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Home My WebLink About07-4699 RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUrrE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (21$) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing,LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. William C. Saxton And John Doe 530 Third Street Enola, Pennsylvania 17025 Defendant(s) Civil Action Number: ~'~ - ~Q9 COMPLAINT IN EJECTMENT CIVIL ACTION -EJECTMENT NOTICE This is an attempt to collect ~ debt and any information obtained will be used for that purpose. Civi l ?erns You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH J:\Sue\Evictions VA\Cumberland.Co\Ocwen.Saxton.8.6.07.doc BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Sue\Evictions VA\Cumberland.Co\Ocwen.Saxton.8.6.07.doc M NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:\Sue\Evictions VA\Cumberland.Co\Ocwen.Saxton.8.6.07.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) BRADLEY D. SISLEY, ESQUIRE (200040) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Ocwen Loan Servicing, LLC 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 v. William C. Saxton And John Doe 530 Third Street Enola, Pennsylvania 17025 Civil Action Number: O 7' ~G 4 9 ~1 T-1c~•_ COMPLAINT IN EJECTMENT Defendant(s) COMPLAINT CIVIL ACTION -EJECTMENT 1. Plaintiff is Ocwen Loan Servicing, LLC (hereinafter referred to as "Ocwen Loan Servicing, LLC") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, as contractor for the Secretary of Veteran's Affairs. 2. Defendant is William C. Saxton, an adult individual residing at 530 Third Street, Enola, Pennsylvania 17025, which Property is described, in Exhibit "A" attached hereto and incorporated herein by reference. 3. Defendant is also John Doe who is an unknown adult individual residing at 530 Third Street, Enola, Pennsylvania 17025, which Property is described, in Exhibit "A" attached hereto and incorporated herein by reference. 4. On July 11, 2007, 530 Third Street, Enola, Pennsylvania (the "Property") was sold by the Sheriff of Cumberland County at Sheriff s Sale after due advertisement according to law J:\Sue\Evictions VA\Cumberland.Co\Ocwen.Saxton.8.6.07.doc and under and by virtue of a Writ of Execution issued out of the Court of Common Pleas of Cumberland County, 2006-03672 at the suit of MIDFIRST BANK vs. WILLIAM C. SAXTON. 5. Plaintiff settled with the sheriff in a letter dated August 3, 2007 requesting a deed be prepared in the name of The Secretary of Veteran Affairs. A true and correct copy of the letter is attached hereto as Exhibit "B". 6. A true and correct copy of the legal description is attached hereto as Exhibit "A". 7. By virtue of Sheriff s Sale, Plaintiff is entitled to possession of the premises. 8. Defendants are presently in possession of the said premises. WHEREFORE, Plaintiff, Ocwen Loan Servicing LLC, demands that a Judgment in Ejectment be entered in its favor and against the Defendants. STERN AND EISENBERG, LLP BY: RICHARD F. ST ,ESQUIRE STEVEN K. EISENBERG, ESQUI BRADLEY D. SISLEY, ESQUIRE Attorney for Plaintiff J:\Sue\Evictions VA\Cumberland.Co\Ocwen.Saxton.8.6.07.doc VERIFICATION JOSEPH HILLERY is the Director of Residential Default and Real Estate Services of OCWEN LOAN SERVICING LLC successor to Ocwen Federal Bank and is authorized to sign this Verification on behalf of same, and states thatshe verifies the foregoing Civil Action-Eviction against W i 11 i am C . Saxton and Jbhn Doe and avers the statements of fact therein contained are made subject to the penalties of 18 PA C.S. Section 4904 relating to the unsworn falsification to authorities, and that same are true upon the signer's personal knowledge or information and belief. JO H HILL ector of Res ntial Default and Real Estate Services Date: August 6, 2007 AUG-03-2007 13 11 PURCELL KRUG & HALLER P.03 ALL THAT CERTAIN piece or parcel of land situate in the Borough of West Fairview, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the western line of Third Street at or opposite the partition wall dividing properties known as No. 528 and No. 530 Third Street, said point being one hundred thirty three and seventy-six one hundredths (133.76) feet south of the southwest corner of the intersection of Third and May Avenue; thence westwardly through the center of the partition wall dividing properties known as No. 528 and No. 530 Third Street and beyond one hundred two (102) feet, more or less, to a point in the eastern Iine of a Twenty (20) feet wide Alley; thence northwardly along the eastern Iine of said Twenty (20) feet wide Alley twenty one and five tenths (21.5) feet to a point ;thence easttivardly along lands now or late of Charles R. Barns one hundred two (102) feet, more or Iess, to a point in the western line of Third Street; thence southwardly along the western lute of Third Street twenty one and five tenths (21.5) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED THE NORTHERN ONE-HALF OF A TWO AND ONE-gyp STORY FRAME DWELLING KNOWN A,S: 530 THIRD STREET, ENOLA, PA 17025 BEING THE SAME PREMISES WHICH Stephen J. Bond, Jr. and Eleanor Bond, his wife, by deed dated 10/31/96 and recorded 11/4/96 in Cumberland County Deed Book 148, Page 662 granted and conveyed unto William C. Saxton. TO BE SOLD AS THE PROPERTY OF WILLIAM C. SAXTON ON JUDGMENT NO.2006-3672 CIVIL ASSESSMENT NO. 45-16-1050-122 AUG-03-2007 13 11 PURCELL KRUG & HALLER P. 02 LAW OFFICES PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2393 TELEPHONE (7l 7) 234-4I78 TELECOPIER (717) 233-1149 August 3, 2007 OFfiICE OF THE SHERIFF Cuonberland County Court House One Courthouse Square Carlisle, PA 17013 Re: MIDFIRST BANK vs_ WILLIAM C. SAXTON No. 2006-3672 CIVIL Dear Sheriff Enclosed please find affidavits of value for the deed to be recorded as a result of the sheriffs sale held in the above case. THE GRANTEE SI-ioULD BE: THE SECRETARY OF VETERANS AFFAIRS OF WASHINGTON D.C_, His successors and/or assigns C/o Ocwen Federal $anlc, FSB 12650 Ingenuity Drive Orlando, FL 32826 Please have the Recorder.return the recorded deed to me in the enclosed envelope, along with the recording receipt. PLEASE CALL OUR OFFICE, COLLECT IF ]NECESSARY, THE DAY THE DEED IS RECORDED. Thank you for your cooperation in this matter. Please call if you need anything further. Very truly yours, LPH/kb Leon P• TIaller Enclosure n N C_ ~ d ~' 7 ' ; G; R7S 7 -O 0~ 0 ~~ : - ~ -~7 tl l~ - C~7 /~ ~ . -{ ~ a n; -< SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-04699 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OCWEN LOAN SERVICING LLC VS SAXTON WILLIAM ET AL 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 SAXTON WILLIAM C but was unable to locate Him in his bailiwick. /"~/IMDT.T TTTT _ L~.TS.'r''TM7:'ATT He therefore returns the the within named DEFENDANT SAXTON WILLIAM C 530 THIRD STREET NOT FOUND as to ENOLA, PA 17025 PER NEIGHBOR, DEFENDANT IS IN RETIREMENT HOME. Sheriff's Costs: Docketing 18.00 Service 28.80 Not Found 5.00 Surcharge 10.00 .00 ql~,/D~ C~ 61.8 0 So answe ~ ---~= R. Thomas Kline Sheriff of Cumberland County STERN & EISENBER.G 09/12/2007 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE N0: 2007-04699 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OCWEN LOAN SERVICING LLC VS SAXTON WILLIAM ET AL 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 DOE JOHN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT the within named DEFENDANT DOE JOHN 530 THIRD STREET NOT FOUND as to ENOLA, PA 17025 PER NEIGHBOR, RESIDENT WENT TO RETIREMENT HOME. Sheriff's Costs: Docketing Service Not Found Surcharge yla-~c't So answers • ,..--- .00 5.00 R. Thomas~Kline 10.00 Sheriff of Cumberland County 00 2~ STERN & EISENBERG 09/12/2007. Sworn and Subscribed to before me this day of A.D.