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HomeMy WebLinkAbout08-0051 Phelan, Hallinan & Schmieg, LLP By: Francis S. Hallinan, Esquire Identification No. 62695 Attorney for Plaintiff One Penn Center A Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FV-1, Inc 3476 Stateview Blvd. Fort Mill, SC 29715 Court of Common Pleas Civil Division V. Cumberland County Craig A. Paxton Or Occupants Term 820 Torway Road Gardners, PA 17324 No. bg _ 5 eivi i Term CIVIL 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 #: 168067 I . Plaintiff is FV-1, Inc. 2. Defendant is Craig A. Paxton Or Occupants. 3. Plaintiff is the record owner of premises located at 820 Torway Road, Gardners, PA 17324, a legal description of which is attached. 4. Plaintiff became the owner of said premises as a result of the foreclosure and judicial sale by the Sheriff of Cumberland County, on December 5, 2007 as evidenced by the Sheriff's deed recorded December 20, 2007 in the Office of the Recorder of Cumberland County in Instrument Number 200746889. 5. Plaintiff, by virtue of the above, is the record 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. ?yt F anc' S. Hallinan, Esquire tt ey for Plaintiff 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 VERIFICATION Francis S. Hallinan hereby states that he is the attorney for the Plaintiff in this eviction action and is authorized to make this verification. The statements made in the foregoing Civil Action - Ejectment are correct to the best of my knowledge, information, and belief. I was the attorney for the Plaintiff or Plaintiffs predecessor in interest in the underlying foreclosure action. I am with the law firm on the writ of execution, and my law firm or an agent of my firm purchased the property on behalf of the Plaintiff by bidding on the property at the sheriffs sale. I am making this verification rather than a representative of the Plaintiff because I have personal knowledge of the purchase of this property at sheriffs sale. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. C.J Date ancis . Hallinan, Esquire ttor ey for Plaintiff 0 O Ell N C "7 ??, r µy l 00 c n "7 c.D .< 1 ov, SHERIFF'S RETURN - REGULAR CASE NO: 2008-00051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FV-1 INC VS PAXTON CRAIG A ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT PAXTON CRAIG A DEFENDANT was served upon the at 0934:00 HOURS, on the 14th day of January , 2008 at 820 TORWAY ROAD GARDNERS, PA 17324 CRAIG A PAXTON 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 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 11.2 a40 P,?-- 38.56 Sworn and Subscibed to before me this day So Answers: . R. Thomas Kline 01/15/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff of A. D. PHELAN HALL?NAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinao, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 9103-1814 (215) 563-7000 Attorney for Plaintiff DV-1, Inc. Plaintiff Court of Common Pleas Cumberland County VS. No. 08-51-Civil Term Craig A. Paxton or occupants Defendant(s) O WITHDRAW COMPLAINT WITS AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontin ed and ended, upon payment of your costs only. -?CY?'?CI Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff f'^-) r_. 1 ';?a -i ,,, _._, ._ - ?? ? y r_ S`w .. ?`' - .