HomeMy WebLinkAbout03-4410FEDERMAN 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
ATTORNEY FOR PLAINTIFF
U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE OF CSFB HEAT SERIES 2002-3
338 SOUTH WARMINSTER ROAD
HATBORO, PA 19044
Plaintiff
JOHN C. STREMMEL
978 PINETOWN ROAD
LEWISBERRY, PA 17339
COURT OF COMMON PLEAS
CiVIL DIVISION
TERM
CUMBERLAND COUNTY
MARY J. STREMMEL
978 P1NETOWN ROAD
LEWISBERRY, PA 17339
Defendant(s)
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. Il"' 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.
I]7 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
71583
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.
File#: 71583
Plaintiff is
U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE OF CSFB HEAT SERIES 2002-3
338 SOUTH WARMINSTER ROAD
HATBORO, PA 19044
The name(s) and last known address(es) of the Defendant(s) are:
JOHN C. STREMMEL
978 P1NETOWN ROAD
LEWISBERRY, PA 17339
MARY J. STREMMEL
978 PINETOWN ROAD
LEWISBERRY, PA 17339
who is/are the mortgagor(s) and real owner(s) of the property hereinaRer described.
On 04/22/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to FREMONT INVESTMENT AND LOAN 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 03/01/2003 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#: 71583
The following amounts are due on the mortgage:
Principal Balance
Interest
02/01/2003 through 09/05/2003
(Per Diem $43.40)
Attorney's Fees
Cumulative Late Charges
04/22/2002 to 09/05/2003
Cost of Suit and Title Search
Subtotal
$117,473.70
9,417.80
1,250.00
404.45
$ 550.00
$129,095.95
Escrow
Credit 0.00
Deficit 0.00
Subtotal $ 0.00
TOTAL $129,095.95
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.
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.
This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of
$129,095.95, together with interest from 09/05/2003 at the rate of $43.40 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.
FEDERMAN AND PHELAN, I-&pit
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
F/lc#: 71583
~Jfhcy (80) ~eet to ~eac ~ove~ S~ceer; t~nce by sold e~f~eCa hs~va~d
. BEING ~n NoG. 43 ~nd ~ of C~ Ge~ere~ P~a ms mede ~ ~he ~Jrs o~
Jo,ha C~ver. decease. '
BEING ~0~ AS: 400-102 SODT~ YO~ S~ET.
VERIFICATION
MATT FEENEY hereby states that he is DOCUMENT CONTROL OFFICER of
FAIRBANKS CAPITAL CORPORATION mortgage servicing agent for Plaintiffin this matter, that
he 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 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.
DATE:
Matt Feeney
Document Control Officer
SHERIFF'S RETURN
CASE NO: 2003-044:10 P
COMMONTWEALTH OF PENNSYLVANIA
COI/NTY OF CUMBERLanD
- NOT FOUND
U S BANK NATIONAL ASSOCIATION
VS
STREMMEL JOHN C ET AL
R. Thomas Kline
duly sworn according to law,
inquiry for the within named DEFENDANT
STREMMEL M3kRY J
unable to locate Her
COMPLAINT - MORT FORE
,Sheriff or Deputy Sheriff, who being
says, that he made a diligent search and
in his bailiwick.
but was
He therefore returns the
the within named DEFENDANT
, STREMMEL MARY J
400-402 SOUTH YORK STREET
MECHANICSBURG, PA 17055
DEFENDANT'S NEW ADDRESS IS 978 PINETOWN ROAD
LEWISBERRY, PA.
Sheriff's Costs:
Docketing 6
Service
Not Found 5
Surcharge 10
21
O0
O0
O0
O0
O0
O0
, NOT FOUND , as to
So answe r~. ~
R. Thomas Kline
Sheriff of Cumberland County
FEDERM3kN & PHELAN
10/16/2003
Sworn and subscribed to before me
this 2,~ day of ~
~2~_% A.D.
Prothdnotary
SHERIFF'S RETURN -
CASE NO: 2003-04410 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERI~kND
NOT FOUND
U S BANK NATIONAL ASSOCIATION
VS
STREMMEL JOHN C ET AL
R. Thomas Kline
duly sworn according to law, says, that he made
inquiry for the within named DEFENDANT
STREMMEL JOHN C
unable to locate Him
COMPLAINT - MORT ]FORE
,Sheriff or Deputy Sheriff, who being
a diligent search and
in his bailiwick.
but was
He therefore returns the
the within named iDEFENDANT
400-402 SOUTH YORK STREET
MECHANICSBURG, PA 17055
DEFENDANT'S NEW ADDRESS
LEWISBERRY, PA.
, STREMMEL JOHN C
IS 978 PINETOWN ROAD
, NOT FOUND , as to
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
FEDERMAi~ & PHELAN
10/16/2003
Sworn and subscribed to before me
this ~_ day of ~
~2~3 A.D.
onotary
SHERIFF'S RETURN - OUT OF COUNTY
~ASE'N0: 2003-04410 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
STREMMEL JOHN C ET AL
R. Thomas Kline ,
duly sworn according to law, says, that he made a diligent
and inquiry for the within named DEFENDANT , to wit:
Sheriff or Deputy Sheriff who being
search and
bailiwick.
County,
STREMMEL JOHN C
but was unable to locate Him in his
deputized the sheriff of YORK
serve the within COMPLAINT - MORT FoRE
He therefore
Pennsylvania, to
On October 16th , 2003
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County 9.00
Surcharge 10.00
Dep York County 69.04
.00
94.04
10/16/2003
FEDERMAN & PHELAN
Sworn and subscribed to before me
this ~5/w~ day of ~
~0~3 A.D.
! Prothonotary i
this office was in receipt of the
So ans~w~er~.~s~ ~~~'
~. Thomas Kline
Sheriff of Cumberland County
SHERIFF' S RETURN -
CASE NO: 2003-04410 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
U S BANK NATIONAL ASSOCIATION
VS
STREMMEL JOHN C ET AL
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDANT
STREMMEL MARY J
but was unable to locate Her
deputized the sheriff of YORK
, Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
serve the within COMPLAINT - MORT FORE
He therefore
Pennsylvania, to
On October 16th , 2003
attached return from YORK
Sheriff's Costs:
Docketing 6.00
Out of County .00
Surcharge 10.00
.00
.00
16.00
10/16/2003
FEDERMAN & PHELAN
Sworn and subscribed to before me
this ~3~day of ~%g~
~gu3 A.D.
' ' Prothonotar~
, this office was in receipt of the
So answers~3~- ~_~/ _.~
R< Thomas Kline
Sheriff of Cumberland County
1 of 2
COUNTY OFYORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST.,YORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1 PLAINTIFF/S/ 2 COURT NUMBER
U.S. BA~ NATIONAL ASSOCIATION. ET Al,... 03-4410 civil
3 DEFENOANTIS/ 4 TYPE OF WRIT OR COMPLAINT
JO~q C. & MARY J. STRE2~EL MORTAGGE FORECLOSURE cimf
S~=RVE ~" 5 NAME OF INDIVIDUA . COMPANY. CORPORAT ON. ETC TO SERVE OR DESCR PT on OF PROPERTY TO SE LEVIED. ATTACHED. OR SOLD
JOl~ C. S~
6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO . CI~, BORO. ~. STATE AND ZIP CODE)
AT 978 PI~ RO~. L~ISBE~Y. PA 17339
NOW $ept~r 10 ,20 OJ I, SHERIFF OF YORK COUNt, PA, do hereby deputize the sheriff
York COUN~ to execute this Writ and make return thereof according
to law. This deputization being made at the request and risk of the plaintiff.
SHERIFF OF YORK COUNTY
CL~berl~
OUT OF COUNTY
CUMBERLAND
8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:
Send ret~rn to CL~nberland County Sheriff.
ADVANCED FEE PAID BY ATTY
NOTE: O~LY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy she~ff levying upon or attac~ing any prop~ly urger wilhin w.I may leave same
witttou~ a watchman, in custody of whomever is found in possesSiOn, atter not,tying person of levy o~ attachment, wtthout lial~lily on the pad of Su~h deputy or the sheriff to any plaintiff
FEDERMAN & PI{ELAN LLP. O~g PENN CENTER SUITE 1400, PHILADELPHIA, PA 19103
13. I acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hosting Date
t6 HOW SERVED: PERSONAL (~'~ RESIDENCE (~"' POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS SELOW
17 O I h~Dy _~ml~n · NOT FOUND because I am urmble to locate the individual, ¢~mpany, etc named above. (See remanks below.}
18 NAM~qDTI/~u~,NF ..... ,~VE~DILJSTADD~ESSHEREIFNOTSHOWNABOVE(RetsfiOnS~IODelendant) 119 Date/of~erv~cel20 Time of Service
7,, Y
23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27 Po&tage 28 Sub To~l 2~. Poured
420ayof_j,.__T.._T.~..20~RrALSF_~Ak/ ~ ~.~ ~ ~ 4SDA
/// ~ / ~ ,/ /. ~LIAM M. HOSE ~/~~~ 10-3-03
31 Surchg 32 Tot. Costs 33 C<~ls Due o~etund ~eck No
69.04 5.96
2 of 2
COUNTY OF YORK
OFFICE OF THE SHERIFF
28 EAST MARKET ST.,YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
SERVICE CALL
(717) 771-9601
U.S. BANK NATIONAL ASSOCIATION. ET AL... 03-4410 civil
JOHN C. & MARY J. S~ MO FORECLOSURE
Y, kRY J. S~L
AT ~xxxx:xxxxxxxxx 978 PIt, TOWN ROAD. LEWISBERRY. PA 17339
NOW S~pt~m~r ] O ,20 D3 l, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of
Yr'~rk COUNTY to execute this Writ and make return thereof according
to law. This deputization being made at the request and risk of the plaintiff.
Please send return of service to Cumberland Co~ty Sheriff.
~B~L~nt¥
ADVANCED FEE PAID BY ATTY
FP~L~K ~UERMAI~ ~~ 2155637000
FEI)EP.I~.~ & PHELAN l.l.P. O1~ PEI~ CE~ER SUITE 1400, PtlILADELPHIA, PA 19103
tS.o~' C~ml~amt es in~c~l~l alcove I eckaov~mdge recmpt of tile writ ~R° AHRENS 14.9_.~ 1-03 DATE RECEIVED 15 Exlxratio./Hea.ng Date
~E%~E~~~~ ~ ~[~t Y~lMaes m Date Ti~J F' IN Oa~ T~e M~ Int. [ ~ Tim [~,J JMi~s Iht Date Ti~
23. Advar~e Costs
40 Costs Due o~ Refuncl
47 'DATE~,~"
~ 49 DATE
51 DATE RECEIVED
· FEDERMAN AND PHELAN, LLP
By: FRANK FEDERM~dN
Idenlification No. 12248
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F, KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
{215) 563-7000
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB ltEAT SERIES 2002-3
338 SOUTH WARMINSTER ROAD
HATBORO, PA 19044
Plaintiff,
Vo
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DMSION
NO. 03-4410
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against JOHN C. STREMMEL
and MARY J. STREMMEL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within
20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess
Plaintiffs damages as follows:
As set forth in Complaint
Interest from 9/6/I)3 - 11 / 12/03
TOTAL
$129,095.95
$2,951.20
$132,047.15
I hereby certify that (l) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATF~. ~
PRO PROTHY
FRANCIS S
ONE PENN CENTER PI?~Z.L %1~ E 1400
PHILADELPHIA. PA 19103
AITORNEY FOR PLAIN ]'IFF
Lr.s. 13,\NK NATIONAL ,\SSOCLAFION .\S FRUSTEE
OF CSEB ItEAT SERIES 2002-3
Plaintiff
COURT OF COblMON PLE.\S
CIVIL DIVISION
; CUMBERLAND COLrNTY
JOHN C. STREMMEL
IMARY J. STREMMEL
Defendants
TO:
JOHN C, STREM~IEL
078 PINETOWN ROAD
LEWiSBERRY, PA 17339
: NO. 03-4410 CIVIL TERM
FILE
DATE OF NOTICE: OCTOflFR 30, 20113
THIS FIRM IS \ DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO
YOU IN AN ATTEMPF ~O COLLECT rile INDEBTEDNESS REFERRED FO tlEREIN, AND ANY
INFORMAFION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY. THIS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS
ENFORCEMENT OF LiEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS 'FO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FRObl FHE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER 'FO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER.
GO 'FO OR TELEPHONE THE OFFICE SET FORTH BELOW. PHIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFPORD 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
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENLrE
CARLISLE. PA 17013
(717) 249-3166
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S, HALLINAN, ESQUIRE
Attorneys for Plaintiff
FEDERMAN ~ND ~HEL.\N
ERAN'KE"_DEKMAN. F-S~ ~d. No
L,~WRENCE T. PHELA~. ESO.. ~d. No. 32227
PRANCISS HALL!NAN, ESQ..~d. No 6260~
ONE PENN CENTER PLAZA. SUITE 1400
PHILADELPHIA. Pq
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE
OF CSFB HEAT SERIES 2002-3
Plaintiff
Vs.
JOHN C. STREMMEL
MARY J. STREMMEL
De~end:mts
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO. 03-4410 CIVIL TERM
TO:
3,1ARY J. STREM~i~EL
9=8 PINETOWN ROAD
LE'*~ISBERRY, PA 1"339
DATE OF NOTICE: OCTOBER 30, ~-~103
THIS FIRM iS A DEBT COLLECTOR ATTEMPTING FO COLLECT 3. DEBi' ~HiS N~:IICE iS SENI' i'G
YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED I'O HEREIN. AND ANY
[NFORoMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.if YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT .AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY .AS
ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN .APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE [N WRITING W[TH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING .AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. [F 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 FO PROVIDE YOU VvITH
INFORMATION ,ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
FRANK FEDEKMAN, ESQUIRE
LAWRENCE T PHELAN. ESQUIRE
FRANCIS S. HALLINAN. ESOUIRE
Attorneys for Plaintiff
1 of 2
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
U.S. BANK NATZONAL ASSOCIATION, ET AL...
3 DEFENDANT/S/
JOHN C. & MANY J. S~EL
SERVEAT
COUNTY OF YORK
OFFICE OF TRE SHERIFF s .v,c c^L
(717) 771-9601
28 EAST MARKET ST.,YORK, PA 17401
INSTRUCTIONS
PLEASE TYPE ONLY LINE 1 THRU 1.2
DO NOT DETACH ANY COPIES
2 COURT NUMBER
03-4410 civil
4 TYPE OF WRIT OR COMPLAINT
MORTAGGE FOKECLOSURE c imf
NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ArJ'ACHED. OR SOLD
JO~l~ C. S~
ADDRESS (STREET OR RFO WITH BOX NUMSER. APT NO , CITY. BORO. TYVP. STATE AND ZIP CODE)
978 PINETOWN ROAD. LEWISBERRY. PA 17339
7 INDICATE SERVICE Q PERSONAL
NOW Sept~nber 10
York
to law. This deputizatJon being made sit the request and risk of the plaintiff
8 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE
Send ret]irs ho Cumberland County Sheriff.
ADVANCED FEE PAID BY ATTY'
PERSON IN CHARGE "v~DEPUTIZE(.~uI3nd%J ERT MAIL ~ 1ST CLASS MAIL LJ POSTED ~J OTHER
,20 U3 I, SHERIFF OF YORK COUNt, PA, do hereby deputize the sheriff of
COUN~ to execute this Writ and make return thereof according
SHERIFF OF YORK COUN~
~rland
OUT OF COUNTY
CUMBERLAND
NOTE: ONLY APPI*JCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATC H~La~J - Any cleputy sheriff levying upon (x attaching any ~operty under within w.t may leave same
TYPE NAME ~rld ADDRESS ol ATTORNEY / ORIGINATOR a~3cl SIGNATURE lO TELEPHONE NUMSER ~A2 ~ _[~
12 SEND NOTICE OF SERVICE COPY TO NAME AN? ADDRESS BI~.OW: ('flys ales must be completed d nobce is to be mazleU)
FEDE~14A~ & P~ELAI~ LLP. ONE PEI~N CENTER SUITE 1400. PBILADELPRIA, PA 19103
SPACE BELOW FOR USE OF ~ SI'~RFF.- DO NOT WRfTE BELOW THIS UNE
13. I~;l~to,~rec~ip~ofthewrlt [14 DATE RECEIVED I 15 Expiralion/HeanngDate
o~c~mpmmt~caledabove ..-~'o AHRENS- 9-11-03
t6 HOWSERVED: PERSONAL (~ RESIDENCE (.,~" POSTED ( ) POE ( ) SHERIFFS OFFICE ( ) OTHER ( ) SEE REMARKS SELOW
17 O I he. by C~.,.l~j~rn a NOT FOUND because I am unable to locate the individual, Gomp~ly, etc named above, (See ~erna~s below )
~8. N~ ~%lO T~J~ Old. f,.y ...... . ..-.V~ED / LiST ADO.~RESS HERE IF NOT SHOWN ABO?E (Reta~a~u~ to Oefendanl) I 19 Dale/of .~ervice I 20 Time of Se~ice
Postage 28 Sub Total
41 AFFIRMED ~ subscribed lo before me th,s~ 3 ~, .~ SO ANSIN~RS
?'*'0 C~ .... --T;', ~ . ~ S~at~e of ,
~KNO~E~E ~CEIPT OF TH~SHE~~GNATURE
_ AUTHOR~ED ISSUING AUTHORI~ AN~I~
10-3-03
49 DATE
51 DATE RECEIVED
COUNTY OF YORK
OFFICE OF SHERIFF
28 EAST MARKET ST.,YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT and AFFIDAVIT OF RETURN
1 PLAINTIFF/S/
D.S. BANK NATIONAL ASSOCIA~ION. E~ A~...
SERVICE CALL
(717) 771-9601
INSTRUCTIONS
PLEASE TYPE ONLY LINE I THRU 12
DO NOT DETACH ANY COPIES
2 COURT NUMBER
03-4410 civil
4 TYPE OF WRIT OR COMPLAINT
3 DEFENDANT/S/ MORcimfTGAGE
FOKECLOSIIRE
JOHN C. & MARY J. ST]Ug{MEL
SERVE [' 5 NAME OF INDiViDUAL, COMPANY. CORPORATION. ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD
;
MARY J. ST]UEMMF, L
~ ~ ADDRESS (STREET OR RFO WTH SOX NUMSER. APT NO. C~. SORO. ~. STATE AND Z~P
AT {XXXXXXXXXXXXXX 978 PINETOWN ROAD, LEWISBE]LRY, PA 17339
7 INDICATE SERVICE c, PERSONAL C[ PERSON IN CHARGE ,,~DEPUTIZE ~i~.T~7~d,J,~ [J 1ST CLASS MAIL IJ POSTED 'J OTHER --
NOW Sept~n[~=r ] (l , 20 03 Ii SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of
¥'(~-k COUNTY to execute this Writ and make return thereof according
to law. This deputJzation being made at the request and risk of the plaintiff,
SHERIFF OF YORK COUN1CY
8 SPECIALINSTRUCTIONSOROTHERINFORMATIONTHATW1LLASSISTINEXPEDITINGSERVICE Cumberland
Please send return of service to Cumberland COLu)ty Sheriff.
ADVANCED FEE PAID BY ATTY
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy she*6f lev'/mg upon or attaOling any property under wilh{n writ may leave same
9. TYPE NAME and ADDRESS Of AI-FORNEY I ORIGINATOR and SIGNA..,F __ ~ 10 TELEPHONENUMBER
FRANK FEDERMAN ~~~ 215 563 7000
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELO/¥V~m$ mca must ~ _~o_mpletad ~_~o .~-.e_ ,$ tO be
FEDEF~AN & PHELAN LLP. ()NE PE~ CENTER SUITE 1400. PHILADELPHIA. PA 19103
13 lacg~ow~recaiptofmewrlt R0 AHREN$ 1,4 DATE RECEIVED t15 Exp~reden/HeanngDale
~ ~.,~., ~. ~.,.. ax~ f 9-11-03 10-8-03
16 HOWSERVED: PER~ON~4. (~ RESIDENCE ~ POSTED ( ~ POE ( ) SHERIFF'S OEF~CE ( ) OTHER ( ) SEE RE~ARKS BELOW
'~6 NA.~4~;~%N~mT~7LE~F~N~`.ID~ER~ED/L~sT%&~REs~HER~F~1.sH~WRAs~VE(Rem~j~"%"~pt~Demn~"t) ~ll~ Oa~ot,%erv,cal2~ T,meolServ,~----
23 Advanc~Costs 24 Serv~ceCosts 25N/F 26 Mileage 27 Post~ge 28 SubTotal 29 Pound 30 Nota~ 31 Surchg 32 Tot Coats 33 Cost$Oue0~Relund CheckNo
34. Fom~Jn COO~ Cof, t~ 1 35 Advance Costs I 36 Servm--a Costs I 37 Nora,3, Ce¢~ I 38 I~eage/Poslage/No' Found I 39 Toga' Costs I 40 Costs Due or Refund
AFFIRMED and subscribed to before me this 3 SO ANSWERS
HOSE
47
10-,3-03
49 DATE
DATE RECEIVED
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 119103-1814
(215) 563-7000
U.S. BANK NATIONAl, ASSOCIATION AS
TRUSTEE OF CSFB HEAT SERIES 2002-3
338 SOUTH WARMINSTER ROAD
Plaintiff,
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4410
VERIFICATION OF NON-MILITARY SERVICE
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant JOHN C. STREMMEL is over 18 years of age and resides at, 978
PINETOWN ROAD, LEWISBERRY, PA 17339.
(c) that defendant MARY J. STREMMEL is over 18 years of age, and resides at, 978
PINETOWN ROAD, LEWISBERRY, PA 17339.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unswom falsification to authorities.
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
FEDERMAN and PHELAN, LLP
By: FRANK FEDERMAN
Identification No. 12248
ONE PENN CENTER AT SUBURBAN STATION
1617 JOItN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB HEAT SERIES 2002-3
Plaintiff,
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4410
CERTIFICATION
FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
0 an FHA mortgage
( ) non-owner occupied
( ) vacmat
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to authorities,
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB I1EAT SERIES 2002-3
Plaintiff,
¥,
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
No. 03~4410
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
Interest from 11/13/03 to MARCH 3, 2004
(per diem ~$21.71)
TOTAL
$132,047,15
$2,431.52 and Costs
$134,478.67
FRANK FEDERMAN, ESQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaimiff
Note: Please attach description o f property. No,
AL~ TI.IAT CERT.4dN lot o.t' grounct air,ate ~n ~fie W~a Side ~f $~h York
of ~ ~roa~ of Mechani~urg, C~nty of Cumberla~M and State of P~yl~a~,
BEGINNING al comet of South York ~ West Coover RtreeLs; tM~rtee by ~ South York
eigiuy (80) feet {o ~¥~t ~ver SIt. I: ~e~e by ~id st~. ~tw~d ~e hlmd~ a~ tw~ty~ne
BEING Lots Nc~;. 43 ~ 4~ of ~ General Plan as made ~y the heirs of lois. Coover, deceased.
two sparta.al:ms sod ~a'age$ on the rear an0 other small outbuildings,
TITLE TO SAID PREM~ ~E~. I~i VESTI~D IN .Iohn C. S~ and ~y J. Stre~el, ~Js with
by O~ from Te~ K, ~ da~ 9~/1986 a~ r~rd~ 10121f1986, in ~rd B~k 32-G Pa~c
294.
Ta~ Map/g24-0785, Parcel 322
Request for Military Status Page 1 of 1
Department of Defense Manpower Data Center
OMilitary Status Report
Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940
~LaStsTREMMELNmne [JOHN[First Middle [Begin Date [Active Duty Status
Currently not on Active Military Duty, based on the Social Security Number and last name
provided.
NOV-10-2003 10:50:11
Service/Agency
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the Defendant(s), per the Information provided, as to all branches of the
Military.
Kenneth C. Scheflen, Director
Department of Defense - M,'mpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems,
If you have information that makes you feel that the DMDC response is not correct, please send
an e-mai/to ss.cr$~hel~des~0_s~en_t__ag0n_.~mil. For personal privacy reasons, SSNs are not
available on this printed results page. Requesters submitting a SSN only receive verification
that the SSN they submitted is a match or non-match.
https://www.dmdc.osd.mil/udpdri/owaJsscra.prc_Select
11/10/2003
WltlT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-4410 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S, BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB HEAT SERIES 2002-3, Plaintiff (s)
From JOHN C. STREMMEL AND MARY J. STREMMEL
(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 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) ~f pr~perty ~f the defendant(s) n~t ~evied upun an snbject t~ attachment is f~tmd in the p~ssessi~n
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.
AmountDue $132,047.1:5 L.L. $.50
Interest FROM 11/13/03 TO 3/3/04 (PER DIEM - $21.71) - $2,431.52 AND COSTS
Atty's Corem % DueProthy $1.00
Arty Paid $252.94 Other Costs
Plaintiff Paid
Date: NOVEMBER 18, 2003
(Seal)
CURTIS R. LONG
Deputy
REQUESTING PARTY:
Name FRANK FEDERMAN, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 12248
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB HEAT SERIES 2002-3
Plaintiff,
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 03-4410
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. 1)
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT SERIES 2002-3,
Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date
the Praecipe for the Writ of Execution was filed the following information concerning the real property
located at ,400-402 SOUTH YORK STREET~ MECHANICSBURG~ PA 17055.
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN C. STREMMEL
978 PINETOWN ROAD
LEWISBERRY, PA 17339
MARY J. STREMMEL 978 PINETOWN ROAD
LEWISBERRY, PA 17339
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
DEPARTMENT OF TREASURY-
INTERNAL REVENUE SERVICE
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
601 MARKET STREET
PHILADELPHIA PA 19106 &
FEDERAL BUILDING,
LIBERTY AVENUE
PITTSBURGH, PA 15222
UNITED STATES DEPT. OF JUSTICE
US ATTORNEY-MIDDLE DISTRICT OF
PA ATTN: MARY CATHERINE FRYE,
ESQ. ASSISTANT U.S. ATTORNEY
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS TOWER
FEDERAL BUILDING, 228 WALNUT ST.
PO BOX 11754
HARRISBURG, PA 17108
13TM FLOOR, SUITE 1300
1001 LIBERTY AVENUE
HARRISBURG, PA 15222
4. Name and address of'last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CHASE BANK OF TEXAS, 801 WEST GREENS ROAD
NATIONAL ASSOCIATION HOUSTON, TX 77067
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
None
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in
the property which may be affected by the sale:
Name
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Last IQ~own Address (if address cannot be
reasonably ascertained, please indicate)
400-402 SOUTH YORK STREET
MECHANICSBURG, PA 17055
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are tree and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities.
November 17, 2003
DATE
FRANK FEDERMAN, ESQUIRE
Attorney for Plaintiff
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE OF CSFB HEAT SERIES 2002-3
Plaintiff,
V.
JOHN C. STREMMEL
MARY J. STREMMEL
Defendant(s).
TO:
JOHN C. STREMMEL
978 PINETOWN ROAD
LEWISBERRY, PA 17339
CUMBERLAND COUNTY
No. 03-4410
November 17, 2003
MARY J. STREMMEL
978 PINETOWN ROAD
LEWISBERRY, PA 17339
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREI/IOUSL Y RECEIVED A DISCHARGE IN
BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOTBE CONSTRUED TO BE
ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTE **
Your house (real estate) at, 400-402 SOUTH YORK STREET, MECHANICSBURG, PA
17055~ is scheduled to be sold at the Sheriffs Sale on MARCH 3, 2004 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court.judgment of
$132,047.15 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE OF CSFB HEAT
SERIES 2002-3 (the mortgagee) against you. In the event the sale is continued, an announcement will
be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you w/Il have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the mount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriffwithin ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
ALL TI.IAT CERTAIN 1o{ or' grotmc~ situate on t~ W~ ~e of ~h Yore S~, in the Fg~ W~d
of ~ ~rou~ of Mechanie~ur~, C~n~ of Cumb~la~ ~d Stair of Pe~ylvania, b~ ~
~{hward ~v~aW (70) f~et to cor~ of ~ No~ 47; r~e ~' ~ }or, W~M one h~re~ ~
¢i~a (118) ~, n~re ~ l~, lo a t~' (20) ~0t pub~ $1ey; fl~e by ~M Mley, No.h~aM
BEING Lots Nos. 43 an~ 45 of ~ G~x~eral Plan as rnad~ by the heirs of John Coovcr, deceased.
two apartmeals ~d p, aragea oo tile rear and o~r small outbuildings.
TI~LE TO SAID PREMISES IS VESTED 1N }ol~ul C. Strealalel end Mary J. Stremm~i, Ns wife
by Doed 'from Tctty K ~ daKn:l 9/2371986 ~ recorded '1012111986, in R~cord Boole 32-G, Page
294.
Tax Map ~4-07g.5, Parcel 322
U.S. Bank National Association
VS
John C. Stremmel and Mary J.
Stremmel
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2003-4410 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Frank Federman.
Sheriff's Costs:
Docketing 30.00
Poundage 13.34
Posting Handbills 15.00
Advertising 15.00
Mileage 6.90
Levy 15.00
Surcharge 30.00
Postpone Sale 20.00
Out o f County 9.00
York County 53.92
Law Journal 228.20
Patriot News 2 l 3.28
Share of Bills 29.32
Law Library .50
Prothonotary 1.00
$ 680.46 paid by attorney
06/18/04
Sworn and subscribed to before me So Answgr~:
This ,2l~- day of
R. Thomas Kline, Sheriff
4)r ,
Prothonotary Real Es~te Deputy
Real Estate Sale # 39
On November 25, 2003 the sheriff levied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough, Cumberland County, PA
Known and numbered as 400-402 South York St.,
Mechanicsburg, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: November 25, 2003 By:~/~~
Real Estff-fe Deputy
THE PATRIOT NEWS
THESUNDAY PATRIOT NEWS
Proof of Publication
UnderAct No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Michael Morrow, being duly sworn according to law, deposes and says:
That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the
City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and Thq*
Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the
City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th,
1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in
their reguJar daily and/or Sunday/ Metro editions which appeared on the 20th and 27th day(s) of January and the
3rd day(s) of February 2004. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and
adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in
the office for the Recording of Deeds in and for said County of Dauph~@ in Mis~
Volume 14, Page 317.
PUBLICATION .........................................................................................
COPY
S A L E #39
REAL ES'I'ATE 8ALE No. ~
Writ Ne. ~1~&.4410
U.8. Bank NaI~ ammoe, m~
Vii
John C. 8b'emmel and
ALL THAT C~gI~.a~N lu~ of ground ~ima~ o~
th~ W~t ~ of ~ut~ Yod~ 8~r~e~ i~ tl~ I~th
~NOt~y commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO., Dr.
For publishing the notice or publication attached
hereto on the above stated dates
Total
213.28
cJ
bi
b~.~7:9..,~,.~= Publishers Receipt for Advertising Cost
~ an~tti~ (118) f~ mo~. or l~a, to.
~,,~(20)~pub~cal~;tlm~by~da~ey, publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
N~)~m~, receipt of the aforesaid notice and publication costs and ce~ifJes that the same have
~n~ (121) ~ m~ ~ ~s~ m ~ pl~
PROOF OF PUBLICATION OF NOTICE
1N CUMBERLAND LAW JOURNAL
(UnderAct No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
JANUARY 16, 23, 30, 2004
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statanents as to time, place and character of publication are tree.
REAL ESTATE 8ALE NO. 39
Writ No. 2003-4410 Civil
U.S. Bank, National Association
as Trustee of CSFB Heat
Series 2002 3
VS.
John C. Strerranel and
Mary J. Stremmel
Atty.: Frank Federrnan
ALL THAT CERTAIN lot of ground
situate on the West side of South
York Street, in the Fifth Ward of the
Borough of Mechan/csburg, County
of Cumberlmad and State of Penn
sylvania, bounded and described as
follows, to wit:
BEGINNING at corner of South
York and West Coover Streets;
thence by said South York Street,
Southward seventy (70) feet to cor-
ner of Lot No. 47; thence by sa/d lot,
Westward one hundred and eight-
//Eisa Marie Cosine, Editor
SWOlkrN TO AND SUBSCRIBED before me this
30 __day of JANUARY 2004
LOIS E, SNYDER, Nota~ Public
Carlisle Bom, Cumberland County
My Commission Expires March 5, 2005
Borough of Mechanicsburg. County
of Cumberland and State of Penn
sylvania, bounded and described as
follows, to wlt;
BEGINNING at corner of South
York and West Coover Streets:
thence by said South York Street,
Southward seventy 170) feet to cor-
ner of Lot No. 47; thence by said lot,
Westward one hundred and eight-
een (118) feet. more or less. to a
twenty (20) foot public alley; thence
by said alley. Northward eighty (80)
feet to West Coover Street; thence by
said street Eastward one hundred
and twenty one 11211 feet, more or
less. to the place of beginning.
DEING Lots Nos. 43 and 45 of
the General Plan as made by the
heirs of John Coover, deceased.
HAVING thereon erected a dou
ble frame dwelli~,g house known as
400 and 402 South York Street amd
two apartments and garages on the
rear mad other small outbuildings.
TITLE TO SAID PREMISES IS
VESTED IN John C. Stremmel and
Mary J. Streramel, his wife by Deed
from Terry K. Pass dated 9/23/
1986 and recorded 10/21/1986,
in Record Book 32 G, Page 294.
Tax Map #24-0785, Parcel 322.
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2005