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HomeMy WebLinkAbout07-0439PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD HANOVER, MD 21076 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-439-CIVIL TERM STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEVE RADCZENKO A/K/A STEVE K. RADCZENKO and KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $97,033.60 Interest from 01/18/07 to 02/28/07 $1,296.12 TOTAL $989329.72 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237,1, copy attached. DANIEL G. -5CHMIEG, 71RE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ftL-7& --k a/ d 00`I Azv PROP OTHY 145160 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD Plaintiff, v. STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-439-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVE RADCZENKO A/K/A STEVE K. RADCZENKO is over 18 years of age and resides at, 9 ANTHONY DRIVE, MARYSVILLE, PA 17053. (c) that defendant KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO is over 18 years of age, and resides at, 9 ANTHONY DRIVE, MARYSVILLE, PA 17053. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A IEL G. SCHMI , ESQUIRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIFINANCIAL SERVICES, INC. : COURT OF COMMON PLEAS Plaintiff Vs. : CIVIL DIVISION : CUMBERLAND COUNTY STEVE RADCZENKO A/K/A STEVE K. RADCZENKO :NO. 07439-CIVIL TERM KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendants oft TO: 9T?EV ANTHONY DRIVE A/K/A STEVE K. RADCZENKO FILE Uxf MARYSVILLE, PA 17053 DATE OF NOTICE: FEBRUARY 14, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIFINANCIAL SERVICES, INC. : COURT OF COMMON PLEAS Plaintiff Vs. STEVE RADCZENKO A/K/A STEVE K. : CUMBERLAND COUNTY RADCZENKO :NO. 07-439-CIVIL TERM KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendants TO: KATHLEEN RADCZENKO A/K/A KATHLEEN R RADCZENKO 9 ANTHONY DRIVE MARYSVILLEPA17053 FILE CUPY DATE OF NOTICE: FEBRUARY 14, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. : CIVIL DIVISION CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff z Q^ ft- - -Z V L t V Q d 1rJ i r? p1 (. Z C-- y E i, ?? -t (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD Plaintiff, V. STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-439-CIVIL TERM Defendant(s). IEL G. SCHMIEG, QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "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 is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIFINANCIAL SERVICES, INC. Plaintiff, V. No. 07-439-CIVIL TERM STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/28/07 to JUNE 13, 2007 (per diem -$16.16) $98,329.72 $1,696.80 and Costs TOTAL $101,891.02 4 ?/ -"?Y,64 -' ANI GC , ESQUIRE One Penn Center H Gurban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 145160 d O? wa z aa. ? z pW ? U uz p O a ,? V OQ ? ?? W ? U UJI zt , CL f C"i i.Sj z ON ZU A ONO w w W O ? ? H o 0o w O zz w N ?' N U pA W Wz a H ?x H l ?+r v ?r v 3 w s. V V } v1 p J w V v ?, J r e#) en O O off., a ww AA zz xx E-0 E* ?? ?a\ rn -c? d C? o ? O v s? CIS 3 0 Y ? CJ ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-439 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES, INC., Plaintiff (s) From STEVE RADCZENKO A/K/A STEVE K. RADCZENKO AND KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $98,329.72 L.L. $.50 Interest FROM 2/28/07 TO 6/13/07 (PER DIEM - $16.16) - $1,696.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs Plaintiff Paid Date: MARCH 2, 2007 Cuffs R. Lon not (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL SERVICES, INC. Plaintiff, V. STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO : A/K/A KATHLEEN R. RADCZENKO Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-439-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A.4 A 1 .4 -4 _""' " ANI L HMIE SQUIRE Attorney for Plaintiff ?j4 F '6TIFINANCIAL SERVICES, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS STEVE RADCZENKO A/K/A STEVE K. RADCZENKO CIVIL DIVISION KATHLEEN RADCZENKO . A/K/A KATHLEEN R. RADCZENKO NO. 07-439-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIFINANCIAL SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,9 ANTHONY DRIVE, MARYSVILLE, PA 17053, 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 9 ANTHONY DRIVE MARYSVILLE, PA 17053 2. Name and address of Defendant(s) in the judgment: 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 PHYSICIANS FOR WOMEN'S HEALTH USA, Internal Revenue Service, Special Procedures Branch, Federated Investors Tower Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 Lemoyne Sq # 201 Lemoyne, PA 17043 1001 Liberty Ave 13TH Floor, Ste. 1300 Pittsburgh, PA 15222 U.S. Department of Justice, U.S. Attorney, Eastern District of PA ATTN: LISA MURRAY 615 Chestnut Street, Ste. 1250 Philadelphia, PA 19106-4476 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None Name and addresf every other person of whom the plaintiff has knowledge who has any interest in the property which n be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations %berland County Commonwealth of V%nia Department of W elf:, 9 ANTHONY DRIVE MARYSVILLE, PA 17053 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I .verify that the SA made in this affidavit are true and correct to the best of my personal e or 1nformat ief. I understand that false statements herein are made subject to the ?,owledg Of 1g Pa C.S. , r penalties o elating to unsworn lsification to authorities. Fe a 2g 20,107 D?,TE DANIEL HMI , ESQUIRE Attorney for Plaintiff -IF s , Isk 4. Name and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 9 ANTHONY DRIVE MARYSVILLE, PA 17053 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 February 28, 2007 DATE relating to unswom lsification to authorities. DANIEL HMI ESQUIRE Attorney for Plaintiff t`? ` C:) -n CITIFINANCIAL SERVICES, INC. Plaintiff, V. STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendant(s). TO: STEVE RADCZENKO A/K/A STEVE K. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 February 28, 2007 CUMBERLAND COUNTY No. 07-439-CIVIL TERM KATHLEEN RADCZFNKO A/K/A KATHLEEN R. RADCZENK0 9 ANTHONY DRIVE MARYSVILLE, PA 17053 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY." Your house (real estate) at, 9 ANTHONY DRIVE, MARYSVILLE, PA 17053, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,329.72 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 cancelled 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 m: call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or oper 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION All THAT CERTAIN, tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Forest Avenue, formerly North Second Street, at lots now or formerly of Robert Myers; thence by the south side of Forest Avenue N 68 degrees 13 minutes E 145.00 feet; thence by same S 80 degrees 47 minutes E 69.87 feet to a point at a curve; thence by same and a curve to the right having a chord bearing S 20 degrees 08 minutes 30 seconds E 87.16 feet and a radius of 50.0 feet with an arc length of 105.84 feet to a point in Anthony Drive, formerly Front Street; thence through same S 40 degrees 30 minutes W 179.82 feet to a point at land of now or formerly of John Sharp, Lot No. 92; thence by same N 49 degrees 30 minutes W 150.00 feet to a point at lots now or formerly of Robert Myers N 40 degrees 30 minutes E 30.0 feet to a point; thence by same N 21 degrees 47 minutes W 60.00 feet to the place of beginning. CONTAINING 34,965 square feet more or less. BEING an unnumbered lot on the Plan of Overview and is subject to the restrictions of the Plan, recorded in Cumberland County Plan Book "1", Page 53. THE premises is subject to the restrictions in the Order and Will of Annie Wilcox Seitz recorded in Dauphin County Will Book 56, page 303, reserving the right to use sewage disposal or septic tank at the south east corner of said lot and conditions relative to the water supply system set forth in the First Codicil of the Will of Annie Wilcox Seitz, deceased. The above described tract is subject to the restrictions of record in Cumberland County Deed Book "R", Vol. 8, page 411, imposed on other lots in the development known as Overview as the restrictions may affect these premises by implication. SUBJECT also to building, zoning and other deed restrictions and easements of record of visible by inspection. BEING the same premises which Daniel Ward Seitz by his deed dated December 3, 1984 and recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book B, Volume 31, page 137, granted and conveyed unto Stephen Radczenko and Kathleen Radczenko, husband and wife and Karen K. Harnish, Grantors herein. PREMISES BEING: 9 ANTHONY DRIVE MARYSVILLE, PA 17053 PARCEL #09-11-3002-009 r-a ? ?? ? ?_ ? ?? 4 i'.} ?c - .... °f ' t ..-f I _"y t,? . R F '*+ ,?.. ? f ?? t _;. _ { ? ? n , ;-{l - - r ,? .?? .. :. ,?, ?c a- .? _. ?.? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 145160 CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD HANOVER, MD 21076 V. Plaintiff STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS - CIVIL DIVISION TE NO. 07 - q2? RM ei.L7?L*y, CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 145160 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 145160 Plaintiff is CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD HANOVER, MD 21076 2. The name(s) and last known address(es) of the Defendant(s) are: STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/27/2003 mortgagor(s) 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: 1799, Page: 4269. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/07/2006 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 #: 145160 6. The following amounts are due on the mortgage: Principal Balance $90,172.56 Interest 5,061.04 08/07/2006 through 01/17/2007 (Per Diem $30.86) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 02/27/2003 to 01/17/2007 Cost of Suit and Title Search 550.00 Subtotal $ 97,033.60 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 97,033.60 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 97,033.60, together with interest from 01/17/2007 at the rate of $30.86 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA LLINAN & SCHMIEG, L LP By: s/FrancislinaiTJ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 145160 LEGAL DESCRIPTION All THAT CERTAIN, tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Forest Avenue, formerly North Second Street, at lots now or formerly of Robert Myers; thence by the south side of Forest Avenue N 68 degrees 13 minutes E 145.00 feet; thence by same S 80 degrees 47 minutes E 69.87 feet to a point at a curve; thence by same and a curve to the right having a chord bearing S 20 degrees 08 minutes 30 seconds E 87.16 feet and a radius of 50.0 feet with an arc length of 105.84 feet to a point in Anthony Drive, formerly Front Street; thence through same S 40 degrees 30 minutes W 179.82 feet to a point at land of now or formerly of John Sharp, Lot No. 92; thence by same N 49 degrees 30 minutes W 150.00 feet to a point at lots now or formerly of Robert Myers N 40 degrees 30 minutes E 30.0 feet to a point; thence by same N 21 degrees 47 minutes W 60.00 feet to the place of beginning. CONTAINING 34,965 square feet more or less. BEING an unnumbered lot on the Plan of Overview and is subject to the restrictions of the Plan, recorded in Cumberland County Plan Book ' 1', Page 53. THE premises is subject to the restrictions in the Order and Will of Annie Wilcox Seitz recorded in Dauphin County Will Book 56, page 303, reserving the right to use sewage disposal or septic tank at the south east corner of said lot and conditions relative to the water supply system set forth in the First Codicil of the Will of Annie Wilcox Seitz, deceased. The above described tract is subject to the restrictions of record in Cumberland County Deed Book'R', Vol. 8, page 411, imposed on other lots in the development known as Overview as the restrictions may affect these premises by implication. SUBJECT also to building, zoning and other deed restrictions and easements of record of visible by inspection. BEING the same premises which Daniel Ward Seitz by his deed dated December 3, 1984 and recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book B, Volume 31, page 137, granted and conveyed unto Stephen Radczenko and Kathleen Radczenko, husband and wife and Karen K. Hamish, Grantors herein. PROPERTY BEING: 9 ANTHONY DRIVE File #: 145160 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. - '4' ? )?' ??- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ' 1 q w © ` T --t `ra CJ -? S I 'I1 cr? ctlo) SHERIFF'S RETURN - REGULAR ' CASE NO: 2007-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS RADCZENKO STEVE ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RADCZENKO STEVE AKA STEVE K RADCZENKO the DEFENDANT , at 1820:00 HOURS, on the 24th day of January 2007 at 9 ANTHONY DRIVE MARYSVILLE, PA 17053 by handing to KATHLEEN RADCZEKO, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 / 42.96 ? 01/25/2007 PHELAN HALLINAN SCHMIEG i.aq-off Sworn and Subscibed to Dib By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR 19 --. CASE NO: 2007-00439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS RADCZENKO STEVE ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ? mn r'1 r7 TATTrt-N TZA TT-TT VVAT AVA VAMWT.FW'kT R RA.nr7FNKn the DEFENDANT , at 1820:00 HOURS, on the 24th day of January 2007 at 9 ANTHONY DRIVE MARYSVILLE, PA 17053 KATHLEEN RADCZEKO by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn an u S sci e o before me this of 6.00 .00 .00 10.00 .00 16.0011 d b 'b d t ?? day So Answers: R. Thomas Kline 01/25/2007 PHELAN HALLINAN SCHMIEG V By: Deputy Sheriff A. D. Citifinancial Services, Inc. In The Court of Common Pleas of VS Cumberland County, Pennsylvania Steve Radczenko a/k/a Steve K. Radczenko Writ No. 2007-439 Civil Term Kathleen Radczenko a/k/a Kathleen R. Radczenko R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Advertising 15.00 Posting Handbills 15.00 Poundage 13.27 Levy 15.00 Mileage 32.64 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Law Journal 355.00 Patriot News 153.17 Surcharge 30.00 ? $ 676.75 ? Llbglbj -. So A R. Thomas Kline, Sheriff Byd- Real Estate 'ergeant CAE 6T 5'q(1 l, g35Z7 CITIFINANCIAL SERVICES, INC. 1 i . CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS STEVE RADCZENKO . A/K/A STEVE K. RADCZENKO CIVIL DIVISION KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO NO. 07-439-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIFINANCIAL SERVICES, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,9 ANTHONY DRIVE, MARYSVILLE, PA 17053. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 9 ANTHONY DRIVE MARYSVILLE, PA 17053 2. Name and address of Defendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) PHYSICIANS FOR WOMEN'S HEALTH USA, Internal Revenue Service, Special Procedures Branch, Federated Investors Tower U.S. Department of Justice, U.S. Attorney, Eastern District of PA ATTN: LISA MURRAY 1 Lemoyne Sq # 201 Lemoyne, PA 17043 1001 Liberty Ave 13TH Floor, Ste. 1300 Pittsburgh, PA 15222 615 Chestnut Street, Ste. 1250 Philadelphia, PA 19106-4476 4. Na;n-- and address of last recorded holder of every mortgage of record: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 9 ANTHONY DRIVE MARYSVILLE, PA 17053 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn lsification to authorities. February 28, 2007 DATE DANIEL HMI , ESQUIRE Attorney for Plaintiff t.? CITIFINANCIAL SERVICES, INC. Plaintiff, V. CUMBERLAND COUNTY No. 07-439-CIVIL TERM STEVE RADCZENKO A/K/A STEVE K. RADCZENKO KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO Defendant(s). February 28, 2007 TO: STEVE RADCZENKO A/K/A STEVE K. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 "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 BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO ULD NOT BE CONSTR UED TO BE AN ATTEMPT TO COLLECT A DEBT, B UT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY * * Your house (real estate) at, 9 ANTHONY DRIVE, MARYSVILLE, PA 17053, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $98,329.72 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 cancelled 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. 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. A, f' DESCRIPTION All THAT CERTAIN, tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the south side of Forest Avenue, formerly North Second Street, at lots now or formerly of Robert Myers; thence by the south side of Forest Avenue N 68 degrees 13 minutes E 145.00 feet; thence by same S 80 degrees 47 minutes E 69.87 feet to a point at a curve; thence by same and a curve to the right having a chord bearing S 20 degrees 08 minutes 30 seconds E 87.16 feet and a radius of 50.0 feet with an arc length of 105.84 feet to a point in Anthony Drive, formerly Front Street; thence through same S 40 degrees 30 minutes W 179.82 feet to a point at land of now or formerly of John Sharp, Lot No. 92; thence by same N 49 degrees 30 minutes W 150.00 feet to a point at lots now or formerly of Robert Myers N 40 degrees 30 minutes E 30.0 feet to a point; thence by same N 21 degrees 47 minutes W 60.00 feet to the place of beginning. CONTAINING 34,965 square feet more or less. BEING an unnumbered lot on the Plan of Overview and is subject to the restrictions of the Plan, recorded in Cumberland County Plan Book "1", Page 53. THE premises is subject to the restrictions in the Order and Will of Annie Wilcox Seitz recorded in Dauphin County Will Book 56, page 303, reserving the right to use sewage disposal or septic tank at the south east corner of said lot and conditions relative to the water supply system set forth in the First Codicil of the Will of Annie Wilcox Seitz, deceased. The above described tract is subject to the restrictions of record in Cumberland County Deed Book "R", Vol. 8, page 411, imposed on other lots in the development known as Overview as the restrictions may affect these premises by implication. SUBJECT also to building, zoning and other deed restrictions and easements of record of visible by inspection. BEING the same premises which Daniel Ward Seitz by his deed dated December 3, 1984 and recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book B, Volume 31, page 137, granted and conveyed unto Stephen Radczenko and Kathleen Radczenko, husband and wife and Karen K. Harnish, Grantors herein. PREMISES BEING: 9 ANTHONY DRIVE MARYSVILLE, PA 17053 PARCEL #09-11-3002-009 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-439 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 STEVE RADCZENKO A/K/A STEVE K. RADCZENKO AND KATHLEEN RADCZENKO A/K/A KATHLEEN R. RADCZENKO (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $98,329.72 L.L. $.50 Interest FROM 2/28/07 TO 6/13/07 (PER DIEM - $16.16) - $1,696.80 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $140.96 Other Costs Plaintiff Paid Date: MARCH 2, 2007 Curtis K. Long, Protbba;TW (Seal) By; Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 'RUE COPY FROM ;l . . Pa Real Estate Sale # 79 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 9 Anthony Drive, Marysville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15, 2007 By: Real Estate Sergeant t? C Cj III u Lulh0l K ? ' 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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/ Metro editions which appeared in the 18th day(s) of April 2007. That neither he 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 he 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 SALE#79 Swornto and subscribed.betQrp-mc,#iis,18"1(-.4f 1Y u2007 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County My Cojnmission Expires June 6, 2010 Metflhar nnncVh! ;c()ci»tinn of Notaries Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 RMAL > ? 11pt TO Wo" SIMO RhdaN*o, able SIPM K. Kse?tllnrrtomMlst? aAati Aft DE hTION All THAT CERTAIN, tract or parcel of Iced sad prearn a, riaeale, ly" and be ig m the mwip of East of p4?yM?MMI err/ of 4? 7-111 now at a PwI on the south slide of Muerly North Second `IK brat osorerly of Robert Myers; theace by the soulk spa of tAscmne N 69 4Ww 13 rnisaft E 145.00 beet; thence by same S 80 degrees 47 miinea E 6 W W to a point at a cum, tionce by setae and a curve-fa the right having a chard be* S 20 dog?ce4,09 minus 30 seconds E 87.16 feet and a radius of 50.0 fleet with an we length of 145.84 feet-to a point in Anthony Drive, fot nerdy Rat S4nxt; thence ligangh same S 40 degrees 30 minutes W 119.82 feet to a point at hand of now or formerly of John Sharp, Lot No.92;thenoe bya m N49 30 Pees W 1 _00 fed to a paid[ at ntaw of featuddy a£=f Myers N 40 dWm 30 aaimesE30LO feet to a point: thence by same N Zl demos 47 sbaw * 60AO feat b the 00 of beg amg 34,9ti1 agaraia f ra t tteaee a bra. am as un"Obaeed lot an do Plum of N view and is mbject in the nalotions of the fan, mco pled in Ciusbaland County. Pin BookllLPage53. IRE parmises is subject to theta in the !bider and VM of Annie Wilcox Seitz recorded in Dmpbim;Coumy WiIR Book 56, page 303, auserving the, right to at aewage disposal or Ophe tank at the soiuth earl caner of said lot ind oaf awn to the w2w strpjuty . system set forth in the First Codicil of the Wr?l ofAnwW cozSeibz deogaed. The above described tract is subject to the rpauictions of record in Cmbaland County Deed Book' W VaL 1, page 411, imposed on other lots 2 the developer known as Overview is the resMm may meet these SDIBM T also to bn7dimg, coring ad other deed n ors and gremenrs of reowd of vipble by inspdton. AM the. am premise which David Wad Seitz by his deed dined *ember 3,J964 red recorded m the office of the Relcaa W At )leads 31, pW eONNOW now Wind sod? Wife and 9 Awww ^1 rea PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 April 20, 2007 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. -12- a Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 20 day of April, 2007 Pt "` LAL REAL ESTATE SALE NO. 79 Writ No. 2007-439 Civil CITIFINANCIAL Services, Inc. VS. Steve Radczenko, a/k/a Steve K. Radczenko Kathleen Radczenko a/k/a Kathleen R. Radczenko Atty.: Daniel Schmieg DESCRIPTION All THAT CERTAIN, tract or par- cel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the south side of Forest Avenue, for- merly North Second Street, at lots now or formerly of Robert Myers; thence by the south side of Forest Avenue N 68 degrees 13 minutes E 145.00 feet; thence by same S 80 degrees 47 minutes E 69.87 feet to a point at a curve; thence by same and a curve to the right having a chord bearing S 20 degrees 08 min- utes 30 seconds E 87.16 feet and a radius of 50.0 feet with an arc length of 105.84 feet to a point in Anthony Drive, formerly Front Street; thence through same S 40 degrees 30 minutes W 179.82 feet to a point at land of now or formerly of John Sharp, Lot No. 92; thence by same N 49 degrees 30 minutes W 150.00 feet to a point at lots now or formerly of Robert Myers N 40 degrees 30 minutes E 30.0 feet to a point; thence by same N 21 de- grees 47 minutes W 60.00 feet to the place of beginning. CONTAINING 34,965 square feet more or less. BEING an unnumbered lot on the Plan of Overview and is subject to the restrictions of the Plan, recorded in Cumberland County Plan Book "1", Page 53. THE premises is subject to the restrictions in the Order and Will of Annie Wilcox Seitz recorded in Dau- phin County Will Book 56, page 303, reserving the right to use sewage disposal or septic tank at the south east corner of said lot and condi- tions relative to the water supply system set forth in the First Codicil of the Will of Annie Wilcox Seitz, deceased. The above described tract is sub- ject to the restrictions of record in Cumberland County Deed Book "R7, Vol. 8, page 411, imposed on other lots in the development known as Overview as the restrictions may affect these premises by implica- SUWECT also to building, zOn- ing and other deed restrictions and easements of record of visible by inspection. BEING the same premises deiced Daniel Ward Sdtz by his deed December 3. 1984 and recorded in the office of the Recordde of BDeeds ook of Cumberland County in Deed ranted B, Volume 31, page 137, granted and conveyed unto Stephen Radczenko and Kathleen Radczen- ko, husband and wife and Karen K. Harnish, Grantors herein. PREMISES BEING: 9ANTHONY DRIVE, 1dp%RYSVILI.E, P PARCEL #09-11-3002-009.