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HomeMy WebLinkAbout01-0318 FXs THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. fit- 3I~ ~GU~C~~ v. PATRICK WOODS, Defendant CIVIL ACTION -LAW IN EJECTMENT 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION -LAW IN EJECTMENT NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASS9STENCIA LEGAL: CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. dI-3/P ~Q !uw CIVIL ACTION -LAW IN EJECTMENT COMPLAINT IN EJECTMENT 1. THE SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS, IS AN OFFICER OF THE UNITED STATES OF AMERICA, (hereinafter "Plaintiff'), who represents the Department of Veterans Affairs, a federal agency located in Washington D.C., with local administra- tive offices at 5000 Wissahickon Avenue, Philadelphia, Pennsylvania. 2. The Defendant, Patrick Woods, is an adult individual (hereinafter "Defendant"), currently residing at the property known as 129 Third Street, West Fairview, Cumberland County, Pennsylvania, which is more fully set forth in the legal description attached hereto and marked Exhibit "A". 3. The Defendant is occupying said premises without claim of right, title or interest because the title to the premises is held by the Plaintiff as set forth in the following abstract of title: a) Ownership was acquired by Plaintiff at Sheriffs Sale. b) Title to Plaintiff was conveyed by the Sheriff of Cumberland County. c) The deed into the Plaintiffs name was recorded in the Recorder of Deeds Office of Cumberland County. d) The property conveyed by the deed is 129 Third Street, West Fairview, Pennsylvania. e) The interest conveyed by the deed is fee simple. 4. Plaintiff avers that by virtue of the aforementioned abstract of title, it is the current owner of the premises in question and has full right to immediate possession, notwithstanding the possession by the Defendant or any persons named pursuant to Pa. R.C.P. No. 410(b)(2). 5. Plaintiff avers that any rights the Defendant might have had in the premises were terminated by the Sheriffs sale of the property as set forth in Paragraph 3 herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting it possession of the premises set forth in this Complaint, and further requests this Court to permit Plaintiff to direct the Prothonotary to issue a Writ of Possession. Respectfully submitted, Jill . Wineka, Esquire Att rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: f'~ ZI b ~ 2 ALL THAT CERTAIN piece or parcel of land situate in the Township cf East Pennsboro (formerly Borough of West Fairview), County of Cumberland, Commonwealth. of Pennsylvania, bounded and described in accordance with a survey made by Gerrit J. Betz, Registered Surveyor, dated May 5, 1976, as follows: BEGINNING at a hub oii the Easteide of Third Street (33 feet wide).' at the corner of lands of Earl A. Robinson, Sr., said point being measured along said goad, 416.82 feet to the centerline of Mazket Street; thence expending from said point of beginning and along the said side of Third Street, North 15 degrees 00 minutes West the distance of 20.06 feet to a drill hole at the corner of lands of William C. Phillips; thence along said lands, South 85 degrees 31 minutes 17 seconds East the distance of 129.23 feet to a hub on the West side of an alley (20 feet wide); thence along said alley South 02 degrees 59 minutes West the distance of 19.00 feet to a hub at the corner of lands of Earl A. Robinson, Sr.,; thence along said lands North 85 degrees 29 minutes West the distance of 123.04 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED A dwelling known as 129 Third Street, West Fairview, PA. BEING THE SAME PREMISES WHICH Steve R. Roush and Jackie L. Roush by deed dated 12/31/92 and recorded 1/5/93 in Deed Book B-36, Page 822 granted and conveyed unto Patrick Woods. TO BE SOLD AS THE PROPERTY OF PATRICK WOODS ON JUDGMENT NO. 2000 3475. ASSESSMENT: 45-17-1044-210 '19~. /~_ THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION -LAW IN EJECTMENT PLAINTIFF'S AFFIDAVIT FOR COMPLAINT STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss JOHN G. KOSTIC, Loan Guaranty Officer, being duly sworn according to law, deposes and says that he is a duly constituted representative for the Secretary of Veterans Affairs, Plaintiff in the foregoing Complaint; that he is duly authorized to make this Affidavit; that he has personal knowledge concerning the unlawful possession which is the subject of the action above captioned; and that the facts set forth in the foregoing Complaint are true to the best of his knowledge, information and belief. !~ JOHN OS IC Loan Guaranty Officer SWORN to and subscribed to before me this~~day of , X889. ~ as / ry Public NOTARIAL SEAL PATSY A. LAWSON, Nptary PubNc City of PhiladePot>ia, PhUa. County M fission Expires June 3, 2004 5 SHERIFF'S RETURN - NOT FOUND CASE N0: 2001-00318 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SECRETARY OF VETERANS AFFAIRS VS WOODS PATRICK R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WOODS PATRICK but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOTICE NOT FOUND as to the within named DEFENDANT WOODS PATRICK DEFT. MOVED, LEFT NO FORWARDING, PROPERTY IS VACANT, RETURN NOT FOUND AS PER BOBBI 2/8/01. Sheriff's Costs: So answ /~~~;~i'i Docketing 18.00 l Service 9.30 ~~i%~~ Not Found Return 5.00 R. Thomas Klin Surcharge 10.00 Sheriff of Cumberland County .00 42.30 PURCELL, KRUG & HALLER 02/09/2001 Sworn and subscribed to before me this /a ~ day of~ a-v-!% ~ A . D . ~~. n h~~~ Pr t onotary THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA ~GU~C,( / CIVIL ACTION -LAW IN EJECTMENT 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take actioh against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION -LAW IN EJECTMENT NOTICIA Le han demandadb a usted en la torte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y Ia notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION -LAW IN EJECTMENT COMPLAINT IN EJECTMENT THE SECRETARY OF THE DEPARTMENT OF VETERANS AFFAIRS, IS AN OFFICER OF THE UNITED STATES OF AMERICA, (hereinafter "PlaintifF'), who represents the Department of Veterans Affairs, a federal agency located in Washington D.C., with local administra- tive offices at 5000 Wissahickon Avenue, Philadelphia, Pennsylvania. 2. The Defendant, Patrick Woods, is an adult individual (hereinafter "Defendant"), currently residing at the property known as 129 Third Street, West Fairview, Cumberland County, Pennsylvania, which is more fully set forth in the legal description attached hereto and marked Exhibit "A". 3. The Defendant is occupying said premises without claim of right, title or interest because the title to the premises is held by the Plaintiff as set forth in the following abstract of title: a) Ownership was acquired by Plaintiff at Sheriffs Sale. b) Title to Plaintiff was conveyed by the Sheriff of Cumberland County. c) The deed into the Plaintiffs name was recorded in the Recorder of Deeds Office of Cumberland County. d) The property conveyed by the deed is 129 Third Street, West Fairview, Pennsylvania. e) The interest conveyed by the deed is fee simple. 4. Plaintiff avers that by virtue of the aforementioned abstract of title, it is the current owner of the premises in question and has full right to immediate possession, notwithstanding the possession by the Defendant or any persons named pursuant to Pa. R.C.P. No. 410(b)(2). 5. Plaintiff avers that any rights the Defendant might have had in the premises were terminated by the Sheriffs sale of the property as set forth in Paragraph 3 herein. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order granting it possession of the premises set forth in this Complaint, and further requests this Court to permit Plaintiff to direct the Prothonotary to issue a Writ of Possession. Respectfully submitted, ~i ~~ ~~~ Jill 1. Wineka, Esquire Att rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: I 1 riLi`~i a ____ __._ ____T._>i -___ _ Dare°= -_ .and s_~~a~_ __. _.._ _o;dn~_ __ .,_ n an_ _n..='S'DG°G (iOTT~e r1V ?OrOLg': OL 'PieS~ -alrvie'Ni , :~:Gllnty G- C'.:"..Oera-:d, CGC[t[Tl0 L1Wedlth O' PennSy/l~7anld, bOUnded and deSGrlbeC l:: accordance with a survey Wade by Gerrit J. Betz, Registered Surveyor, dated May 5, 1976, as follows: aEGINNI?+G at a hub oti the Eaetside of Third Street (33 feet wide)' at the corner of lands of Earl A. Robinson, Sr., said point being measured along said jioad, 416.82 feet to the centerline of Market Street; thence extending from said point of beginning and along the said side of Third Street, North 15 degrees 00 minutes West the distance of 20.06 feet to a drill hole at the corner of lands of William C. Phillips; thence along said lands, South 85 degrees 31 minutes 17 seconds East the distance of 129.23 feet to a hub on the West side of an alley (20 feet wide); thence along said alley South 02 degrees 59 minutes West the distance of 19.00 feet to a hub at the corner of lands of Eaxl A. Robinson, Sr.,; thence along said lands North 85 degrees 29 minutes West the distance of 123.04 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED A dwelling known as 129 Third Street, West Fairview, PA. BcING '~' _ S~`~E PREMISES FIF?IC'r. Steve R. RCUSh and Jackie _. Roush by deed dated 12/31/92 and reccrded 1/S/°3 in Deed Book B-36, Paae 822 granted ~.-d conveyed unto Patrick WGOds. TO BE SC'~D AS THE PRC%ERTY CF PATRICri WOODS ON JtiDGMENT N0. 2000 3475. ASSESSMENT: 4$-17-1044-210 ~i7 ~" THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff v. PATRICK WOODS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. CIVIL ACTION -LAW IN EJECTMENT PLAINTIFF'S AFFIDAVIT FOR COMPLAINT STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss JOHN G. KOSTIC, Loan Guaranty Officer, being duly sworn according to law, deposes and says that he is a duly constituted representative for the Secretary of Veterans Affairs, Plaintiff in the foregoing Complaint; that he is duly authorized to make this Affidavit; that he has personal knowledge concerning the unlawful possession which is the subject of the action above captioned; and that the facts set forth in the foregoing Complaint are true to the best of his knowledge, information and belief. _i /I ti !~" r~OHN OS IC Loan Guaranty Officer SWORN to and subscribed to before me thisx_~day of , ~9gg. aa~ / ~~ ~ d'~.. Nt ry Public NOTARIAL SEAL PATSY A. LAWSON, Notary PubNc City of Philade Phila. County M Commission xpires June 3.2004 ~' , 'mod nIN'~P,l,`.SRIPd~d ~~. 10b I~~ ~h £ 5! Nnf 3~iN3H5 ~Wi ~b 3.^,130 THE SECRETARY OF VETERANS AFFAIRS, AN OFFICER OF THE UNITED STATES OF AMERICA, THE DEPARTMENT OF VETERANS AFFAIRS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-318 Civil Term v. PATRICK WOODS, Defendant CIVIL ACTION -LAW IN EJECTMENT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above-captioned matter discontinued without prejudice. Respecffully submitted, _ ~ !~ Jill . Wineka, Esquire Att rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrsburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff ., Dated: z I ~ZI ~ 1 w r `-~' ' 7 „ i TTi` -_ Lt' ~., T ,: v?°` c: ` : K ~.. , ~ ~ ~^