HomeMy WebLinkAbout12-1523PHELAN HALLINAN & SCHMIEG, LLP
Jenine R. Davey, Esq., Id. No.87077
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CITIFINANCIAL SERVICES, INC
6400 LAS COLINAS BLVD.
IRVING, TX 75039
Plaintiff
v.
???; ATTORNEY FOR PLAINTIFF
AND COUNTY
PENNSYLVANIA
COURT OF COMMON PLEAS
JAMES F. PAGUE
CUMBERLAND CO. AGING AND COMMUNITY,
SERVICES, 1100 CLAIRMONT ROAD
CARLISLE, PA 17015
Defendant
CIVIL DIVISION
TERM
3 ` v? 1
NO.o?Olr?'S
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 235701
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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.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #- 235701
Plaintiff is
CITIFINANCIAL SERVICES, INC.
6400 LAS COLINAS BLVD.
1RVING, TX 75039
2. The name(s) and last known address(es) of the Defendant(s) are:
JAMES F. PAGUE
CUMBERLAND CO. AGING AND COMMUNITY, SERVICES, 1100 CLAIRMONT
ROAD
CARLISLE, PA 17015
who i.s/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/15/2007 JAMES F. PAGUE made, executed and delivered a mortgage upon the
premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office
of the Recorder of CUMBERLAND County, in Book No. 1982, Page 4697. 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 12/01/2009 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 #: 235701
6.
The following amounts are due on the mortgage as of 08/31/2011:
Principal Balance $82,590.13
Interest $7,932.68
09/29/2009 through 08/31/2011
Additional/Deferred Interest $5,030.31
Late Charges $0.00
Property Inspections $27.00
Appraisal/Brokers Price Opinion $171.00
Non Sufficient Funds Charge $20.00
Escrow Deficit $3,345. 18
TOTAL $99,116.50
7
8
9
10
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.
The mortgage premises are vacant and abandoned.
GERALDINE B. PAGUE A/K/A GERALDINE L. BOWERS was a co-record owner of
the mortgaged premises as a tenant by the entirety. By virtue of GERALDINE B. PAGUE
A/K/A GERALDINE L. BOWERS's death on or about 01/24/2003, her ownership
interest was automatically vested in the surviving tenant by the entirety.
Real Owner GERALDINE B. PAGUE A/K/A GERALDINE L. BOWERS died on
01/24/2003 and, upon information and belief, her surviving heir(s) are LUCINDA V.
BETZ, NANCY J. BOWERS, JOAN M. FLEAGLE, DOREEN J. FOUST, DAVID J.
BOWERS, ROLAND G. BOWERS, and DEAN A. BOWERS.
File #: '?35701
11. By executed waiver(s), DAVID J. BOWERS, DEAN A. BOWERS, JOAN M.
FLEAGLE, and LUCINDA V. BETZ waived their right to be named as a defendant in the
foreclosure action. Said waiver(s) is/are attached as Exhibit" A "
12. Plaintiff hereby releases GERALDINE B. PAGUE A/K/A GERALDINE L. BOWERS,
from liability for the debt secured by the mortgage.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$99,116.50, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & S)rHMIEG, LLP
BY: l./' "
Je in Davey, Esquire
At orv for Plaintiff
File #: 235701
LEGAL DESCRIPTION
ALL THAT CERTAIN PARCEL OF LAND IN SHIPPENSBURG TOWNSHIP,
CUMBERLAND COUNTY, COMMONWEALTH OF PA, AS MORE FULLY DESCRIBED
IN BOOK ('29 PAGE 642 ID # 36-35-2388-028, BEING KNOWN AND DESIGNATED AS A
PORTION OF LOT 9 PLAN OF LOTS OF JOHN A WYRICK DEVELOPMENT.
BEING THE SAME PROPERTY CONVEYED BY FEE SIMPLE DEED FROM LESTER F.
PAGUE AND JAMES F. PAGUE TO JAMES F PAGUE AND GERALDINE B. PAGUE,
(NOW DECEASED) HUSBAND AND WIFE TENANCY BY ENTIRETY, DATED
08/08/1980 RECORDED ON 09/19/t980 IN BOOK C 29 PAGE 642 IN CUMBERLAND
COUNTY RECORDS, COMMONWEALTH OF PA.
BEING premises which are more fully described in a deed dated the 4th day of JANUARY,
2007, and recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
Pennsylvania, in Record Book C 29, Volume , Page 642.
PROPERTY ADDRESS: 17 WYRICK AVENUE, SHIPPENSBURG, PA 17257-1733
PARCEL # 36-35-2388-028.
File #: 235701
VERIFICATION
Tammi Bowiby DOOwvwtOorgd*Mw
hereby states that he/she is of
CITIMORTGAGE, INC. CITIMORTGAGE, INC is the Servicer of the loan and is authorized to
act on behalf of the mortgagee CTTIFINANCIAL SERVICES, INC. CITIMORTGAGE, INC.,
on behalf of Plaintiff in this matter is authorized to make this Verification. The statements of
fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of my information and belief.
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904
relating to unsworn falsification to authorities.
DATE: V
File #: 235701
Name: PAGUE
Name: Tammi Bowiby
Title: Doop oCanhdOWW
CITIMORTGAGE, INC.
File #: 235701
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ^{
Sheriff
Jody S Smith 30
t
Chief Deputy
Richard W Stewart , ? rp R
E"c:
Solicitor
Citifinancial Services, Inc.
vs Case Number
.
James F Pague 2012-1523
SHERIFF'S RETURN OF SERVICE
03/16/2012 11:10 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 16,
2012 at 1110 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: James F. Pague, by making known unto Priscilla Whitman, Aging Care
Manager for Claremont Nursing & Rehabilitation Center, 1100 Claremont Road, Carlisle, Cumberland
County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and
correct copy of the same.
NOA CLINE, DEPUTY
03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: James F. Pague, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant James F. Pague. Request for service at 16 W. High Street, Suite 100, Carlisle, Pennsylvania
17013 the Defendant was not found. James F. Pague is a current resident with Claremont Nursing &
Rehabilitation Center at 1100 Claremont Road, Carlisle, Pennsylvania 17015.
03/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: James F. Pague, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant James F. Pague. Request for service at 17 Wyrick Avenue, Shippensburg, Pennsylvania
17257 is vacant. The Shippensburg Postmaster has confirmed, James F. Pague has moved and left no
forwarding address.
SHERIFF COST: $96.00
March 27, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
PHELAN HALLINAN & SCHMIEG, LLP
John Michael Kolesnik, Esq., Id. No.308877
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CITIFINANCIAL SERVICES, INC.
Plaintiff
f 2 AJ U
IBERLANO COUNT
`ENIIIS`l°LVANIA
: COURT OF COMMON PLEAS
CIVIL DIVISION
VS.
JAMES F. PAGUE
Defendants
CUMBERLAND COUNTY
No. 2012-1523-CIVIL
PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above
captioned ijnatter.
Date: May 22, 2012
/cjv, Svc Dept.
File# 235701
PHELAN_4tXjA;;INAN & SCHMIEG, LLP
By: Z -1
J i ael Kolesnik, Esq., Id. No.308877
tornev for Plaintiff
G1a.%Lt-1qS-1A 0.?
?k1t-i 1 q ?sds
(l?l!- `u`/ 5733
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
F C ,
i',tJLi\i_ SA-4
sIEW.1SY1..V"r'11'11A
Citifinancial Services, Inc.
Case Number
vs.
James F Pague 2012-1523
SHERIFF'S RETURN OF SERVICE
05/30/2012 10:35 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 30,
2012 at 1035 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: James F. Pague, by making known unto Beverly Christ, Registered Nurse
for Claremont Nursing & Rehabilitation Center, 1100 Claremont Road, Carlisle, Cumberland County,
Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct
copy of the same.
TIM B CK, DEPUTY
SHERIFF COST: $34.00
June 04, 2012
SO ANSWERS, /
R-ONI'V R ANDERSON, SHERIFF
(c) CountySuite Shenff, Teleosoft, Inc.
Acceptance of Service
I accept the service of the Complaint in Mortgage Foreclosure
(on behalf of
James F. Pague
and
certify that I am authorized to do so.)
Date
Autho ' " d Agent
1100 Claremont Road, Carlisle, PA 17015
Mailing Address
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY rr??
?Q,?.??titr of c;,rit?€rdtr??1
f 12 JUL 44
Paw co A T
-sssyl
Amended
Citifinancial Services, Inc.
vs. Case Numbe
James F Pague 2012-1523
SHERIFF'S RETURN OF SERVICE
05/30/2012 10:35 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on May 0,
2012 at 1035 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: James F. Pague, by making known unto Beverly Christ, Registered N rse
for Cumberland County Aging and Community Services, 1100 Claremont Road, Carlisle, Cumberland
County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and
correct copy of the same.
SHERIFF COST: $34.00
June 04, 2012
TIM SLACK,-DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
WRIT OF E:KECUTION and/or ATTACHMI';NT
C0~~IMONWFALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLANU)
NO. 12-1523 Civil
CIVIL AC`i[ON LAW
f0 T}iE SHERIFF OF CUMBERLANU COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES. INC. Plaintiff' (s)
From JAMES F. PAGUE
(!) 1'ou are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(?j You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARN1SIiEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying am' debt to or for the account of the defendant (s) and from delivering any property of the defendant
(sj or otherwise disposing thereof:
(3 i [f 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 zi
garnish°e and is enjoined as above stated.
Amount I)ue: 599,116.50 L.L.:.50
Interest FROM 9/18/2012 TO DATE OF SALE ($16.29 PER DIEM) - 52,769.30
Att~~'s Comm: °% Due Prothy: 52.25
\tt~ Paid: 5327.00 Other Costs:
Plaintiff Paid:
Date 111!5/12
David D. Buell, Prothonotary
--
(~~
Deputy
If:QU F:ST'NG PARTY:
Name: L.aUREN R. TABAS, ESQUIRE
,address: PHELAN HALLINAN & S('HMIEG, LLP
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAi!A
PHILADELPHIA, PA 1910?.
Attorney for: PLAINTIFF
Cclephonc: 215-563-7000
Supreme Court ID No. 93337
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P. R. C. P. 31 SO-3183
C[TIFINANCIAL SERVICES, INC.
Plaintiff
v,
JAMES F, PAGUE
Defendant(s)
To the Prothonotary:
Issue «-rit of execution in the above matter:
Amount Due
Interest from 09/18/2012 to Date of Sale
(_$16.29 per diem)
"1'GT qL
Note: Please attach description of property.
PHS # 235~?0 f
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COURT OF COMMON PLF,AS
CIVIL DIVISION
NO.: 2012-1523-(:IVIL
CUMBERLAND COUNTY
$991 16.50
$2,769.30 ~--~
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~ $101,885.80
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h an Hallman ch 'eg, P "
Lauren R. 'Tabas, Esq., ld. No.933 ~"%
Attorney for Plaintiff
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LEGAL DESCRIPTION
AI.L that. certain tract of land with improvements thereon erected, situate in Shippensburg
Township, Cumberland County. Pennsylvania, being a portion of Lot No. 9 on the Plan of Lots
of John A. Wyrick Development, bounded and described as follows:
BEGINNING at a point in the center of Shippen Street at corner of property of James Weibley,
being Lot No. 8 of said Plan; thence by the center of Shippen Street a distance of seventy-five
(75) feet to a point at corner of land formerly of Edna M. Bittinger, now of Mrs. David Warren,
being a portion of said Lot No. 9; thence by the land of the said Mrs. David Warren in an
Easterly direction a distance of seventy (70) feet, more or less, to land of James F. Reed; thence
by the said Reed land in a Southerly direction a distance of seventy-five (75) feet to a point at
line of land of the said James Weibley; thence by the same in a Westerly direction a distance of
seventy (70) feet, more or less, to the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN James F. Pague and Geraldine B. Pague, his wife,
as tenants by the entireties, by Deed from Lester F. Pague and James F. Pague, dated 08/08/1980,
recorded 09/19/198() in Book C-29, Page 642.
GERALDINE B. PAGUE A/K/A GERALDINE L. BOWERS was a co-record owner of the
mortgaged premises as a tenant by the entirety. By virtue of GERALDINE B. PAGUE A/K/A
GERALDINE L. BOWERS's death on or about 01124/2003, her ownership interest was
automatically vested in the surviving tenant by the entirety, James F. Pague.
PRE.MIS:ES BEING: L7 WYRICK AVENUE, SHIPPENSBURG, PA 17257-1733
NARCEI, NO. 36-35-2388-028
P1ll~LAN H~~LLIN~IN & SCHMIEG, LLP
Lauren K. Tabas, faq., ld. No.93337
1617 .IFK Boulevard. Suite 1400
One Penn Center Plaza ~ ~ ~ . ~.. -
Philadelphia_ PA 19103 _
21 ~-~6;-7000 ?''~ ° ~'':~ ~ , ~ ':j ~:
f _~,,
('ITIFINANCIAL SERVICES, INC ''~ `FE ~~.~ , ~~i~ ~~
Plaintiff
v.
JAMES H'. PAGCE
f~efendant(s )
CERTIFICATION
Attorneys Cor Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
N0.:2012-1523-CIVIL
CUMBEIZLANll COUNTY
The undersigned attorney hereby states that he/she is the attorney for the Plaintitf in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
( ) the premises is non-owvner occupied
(?':) the premises is vacant:
( ) Act 91 procedures have been fulfilled
( ) Act 9l. is Not Applicable pursuant to Pa Bulletin, Doc No 1 f-l f y7. 41 Pa.B. 3943
"phis certification is made subject to ~lhe penalties of ] ~Pa. ~ . § 4904 relating to unswarn falsification to
..
authorities. ~
t3~- ~ ,,,,~' ;~
Phe an llallinan Schmie~, L.LP
Lauren R. "babas, f;sq.. Id. No.~)3>>?
nuorne~ for PlaintiiT'
( I
CITIFINANCIAL SERVICES, INC.
Ylaintif~l~
v.
JAMES F. VAGUE
I~etcndant(s}
.... ; ;},
~~. j J K 7 ~' _ ~ -.
~ ~ r ~ i ~~!
\J. I ~ w
COURT OF COMMON PLF,AS
CIVIL DIVISION
NO.: 2012-1523-CIVIL
CUMBERLAND COUNTY
YHS # 235701
AFFIDAVIT PURSUANT TO RULE 3129.1
CI"hIEINANC1Al. SERVICES, INC., NlaintiiTin the above action. by the undersigned attorney, set, forth as o~~the date the
Nraecipe for the Writ of h:xecution was tiled, the follovvin~~ information concerning. the real property lacatcd at 1' W'YRICK AVENUE.,
SHIPPENSBURG, YA 17257-1733.
I . Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably
ascertained, please so indicate)
JAMES F. HAGUE CUMBERL.ANU CO. AGING AND COMMUNITY
SERVICES
1100 CLAIRMONT ROAD
CARLISLE, PA 17015
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
SAME AS ABOVE
3. Name and:ast known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address (if address cannot be
reasonably ascertained, please indicate)
('UMBERLANU COUNTY TAX CLAIM 1 (:OURTHOUSE SQUARE
BUREAU CARLISLE, PA 17013-3387
CUMBERLAND COUNTY TAX CLAIM _5 S HANOVER S'I'
BUREAL' CARLISLE, PA 17013
C/O S'I'Ef'HEN D. TiLEY, ESQUIRE
~l. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None,
Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
CUMBERLAND FRANKLIN JOINT 725 MUNICIPAL llR
MUNICIPAL AUTHORITY SHIPPENSBURG, PA 17257
l
CUMBERLANll FRANKILIN JOIN"1'
MUNICIPAL AUTHORITY
C/O JAMES M. ROBINSON, ESQUIRE
129 S PI"T"h S 1
CARLISLE, PA 17013
CUMBERLAND FRANKILIN JOINT
MUNICIPAL AUTHORITY
C/O JAMES M. ROBINSON, ESQUIRE
28 S PITT S"f
CARLISLE, PA 17013
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.
Nan~ie Address (if address cannot be
reasonably ascertained, please indicate j
None.
7. Name and address oi~ every other person of whom the plaintiff has knowledge who has any interest in the property which may
be atiected b~ the sale:
Narnc .Address (if address cannot be
reasonable ascertained, please indicate)
"1'F:NAN"h/OCCUPAN"1.
17 WYRICK AVENUE
SHIPPENSBURG, PA 17257-1733
COMMONWF:AL'I'H OF PENNSYLVANIA,
BUREAU OF INDIVIDUAL TAX,
INHERITANCE TAX DIVISION
6T'H FLOOR, STRAWBERRY SQ., DF.P"1' 280601
HARRISBURG, PA 17128
DEPAR"I'ME NT OF PUBLIC WELFARE, TPL N.O. BOX 8486
CASUAL"IY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG, PA 17105
DOMESTIC' RELATIONS OF
CUMBF,RLAND COUNTY
13 NORTH HANOVER STREET
CARLISLE, PA 17013
COMMONWEALTH OF PENNSYLVANIA N.O. BOX 2675
DEPAR"I'MENT OF WELFARE HARRISBURG, PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH, PA 15222
l.S. DEPARTMENT OF JUSTICE
U.S. A"1'TORNF.Y FOR "THE MIDDLE
DIS"1'RIC"1' OF PA
FEDERAL BUILDING
228 WALNUT STREET', SUITE. 220
PO BOX 11754
HARRISBURG, PA 17108-1754
DOREEN J. FOUST AiK/A DOREF:N J
THRUSH
UAVIDJ. BOWERS
DEAN A. BOWERS
JOAN M. FLE AGLE
LUCINDA, V. BETZ
1293 N HARMON RD
NEWBURG, PA 17240-9104
17 WYRICK AVENUE
SHIPPENSBURG, PA 17257-1733
542 JONATHAN S'T
SHIPPENSBURG. PA 17257-8513
4476 MIDDLE RIDGE Rll
SHIPPENSBURG, PA 17257-9278
542 JONATHAN ST
SHIPPENSBURG, PA 17257-8513
JANE"1' PAULL OFFICE OF AGING & COMMUNITY SERVICE,
1100 CLAIRF.MONT ROAD
CARLISLE, PA 17015
I verify that the statements made in this affidav t are true and correct to the best o1~ my personal
knowledge or infot-mation and belief. ] undf°rstand tha false ~ ate ents herein are made subject to the penalties
of 18 Pa. C.Q.A. ~ X904 relating to unsworn falsificatio o ~ uth rides.
Uate_1~ ~~ _~L..
Chelan Hallman & Schr~ri~g,`6~P
Lauren R. Tabas, Esq., Id. No.9:3337
Attorney for Plaintiff
l
CI1'IFINANCIAL SERVICES, INC.
vs.
COURT OF COMMON PLEAS
Plaintiff CIVll, DIVISION
N0.:2012-1523-CIVIL
JAMES F. PAGUE
Defendant(s) CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JAMF,S F. PAGUE -
CUMBI:RL.AND CO. AGING AND -~
COMMUNITY SERVICES ~ ~_ ~-'
1100 CLAIRMONT ROAD ~ - ~ -_
CARLISLE, PA 17015 '~ ' ~..
.- r..
;.:v~
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT ANU ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV[OUSLY RECEIVED A DISCHARGE. IN BANKRUPTCY,
THIS IS NO'T AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT' A DEB'T', BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house (real estate) at 17 WYRICK AVENUE, SHIPPENSBURG, PA 17257-1733 is scheduled to
be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $99,116.50 obtained by CITIFINANCIAL
SERVICES, 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 Mf1Y I3li r~I3LE "I~O YRLVENT "THIS SHERIFF'S SAL1~
~l~o prevent this ~iherift"s Sale. you must take immediate action:
l . The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. "I'o find out how much you must pay. you may call: 215-563-7000 x1230.
?. You nnay be able to stop the sale by tiling a petition asking the Court to strike or open the judgment,
ifthe judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
3. ~'ou may also be able to stop they 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. lithe Sheriff s Sale is not stopped, your property will be sold to the highest bidder_ Yi~u may find out the
price bid by calliing 215-563-7000.
?. You may he able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value ui~your property.
3. The sale ~~ ill go through only if the buyer pays the Sheriff the full amount due in the sale. l~o find out if this
has happened, you may call 215-563-7000.
4. If the amuwrt 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. ~1t 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 proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. "fhis schedule will state who will be receiving that money. 1~he 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 tiling of the proposed schedule.
7. S'ou may also have other rights and defenses, or ways of getting your home back. if you act immediately
a(-ter the sale.
YOU SHOULD 'T'AKE "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 FINll OU'T WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAK ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected, situate in Shippensburg
I~ownship, Cumberland County, Pennsylvania, being a portion of Lot No. 9 on the }'lan of Lots
of~John ~1.. V1~'yrick Development, bounded and described as follows:
BEGINNING at a point in the center of Shippen Street at corner of property of James W"eibley,
being Lot No. 8 of said Plan; thence by the center of Shippen Street a distance of se~~enty-five
(75) Icet t.o a point at corner of land formerly of Edna M. Bittinger, nuw of Mrs. David Warren,
being a portion of said I_ot No. 9; thence by the land of the said Mrs. David Warren in an
Easterly direction a distance of severity (70) feet, more or less, to land of,lames F. Reed; thence
by the said Reed land in a Southerly direction a distance of seventy-five (7~) feet to a point at
line of land of the said James Weibley; thence by the same in a Westerly direction a distance of
seventy (7U) feet, more or less, to the place of BEGINNING.
"I~I1~LE TO SAID PREMISES IS VESTED IN James F. Vague and Geraldine B. Pague, his wife,
as tenants by the entireties, by Deed from Lester F. Pague and James F. Pague. dated 08/081 1980,
recorded 09/19/1980 in Book C-29, Page 642.
GER~I,I;~INE B. PAGUE A/K/A GERALDINE L. BOWERS was a co-record owner of the
mortgaged premises as a tenant by the entirety. By virtue of GERALD[NE B. PAtiUE A/K/A
GE12.ALhINE L. BOWERS's death on or about 0]/24/2003, her ownership interest was
automatically vested in the surviving tenant by the entirety, James F. Pague.
PREMISES f3F,ING~ 17 WYI2ICK AVENUE, SHIPPENSBt1RG, PA 17257-1733
PARCEL, NO. 36-35-2388-028
SHORT DESCRIPTION
By virtue of a Writ o.F Execution N0.2012-1523-CIVIL
CITIFINANCIAL SERVICES, INC.
vs.
JAMES 1F. PAGUF.
owner(s) ~ol~ property situate in the TOWNSHIP OF SHIPPENSBURG, Cumberland
County. F'ellnsvlvania, being
(Municipality)
17 WYRICK AVENUE, SHIPPENSBURG, PA 17257-1733
Parcel No. 36-35-2388-028
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMEN"T AMOUNT: $99,116.50
Nhelan Hallman & Schmieg, LLP
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
215-563-7000
Phelan Hallinan, LLP p R 18 QM 9: 4 6
Melissa J. Cantwell, Esq., Id. No.31 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 �11M8ERLAN0 GOUNTY
One Penn Center Plaza pERNSYLVANIA
Philadelphia, PA 19103
Melissa.Cantwell@phelanhallinan.com
215-563-7000
CITIFINANCIAL SERVICES, INC. Court of Common Pleas
Plaintiff :
Civil Division
VS.
CUMBERLAND County
JAMES F. PAGUE
No.: 2012-1523-CIVIL
Defendant
PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion to Reassess Damages,filed on February 13, 2013
in the above referenced action.
. elan Hallinan, LLP
DATE: By:
Melissa J. Cantwell,Esq.,Id.No.30891.2
Attorney for Plaintiff
235701
Phelan Hallinan, LLP
Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Melissa.Cantwell @phelanhallinan.com
215-563-7000
CITIFINANCIAL SERVICES, INC. Court of Common Pleas
Plaintiff :
Civil Division
VS. :
CUMBERLAND County
JAMES F. PAGUE
No.: 2012-1523-CIVIL
Defendant :
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its
Motion to Reassess Damages was served upon the following interested parties on the date
indicated below.
JAMES F. PAGUE JAMES F. PAGUE
C/O BEVERLY CHRIST 17 WYRICK AVENUE .
CUMBERLAND CO. AGING AND SHIPPENSBURG,PA 17257-173.3
COMMUNITY
SERVICES, 1100 CLAIRMONT ROAD JAMES F.PAGUE
CARLISLE, PA 170.15 C/O BEVERLY CHRIST
CLAIREMONT NURSING&REHAB
JAMES F. PAGUE CENTER
16 W HIGH ST 1000 CLAIREMONT ROAD
STE 100 CARLISLE,PA 17013
CARLISLE, PA 17013-2919
Phelan. all'nan, LLP
LL13
DATE: 3;
By:
Melissa J. Cantw sq.,Id.No.3089'12
Attorney for Plaintiff
235701
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff i HE PtiT ' r" ` r-
uan��arr�yb tv,SU dr�E: (
Jody S Smith
Chief Deputy ' t, 2013 MAA Y —7 All 8: 5
Richard W Stewart UMBEIL>` N CQ "i
Solicitor PENNSYLVANIA
Citifinancial Services, Inc. Case Number
vs. 2012-1523
James F Pague
SHERIFF'S RETURN OF SERVICE
12/31/2012 05:10 PM -Deputy Gerald Worthington, being duly sworn according to law, states service was performed
by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 17 Wyrick Avenue, Shippensburg, PA 17257,
Cumberland County.
01/04/2013 Attorney Changed instructions from Personal service to Adult in Charge on 1/3/13. cab.
01/04/2013 03:07 PM -Deputy William Cline, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be Liz Hays, Social Services,
who accepted as"Adult Person in Charge"for James F Pague at Claremont Nursing & Rehabilitation
Center, 1100 Claremont Road, Middlesex Township, Carlisle, PA 17015, Cumberland County.
03/07/2013 Ronny R. Anderson, Sheriff, 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
Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold
the same for the sum of$ 1.00 to Attorney Francis Hallinan, on behalf of CITIFINANCIAL Services, Inc.,
being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $865.79 SO ANSWERS,
April 30, 2013 RONNY R ANDERSON, SHERIFF
t/�-.Ole F Il I�.
J- f G.
' un.YS;ute°hen f,Te!e^,s^,ft,Inc.
CITIFINANCI:AL SERVICES, INC. COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
V.
NO.: 2012-1523-CIVIL
JAMES F. PAGUE .
Defendant(s) .
CUMBERLAND COUNTY
PHS #235701
AFFIDAVIT PURSUANT TO RULE 3129.1
CITIFINANCIAL SERVICES, INC., Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the
Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 17 WYRICK AVENUE,
SHIPPENSBURG,PA 17257-1733.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably
ascertained,please so indicate)
JAMES F.PAGUE CUMBERLAND CO.AGING AND COMMUNITY
SERVICES
1100 CLAIRMONT ROAD
CARLISLE,PA 17015
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
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 Address(if address cannot be
reasonably ascertained,please indicate)
CUMBERLAND COUNTY TAX CLAIM 1 COURTHOUSE SQUARE
BUREAU CARLISLE, PA 17013-3387
CUMBERLAND COUNTY TAX CLAIM 5 S HANOVER ST
BUREAU CARLISLE, PA 17013
C/O STEPHEN D.TILEY, ESQUIRE
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
CUMBERLAND FRANKLIN JOINT 725 MUNICIPAL DR
MUNICIPAL AUTHORITY SHIPPENSBURG,PA 17257
CUMBERLAND FRANKILIN JOINT 129 S PITT ST
r MUNICIPAL AUTHORITY CARLISLE, PA 17013
C/O JAMES M. ROBINSON, ESQUIRE
CUMBERLAND FRANKILIN JOINT 28 S PITT ST
MUNICIPAL AUTHORITY CARLISLE,PA 17013
C/O JAMES M. ROBINSON, ESQUIRE
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 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 Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 17 WYRICK AVENUE
SHIPPENSBURG,PA 17257-1733
COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601
BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128
INHERITANCE TAX DIVISION
DEPARTMENT OF PUBLIC WELFARE,TPL P.O. BOX 8486
CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING
PROGRAM HARRISBURG,PA 17105
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG, PA 17108-1754
FEDERAL BUILDING
DOREEN J.FOUST A/K/A DOREEN J. 1293 N HARMON RD
THRUSH NEWBURG,PA 17240-9104
DAVID J.BOWERS 17 WYRICK AVENUE
SHIPPENSBURG,PA 17257-1733
DEAN A.BOWERS 542 JONATHAN ST
SHIPPENSBURG,PA 17257-8513
JOAN M.FLEAGLE 4476 MIDDLE RIDGE RD
SHIPPENSBURG,PA 17257-9278
LUCINDA V.BETZ 542 JONATHAN ST
SHIPPENSBURG,PA 17257-8513
JANET PAULL OFFICE OF AGING&COMMUNITY SERVICE,
1100 CLAIREMONT ROAD
CARLISLE,PA 17015
I verify that the statements made in this affidZleatlese r true and correct to the best of my personal
knowledge or information and belief. I understand ate eats herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsificatio o th rities.
Date: y:
helan Hal man&Sch g, P
Lauren R. Tabas, Esq., Id.No.93337
Attorney for Plaintiff
CITIFINANCIAL.SERVICES, INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
VS. NO.: 2012-1523-CIVIL
JAMES F. PAGUE
Defendant(s) CUMBERLAND COUNTY
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JAMES F. PAGUE
CUMBERLAND CO. AGING AND
COMMUNITY SERVICES
1100 CLAIRMONT ROAD
CARLISLE,PA 17015
"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,
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 17 WYRICK AVENUE,SHIPPENSBURG,PA 17257-1733 is scheduled to
be sold at the Sheriff s Sale on 03/06/2013 at 10:00 AM in the Cumberland County Courthouse,South
Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$99,116.50 obtained by CITIFINANCIAL
SERVICES,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 canceled 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 x1230.
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 Sheriff s 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 215-563-7000.
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 proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. 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 filing of the proposed schedule.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected, situate in Shippensburg
Township, Cumberland County, Pennsylvania,being a portion of Lot No. 9 on the Plan of Lots
of John A. Wyrick Development, bounded and described as follows:
BEGINNING at a point in the center of Shippen Street at corner of property of James Weibley,
being Lot No. 8 of said Plan; thence by the center of Shippen Street a distance of seventy-five
(75) feet to a point at corner of land formerly of Edna M. Bittinger, now of Mrs. David Warren,
being a portion of said Lot No. 9; thence by the land of the said Mrs. David Warren in an
Easterly direction a distance of seventy (70) feet, more or less, to land of James F. Reed; thence
by the said Reed land in a Southerly direction a distance of seventy-five (75) feet to a point at
line of land of the said James Weibley; thence by the same in a Westerly direction a distance of
seventy (70) feet, more or less, to the place of BEGINNING.
TITLE TO SAID PREMISES IS VESTED IN James F. Pague and Geraldine B. Pague, his wife,
as tenants by the entireties, by Deed from Lester F. Pague and James F. Pague, dated 08/08/1980,
recorded 09/19/1980 in Book C-29, Page 642.
GERALDINE B. PAGUE A/K/A GERALDINE L. BOWERS was a co-record owner of the
mortgaged premises as a tenant by the entirety. By virtue of GERALDINE B. PAGUE A/K/A
GERALDINE L. BOWERS's death on or about 01/24/2003,her ownership interest was
automatically vested in the surviving tenant by the entirety, James F. Pague.
PREMISES BEING: 17 WYRICK AVENUE,SHIPPENSBURG,PA 17257-1733
PARCEL NO.36-35-2388-028
SHORT DESCRIPTION
By virtue of a Writ of Execution NO. 2012-1523-CIVIL
CITIFINANCIAL SERVICES,INC.
vs.
JAMES F. PAGUE
owner(s) of property situate in the TOWNSHIP OF SHIPPENSBURG, Cumberland
County, Pennsylvania, being
(Municipality)
17 WYRICK AVENUE, SHIPPENSBURG, PA 17257-1733
Parcel No. 36-35-2388-028
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
JUDGMENT AMOUNT: $99,116.50
Phelan Hallman&Schmieg,LLP
Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
215-563-7000
WRIT OF EXECUTION and/or ATTACHMENT
,COMMONWEALTH OF PENNSYLVANIA) NO. 12-1523 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC.Plaintiff(s)
From JAMES F.PAGUE
(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: $99,116.50 L.L.: .50
Interest FROM 9/18/2012 TO DATE OF SALE($16.29 PER DIEM)-$2,769.30
Atty's Comm: % Due Prothy:$2.25
Arty Paid: $327.00 Other Costs:
Plaintiff Paid:
Date: 11/5/12
David D. Buell,Prothonota
(Seal) y:
Deputy
REQUESTING PARTY:
Name: LAUREN R. TABAS,ESQUIRE
Address: PHELAN HALLINAN& SCHMIEG, LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 93337
TRUE COPY FROM RECORD
In Testimony whereof,1 here unto set my hand
and the seal of said Court at Carlisle,Pa.
This day of.—_��L ,20 ( c`
Prothy Diary
On November 5, 2012 the Sheriff levied upon the
defendant's interest in the real property situated in
Shippensburg Township, Cumberland County, PA,
Known and numbered as, 17 Wyrick Avenue,
Shippensburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: November 5, 2012
By:
Real Estate Coordinator
:G d
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE PA 17013
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
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of 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 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s)shown below:
31110-''11 23 Clvfl 01/22!13
C1tMnanclial Services, ne. 01/29/13
Ys
sM"F Fates ' 02/45/13
Atty. Frauds.S.Halonan `
By virtu of a Writ of Execution NO. . . . . . . . . . . . . . .
2012-15234CWM
CITIFINANCLAL SERVICES,INC. Sworn to and subscribed before me this 14 day of February, 2013 A.D.
JAMES F.PAGUE
owner(s) of property situate in the
TOWNSHIP OF SHIPMSBURG, t
Cumberland County,Pennsyhrani,%being V NotXTPkW
M
17 � i
SHIPPEN SWRG,PA'17257-1733
Parcel No.3635-2388-02$. C)
m rovetae is ith reon: ) COMMONWEALTH OF PENNSYLVANIA
Improvemems thereon: RESIDENTIAL
DWELLING Notarial Seal
JUDGMENTAivfOUNZv 116.50 Holly Lynn Warfel,Notary Public
Washington Twp.,Dauphin County
My Commission Expires Dec.12,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
ti
CUMBERLAND LAW JOURNAL
Writ No. 2012-1523 Civil
Citifinancial Services,Inc.
VS.
James F.Pague
Atty.: Francis S. Hallman
By virtue of a Writ of Execution
NO. 2012-1523-CIVIL, CITIFINAN-
CIAL SERVICES,INC.vs. JAMES F.
PAGUE owner(s) of property situate
in the TOWNSHIP OF SHIPPENS-
BURG, Cumberland County, Penn-
sylvania.,being 17 WYRICK AVENUE,
SHIPPENSBURG,PA 17257-1733.
Parcel No. 36-35-2388-028.
Improvements thereon:RESIDEN-
TIAL DWELLING.
JUDGMENT AMOUNT: $99,116-
.50.
89
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
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:
January 25, February 1, and February 8, 2013
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.
C s f
r` Aa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
da y of Februai 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
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 Citifinancial Services Inc. is the grantee the same having been sold to said
grantee on the 6th day of March A.D., 2013,under and by virtue of a writ Execution issued on the 5th
day of November, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012
Number 1523, at the suit of Citifinancial Services Inc. against James F. Pague is duly recorded as
Instrument Number 201314824.
IN TESTIMONY WHEREOF, It�have hereunto set my hand
and seal of said office this /� day of
A.D.
lc
ecorder of Deeds
=.:corder of Deeds,Cumberland County,Carlisle,PA
ly Commission Expires the First Monday of Jan.2014
cI
C-)
M Mi
Phelan Hallinan,LLP Attorney For Plaintiff A C�QD
1617 JFK Boulevard,Suite 1400 C:)
Otie Penn Center Plaza 33P
Philadelphia,PA 19103 ;
215-563-7000 C-- t r'
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff
Civil Division
vs
CUMBERLAND County
JAMES F.PAGUE
Defendant No.20124523-CIVIL
PRAECIPE
TO THE PROTHONOTARY:
❑Please withdraw the complaint and mark the action Discontinued and Ended without prejudice.
❑Please mark the above referenced case Settled,Discontinued and Ended.
❑Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
®Please mark the in rein judgment Satisfied and the action Discontinued and Ended.
❑Please Vacate the Judgment entered..
Date: .r 21 PHEL INAN,LLP
By:
Jo ichael Kolesnik,Esq.,Id. No.308877
PHS#235701
Attorney for Plaintiff
G.5o Pb Arril
1-2-6�e30
��a9oq�8
Phelan Hallinan,LLP Attorney for Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff Civil Division
V. CUMBERLAND County
JAMES F.PAGUE No. 2012-1523-CIVIL
Defendant. PHS#235701
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s)on the date listed below:
JAMES F.PAGUE
CUMBERLAND CO.AGING AND COMMUNITY
SERVICES, 1100 CLAIRMONT ROAD
CARLISLE,PA 17015
Date: PHELA AN,LLP
By:
Joh ichael Kolesnik,Esq.,Id.No.308877
Attorney for Plaintiff