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Home My WebLink About10-1916P.,belan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 t.,#6shua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICES, INC. 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. STEVE RADCZENKO AWA STEPHEN RADCZENKO KATHLEEN RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053-9619 Defendants 1..-a./ VI Tly[ OF 20IJ r;?ta 18 Pis 2: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ib - Iq Ito at V't l (et CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O -*ga.co pQ ATW Gt* q (q S8 q M* amis- 230227 File #: 230227 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 230227 1. Plaintiff is CITIFINANCIAL SERVICES, INC. 1111 NORTHPOINT DRIVE, BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: STEVE RADCZENKO A/K/A STEPHEN RADCZENKO KATHLEEN RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053-9619 who is/are the mortgagor(s) and/or 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 No. 1799, Page 4269. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/07/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 230227 6 The following amounts are due on the mortgage: Principal Balance $80,184.46 Interest $3,613.18 08/08/2009 through 02/02/2010 (Per Diem $19.75) Attorney's Fees $650.00 Cumulative Late Charges $0.00 02/27/2003 to 02/02/2010 Appraisal/Brokers Price Opinion $225.00 Costs of Suit and Title Search 550.00 Subtotal $85,222.64 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $85,222.64 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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. File #: 230227 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $85,222.64, together with interest from 02/02/2010 at the rate of $19.75 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLII?LQN & $CIiMIEG, LLP By: ? Lawr c T. Phelan, Es ., Id. No. 32227 ? Fr is S. Hallinan, E , Id. No. 62695 ? Daniel G. hmie sq., Id. No. 62205 ? Michele M. Bra ford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 F?Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 230227 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'l', 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 or visible by inspection. PROPERTY ADDRESS: 9 ANTHONY DRIVE, MARYSVILLE, PA 17053-9619 PARCEL # 09-11-3002-009 File #: 230227 Eddie (resnn hereby states that he/she is Assistant Vice President of CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unsworn falsification to authorities. Name: Eddie Crespo DATE: 3/10/2010 Title: Assistant Vice President Company: CITIMORTGAGE, INC. Filet 230227 Radczenko SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~i ~ , Sheriff , ~r~tirit' ~t ~auuGr~~yr~~ ~L.t=v ~,~i~"~Ci~ Jody S Smith ~ (;c '~';~= (', i t ,.:, '~"t'L!~~' Chief Deputy Edward L Schorpp ,.t~,~,~ F k,' ~ "`~ e`~~`~ $ ~ = ~ ~~ Solicitor `~'~` F ' `' f-~ , _ . Citifinancial Services, Inc. vs. Stephen Radczenko (et al.) Case Number 2010-1916 SHERIFF'S RETURN OF SERVICE 03/19/2010 08:41 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 2041 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Stephen Radczenko, by making known unto Kathleen Radczenko, Wife of defendant at 9 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053 its contents and at the same time handing to her personally the said true and correct copy of the same. f ~J AM NDA COBAUGH, DEP 03/19/2010 08:41 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2010 at 2041 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kathleen Radczenko, by making known unto herself personally, at 9 Anthony Drive, Marysville, Cumberland County, Pennsylvania 17053 its contents and at the same time handing to her personally the said true and correct copy of the same. ~ ~ ~ ~~ ~ AMA DA COBAUGH, DEPU SHERIFF COST: $58.40 March 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ,c;. Coy. a?tySuite S'hen$. Te~2oss~~;t. Inc. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff CITIFINANCIAL SERVICES, INC. Plaintiff vs STEVE RADCZENKO A/K/A STEPHEN RADCZENKO KATHLEEN RADCZENKO Defendant : I Court of Common Pleas . I Civil Division : I CUMBERLAND County : I No. 10-1916-CIVIL-TERM TO THE PROTHONOTARY: PRAECIPE Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: PHELAN HAI&NAN HMIEG, LLP By: 01 Phe an, Esq., Id. No. 32227 Francis S. Halm , Esq., Id. No. 6- Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 r7 fir;, Joshua I. Goldman, Esq., Id. No. 205047 G _a Courtenay R. Dunn, Esq., Id. No. 206779 rn:MX c.. iyt A»drew C. Bramblett, Esq., Id. No. 208375 Z? ?m -Allison F. Wells, Esq., Id. No. 309519 Cnn. n D7 PHS# 230227 Attorneys for Plaintiff r?-•Z = ! a; 3 CP Zc off„ 4 710 -< -.c'