their last known address of 820 Torway Road, Gardners, PA 17324. These letters were mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of FV-1, Inc. It being the highest bid and best price received for the same, FV-1, Inc. of 3476 Stateview Blvd., Fort Mill, SC 29715 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,302.76. Sheriffs Costs: Docketing $30.00 Poundage 25.14 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Postpone Sale 20.00 Law Journal 527.00 Patriot News 461.39 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 40.00 $ 1302.76 So Answers: R. Thomas Kline, Sheriff BY -.4- 7 - ate ergeant Real Est 9)" ja1.2i 10-7 s >q FV-1, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS CRAIG A. PAXTON CIVIL DIVISION PAULA E. PAXTON A/K/A PAULA ANDREWS NO. 07-2189-CIVIL TERM A/K/A PAULA E. WARDECKER Defendant(s). . AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FV-1, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,820 TORWAY ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CRAIG A. PAXTON PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 820 TORWAY ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY MERS, AS A NOMINEE FOR DECISION ONE MORTGAGE COMPANY P.O. Box 2026 Flint, MI 48501-2026 200 Gibraltar Road, Ste 350 Horsham, PA 19044 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 820 TORWAY ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. May 31, 2007 DATE ANIEL G. SCHM E , ESQUIRE Attorney for Plaintiff FV-1, INC. V. Plaintiff, CRAIG A. PAXTON PAULA K PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER Defendant(s). CUMBERLAND COUNTY No. 07-2189-CIVIL TERM May 31, 2007 TO: CRAIG A. PAXTON 820 TORWAY ROAD GARDNERS, PA 17324 PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER 820 TORWAY ROAD GARDNERS, PA 17324 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 820 TORWAY ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,455.60 obtained by FV-1, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. 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 LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon found, situate in the Township of Dickinson, County of Cumberland, and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at an iron pipe set near the westernmost dedicated right-of-way line of Torway Road (T-534), said pipe marking the common point of adjolner with Lots #3 and #4 on the hereinafter mentioned plan of subdivision with the westernmost dedicated right-of-way line of Torway Road; thence departing from the right-of-way line of Torway Road and extending along Lot #3, North fifty-three (53) degrees thirty (30) minutes zero (00) seconds West, for a distance of three hundred thirty-eight and sixty-eight hundredths (338.68) feet to an iron pipe at lands now or formerly of Ralph Rice; thence extending along lands now or formerly of Ralph Rice, North thirty-four (34) degrees twenty-two (22) minutes thirty (30) seconds East, for a distance of fifty-five and eleven hundredths (55.11) feet to an iron pipe at Lot #5 on the hereinafter mentioned plan of subdivision; thence extending along Lot #5, South seventy-six (76) degrees fifteen (15) minutes zero (00) seconds East, for a distance of three hundred twenty-nine and sixty-four hundredths (329.64) feet to an iron pipe set on the westernmost dedicated right-of- way line of Torway Road; thence extending in and along the westernmost dedicated right-of- way line of Torway Road by an arc or curve to the right having a radius of four hundred seventy- two and six hundredths (472.06) feet, a chord bearing of South twenty-five (25) degrees seven (7) minutes thirty (30) seconds West, for a chord distance of one hundred eighty-six and twenty- one hundredths (186.21) feet, for an arc distance of one hundred eighty-seven and forty-four hundredths (187.44) feet to an iron pipe on said dedicated right-of-way line at Lot #3, said pipe marking the place of BEGINNING. BEING Lot #4 on a final plan of subdivision of Mandy Manor prepared for Harmon-Graves Company by Edward L. Mort, Registered Surveyor, dated March 20, 1985, recorded in the Office of the Recorder of Deeds in and for Cumberland County, erroneously Referred to as York County in prior deed Pennsylvania in Plan Book 48, at page 102 TITLE TO SAID PREMISES IS VESTED IN Craig A. Paxton and Paula E. Paxton, husband and wife, by Deed from Harry H. Fox, Jr. and Ann G. Fox, husband and wife, dated 12/0112005, recorded 12/15/2005, in Deed Book 272, page 1710. BEING KNOWN AS: 820 TORWAY ROAD, GARDNERS, PA 17324 BEING TAX PARCEL NO. 08-16-0210-122 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2189 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: . To satisfy the debt, interest and costs due FV-1, INC., Plaintiff (s) From . CRAIG A. PAXTON, PAULA E. PAXTON A/K/A PAULA ANDREWS A/K/A PAULA E. WARDECKER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $112,455.60 L.L. $.50 Interest FROM 5/31/07 TO 9/5/07 (PER DIEM - $18.49) - $1,793.53 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $174.52 Other Costs $2,303.50 Plaintiff Paid Date: JUNE 4, 2007 (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney fox: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 gh'ILA 60 CD Real Estate Sale # 53 On June 11, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 820 Torway Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 11, 2007 By: Real Estat ergeant t :8 V q - N? r,r LIEgl 1 r THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #53 ... ..................... ...... . . .. ......................... Sworn to and subscriber?1?19t?8? 7 A.D. 1 Notarial Seal I? Tent' L Russell, Notary Public ,? City of Han'isburq, Dauphin CourdY '. Commission lExpires June 6, 2010 VI ber, P n yIvania Association of Nolad© T NO ARY PUBLIC ?p ` CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE !t'iinM CARLISLE, PA. 17013 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: July 20, July 27, and August 3, 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. REAL ESTATE SALE NO. 83 Writ No. 2007-2189 Civil FV-1, Inc. vs. ' Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land, with improvements thereon found, situate in the Township of Dickinson, County of Cumberland, and Com- monwealth of Pennsylvania, being more particularly bounded and de- scribed as follows, to wit: BEGINNING at an iron pipe set near the westernmost dedicated right-of-way line of Torway Road (T-534), said pipe marking the com- mon point of adjoiner with Lots #3 and #4 on the hereinafter mentioned plan of subdivision with the western- Marie Coyne, SW01MTO AND SUBSCRIBED before me this 3 day of August, 2007 L-2 'xa'.4) d --- Notary NOIARIAL SEAL DEBORAH A COLLINS Notary PLdIIC CARLISLE BORO, CUMBERLAND COUNTY MY Commis?Ion EXpUsi Apt 28, 2010 .. Yy i s, ?.y. 1 = ?,.w• y d ? ? - a?^w,s°+^ £ -. ? A?ywr yy( ,} ? " , ,y.?