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HomeMy WebLinkAbout03-0698BANKERS TRUST COMPANY OF CALIFORNIA, NA, AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff VS. STEPHEN RADCZENKO, JR. IENEAN M. RADCZENKO Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AV1SO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTIC1PACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICAR10, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff VS. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION LAW : ACTION OF MORTGAGE FORECLOSURE STEPHEN RADCZENKO. JR. AND JENEAN M. RADCZENKO, Defendants THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff VS. STEPHEN RADCZENKO, JR. JENEAN M. RADCZENKO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (~....9._~ ~ (.~ ~ ~' ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A, is a Corporation, acting through its servicing agent of Alliance Mortgage Company, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. Defendant, STEPHEN RADCZENKO, JR. is an adult individual, whose last known address is 311 VALLEY STREET, SUMMERDALE, PENNSYLVANIA 17093. Defendant, JENEAN M. RADCZENKO, is an adult individual, whose last known address is 311 VALLEY STREET, SUMMERDALE, PENNSYLVANIA 17093. On or about, July 20, 1997, the said Defendants, executed and delivered a Mortgage Note in the sum of $61,650.00 payable to MELLON BANK, NA. The Said Note is not accessible to Plaintiff and is believed to have been lost. In further answer thereto, a copy is believed to be in the possession of Defendants. Plaintiff also avers that the within Mortgage foreclosure complaint is based upon the Mortgage and that the attachment of a copy of the Note is unnecessary pursuant to Rules 1019(h) and 1141(a) of the Pennsylvania Rules of Civil Procedure. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants, made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1396, Page 742 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to BANKERS TRUST COMPANY OF CALIFORNIA NA, AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A and recorded in the aforesaid County in Mortgage Book 581, Page 485. The Said Mortgage is attached hereto as Exhibit "A". 5. The land subject to the Mortgage is: 311 VALLEY STREET, SUMMERDALE, PENNSYLVANIA 17093 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on October 01,2002 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $10.68 per day From 09/01/2002 To 03/01/2003 ( based on contract rate of 6.750%) Accumulated Late Charges Late Charges $19.99 From 10/01/2002 to 03/01/2003 Escrow Balance Attorney's Fee at 5% of Principal Balance TOTAL $57,789.57 $2,264.15 $105.43 $139.92 $66.38 $2,889.48 $63,254.93 **Together with interest at the per diem rate noted above after March 01, 2003 and other charges and costs to date of Sheriff's Sale. 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 Sheriff' s Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.750% ($10.68 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs Sale and for foreclosure and sale of the property within described. .~//~ By: ' [ eUo~. HL~lier~. E~Js qGuir&e HALLER Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ;~CEER1 P. ~_II!GLER !~i:!;0F.D.~!~ OF DEEDS ¢;UUI~LRLA/ID '9'! JUl. ~1 MORTGAGE ees~ee SIXTY ONE T.OUSAND $:3( HUNDRED F~FT~ ,AND .0,0/.100 ......... a th .... (late a~ this Se¢uH~y Inst~ument Sj~%~ ~,.. ~ ~nnsylvanl. 17093 ('Pimp.rtl'Add--'); 744 ~ LEGJtL DESCRIPTION ;ULL ~AT CEBTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, according to a survey of Ernest J. Walker, Professional Engineer, dated December 19, 1968, to wit: BBGI~NING at a point at an iron pin on the Southern line of Valley Street, at the dividing line between Lots Nos. 4 and 5 on the hereinafter mentioned plan of Lots and being a distance of 252.3 feet measured Westwardly by the Southern line of Valley Street from Third Street; thence along the dividing line between Lots Nos. 4 and 5 on said Plan, South 15 degrees East, 156.25 feet to a point at an iron pin on the Northern line of a 16 feet wide alley (unopened); thence along the Northern line of sa~d alley, South 76 degrees 26 minutes West, 50 feet to a point at an iron pin being the dividing line between Lots NOS. 5 and 6 on said Plan; thence along the dividing line between Lots NOS. 5 and 6 on said Plan, North 15 degrees West, 155 feet to a point at an iron pin on the Southern line of Valley Street; thence along the Southern line of Valley Street, North 75 degrees East, 50 feet to a point, the place of BEGINNING. BEING Lot NO. 5, Section E, Plan of Su~aerdale as recorded in Cumberland County Recorder of Deeds Office in Plan Book 1, Page 44 (Revised Plan Book 2, Page 109}. ~AVING THEREON ERECteD a one and one-half story frame dwelling. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements and conditions as contained in prior instruments of record pertaining to said premises. BEING THE SAME PREMISES which James R. Burkepile and Patti E. Kost-Burkepile, formerly known as Patti E.aKost, husband and wife, by their deed to be recorded simultnagously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Stephen Radczenko, Jr. and Jenean M. Radczenko. COMPANY NAME: VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Dated ~ 13, 2003 ~. Michele de Craen Title: Assistant Secretary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00698 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS RADCZENKO STEPHEN JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT P~ADCZENKO JENEAN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , NOT FOUND , as to , RADCZENKO JENEAN M JENEAN M. RADCZENKO DOES NOT LIVE AT ADDRESS PROVIDED. Sheriff's Costs: Docketing 6.~00 Service .~0 Not Found 5.Q0 Surcharge 10.d0 21./00 [? Th--~' Kline ' Sheriff of Cumberland County PURCELL KRUG HALLER 02/25/2003 Sworn and subscribed to before me this ~ day of ~ ~l~-5 A.D. PrOthonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00698 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS RADCZENKO STEPHEN JR ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT RADCZENKO STEPHEN JR unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to , RADCZENKO STEPHEN JR STEPHEN RADCZENKO JR DOES NOT LIVE AT ADDRESS PROVIDED. Sheriff's Costs: Docketing Service Not Found Surcharge 18 00 00 5 00 10 00 00 33 00 Sheriff of Cumberland County PURCELL KRUG HALLER 02/25/2003 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-00698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS RADCZENKO STEPHEN JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANDERSON DERRICK-TENANT the DEFENDANT , at 2003:00 HOURS, on the 24th day of February , 2003 at 311 VALLEY STREET SUMMERDALE, PA 17093 by handing to DERRICK ANDERSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 02/2s/2003 PURCELL KRUG HALLER Deputy sheriff Prothonotary _ SHERIFF'S RETURN - REGULAR CASE NO: 2003-00698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS P~ADCZENKO STEPHEN JR ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ANDERSON JEAN-TENANT the DEFENDANT , at 2003:00 HOURS, on the 24th day of February , 2003 at 311 VALLEY STREET SUMMERDALE, PA 17093 by handing to JEAN ANDERSON 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 6 00 11 04 00 10 00 00 27 04 Sworn and Subscribed to before me this day of A.D. Prothonotary So Answers: R. Thomas Kline ~ 02/25/2003 PURCELL KRUG HALLER Deputy Sheriff BANKERS TRUST CO. OF CA N.A. AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE Plaintiff VS. STEPHEN RADCZENKO JENEAN M. RADCZENKO Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-698 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: March 28, 2003 ti PLEASal '{I~4~-EVFA~,~;P AND RETURN i! PURCELL, KRUG, & HALLER Leon P. Haller 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JIL VALERIE A. GUNN JILL M. WINEKA BRIAN J. TYLER NICHOLE M. STALEY PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 FAX (717) 234-1206 E-MAIL: MTG~PKH.COM JOSEPH NlSSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD (717) 533-3836 March 28, 2003 Cumberland County Prothonotary 1 Courthouse Square Carlisle, PA 17013-3387 RE: 03-698 BANKERS TRUST CO. OF CA, N.A,. AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE vs. STEPHEN RADCZENKO JENEAN M. RADCZENKO Dear Sir/Madam: Enclosed please find One Original and a copy of the Praecipe to Reinstate Complaint as well as 2 copies of the Complaint. Please time-stamp the copy and return to me in the self-addressed stamped envelope. Please time stamp the complaints as well and return the reinstated complaints to our office as soon as possible so that we may attempt out of state service for Stephen Radczenko and Jenean M. Radczenko. Thank you in advance for your help and coopertation. Very Truly Yours, Michelle Mo~ow Paralegal for Leon P. Haller BANKERS TRUST CO. OF CA N.A. AS TRUSTEE OF MELLON MORTGAGE CRA MORTGAGE Plaintiff VS. STEPHEN RADCZENKO JENEAN M. RADCZENKO Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 03-698 PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the complaint on the above captioned matter. DATE: April 24, 2003 PURCELL, KRUG, & HALLER Leon P. Hailer 1719 North Front Street Harrisburg, Pa. 17102 Attorney for Plaintiff Attorney ID# 15700 CASE NO: 2003-0069B P CoMMONWEALT~ OF pENNSYLVANIA: COUNTY OF CUMBERLAND VS sheriff or Deputy sheriff of who being duly sworn according to laW, cumberland County'pennsylvania' was sayS, the within ~ MARYSVILLE, PA 17053 JENEAN M RADCZENKO, WIFE a true and attested copy of served upon the on the 6t_~h day by handing to together with and at the same time directing He~r attention to the contentS thereof- sheriff's costS: 18.00 Docketing 10.35 Service 9.00 Out of Co 10.00 Surcharge .00 35 Sworn and subscribed to before ~ day of me this ~ A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2003-00698 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANKERS TRUST COMPANY OF CA VS RADCZENKO STEPHEN JR ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon the RADCZENKO JENEAN M DEFENDANT , at 1622:00 HOURS, on the 6th day of May 2003 at 9 ANTHONY DRIVE MARYSVILLE, PA 17053 by handing to JENEAN M RADCZENKO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing He~r attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /2 ~ _ day of ~ ~ ~L~W3~% A.D. --7 ~rothonot ary So Answers: R. Thomas Kline 05/07/2003 BANKERS TRUST COMPANY OF : CALIFORNIA, NA AS TRUSTEE OF : MELLON CRA MORTC~GE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. RADCZENKO, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE P RA E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance Interest (Per diem of $10.68 from 9/1/02 to 3/1/03) Accumulated late charges Late charges ($19.99 per month to 3/03) Escrow Deficit 5% Attorney's Commission $57,789.57 $ 2,264.15 $ 105.43 $ 139.92 $ 66.38 $ 2,889.48 TOTAL $63,254.93** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. RCELL,~ Leon P. Hailer PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:/M KF\DOCS\C U MB ERLA/RADC P BANKERS TRUST COMPANY OF : CALIFORNIA, NA AS TRUSTEE OF : MELLON CRA MORTGAGE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. RADCZENKO, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on JUNE 25, 2003 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller PA I.D. Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front St. Harrisburg, PA 17102 ~15700 ~ANKERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A Plaintiff VS. STEPHEN RADCZENKO, JR. JENEAN M. RADCZENKO Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-698 CIVIl ACTION LAW IN MORTGAGE FORECLOSURE DATE OF THIS NOTICE: June 25, 2003 TO: STEPHEN RADCZENKO, JR. 9 ANTHONY DRIVE MARYSVIILE, PA 17(}53 JENEAN M. RADCZENKO 9 ANTHONY DRIVE MARYSVIILE, PA 17053 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAKING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 BANKERS TRUST COMPANY OF : CALIFORNIA, NA AS TRUSTEE OP : MELLON CP~A MORTGAGE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. RADCZENKO, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE NON MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, e Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according te law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they in any way ~hich would bring them within the Soldiers and engaged Sailors Relief Act of 1940, as amended. Sworn to and subscribed : day : befor~melthis ~0 ~ of~, : LEON P. HALLER, ESQUIRE IN THE COURT OF COMMON PLEAS OF CUMBERL~kND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2003 698 CIVIL BANKERS TRUST COMPANY OF CALIFORNIA, NA, AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A, PLAINTIFF VS. STEPHEN 9ADCZENKO, JR. JENEAN M. RADCZENKO, DEFENDANT(S) TOTAL AMOLINT OF JUDGMENT $63,254.93 Interest at $10.68 per diem to sale date $ 3,033.12 Late charges at $19.99 per month to sale date $ 179.91 Escrow Deficit $ 2,000.00 TOTAL $68,467.96* *SALE DATE: WEDS.,DEC. 10, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Date: September !9, 2003 Attorney for Plaintiff 1719 North Pront Street Harrisburg, PA 1'7102 (717) 234 4178 Execution in the above captioned case. Leon P. Halle~r PA I.D. #15700 ~RIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 311 VALLEY STREET, SUMMERDALE, PA 17093. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY K iM K FiDOCS/CU MB ERLA\RADC W ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvarda, more particularly bounded and described as follows, according to a sur- vey of Ernest J. Walker, Professional Engineer, dated December 19, 1968, to wit: BEGINNING at a point at an iron pin on the southern line of Valley Street at the dividing line be- tween Lot Nos. 4 /md 5 on the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet measured westwardly by the southern line of Valley Street from Third Street; thence along the dividing line between Lot Nos. 4 and 5 on said Plan, South 15 degrees East, 156.25 feet to a point at an iron pin on the northern line of a 16 foot wide alley {unopened); thence along the northern line of said alley, South 76 degrees 26 m/nutes West, 50 feet to a point at an iron pin, being the dividing line between Lot Nos. 5 and 6 on said Plan; thence along the dividing line be- tween Lot Nos. 5 and 6 on'said Plan, North 15 degrees West, 155 feet to a point at an iron pin on the southern line of Valley Street; thence along the southern line of Valley Street, North 75 degrees East, 50 feet to a point, the place of BEGINNING. BEING Lot No. 5, Section E, Plan of Summerdale, as recorded in the Cumberland County Re- corder of Deeds Office in Plan Book 1, Page 44, {Revised Plan Book 2, Page 109). HAVING THEREON ERECTED A 1 1/2 story frame dwelling known as 311 Valley Street, Summerdale, PA 17093. Assessment ~09--12-2994-073 BEING THE SAME PREMISES WHICH James R. Burkepile and Patti E. Kost- Burkepile, by deed dated 7/30/97 and recorded 7/31/97 in Deed Book 161 Page 1107 granted and conveyed unto Stephen Radczenko, Jr. and Jenean M. Radczenko. TO BE SOLD AS 'rHE PROPERTY OF STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO ON CUMBERLAND COUNTY JUDGMENT NO. 2003 698. BANKERS TRUST COHPANY OF : CALIFORNIA, NA AS TRUSTEE OF : MELLON CRA MORTGAGE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. RADCZENKO, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 311 VALLEY STREET, SUMMERDALE, PA 17093: 1. Name and address of the Owner{s) or Reputed Owner(s): Stephen Radczenko, Jr. 9 Anthony Drive Marysville, PA 17053 Jenean M. Radczenko 9 Anthony Drive Harysville, PA i[7053 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: East Pennsboro Township Municipal Authority 98 S. Enola Drive Enola, PA 1702!5 Redevelopment Authority of Cumberland County Township of East Pennsboro 98 S. Enola Drive Enola, PA 1702!5 4. Name and address of last recorded holder of every mortgage of record: K !M KF/DOCS/CU M BE RLAiRADC PTF PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: UNKNOWN 6. Name arid address of every other person who has any record interest in the property and whose interest may be affected by the sale: UNKNOWN 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: TENANTS IF ANY ... Derrick Anderson 311 Valley Street Summerdale, PA 11093 Jean Anderson 311 Valley Street Summerdale, PA 17093 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities.~ ~_ Leon P. Hailer PA I.D. ~15700 Purcell, Krug & Hailer 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A, PLAINTIFF VS. STEPHEN RADCZENKO, JR. JENEAN M. R_ADCZENKO, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property held: DATE: TIME: LOCATION: WEDNESDAY, DECEMBER 10, 2003 (real estate) will be lO:O0 O'clock A.M. Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 9 A/qTHONY DRIVE MARYSVILLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $63,254.93 under or pursuant to which your property is being sold is docketed in the within Commonwealth and. County to: NO. 2003 698 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: K:\MKF/DOCS/CUMB E RLA\RADC NOS STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part o~ the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it. within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME A_ND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JLrDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE T~E S~ERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particul~rly bounded and described as follows, according to a sur- vey of Ernest J. Walker, Professional Engineer, dated December 19, 1968, to wit: BEGINNING at a point at an iron pin on the southern line of Valley Street at the dividing line be- tween Lot Nos. 4 and 5 on the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet measured westwardly by the southern line of Valley Street from Third Street; thence along the dividing line between Lot Nos. 4 and 5 on said Plan, South 15 degrees East, 156.25 feet to a point at an iron pin on the northern line of a 16 foot wide alley (unopened); thence along the northern line of said alley, South 76 degrees 26 minutes West, 50 feet to a point at an iron pin, being the dividing l/ne between Lot Nos. 5 and 6 on said Plan; thence along the dividing line be- tween Lot Nos. 5 and 6 on said Plan, North 15 degrees West, 155 feet to a point at an iron pin on the southern line of Valley Street; thence along the southern line of Valley Street, North 75 degrees East, 50 feet to a point, the place of BEGINNING. BEING Lot No. 5, Section E, Plan of Summerdale, as recorded in the Cumberland County Re- corder of Deeds Office in Plan Book 1, Page 44, (Revised Plan Book 2, Page 109). HAVING THEREON ERECTED A 1 1/2 story frame dwelling known as 311 Valley Street, Summerdale, PA 17093. Assessment #09-12-2994-073 BEING THE SAME PREMISES WHICH James R. Burkepile and Patti E. Kost- Burkepile, by deed dated 7/30/97 and recorded 7/31/97 in Deed Book 161 Page 1107 granted and conveyed unto Stephen Radczenko, Jr. and Jenean M. Radczenko. TO BE SOLD AS THE PROPERTY OF STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO ON CUMBERLAND COUNTY JUDGMENT NO. 2003 698. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, NA, AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A, Plaintiff (s) From STEPItEN RADCZENKO, JR. AND JENEAN M. RADCZENKO (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 attachmem 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 prope~:y of the defendam(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 $63,254.93 L.L. Interest AT $10.68 PER DIEM TO SALE DATE $3,033.12 Atty's Comm % Due Prothy $1.00 Arty Paid $242.39 Other CostsLATE CHARGES AT $19.99 PER MONTH TO SALE DATE $179.91 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothonotary Deputy Bankers Trust Company of California In the Court of Common Pleas of NA as Trustee of Mellon CRA Mortgage Cumberland County, Pennsylvania Loan Trust 1998-A Writ No. 2003-698 Civil Term VS Stephen Radczenko, Jr. and Jenean M. Radczenko R. Thomas Kline, Sheriff, who being duly swom according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs: Docketing 30.00 Poundage 26.58 Advertising 15.00 Mileage 11.73 Levy 15.00 Surcharge 30.00 Prothonotary 1.00 Share of Bills 28.90 $ 158.21 paid by attorney 10/10/03 This lq ? day of (.~t~?~ f~( ~- R. Thomas Kline, Sheriff 2003, A.D. O. r BYd da.5 ; Prothonotary Real Esta[e Deputy ~1,oO C~ q ~,,.~. BANKERS TRUST COMPANY OF CALIFORNIA, NA AS TRUSTEE OF : MELLON CP31 MORTGAGE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. RADCZENKO, : DEFENDANTS : IN THE COURT OF COMMON PLEAS CIPMBER~LND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug &Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 311 VALLEY STREET, SIYMMERDALE, PA 17093: 1. Name and address of the Owner(s) or Reputed Owner(s): Stephen Radczenko, Jr. 9 Anthony Drive Marysville, PA 17053 Jenean M. Radczenko 9 Anthony Drive Marysville, PA 17053 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: East Pennsboro Township Municipal Authority 98 S. Enola Drive Enola, PA 17025 Redevelopment Authority of Cumberland County Township of East Pennsboro 98 S. Enola Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: K:\M KF/DOCS/CUM~3ERLA\RADC.PT~ PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): 5. Name and address of every other person who has any record lien on the property: Ui~KNOWi~ 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: LrNKNOWN 7. Name and address of every other person of whom the Plaintiff has knowledge who has any intere~lt in the property which may be affected by the sale: TENANTS IF ANY ... Derrick Anderson 311 Valley Street Summerdale, PA 17093 Jean Anderson 311 Valley Street Summerdale, PA 17093 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in 'zhis Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. ~15700 Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 9, 2003 BANKERS TRUST COMPANY OF : CALIFORNIA, NA AS TRUSTEE OF' : MELLON CRA MORTGAGE LOAN : TRUST 1998-A, : PLAINTIFF : VS. : STEPHEN RADCZENKO, JR. : JENEAN M. P~ADCZENKO, : DEPENDANTS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 9 ANTHONY DRIVE MARYSVILLE CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $63,254.93 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2003 698 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in. accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of tlhe date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME A~ PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR L~YER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU HAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and descr, ibed as follows, according to a sur- vey of Ernest J. Walker, Professional Engineer, dated December 19, 1968, to wit: BEGINNING at a point at an iron pin on the southern line of Valley Street at the dividing line b~- tween Lot Nos. 4 snd S On the hereinafter mentioned Plan of Lots, and being a distance of 252.3 feet measured westwardly by the southern line of Valley Street from Third Street; thence along the dividing line between Lot Nos. 4 and 5 on said Plan, South 15 degrees East, 155.25 feet to a point at an iron pin on the northern line of a 15 foot wide ali~-y [unopened]; thence along the northern line of said alley, South 75 degrees 25 minutes West, 50 feet to a point at an iron pin, being the dividing line bet~veen Lot Nos. 5 and § on sa/d PlarL; thence along the dividing line be~ tween Lot Nos. S and 5 on said Pl~a~., North 15 degrees West, 1S5 feet to a point at an iron pin on the southern line of Valley Street, thence along the southern line of Valley Street, North 75 degrees East, 50 feet to a point, the place of BEGINNING. BEING Lot No. 5, Sect/on E, Plan of Summerdale, as recorded/n the Cumberland County Re- corder of Deeds Office in Plan Book 1, Page 44, (Revised Pla~ Book 2, Page 109). HAVING THEREON ERECTED A 1 1/2 story frame dwelling known as 311 Valley Street, Summerdale, PA 17093. Assessment #09-12-2994-073 BEING THE SAME PREMISES WHICH James R. Burkepile and Patti E. Kost- Burkepile, by deed dated 7/30/97 and recorded 7/31/97 in Deed Book 161 Page 1107 granted and conveyed unto Stephen Radczenko, Jr. and Jenean M. Radczenko. TO BE SOLD AS THE PROPERTY OF STEPHEN RADCZENKO, JR. AND JENEAN M. P~ADCZENKO ON CUMBERLJLND COUNTY JUDGMENT NO. 2003 698. WR/T OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-698 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANKERS TRUST COMPANY OF CALIFORNIA, NA, AS TRUSTEE OF MELLON CRA MORTGAGE LOAN TREST 1998-A, Plaintiff (s) From STEPHEN RADCZENKO, JR. AND JENEAN M. RADCZENKO (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 possessinn 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 attaclunent 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 $63,254.93 L.L. Interest AT $10.68 PER DIEM TO SALE DATE $3,033.12 Atty's Corem % Due Prothy $1.00 Atty Paid $242.39 Other CostsLATE CHARGES AT $19.99 PER MONTH TO SALE DATE $179.91 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 (Seal) REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 CURTIS R. LONG Prothono~.~ Deputy BANKERS TRUST COMPANY OF CALIFORNIA, NA AS~TRUSTEE OF MELLON CRA MORTGAGE LOAN TRUST 1998-A, : Plaintiff vs. STEPHEN RADCZENK~, JR. JENEAN M. RADCZDEe~feKOn~ants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003 698 IN MORTGAGE FORECLOSURE TO THE PROTHONOT~ Mark the satisfied of rec RY: p RA E C I P E udgment entered in the above captioned case ,rd. PURCELL,, KRUG & HALLER Leon P. Ha~ler ID ~15700 Attorney for Plaintiff Purcell, Krug &Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 2--1=_2003