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Home My WebLink About03-1223FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 US BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT 2002-3 338 S. WARMINSTER ROAD HATBORO, PA 19044 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DIVISION TERM NO. 03 CUMBERLAND COUNTY JOHN STREMMEL MARY J. STREMMEL 978 PINE TOWN ROAD MECHANICSBURG, PA 17055 THE UNITED STATES OF AMERICA c/o The United States Attorney for the Middle District of Pennsylvania 1164 Federal Building 228 Walnut Street Harrisburg, PA 17101 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Loan#:0003767258 BJP CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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 AlqTER 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. Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT 2002-3 338 S. WARMINSTER ROAD HATBORO, PA 19044 The name(s) and last known address(es) of the Defendant(s) are: JOHN STREMMEL MARY J. STREMMEL 978 PINE TOWN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 4/22/02 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to FREEMONT INVESTMENT & LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1756, Page 2678. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 12/01/2002 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. 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2002 through 03/18/2003 (Per Diem $43.48) Attorney's Fees Cumulative Late Charges 04/22/2002 to 03/18/2003 Cost of Suit and Title Search Subtotal $117,551.68 5,826.32 1,250.00 242.67 $ 550.00 $125,420.67 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $125,420.67 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. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). 11. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: (a) United States vs. JOHN C. STREMMEL; No. 2002-05825; filed 12/6/02; $67,439.51. (b) United States vs. JOHN C. & MARY JANE STREMMEL; No2002-05826; filed 12/6/02; $10,013.81. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $125,420.67, together with interest from 03/18/2003 at the rate of $43.48 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. . / ! By'. (~ }/s/Francis 8.3Iall'h~'q-~- ~. / LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff P~LL chat c~rca~n :Loc o£ ground e~tuate on chi VeeC s:[de of South York Street, ~ the Fifth Ward o~ chi Bo=~gh o~ Hec~fltcm~=g, ~unc~ o~ Cumb~r~an~ ~d State o~ Pennsylvania, bounded and descried as fo~8, ~ 3EGZNNZNG it co~ner o~ Sou~h York and Mel~ Coover Streecl; thence by nald Sou~ York S~reec, Southward seventy (70) fees to corner o~ Lot No. 47; less, Co a ~en~y (20) foot public a~le~; ~hence by ~Id alley, Northward hundred a3d ~vent~-ofl~ (121) £4et, more or leis, ce Chi place or :SEZ~G I-ocs Nos. &3 and &~ o~ chi Geflera~ P~afl aa made by Chi heirs o£ ~ohn Caov-~r, deceased. PRE~IISES B~I~I~: 400-402 SOUTH YORK STREET VERIFICATION MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are tree 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 unswom falsification to authorities. Matt Feeney Document Control Officer FEDERMAN AND PHELAN, LLP By: Frank Federman, Esquire I.D. No. 12248 Lawrence T. Phelan, Esquire I.D. No. 32227 Francis S. Hallinan, Esquire I.D. No. 62695 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT 2002-3 Plaintiff VS. JOHN STREMMEL MARY J. STREMMEL THE UNITED STATES OF AMERICA Court of Common Pleas CUMBERLAND County No. 03-1223 Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREIUDICE, AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, and mark this case discontinued and ended, upon payment of your costs only. Frank Federman, Esquire Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Attorneys for Plaintiff SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01223 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C 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 STREMMEL JOHN unable to locate Him COMPLAINT - MORT FORE in his bailiwick. but was He therefore returns the the within named DEFENDANT , STREMMEL JOHN , NOT FOUND , as to 400-402 S YORK STREET MECHANICSBURG, PA 17055 DEFENDANT OWNS BUILDING, BUT DOES NOT LIVE THERE. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/01/2003 Sworn and subscribed to before me this ~ ~ day of ~ ~6~k3 A.D. pr(ft~Onot-gry - SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01223 p COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C 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 STREMMEL MARY J unable to locate Her in his bailiwick. COMPLAINT MORT FORE but was He therefore returns the the within named DEFENDANT , STREMMEL MARY J , NOT FOI/ND , as to 400-402 S YORK STREET MECHANICSBURG, PA 17055 DEFENDANT OWNS HOUSE BUT DOES NOT LIVE THERE. Sheriff,s Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 R. Thomas Kline Sheriff of Cumberland County FEDERMAN & PHELAN 05/01/2003 Sworn and subscribed to before me this ~ ~ day of-~ ~ A.D. Pro[h6notary .... - SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01223 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STREMMEL JOHN but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 1st , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 6.00 9.00 10.00 66.88 .00 91.88 05/01/2003 FEDERMAN & PHELAN Sheriff of Cumberland County Sworn and subscribed to before me this . [~ ~ day of '~ ~,~ _~ A.D. -- p-rot honot a~ry/ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-01223 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS STREMMEL JOHN C ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STREMMEL MARY J but was unable to locate Her deputized the sheriff of YORK in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 1st , 2003 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 05/01/2003 FEDERMAN & PHELAN R. Thomas Kline Sheriff of Cumberland County Sworn 'and subscribed to before me this ~ ~ day of ~r ~3~_~ A.D. othonotAz~ lof2 COUNTY Of YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ US Bank National Association 3. DEFENDANT/S/ John Stremnel et al SERVE SERVICE CALL (717) 771-960! 4. TYPE OF WRIT OR COMPLAINT Notice and Ccmplaint 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY LEVIED, ATTACHED OR SOLD. John Str~m~el ' 6. ADDRESS (STREET OR RFC WITH BOX NUMBER, APT. NO., CITY, BORO, 'rwP., STATE AND ZIP CODE) AT 7. INDICATE SERVICE: 978 Pinetown Road Mechanicsburg, PA 17055 Fairview Township PERSONAL PERSON ,. C_.A__.G__E __XX?PuT,Z____Z CLASS MA,LO POSTED CT.ER ,2003 I, SHERIFF OFmC~UN-'r~, ~oo ~ereby deputize the sheriff of NOW _~_~26 York COUNTY. to execute thi~JM~ri~d.~ake return ~e.r.e'~r'.a'bcording to law. This deputization being made at the request and risk of the plaintiff. ~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: out of county ADVANCED FEE PAID BY ATTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shedff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE I 10. TELEPHONE NUMBER 11. DATE FILED FEDERMAN & PHEI~I~I 215-563-7000 3-19-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF 13. I acknowledge receipt of thewrit or complaint as indicated above. R. AHRENS 16. HOWSERVED: PERSONAL,,~.~..~SIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE.~" OTHER ( ) SEE REMARKS BELOW 17~ Q__. ! ~ and return a NOT FOUND because I am unable to locate the ndividua company etc named above See r 18 N E --~~. .... .( emarks below ) · I,~IE A~F INDIVIDUAL SERVED / LIST ADD~=oc' ~'~ ........ ;-~ ~ ~ - .......' [ I ~ ............. my, bmUWNABOVE (Re,ationshipto Defendant) J19. Date~fSe~vice'"[ 20. Time of Service Int. ~. REMARKS: 2;~ Advance_Cos{s I 24~ Service Cos~ 26. Mileage ~ 28 S.h T .... ~ ...... ~ 100.0CI 24 00 I I -~o o,, I ...... I_Z ~..."_' .... J ........ JOB. mmary /31.Surchg j32. Tot. Costs/33, CostsDue~ . ' ' · -~o..oo b2.~8 4.00 L__ 66.88 33.12 - County Sheriff _ ~ ~ _______~DATE 50. ~),~ IGNATURE ~'~ DATE RECEIVED 1. WHITE - issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office 10t2 COUNTY OF YORK OFFICE OF THE SHERIFF (7~7) 77~-9601 28 EAST MARKET ST., YORK, PA 174Q1~ ~' ?-~/ ,· SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ ..' i :. US Bank ational Association 3. DEFENDANT/S/ SERVE [1 4. TYPE OF WRIT OR COMPLAINT Notice and Couplai~t 5. 'NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE oR DESCRIPTION OF PROPERTY T5 BE LEVIED, ATTACHED OR SOLD. John Str~mme] , 6. ADDRESS (STREEI OR RFC V~IH BOX NUMBER, AP/. NO., CITY, BORO,/WP., SLAIN AND ZIP CODE) .AT 978 P~netown Road Mechanicsburg, PA 17055 FaJrview Township 'L INDICATE SERVICE:. ~1 PERSONAL O PERSONIN CHARGE: '~ DEPUTIZE e-..~I._C~I~T. MAIL . ~l 1ST CLASS MAIL r~ PC~STED Q ..... · ' ' U/HI-~ NO~VV 3/26, --~ ~ : -:---------,' , SHERIFF~UNTY, PA, d.,9,hereby deputjzg,J:ffe sheriffof - . COUNTY. t° execute t~ril~F~t aka r turn e cording to law. This deputization being made at the request and risk of the plaintiff. ~ 8'~ SPECIA------'--~ INSTRUCTIO.~ OR OTHE'~-~-"~ ~ ~ ~ I ~' SHERI~ 'C~ out of COUDty AOVANCED FEE PAID BY ATTY CUMBERLAND ~OTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wdt may leave same without a wa(bhman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any Ios~. destruction, or removal of any property before sheriff's sale thereof· FEDERMAN & PHERllI , '~ 10. TELEPHONE NUMBER~ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDR[:SS BE~: (This area must be completed ~ n6tice is t(~ be mailedil'· CUMBERLAND CO SHERIFF 11. DATE FILED .3-i9-03 17. Q I hereby certi~/and return a NOT FOUND because I am unable to locate the individual, corn an . . 18-~ ~'.,Ali/l~l~~[~~:',~.vf.u.a.',_c_°.m_pany, et~c. named above· (see remarks below.) ~ ,_ ,~uu~-bb Ml=l~ !l~ NOT SHOWN ABOVE (Relationship to Defend~Da~ ~_ice'j' 2o. ~ime~of~S. ervi~.e 22. REMARKS: ~'~os~Service Costs ~-_-_-_-_-_-_-_-_-~ 26. Mileage ~ 28. Sub Total . I38 88 I ,-IL"_~ ~.n ~30..Nota~y 13~.Surchg. 132. To,. Costs] 33. Costs Due or Refu~. ""' ' 33. _2 3"~c~'e; ~{'~ 36~sts 37 .ota~'-~'~ed. ~-'" ~ ' - - eage/Posta e/Not Fou ~ g nd ~ Moats Due or Refund ~ ~[~),~.~ ~ ~.~u'~o~[nlS SO ANSWERS 42. day of 7~ - '. ~'"' ' , ¢~.. ,. ~ ..~ .... ~ ~* ' -'. ~oun~ ~her ff / C- ~ / 47. DATE ~~~/~ 48.2~;~;~oreign ~ ~ ' '~ ~-24-0 1. ~ITE- Issuing Authori~ 2. PINK* ~mey ~.~ANARY. ghedes Omae 4. ~0E: Sheri~s Osde 2of2 COUNTY OFYORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ US BAnk National Association 3. DEFENDANT/S/ John Strem~el et al SERVICE CALL (717) 771-9601 4. TYPE OF WRIT OR COMPLAINT Notice and Complaint SERVE [" 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO -- LEVIED, ATTACHED OR SOLD ~ ~ Mary J. Stre~mel ' ' ~ ~ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, AP~. NO.. CITY, BORO TWP. STATE AND ZIP CODE) _ . . ~ D'____~ATE s____~RV, CE___~_ ~ ~.~o.~ ~ ,~.~o, ,, ~.~~~ ~ ~o~ ~ NOW M~ch 26 ~ ~~ . ~wuu,.ED UOTHER ......... O__ I, SHERIFF OF , PA, do hereby deputize sheriff of ..... York COUN~ to execute thi~i~d e return ccording [o ~aw. ~nis ~eputization being made at the request and risk of the plaintiff. ~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY ATTY C~nberlanm OUT OF COUNTY CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 215-563-7000 3-19-03 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND CO SHERIFF 13. I acknowledge receipt of the writ or complaint as indicated above. R. AHRENS 16. HOWSERVED: PERSONAL(~NCE(~'~----~POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. (~ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) ~1.~ A~ND:;~ OF(,JJ~OIV~ID_UA--~S~IST ADDRES/Ii~HE~)E IF NOT_SHOWN~ABOVE (Rela!ionship ,o Defendant, _-'_-'~19..Dele of Service '20 Time o~ Int. ~ REMARKS: ~-~ C--~-sts Due or Refund41. AFFIRMED and subscdb~eTdTto before ~this ~ 42 da' of 'ZL~R~"~~ , ' Y ~ ,20__ 43. Dap. Sheriff 45 D E J ........ ".°~~.~'' _.__ - ~ _ . ~TE · .- b' cJ"~o~;~ v, :k ' ' ,. , , d./z--~/_....~ 4-03 'o ~TLE S~GNATURE 49. DATE 51. DATE RECEIVED 1. WHITE- Issuing Authority 2. PINK-Attorney 3. CANARY ~ Sheriff's Office 4. BLUE - Sheriffs Office 2of2 COUNTY OF YORK OFFICE OF THE SHERIFF ~ .28 EAST MARKET ST., YO.RK PA 17401 " ,,~RiFF sERVicE PROCESS RECEIPT and AFFIDAVIT OF,~RETURN /.. ~.. 1'. PLAINTIFF/S/ -, US BAnk National Association .... SERVICE CALL (717~ 771-9601 4. TYPE OF WRIT OR COMPLAi~NT 3. DEFENDANT/S/ John Stre~mel et al~' Notice and Comp]a'int ' ' D~ L~VlbD ATTACHED OR SOLD l~ ~i! s Mary J. Stren~ne! · . ..... ~ J ..,~ADDRESS (STREET OR RFO WITH BOX..NUMBER, AP~. N~O~ QIT)( BORO 'rvvP STATE AND ZIP CODE) N _ York ' ~ COUNTY. to ex ~, a~9, nereby deputi~e.,t, J3e sheriff of · ecute (hi ri ke return Ccording to law. This depub'zation being made at the request and risk of the plaintiff. ~c~ -,: ,~ ~- ~ INSTRUCTIONS ~ ~ THAT W1LL ASSIST IN ~ ~ ADVANCED FEE PAID BY ATTY Cumber] and OUT OF COUNTY CUMBERLANu NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property undei' within writ may leave same without a watchman, in custody of whomeYer is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or remo~al of any property before sheriff's sale thereof 1 p,., T,.E L F~,[-I~ N F~ ~i~IV.~B-~ R 12. SEND NOTICE OF SERVICE COPY TO NAME ~ND ADDRESS BELOW: (This area must be completed if notice is to be mailed).. CUMBERLAND CO SHERIFF or complaint as indicated above· 16. HOWSERVED: PERSONAL~poS ' '- ) TED( ) POE .......... 17 El Ihereb ce' ~ ................. ' ....... ' k ; ~HP-I~IPFSOFFICE( ) OTHER( ) SEE ~ / ~ertify and return a NOT. FOUND because am Unable ,~, ....... '7 _."._ .~ - --- ~ ~ _ _ REMARKS BELOW ' ,,, ,,.,~.,~u me mo~woual, company, etc named above. (See remarks below.) 49 DATE ' ' ' / 51 DATE RECEIVED : 1. ~ITE- Issuing Authori~ 2. PINK- AUorney 3. CANARY- Sheri~s Offi~ FEDERMAN AND PHELAN, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 215-563-7000 Main Fax 215-563-5534 john.larson~fedphe.com December 3, 2003 Office of the Prothonotary CUMBERLAND County Courthouse gel U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3 v. JOHN C. STREMMEL AND MARY J. STREMMEL CUMBERLAND COUNTY, NO. 03-01223 Dear Sir/Madam Enclosed are the original Affidavits of Service for the above captioned matter. Kindly file the attached affidavits. I have forwarded copies of the same to the Sheriff's office. Thank you for your cooperation. /t]Oun i~7 Carson /for Federman and Phelan CC: Sheriff's Office of CUMBERLAND County ,PLAINTIFF AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3 DEFENDANT(S) JOHN C. STREMMEL MARY J. STREMMEL SERVE JOHN C. STREMMEL AT 978 PINETOWN ROAD LEWISBERRY, PA 17339 CUMBERLAND COUNTY PJT No. 03-4410 ACCT.#0003767258 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 SERVED Served and made known to ~-~'~C- ~-,t.,w,~-a.. \ at ~'~OR,o'clock~.m.,at ~'~'~ ~~ of Pe~sylvania, in the ~er described below: , Defendant, on the day of ,200~ Defendant personally setwed. ~< Adult family member with whom Defendant(s) reside(s). Relationship is ~ ~' __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __ Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ~0 Height ~ Weight t/Z{O Race /4ii,. Sex F Other Q~k I, C/2~¢, ~vv..~_ ~.. C.~'~ "~-~', a competent adult, being duly sworn according to law, d~ose and state that I personally handed a ~e and co~ect copy of~e Notice of She~Ws Sale in the ~er as set fo~ here~ issued in ~e captioned case on the date and at · e address ~dicated above. [ Sworn to and subscribed l PLEASE ATTEMPT SERVICE AT LgAST 3 TIMES. I~ICATE DATg~ES OF SER~CE ATTEMPTED. NOT SER~D On the day of ,200__, at o'clock __.fa. Defendant NOT FOUND because: __ Moved __ Unknown__ No Answer Vacant 1't Attempt: / / Time: : Attempt: / / Time: : 3rd Attempt:. / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3 DEFENDANT(S) JOHN C. STREMMEL MARY J. STREMMEL SERVE MARY J. STREMMEL AT 978 PINETOWN ROAD LEWISBERRY, PA 17339 CUMBERLAND COUNTY No. 03-4410 ACCT. #0003767258 Type of Action - Notice of Sheriff's Sale Sale Date: MARCH 3, 2004 PJT SERVED ~. ~ , Defendant, on the day of Served and made known to . OOZat g;O'Lo'c,ockg.m.,at ?7'8 , Commonwealth of Pennsylvania, in the manner described below: ~g~ Defendant personally served. __ Adult family member with whom Defendant(s) reside(s). Relationship is __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. __ Other: Description: Age ~C) Height ~...~,~tt Weight i,~*e~ c*~ L, (~-~ '~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set e,~ ~;,, i~,,~d in the captioned case on the date and at the address indicated above. I ~ ~ ' MES. INDICATE DATES & TIMES OF SERVICE . ATTEMPTED. NOT SERVED On the day of ,200__, at __ o'clock __.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt:. / / Time: Attempt:. / / Time: 3rd Attempt:_ / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: Attorney for Plaintiff Frank Federman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3 VS. JOHN C. STREMMEL MARY J. STREMMEL ) CIVIL ACTION ) ) CIVIL DIVISION ) NO. 03-01223 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3 hereby verify that on November 18~ 2003 true and correct copies of the Notice of SheriWs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A' attached hereto. DATE: January 26, 2004 FEDERMAN, ESQUmE Attorney for Plaintiff