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Home My WebLink About06-1854PHELAN 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 (21 S) 563-7000 133172 CITIFINANCIAL SERVICES, INC. 7467 NEW RIDGE ROAD HANOVER, MD 21076 V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM n / C? NO. a9 -t?sy l?.Lu?l ?""'" l CUMBERLAND COUNTY STEVE RADCZENKO AWA STEPHEN RADCZENKO KATHLEEN RADCZENKO 9 ANTHONY DRIVE MARYSVILLE, PA 17053 Defendants 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 #: 133172 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 #: 133172 Plaintiff is CITIFINANCIAL SERVICES, INC, 7467 NEW RIDGE ROAD HANOVER, MD 21076 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 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 Mortgage Book No. 1799, Page: 4269. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/07/2005 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 #: 133172 6. The following amounts are due on the mortgage: Principal Balance $92,324.32 Interest 4,517.37 11/07/2005 through 03/29/2006 (Per Diem $31.59) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 02/27/2003 to 03/29/2006 Cost of Suit and Title Search 550.00 Subtotal $ 98,641.69 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 98,641.69 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 hasihave 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 $98,641.69, together with interest from 03/29/2006 at the rate of $31.59 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133172 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 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. PROPERTY BEING: 9 ANTHONY DRIVE File N: 133172 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. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ^ IF, ? _ n OV-) SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01854 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS RADCZENKO STEVE 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 RADCZENKO STEVE AKA STEPHEN RADCZENKO but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT RADCZENKO 106 ARNOLD ROAD NOT FOUND , as to , RADCZENKO STEVE AKA STEPHEN ENOLA, PA 17025 DEFENDANT LIVES AT 9 ANTHONY DRIVE MARYSVILLE. Sheriff's Costs: So answers Docketing 6.00 Service 13.20 Not Found 5.00 R. Thomas Kli Surcharge 10.00 Sheriff of Cumberland County .00 34.200.,.. PHELAN HALLINAN SCHMIEG E? 04/17/2006 Sworn and subscribed to before me this /S day of a "1- A.D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01854 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND TIFINANCIAL SERVICES INC VS RADCZENKO STEVE 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 RADCZENKO KATHLEEN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT RADCZENKO KATHLEEN 106 ARNOLD ROAD PA 17025 DEFENDANT LIVES AT 9 ANTHONY DRIVE MARYSVILLE. Sheriff's Costs: So answers* Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.09 PHELAN HALLINAN SCHMIEG 4- 04/17/2006 Sworn and subscribed to before me this /gam day of ,2UD, A. D. Prothonotary SHERIFF'S RETURN - REGULAR 4 CASE NO: 2006-01854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS RADCZENKO STEVE ET AL VALERIE WEARY , 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 STEPHEN RADCZENKO the DEFENDANT , at 1940:00 HOURS, on the 11th day of April , 2006 at 9 ANTHONY DRIVE MARYSVILLE, PA 17053 by handing to STEVEN RADCZENKO 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: So Answers: Docketing 18.00 Service 14.96 Affidavit .00 111 Surcharge 10.00 R. Thomas Kline .00 42.96 04/17/2006 or PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this 15, day of Deputy S riff a ftQ A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-01854 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIFINANCIAL SERVICES INC VS RADCZENKO STEVE ET AL VALERIE WEARY 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 KATHLEEN the DEFENDANT , at 1940:00 HOURS, on the 11th day of April , 2006 at 9 ANTHONY DRIVE MARYSVILLE, PA 17053 by handing to STEVEN RADCZENKO, SPOUSE 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: So Answers: Docketing Service Affidavit 6.00 .00 00 ? r? *>' Surcharge 10.00 R. Thomas Kline nn 16.00 04/17/2006 or, PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of eputy She ff nV," a&OLI A. D. Prothonotary Phelan 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 Joshua 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 Attorney For Plaintiff CITIFINANCIAL SERVICES, INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County STEVE RADCZENKO A/WA STEVEN RADCZENKO No. 06-1854 KATHLEEN RADCZENKO Defendant TO THE PROTHONOTARY: PRAECIPE X Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Date: October 20, 2009 PHELAN HALLINAN & S , By: La e T. Phel ., d. No. 32g7 Francis S. Halli sq., Id. No. 62495 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 133172 Attorneys for Plaintiff 017 H, 2969 OCT 21 M i J : C 9