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Home My WebLink About08-0967McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Cumberland COUNTY FV-l, INC. V. Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker and Occupants COURT OF COMMON PLEAS Number: 08 - (?(o7 0, i y i ( Term Attorneys for Plaintiff COMPLAINT 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. AVISO Le ban demandado a usted en In Corte. Si usted quiere defenderse de estas demandas ex-puestas en Ins paginas siguientes, usted tiene veinte (20) dias de plazo al partir de In fecha de In demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objeciones a Ins demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede continuar In demanda en contra suya sin previo aviso o notification. Ademas, In Corte puede decidir a favor del demandante y requiere que usted cumpla con todas Ins provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Cumberland County Bar Association 2 Liberty Avenue 2 Liberty Avenue Carlisle, PA, 17013 Carlisle, PA, 17013 800-990-9108 800-990-9108 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff FV-1, INC. 3476 Stateview Blvd Fort Mill, SC. 29715 vs. Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker and Occupants 820 Torway Road Gardners, PA 17324 Cumberland COUNTY COURT OF COMMON PLEAS Number: 4k- 9(-'7 (till f 7Z.- COMPLAINT IN EJECTMENT Plaintiff is the owner of the premises known as 820 Torway Road, Gardners, PA 17324, the legal description of which is set forth in the Sheriffs Deed which is attached hereto as Exhibit "A." 2. Plaintiff acquired title by reason of a Sheriffs Sale conducted by the Sheriff of Cumberland County on 12/05/2007, by reason of Writ of Execution issued out of Cumberland County Court of Common Pleas, Number 07-2189 at the suit of FV-1, INC. vs. Craig A. Paxton and Paula E. Paxton a/k/a Paula Andrews a/k/a Paula E. Wardecker.. 3. Defendants are in possession of the foregoing described premises without title, color of title, or benefit of a lease from Plaintiff. 4. Defendants are wrongfully and unlawfully in possession of the premises. 5. Defendants have no rights of possession to said premises. 6. By reason of the aforesaid Sheriff's sale, Plaintiff holds paramount title to the premises but Defendants continue to unlawfully and willfully retain possession and keep Plaintiff out of possession thereof and refuse to vacate and deliver up the said premises to Plaintiff. 7. As no landlord tenant relationship exists between Plaintiff and Defendants, Defendants are not entitled to any specific notice to vacate. The commencement of an action in foreclosure culminating in a sheriff's sale should have put the Defendants on notice that Plaintiff intends to recover full interest, title, and possession of the premises. 8. Additionally, as no landlord tenant relationship exists between Plaintiff and Defendants, either written or oral, express or implied, nor was any such relationship created as a result of the foreclosure by Plaintiff, Defendants is not entitled to any notice to quit or vacate the property. 9. Notwithstanding the aforesaid, Defendants have willfully remained in possession of Plaintiff's property and refuse, and still refuse to vacate the premises and continue to occupy the same. WHEREFORE, Plaintiff demands a judgment be entered in its favor for possession of the property. McCABE, WEISBERG, AND CONWAY, P.C. BY: Alaintiff McCABE, ESQUIRE A S. WEISBERG, ESQUIRE WARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE I VERIFICATION The undersigned, hereby verifies that he is the attorney for the Plaintiff in this action, that I am familiar with the matters set forth in the within action, that I am authorized to make this verification, that the foregoing facts are true and correct to the best of my knowledge, information and belief and further state that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. McCABE, WEISBERG, AND CONWAY, P.C. BY: 406rneys for Zainti ERRS E J. McCABE, AQUIRE M A.W S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE J 50 402 Tax Parcel No. 0&16-0210-122 Control #08001630 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00, (One Dollar), to me in hand paid, do hereby grant and convey to FV-1, Inc. Real Estate Sale No. 53 Writ No. 2007-2189 Civil Term FVA 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 i THAT CERTAIN 'tract of land, with improvements thereon found, situate in the Township of Dickinson; County of.Cumberlaud,? and. Commonwealth of Pennsylvania, .being more particularlybo ded 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 poinvof adj.oiner.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,iroxi.`pipe set ..on the .westermnost.dedic4ted•right-of-moray 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 12/15/20Q5,_-tn Deed Book 272, page .1710: hlt ?A° BEING KNOWN AS: 820 TORWAY ROAD, GARDNERS, PA 17324 BEING TAX PARCEL NO. 08- 16-0210-122 The same having been sold by me to the said grantee on the 5th day of December Anno Domini Two Thousand and Seven (2007) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 4th day of June Anno Domini 2007 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Seven (2007) Number 2189 at the suit of FV-1, Inc. against Craig A. Paxton and Paula E. Paxton a/k/a Paula Andres a/k/a Paula E. Wardecker. In Witness Wereof, I have hereunto affixed my signature this 17th day of fiber Anno Domini Two Thousand and Seven (2007) . Thomas Klin heriff Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, Curtis R. L5ng, Prothnotary of the Court of Conn Pleas of Cumberland County, Pennsylvania, personally appeared R. Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared. that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 17ttday of December Anno Domini Two Thousand and seven (2007) <? !,? ' 1•ff ,f r f ? ,1 ' e?-?ssaf ••, C-V , ` ? AiBAI AL ??p? PROTHO IOTARX NOTARY PUBLIC E „> '? lT ..sq r . • «L" = Q ' WV1iM CUMMM COMM COURTHOUSE W COMMON 8fPM JANUARY 4 ,2010 I hereby certify that the residence , . •, ' ? +. .. ` s °. And Post Office address of the _ fir ,? '? .:? ? Within Grantee is yfG'?y ..,,,...?' •?;,= 3476 Stateview Blvd. ' , •• P Fort Mill, S 29713 Solicitor , ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200746889 Recorded On 12/20/2007 At 11:03:54 AM * Instrument Type - DEED-SHERIFF'S Invoice Number -11140 User ED - MSW * Grantor - PAXTON, CRAIG A * Grantee - FV-1 INC * Customer - CUMBERLAND CO SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.00 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $40.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be. recorded in Cumberland County PA * u s ,o RECORDER OF D tyao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IIIIIIIIIIIIIIIYI O 00 t? W -{s9. V/ O 'p v r _ cz::) -n - i ,y "r7 (T" ?_ tea ? rn . SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00967 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FV-1 INC VS PAXTON CRAIG A 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 PAXTON CRAIG A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT , PAXTON CRAIG A 820 TORWAY ROAD GARDNERS, PA 17324 820 TORWAY ROAD IS VACANT. Sheriff's Costs: Docketing 18.00 Service 11.52 Not Found 5.00 Surcharge 10.00 .00 44.52 So answer -^' R. Tho as Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 02/14/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00967 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FV-1 INC VS PAXTON CRAIG A 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 PAXTON PAULA E AKA PAULA ANDREWS AKA PAULA E WARDECKER but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - EJECTMENT , NOT FOUND , as to the within named DEFENDANT PAXTON PAULA E AKA PAULA ANDREWS AKA PAULA E WARDECKER , 820 TORWAY ROAD GARDNERS, PA 17324 HOUSE IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 a/2o /O P `? .00 21.00 So answe R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 02/14/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00967 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FV-1 INC VS PAXTON CRAIG A 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 OCCUPANT but was unable to locate Him in his bailiwick. COMPLAINT - EJECTMENT , He therefore returns the the within named DEFENDANT , OCCUPANT NOT FOUND , as to 820 TORWAY ROAD GARDNERS, PA 17324 820 TORWAY ROAD IS VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 41v .00 I0p9y, ? 21.00 So answer?y - R. Thomas Kline Sheriff of Cumberland County MCCABE WEISBERG CONWAY 02/14/2008 Sworn and Subscribed to before me this day of A. D. (David D. Bueff (Prothonotary xirkS. Sohonage, ESQ, Soricitor Wsnee X Simpson 1' Deputy Drothonotary Irene E. %orr-ow 2"d Deputy Prothonotary office of the 1tothonotary Cumberland County, (Pennsylvania - 942 7- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 2ST" DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite 100 0 Carlisle, PA 17013 * (717) 240-6195 • Fa.X (717 240-6573