HomeMy WebLinkAbout01-3257MAR~ J. UDREN & ASSOCZATES ATTORHEY FOR PLAZNTZFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE S00
CHERRY HILL, N~ 08034
856-482-6900
Washington Mutual Bank, F.A. :COURT OF CO~ON PLEAS
Successors in Interest to ~CIVIL DIVISION
Bank United :
3200 S.W. Freeway, Suite 1422 :Cumberland County
Houston, TX 77027 :
Plaintiff
V.
Jeffer~ E. Derrick
a/k/a Jeffrey E. Derrick i NO.
Carol A. Derrick :
555 Browns Lane :
Enola, PA 17025 :
Defendant(s)
COMPLAINT IN MORTGAGE FORECLOSURE
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 farther 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.
YO~ SHOULD TAKE THIS PA~E~ TO YO~ LANI~H AT ONCE. IF YO~ DO NOT
HA%'E A LA. EH OH ~%NNOT AFFOP. D ONe, ~O TO OR TELEPHOH THE OFFICE
SET FORTH HELON TO FIND O~T ~ERE YO~ CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
AVI~O
Le han demandado a usted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrlta o en
persona o con un abogado ¥ entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas ¥
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provlsiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013=3387
717=249=3166 or 800=990=9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attaehed document. Unless you notify us within
30 days al~er receipt of this Notiee and the attached doeument that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us
in writing of a dispute within the 30 day period, we will obtain verification of the debt or a
eopy of a judgment against you, and mall it to you. If you do not dispute the debt, it is not an
admission of liability on your part Also, upon your written request within the 30 day period,
we will provide you with the name and address of the original creditor if different from the
current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have maned to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt colieetor and this Notice and the attaehed doeument is
an attempt to eoHeet a debt, and any information obtained will be used for that purpose.
LAW OFFICES OF MARK J. UDREN
/s/Mark J. Udren, Esquire
1040 N. Kings Highway, Suite 500
Cherry Hill, NJ 08034
(856) 482-6900
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. If Plaintiff is an assignee then it
is such by virtue of the following recorded assignments:
Assignor: Union Federal Savings Bank of Indianapolis
Assignments of Record to: Washington Mutual Bank, F.A. Successors
in Interest to Bank United
Recording Date: 08/28/96 Book: 528 Page: 837
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said Mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with PA.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PRF.MISES: 555 Browns Lane
Enola, PA 17025
MUNICIPALITY/TOWNSHIP/BOROUGH: Township of East Pennsboro
COUNTY: Cumberland
DATE EXECUTED: 05/08/95
DATE RECOI~DED: 05/11/95 BOOK: 1262 PAGE: 285
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured bysaid Mortgage, together with other charges authorized by
said Mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Note as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
05/23/01:
Principal of debt due and unpaid $113,190.21
Interest at 9.25% *
from 10/01/00
to 05/23/0% . .
(the per diem %nterest accruing on
this debt is $29.08 and that sum
should be added each day after
05/23/01) 6,833.80
Title Report 250.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(Th9 monthly escrow on this account
is $179.84 and that sum should
be added on the first of each
month after 05/23/01) 427.29
Late Charges
(monthly Iate charge of ~46.72
should be added on the fifteenth of
each month after 05/23/01) 286.33
NSF Fees 15.00
Other Fees 41.00
Attorneys F~es.(anticipated and actual
to 5% o~ prIncipal) 5~59=51
TOTAL $126,983.14
· This interest rate is subject to adjustment as more
£ully set £orth mn the Note and Mortgage.
7. The attorney's fee 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 in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $126,983.14 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
M~rk J~ Udren, ESQUIRE
MARK J. UDP~EN & ASSOCIATES
Attorney for Plaintiff
Attorney I.D. No. 04302
CO~ OF C~ ~ CO~O~ OF P~BYLV~A, BO~ ~ DEfCRZB~ ~
FOLL~S, TO W~T~
B~ AT A CONC~TE ~ ON ~E ~STE~ L~ R~n'~' OF MAY L~ OF
GRB~O~ DRIP, AT ~E 8Ou-~'~w~T CO~ OF LOT ~. 9 ON ~B ~BZN~TER
P~ OF LOTS; ~CE ~O~ ~E 80u'r~E~ LZ~ OF LOT ~. 9, NOR~ 59 DRQRBB8 39
MI~S 27 SECO~S ~ST, A DIBT~E OF 100.00 FEET TO ~ IRON PIN AT THE
CO~R OF .LOT ~. 9 ON ~B H~IN~ER ~IO~ P~ OF LOTH; ~CB ~0~ ~S
~W OR ~TE OF QIUSEPPE B~RI~OLI, SOu'r~ 30 DEG~E~ 20 MI~ES 33 BECOME ~T, A
DIST~E OF 101.18 FE~ TO ~ IRON PIN; ~E BY ~ ~C C~VI~ ~ ~R HIGHT,
~VINQ A ~IUS OF 125.00 FEET, ~ ~C L~G~ OF 7.77 F~T ~ ~ IRON PIN;
CO~Z~IN~ ~0~ B~, SOu'r~ 74 DE~R~EH 39 MI~EH 29 BECO~S ~HT, A DZHT~CE OF
76.52 FEET TO ~ IRON PIN; ~E BY ~ ~C =UATI~ TO ~B RI~mw, ~VI~ A
OF 25 FEET, ~ ~C L~ OF 32.95 FE~, TO ~ IRON PIN ON ~E ~T~ LE~
OF ~E WAY LI~ OF ~ DRY; ~CE ~0~ ~E ~TB~ RI~HT OF WAY LI~ OF
~RE~O~ DRIP, BY ~BR ~C C~VIN~ TO ~E HI~T, ~VIN~ A ~IUS OF 175
~ ~C L~ OF 1.60 FB~ TO ~ IRON PIN~ ~CB STILL CO~INI~ ~O~ S~,
30 DE~EH 20 MI~ES 33 BBCO~H NEST, A DIST~CE OF 56.63 FEET TO A CONC~E
CO~AINZN~ 8,732.92 BQU~ FRET, ~RR OR LESS.
EEZ~ LOT NO. 10 ON ~E FZ~ B~D~ISZON P~ OF P~ NILLS, SECTION 1, DAT~ ~Y
30, 1990 ~ HECO~ OCTOB~ 3, 1990 IN ~E OFFICE OF ~E ~CO~ OF DE~8 OF
~E~ CO~, PE~BYLV~IA IN P~ ROOK El, P~E 79.
BEI~ ~H~ WI~ A ~LLZNQ ~ ~ 555 ~O~S ~.
~BR ~ H~CT TO ~TS OF ~H~LY, CO~ ~ TO~HH~P O~IN~CEH, RIG, S OF
VISIBLE OR OF R~CO~, TO ~E ~ ~T ~ PE~ONS OR ~ITIES ~
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default, and the lender
intends to foreclose. Speeffle information about the nature of the default is provided in the
'- ~
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able
to help to save your home. This Notice exulains how the nrogram works.
To see if HEMAP can bela, you must IWI~,ET WITH A CONSUMER CREDIT
COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take
this Notice with you when you meet with the Counselinn A~encv.
The name. address and phone number of Cflnxumer Credit Counselin~ A~encies servin~
your County are listed at the end of this Notice. ~If you have any uuestions, you may call the
pennsylvania HooHn~ Finance A~encv toll free at 1-800-342-2397. (Persons with imoaired
hcarin~ can call (71TI 780-1869].
This Notice contains important legal information. If you have any questions,
representatives at the Consumer Credit Counseling Agency may be able to help explain it.
' in your are]-
,.n' ES DE SUMA
~ ~,NDO EN SI. ~
r~ IFICACION m
w ~ ESTA AGEI ~' I ,
*-, c*~,~ [ [ RESTAMO P ~.
--~ ~ ~ F. ~ MORTGAGE,
~ _.~'*'~"'- ~ == '~'""~"~' I$
== [~~"~'~-'"~'~ .......................... t ~' = t'~---~~'~~-''~= ..........................
.............................. t ......................................................................
HOMEOWNER'S NAME(S): Jeffery E. Deitrick
Cnrol A. Ddtrick
PROPERTY ADDRESS: SSS Browns In.
Enols, Pn. 17025
LOAN ACCOUNT ii: 605?037
ORIGINAL LENDER: Union Federal Savings Bank of Indianapolis
CURR~NT LENDER/SERVICER: Bank United
~YMi~..NTS
iF You ¢OMP .Y wrra THE ROWSXO? OF
E~RGENCY MORTGAGe. ASSISTANC~ ACT OF 1983 (TH~ ACT"), YOU MAY t~
FOR EMERGENCY MORTGAGE ASS~STANCE'-
· X)F' YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR
CONTROL~
· IF YOU HAW A RF, A$ONABLE ?ROS~ECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENT$~ AND
· IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
OFt a ~lOr 3U flny~IXOLUtLL~U~LL~L~UO~-~'.~ · ~..~'0 .
of foreclosure on your m g ~. J . .
. th one of the co~ttmer credtt cou~ehn
yO . . ._ ' ' .KTING MUST O~'~Utl
BRING YOUR MORTGAGE UP 'lU DAiiz.__tn_~ r~.t~ ~Jr ~r~,o ,, --
l o , ,Slow ro yoUR ORrGAOE DE A T", TO
YOUR MORTGAGE UP TO DATE· ·
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consul, e~
yo . uuny (~v) ~s .... . . ich the ~ronertv is locate~
,t~.A - -- credit commuhlls! ~9~-na*~ for the county 111 wh ~ . .
Advise your lender ~ of your ~ntenttous.
in default for the
APPLICATION R MORT.G .GE. ..S .T E - Your _mo. rtsase ~.s . .
[ and , to resotve uus prootem . ;
ofyourdcfault.) Ifyouhav.e~e~, ~areumblc
thc risht to apply for financial asststance from the Homeowncr's Bmergency Mort~a.~_.,~sststancc
completed Homeowner's lmter~en;c, y
Pro . To do so, yo.u, must fil, l out, sisn and .file a . .
I;~t~ .t the cn(f of this'l~[otice. Only consumer credit couusen.,n~ a~enctes, tm_.ve appt, tcau.o~?.
........ ' ist u ~n submittin a corn lete apphcatxon to,the..r . ~.v~, la t-tousln~
rogram end they vall ass yo. g P withmthirtven~(~ da ofyour
~inance Agency. Your apphc~tton MUST be filed or postmarked rty ~, ) y~
face- to-face meeting.
APPLICATION FOR MORTGAGE A$$ISTANCl~ wlt,~ ~ Page 2 of 5
~11 ~ p~u~ ap~t you ir you ~ve act ~ time ~qui~m~ ~t fo~
a~ve. Yoh-~[l ~ not~fied dt~tl~by ~c p~l~nm Ho~mg Ft~ ~oy o~t~ ~ston on your
appli~tion.
NOTR: I~ YOn ~ C~Y PROT~ED BY T~ ~H.~G O~ A PRT~ION ~
B~CY, THi ~OLLO~G P~T OF T~8 ~O~ I8 ~OR ~TION
P~OS~ O~Y ~ SHOED NOT BE CONS~E~D ~ ~ A~E~ TO
~LLE~ 3~ DEBT.
~f you have fil~ b-n~ruptcy you ~n still apply for Emergen~ Mo~gage ~sistance.)
HOW TO URE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT - The MOP,.TGA(}E debt held by the above lender on your property located
at: 555 B~ow~s Ln.
Enola. Pa. 17025
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts arc now past due:
No~,~b~- 2000 thru February 1. 2001 (21 ir& $ 1,152.55 (cach~
(21 ('& $ 1,168.08 (eachl
Late Fee's $ 192.89 ($46.10 eaohl
-- Other charges (explain/itemize): $ 21.75 (oronert¥ insoeetion fee'sl
TOTAL AMOUNT PAST DUE: $ 4,855.90
~. YOU HAVE FAILED TO TAKE THE FOLLOWING A~- 1'IO1~1 (Do not use if not aonlicable):
WOW TO CURE TI-W. DEFAULT - You may cure the default within TIHRTY (30) DAYS of the date of
this notic~ BY PAYING THE TOTAL AMOUIqT PAST DUE TO 't'tl~ !.~NDER, WHICH IS $ 4 ~._~8~.,~..q~
PLUS ANY MOP. T(IA(IE PA~ AND LATE CHAR(iES WHICH BECOME DUE DURINO ~ THIRTY
(30) DAY PERIOD. Pa',:,-=..:~ must be ~..~.~.a ,.~fl,~r by cash~ c~.*b;~,'s ch,,el~ ,-~ffi+i,*,t ch~-i~ or money order made
l~nnlc United
P.O. Box 4864
Houston. Tx. 77210-4864
You can cur~ any other default by taking the following aotion within THIRTY (30) DAYS of the date of
this letter. (Do not use if not aonlieabl¢.l
~-F YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS
of the date ofthis Notice, the !*na*r int*na~ to exercise its rights to *~e~larate the mort~aee debt. This
means that the entire outstanding balance of this debt will he considered due immediately and you ,;~,y lose
the chanee to pay the mortgage in monthly installments. If full payment of the total amount past due is not
· made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to
foreclose unon your mortgaged urooertv.
Page 3 of 5
IF THE MORTGAGE IS FORECLOSED UPON - The me,gaged property will be sold by the Sbedff
to pay offthe mortgage debt. lfthe lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings arc started against
you, you will have to pay all reasonable attorney's fees aotnally incurred by the lender even if they exceed
$50.00. Any attorney's fees will be added to the amount you owe thc lender, which may also include other
reasonable costs. Jif yon cure the default within the THIRTY/301 DAY neriod, yon will not be required
to pay attorney's fees.
OTt-tll;R LENDER REMEDIES - Thc lender may also mc you personally for the unpaid principal halancc
and all other sums duc under the mortgage. If your debt has been discharged in hankmptoy without your
having reaffirmed it, then lender cannot pursue this remedy.
RIGHT TO CURE TI-~ DEFAULT PRIOR TO SHERIFFS SALE - If you have not cured the default
. within the THIRTY (30) DAY padod and foreclosure proceedings have began, you st/fl have tbe right to core
the aet'n,lt and prevent the sale at any time up to one hour before the Shexiffs Sale. You may do so bv
paying the total amount then past due, plus any late or other charges then due, reasonable attorneys fees and
costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified
in writin~ by the lender and by nerformin~ any other reauirernents under the mortaa~,e. Curing your default
in the manner set forth in this notice will restore your mortgage to the same position as if yon had
never defaulted.
EARLIK.qT POSSIIILE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a
Sheriffs Sale of the mortgaged property could be held would be approximately. 6 months
from the date of this Notice. A notice of thc actual date of the Sheriffs Sale will be sent to you before thc
sale. Of course, the amount needed to cure the default will increase the longer you wait. You'may find out
at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of~,ender: Bank United
Address: 3200 S.W. Frecwav. Suite PT-1442
Houston. Tx. 77027
phone ~i'**mher: 800-3~)~-~)803
Fax N-mher~ 713-S43-3969
Contact Person: Charlotte Johnson or Tim Adams
Etna's:CT OF SI-IV.16C~'I~S SALE - You. should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in thc property after thc Sheriffs
Sale, a lawsuit to remove you and your fumishinga and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTOAGE - You X may** ur m m~y not sell or h-ensfer your home to a buyer
or kansfe~ee who will assume the mortgage debt, provided that all the outstandingpayments, oharges and
attorney's fees and costs are paid prior to or at the sale ap.d that the other requirements of the mortgage are
satisfied.
** Assumption may be subject to credit approval and or other conditions
Page 4 of 5
YOU MAY ALSO HAVE THE RIGHT:
· TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FKOM ANOTHER LENDING INS'H'IIJT[ON TO PAy OFF THIS DEBT.
· TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACiING ON YOUR BEHALF.
· TO HAVE THE MORTGAGE RESTORED TO THE SAM~ POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS
RIGHT TO CURE YOUR DEFAULT MORE THAN THR]EE TIMES IN ANY CALENDAR
YEAR.)
· TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTfI1JTED UNDER THE MORTGAGE DOCUMENTS,
· TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH A~.;IION
BY THE LENDER.
· TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
Enclosed, olense find n list ofall Counselin~ Ageneiz~
Pages of $
Mark J. Udren0 Esquire, hereby states that he is the attorney
for the Plaintiff, a corporation unless designated otherwise; that
he is authorized to take this Verification and does so because of
the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he has
personal knowledge of some of the facts averred in the foregoing
pleading~ and that the statements made in the foregoing pleading
are true and correct to the best of his knowledge, information and
belief and the source of his information is public records and
reports of Plaintiff's agents. The undersigned understands that
this statement herein is made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
M~ Udren, ESQUIRE
MARK J. UDREN &ASSOCIATES
NI~RK J. UDP. EN & ASSOCIATES ATTOPATEY FOR PLAINTIFF
BY= ~rk J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGNWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to i CIVIL DIVISION
Bank United .Cumberland County
9451 Corbin ave.
Mailstop N010204 ~ MORTGAGE FORECLOSURE
Northbris\dge, CA 91324
:
Plaintiff :
v.
Jeffery E. Deitrick ' NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025
Defendant(s) :
PRAECIPE FOR .,uDGMENT FOR FAILURE TO
ANS~EK_AND_AS~.~M~T OF DANAQ~
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff,s Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff' s damages as follows:
As set forth in Complaint $126,983.14
Interest Per Complaint 4,513.56
From 5/24/01 to 11/13/01
Late charges per Complaint 233.60
From 5/24/01 to 11/13/01
Escrow payment per Complaint 1, 079_._0~4
From 5/24/01 to 11/13/01
TOTAL
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of w.~ich is attached hereto. ;~... '~ & ASSOCIATES
DAMAGES ARE HEREBY ASSESSED AS IND,~CATED
DATE: tt- m, O} PRO PROTHY ' '
MARK ~. UDREN & ASSOCIATES ATTORNBY FOR PLAIHTIFF
BY: Mark ~. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINOS KIGHWAY, SUITE 500
CREUT RILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. COURT OF COMMON PLEAS
Successors in Interest to CIVIL DIVISION
Bank United Cumberland County
3200 S.W. Freeway, Suite 1422
Houston, TX 77027
Plaintiff
V.
Jefferv E. Derrick .
a/k/a ~effrey. E. Derrick NO. 01-3257 Civil Term
Carol A. Derrick
555 Browns Lane
Enola, PA 17025
Defendant(s)
DATED: June 22, 2001
TO: Jeffery E. Deltrick a/k/a
Jeffrey E. Deitrick
555 Browns Lane
Enola, PA 17025
ZMP~)RT,~TNOTI~.E
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. 'UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A~MAY BE ENTERED AGAINST YOU WITHOUT A HEARING ANDYOUMAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
USTED SE ENCUENTHA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA
ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION
DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION,
EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O
ESCUCHAR PREUBA ALG~JNA, DICTAR SE~'r~NCIA EN SU CONTRA, USTED PUEDE
PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA
NOTIFICACION A UN ASOGADO IMM;nIATAMENTE SI USTED NO TIENE ABOGADO,
O SI NO TIENE DINERO SUFICiENTE PARA TAL SERVICIO, VAYA EN PERSONA
O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
~ Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE= ~URSUANT TO T~E FAIR DEBT COLLECTION P~ACTZCEB ACT, T~ZB
LAW FZU ZB DE~ED TO BE A DEBT COLLECTORAND THZ~ KS AN ATT~EPT TO
COLLECT A DEBT. ~ INFORMATION OBTAINED WILL BE U~ED FOR THAT
PURPOBE.
MARK J. UDREN & ASSOCZATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. RIN~S HIGHWAY, SUITE 500
CHERRY RILL, NJ 08034
856-482-890~
Washington Mutual Bank, F.A. COURT OF CO~n~ON PLEAS
Successors in Interest to CIVIL DIVISION
Bank United Cumberland County
3200 S.W. Freeway, Suite 1422
Houston, TX 77027
Plaintiff
V.
Jeffer~ E. Detrlck .
a/k/a Jeffrey. E. Derrick NO. 01-3257 Civil Term
Carol A. Detr~ck
555 Browns Lane
Enola, PA 17025
Defendant(e)
DATED: June 22, 2001
TO: Carol A. Deitrlck
555 Browne Lane
Enola, PA 17025
IM~ORTANT~.NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENTMAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
LAWYER REFERRAL SERVICE
Cumberl~d County Bar J~sociation
Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
HOTIF~CAC~.~ORTA]~T~E
USTED SE ENCUENTRA EN ESTADO DE REBELDIA FOR NO HABER TOMADO LA
ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION
DEBIDA DEh'r~O DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION,
EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O
ESCUCHAR PREUBAAL~UNA, DICTAR SENTENCIAEN SU CONTRA, USTED PUEDE
PEP. DER BIENES Y OTROS DERECHOS, iMPORTANTES. DEBE LLEVAR ESTA
~OTIFICACION A UN ABOGADO I~DIATAMENTE SI USTED
SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIo,NOvAYATIENEENABOGADO'pERSONA
O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUiR ASSISTENCIA
LEGAL.
SERVICIO DE REFERENCIA LEGAL
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
NOTICE~ PURSUANT TO THE FAIR DEBT COLLECTION PRACTICEE ACT, THIS
LAW FIRM IS DEiqf~D TO BE A DEBT COLLECTOR AND THIS IS AN ATT~(PT TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
MARE J. UDRRN a ASSOCIATES ATTORNEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. HI]~3S HIGHWAY, SUITE SOO
CHERRY HILL, NJ 08034
856-482-6900
Successors in Interest to CIVIL DIVISION
Bank United Cumberland County
3200 S.W. Freeway, Suite 1422
Houston, TX 77027 MORTGAGE FOP~ECLOSURE
Plaintiff
v. NO. 01-3257 Civil Term
Jeffery E. Derrick
a/k/a Jeffrey E. Derrick
Carol A. Derrick
555 Browns Lane
Enola, PA 17025
De fendant (s)
AFFIDAVIT OF NON-MILITARY SERVICE
SS
COUNTY OF
THE UNDERSIGNED being duly sworn, deposes and says that the
averments herein are based upon investigations made and records
mainta.ined by u.s either as Plaintiff or as servicing agent of the
Plaintiff herein and that the above Defendant(s) are not in the
Military or Naval Service of the United States of America or its
Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended, and that the age and last known residence and
employment of each Defendant are as follows:
Defendant: Jeffery E. Derrick a/k/a Jeffrey E. Derrick
A~e: Over 18
Residence: As captioned above
Employment: Unknown
Defendant: Carol A. Derrick
Age: Over 18. ~ ~'\ / \
Residence: As captioned a~e\ / \
before me this |~ day ~ '~ ~ -~ ' ~ ~ /\~,.~
ANDRe,~ "~;HABER
NOIAPv ' · 4- N[W
MA~K J. UDKEN & ASSOCIATES ATTOP-NEY FOR PLAINTIFF
BY: Mark J. U4xen, Esquire
A'~'Tf.L.D. NO. 04302
1~0 N. KINOS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United : Cumberland County
9451 Corbin ave.
Mailstop N010204 ~ MORTgAgE FORECLOSURE
Northbris\dge, CA 91324
Plaintiff :
V.
Jeffery E. Deitrick 'NO. 01-3257 Civil Tem
a/k/a Jeffrey E. Derrick :
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025 :
Defendant(s)
TO: Jeffery E. Deitrick
a/k/a Jeffrey E. Derrick
555 Browns Lane
Enola, PA 17025
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a Judgment has been entered against you in the above
proceeding as indicated below.
Pro~honotary
..X_ Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY ..... Mark_.J.._J/dren,._Es~uize_
At this telephone number: _85.-fL~4~2-6900
MAR/~ J. UDP, EN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BY= Mark J. Udren, Esquire
ATT~ ~.D. NO. 04302
1~40 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, N~ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF CO~ON PLEAS
Successors in Interest to i CIVIL DIVISION
Bank United :Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORBCLOSURB
Northbris\dge, CA 91324
Plaintiff
v.
:
Jeffery E. Deitrick 'NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick :
Carol A. Deitrick
:
555 Browns Lane
Enola, PA 17025 :
Defendant(s) :
PP, AECIPE FOR OuuGMENT FOR FAILD'RE TO
TO THE PRO~ONOT~Y:
Kindly enter jud~ent in favor of the Plaintiff and against the
Defendant(s) for failure to file an ~swer to Plaintiff's Complaint
within 20 days from se~ice thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $126,983.14
Interest Per Complaint 4,513.56
From 5/24/01 to 11/13/01
Late charges per Complaint 233.60
From 5/24/01 to 11/13/01
Escrow pa~ent per Complaint ~
From 5/24/01 to 11/13/01
TOT~ ~~
I hereby certify that (1) the addresses of the Plaintiff ~d
Defendant are as sho~ above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of w~ich is attached hereto.
~~N[~ &~SOCIATES
~RO PROTHY
MA~ J. UDP. EN&ASSOCIATES ATTORNEY FOR PLAINTIFF
~Y~ Mark J. Udren, Esquire
A'l-~'x' i.D. NO. 04302
1040 N. KIN~S HIGHWAY, SUITE 500
CHEI~RY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. :COURT OF COMMON PLEAS
Successors in Interest to ! CIVIL DIVISION
Bank United .Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORECLOSURE
Northbris\dge, CA 91324
Plaintiff :
V.
Jeffery E. Deitrick
a/k/a Jeffrey E. Derrick iNO. 01-3257 Civil Term
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025
Defendant(s)
TO: Carol A. Deitrick
555 Browns Lane
Enola, PA 17025
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby
notified that a Judgment has been entered against you in the above
proceeding as indicated below.
Prothonotary
x Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
Judgment on Award of Arbitration
Judgment on Verdict
Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL:
ATTORNEY ...... MarJ~.~dr~en,._Esquir~ ......
At this telephone number: .....
~ J. UDREN & A~SOCIATES ATTOP. NEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEI~RY HILL, N~ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United : Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORECLOSURE
Northbris\dge, CA 91324
Plaintiff :
Jeffery E. Deitrick 'NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025 :
Defendant(s) :
PI~%ECIPE FOR uumG)EENT FOR FAILUI~E TO
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against the
Defendant(s) for failure to file an Answer to Plaintiff's Complaint
within 20 days from service thereof and for foreclosure and sale of the
mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $126,983.14
Interest Per Complaint 4,513.56
From 5/24/01 to 11/13/01
Late charges per Complaint 233.60
From 5/24/01 to 11/13/01
Escrow payment per Complaint
From 5/24/01 to 11/13/01
TOTAL
I hereby certify that (1) the addresses of the Plaintiff and
Defendant are as shown above, and (2) that notice has been given in
accordance with Rule 237.1, a copy of w~ich is attached hereto.
t & ASSOCIATES
~ ~a~k J. Udren~ ESQU.IRE
~--' Attorney for Plaintiff
PRO- PROTHY
MA~K J. UDP. EN &ASSOCIATES ATTORREy FOR PLAINTIFF
BY: Mark J. U4ren, Esquire
ATTY I.D. NO. 04302
1040 N. KIN~S HIGHWAY, SUITE $00
CHHRRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United :Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORECLOSURE
Northbris\dge, CA 91324
Plaintiff :
v.
Jeffery E. Deitrick 'NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick
Carol A. Deitrick
:
555 Browns Lane
Enola, PA 17025 :
Defendant(s) :
PP~%ECIPH FOR WRIT OF EXECUTION
TO THE SHERIFF:
Issue Writ of Execution in the above matter:
Amount due $13.2. 809.~4
Interest From No3~14. 2D01 2~_~1.22
to Date of Sale Mar~. 6, 2002
Per diem e$25.94
(Costs to be added) $
MARK J. UDREN & ASSOCIATES
/M~rk ~. Ud~, ESQUIRE
ATTOP~NEY FOR PLAINTIFF
MARK J. UDR~N & ASSOCIATES ATTOP, NEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
AT~,f I.D. HO. 04302
1040 N. KIN~S HIGHWAY, SUITE 500
CHERRY RILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to ! CIVIL DIVISION
Bank United :Cumberland County
9451 Corbin ave.
Mailstop N010204 ~ MORTGAGE FORECLOSURE
Northbris\dge, CA 91324 :
:
Plaintiff
:
V.
Jeffery E. Deitrick :NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025 :
:
Defendant(s) :
CERTIFICATE
Mark J. Udren, Esquire, hereby states that he is the attorney for
the Plaintiff in the above-captioned matter and that the premises are not
subject to the provisions of Act 91 because it is:
( ) An FHA insured mortgage
( ) Non-owner occupied
( ) Vacant
( X ) Act 91 procedures have been fulfilled.
( ) Over 24 months delinquent.
This certification is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
]UDREN & ASSOCIATES
~ J. UDREN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BY~ Mark J. Udren, Esquire
ATTY I.D. NO. 04302
1040 N. KINQS HIQHWAY, SUITE 500
CHE~RY BILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. :COURT OF COMMON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United : Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTC~AGE FORECLOSURE
Northbris\dge, CA 91324 :
Plaintiff
V.
Jeffer~ E. Deitrick NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick
Carol A. Deitrick :
555 Browns Lane
:
Enola, PA 17025
Defendant(s) :
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, F.A. Successors in Interest to Bank United,
Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets
forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 555
Browns Lane, Enola, PA 17025
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Jeffery E. Deitrick 555 Browns Lane, Enola, PA 17025
A/k/a Jeffrey E. Derrick
Carol A. Deitrick 555 Browns Lane, Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS #1 ABOIFE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
4. Name and address of the last recorded holder of every mortgage of
record:
Name Address
Plaintiff herein. See Caption above.
Commercial Capital Corp. 25 West 43rd St., Ste 900, New York, NY 10036
5. Name and address of every other person who has any record lien on the
property:
Name Address
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 Address
Real Estate Tax Dept. I Courthouse Square, Carlisle, PA 17013
Domestic Relations Section 13 N. Hanover St., Carlisle, PA 17013
Commonwealth of PA, Bureau of Compliance, Dept. 280946
Department of Revenue Harrisburg, PA 17128-0946
7. Name and address of every other person of whom the plaintiff has
knowledge who has any interest in the property which may be affected by
the sale:
Name Address
Tenants/Occupants 555 Browns Lane, Enola, PA 17025
I verify that the statements made in this affidavit are true 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 unsworn falsification to authorities.
MARK j~.~ UDREN & ASSOCIATES
· , ESQ..
~--/ Attorney f~r- Plaintiff
~uRK J. UDI~EN & ASSOCIATES ATTOP. NEY FOR PLAINTIFF
BY= Mark J. Udren, Esquire
ATTY i.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COURT OF COMMON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United : Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORECLOSURE
Nortb_bris\dge, CA 91324 :
Plaintiff
V.
Jeffery E. Deitrick NO. 01-3257 Civil Term
a/k/a Jeffrey E. Detrick :
Carol A. Deitrick :
555 Browns Lane
:
Enola, PA 17025
:
De fendant (s) :
TOi Jeffery E. Deitrick Carol A. Dietrick
a/k/a Jeffrey E. Derrick 555 Browns Lane
555 Browns Lane Enola, PA 17025
Enola, PA 17025
Your house (real estate) at 555 Browns Lane, Enola, PA 17025 is
scheduled to be sold at the Sheriff's Sale on March 6, 2002, at 10:00
A.M. in the Cumberland County Courthouse, i Courthouse Square, Carlisle,
PA, to enforce the court judgment of $132,809.34, obtained by Plaintiff
above (the mortgagee) against you. If the sale is postponed, the
property will be relisted for the Next Available Sale.
NOT~~.S_ RI.GHTS
ID~.MAy_BEABLETO_~~HERIF~
To prevent this Sheriff's Sale, you must take immediats_act~on--
1. The sale will be cancelled if you pay to the mortgagee the back payment, late
charges, costs and reasonable attorney's fees. To find out how muchyoumust pay,
you may call:
2. You may be able to stop the sale by filing a petition asking the Court to strike
or open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the
more chance you will have of stopping the sale. (See notice on page two on how
to obtain an attorney.)
Y O.U_ NAY__S ? ILL ._ B E_ A~LE_TO~ff~$[QUR_
E~LF~TJd~_SHF~I~F'__S_SALE._DOES_TAEF~PJ2~F=
1. If the Sheriff's Sale is not stopped, your property will be sold to the
highest bidder. You may find out the price bid b~ calling 856-482-6900.
2. You maybe 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 856-482-6900.
4. If the amount 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 after 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 Sheriff within ten
(10) days after Schedule of 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 T~IS PAPER TO YOUR LAWFER AT 0lICE. IF YOU DO NOT HAVE A LAWFF~ OR
CA~OIOT AFFORD (HIE, ~0 TO OR TELEPHOI~ -r~ OFFICE LIBT~n B~LOW TO FI~) O0T ~ YOU CAN
GET LEGAL E~LP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ASSOCIATION DE LICENCIDADOS DE FILADELFIA
cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166 or 800-990-9108
ALL THAT CEETAIN PIECE OR. PARCEL OF LAND SITUATE IN THE TOWNSHIP OF ~AST PENNSBORO,
COUNTY OF CUM~EPJ~a. ND AND COMMONWEALTH OF PENNSYLVANIA, BOUWDED AND DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT A CONCRETE MON~14~NT ON THE EASTERN LEGAL RIGHT OF WAY LINE OF
GREENMONT DRIVE, AT TEE SOUTHWEST COP~NEH OF LOT NO. 9 ON THE HE~EINAFTEIt MENTIONED
PLAN OF LOTS~ THENCE ALONG THE SOu-a-mERN LINE OF LOT NO. 9, NORTH 59 DEGREES 39
MINUTES 27 SECONDS EAST, A DISTANCE OF 100.00 FEET TO AN IRON PIN AT THE SOu'A'~EAST
CORNER OF .LOT NO. 9 ON THE HEREINAFTER MENTIONED pLAN OF LOTS~ THENCE ALONG LA~DS
NOW OR LATE OF GIUSEPPE SGHIGNOLIo SOUTH 30 DEGREES 20 MINUTES 33 SECONDS EAST, A
DISTANCE OF 101.10 FEET TO AR IHON PIN~ THENCE BY AR ARC CUltVING TO THE RIGHT,
HAVING A P. ADIUS OF 125.00 FEET, AR A~C LENGTH OF ?.?? FEET TO ~N IRON PIN~ THENCE
CONTINUING ALONG SAME, SOUTH 74 DEGREES 39 MINUTES 29 SECONDS ~EST, A DISTANCE OF
76.52 FEET TO AR IRON PIN; THENCE BY AR A~C CUItVING TO THE EIGHT, HAVING A RADIUS
OF 25 FEET, AR ARC LENGTH OF 32.95 FEET, TO AR iRON PiN O~ THE EASTERN LEGAL RIGHT
OF THE WAT LINE OF GRNENMONT DRIVE~ THENCE ALONG THE EASTERN RIGHT OF WAY LI~ OF
GREEWMONT DRIVE, BY ANOTHER ARC CURVING TO THE RIGHT, HAVING A ]~%.DIUS OF 175 FEET
AR A~C LENGTH OF 1.60 FEET TO AN IRON PIN~ THENCE STILL CONTINING ALONU SAME, NORTH
30 DEGREES 20 HINUTES 33 SECONDS WEST, A DISTANCE OF 56.53 FEET TO A CONCRETE
MONUMENT, THE POINT AND PLACE OF BEGINNING.
CONTAXNIND 8,732.92 SQUA~tE FEET, MORE OR LESS.
BEING LOT NO. 10 ON THE FINAL SUBDIVISION PLAN OF PENN HILLS, SECTION 1, DATED MAy
30, 1990 AND RECOEDED OCTOBER 3, 1990 IN THE OFFICE OF THE EHCOEDER OF DEEDS OF
CUMBBR.LA~D COU~TY, PENNSYLVANIA IN PLAN BOOK 61, PA~E 79.
BEING IMPROVED WITH A DWELLING KNOWN AS 555 BROWNS LANE.
UNDER AND SUBJECT TO ACTS OF ASSMMBLY, COUNTY AND TOWNSHIP ONDINANCES, RIGHTS OF
PUBLIC UTILITY AND PUBLIC SERVICE COMPARIES, EXISTIND RESTRICTIONS, A~D EASEMENT,
VISIBLE OR OF RECOED, TO THE EXTENT T~AT ANY PERSONS OR ENTITIES NAVE ACQUIRED
LEGAL RIGHT5 THERNTO.
BEING KNOWN AS 555 BROWNS LANE, ENOLA, PA 17025
PROPERTY ID NO.: 09-15-1288-175
TITLE OF SAID PREMISES IS VESTED IN JEFFREY E. DIETRICK AND CAROL
A. DIETRICK, HIS WIFE, BY DEED FROM TERRENCE F. DEP~LOSHON, JOINED
BY CAROL DEP,~LOSHON, HIS WIFE. DATED 5/5/95, RECORDED 5/11/95, IN
DEED BOOK 121, PAGE 1171.
MARK J. UDI~EN & ASSOCIATES ATTOI~NEY FOR PLAINTIFF
BY= Mark J. Udren
ATTY I.D. NO. 04302
1040 N. KINGS HIGHWAY, SUITE 500
CHEI~Y HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. :COURT OF CO~ON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United . Cumberland County
9451 Corbin ave.
Mailstop N010204 :
Northbris\dge, CA 91324 :
Plaintiff
V.
Jeffery E. Deitrick :
a/k/a Jeffrey E. Derrick ~ NO. 01-3257 Civil Term
Carol A. Deitrick :
555 Browns Lane
Enola, PA 17025 :
Defendant(s) :
AFFIDAVIT OF SERVICE PURSUAI~TTO Pa.R.C.P.RULE 3129.1
Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies
that:
1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which
is attached hereto as Exhibit "A", was sent to every recorded lienholder and
every other interested party known as of the date of the filing of the
Praecipe for the Writ of Execution, on the date(s) appearing on the attached
Certificates of Mailing.
2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and
certified mail on the date appearing on the attached Return Receipt, which
was signed for by Defendant(s) on the date specified on the said Return
Receipt. Copies of the said Notice and Return Receipt are attached hereto as
Exhibit "B" .
3. If a Return Receipt is not attached hereto, then service was by personal
service on the date specified on the attached Return of Service, attached
hereto as Exhibit "B".
4. If service was by Order of Court, then proof of compliance with said
Order is attached hereto as Exhibit "B".
All Notices were served within the time limits set forth by Pa Rule C.P.
3129.
This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Dated: January 29, 2002 ~ UDREN & ASSOCIATES
BY: ~
Mark J. Udren, Esquire
Attorney for Plaintiff
~ J. UDREN & ASSOCIATES ATTOP, NEY FOR PLAINTIFF
BY: Mark J. Udren, Esquire
AT~,f I.D. NO. 04302
1040 N. KIN~S HIGHWAY, SUITE 500
CRE~RY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. COURT OF COMMON PLEAS
Successors in Interest to CIVIL DIVISION
Bank United Cumberland County
9451 Corbin ave.
F~ilstop N010204
Northbris\dge, CA 91324 NO. 01-3257 Civil Term
Plaintiff
Jeffery E. Deitrick
a/k/a Jeffrey E. Derrick
Carol A. Deitrick
555 Browns Lane
Enola, PA 17025
Defendant(s)
DATE: January 21, 2002
TO: ALL PARTIES IN INTEREST A~D CLAINA~TS
NOTICE OF SHERIFF'S SALE
OWNER(S): Jeffrey E. Deitrick a/k/a Jeffrey E. Derrick a Carol A.
Deitrick
PROPERTY: 555 Browns Lane, Eno1&, PA 17025
Improvements: RESIDENTIAL DWELLIN~
The above captioned property is scheduled to be sold at the
~ County Sheriff's Sale on ~, at 10:00 A.M.,
at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle,
PA. Our records indicate that you may hold a mortgage or judgment
on the property which will be extinguished by the sale. You may
wish to attend the sale to protect your interests.
A Schedule of Distribution will be filed by the Sheriff on a date
specified by the Sheriff not later that 30 days after sale.
Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the
schedule.
EXHIBIT A
STATE OF PENNSYLVANIA,
COUNTY OF CUMBERLAND } ss.
Robert p Zlesler
................................................................ Recorder of
Deeds in and for mid County and State do'hereby certify that the Sheriff's Deed in which .............
Veterans A£fairs SecretaYy "-
.... ' = ~s the grantee
the Sa~ue, hiivJnE b~en soM tonld 5th
gnmtee on the ............................................... day of
.................. ~[=u=n=e .................. A. D., ..' 02
..... , under and by virtue of a writ ..............
gxecut:lon
............................................... iuued on the 16th
day of Nov 01
.......................... A.D., .... '~ °ut °/the Court d Comman Pleas d said County'as of
............ ~ 01
=: ................................................................... Term~ ~
3257 ......
~__t_ t/ashington Nut:ua]. Bank F A
~nmoer .............. ; at the suit of ............
................................. afalnst Je/~£rey E Deit:rick aka Jef£re E Detr/.ck &
-2s2 ..........
duly reeorded in Sheriff's Deed Book No. ............, ge .............
IN TESTIMONY WHEREOF, I have heL%-unto
set my hand and seal of said ofllce this _._=~.=. day
d ....... ~ ................ A.D., ~..~ o ~.
Washington Mutual Bank, F.A., In The Court of Common Pleas of
Successors in Interest To Bank United Cumberland County, Pennsylvania
VS Writ No. 2001-3257 Civil Term
.l'effrey E. Deitrick a/k/a .l'effrey E.
Derrick and Carol A. Deitrick
Harold Weary, Deputy Sheriff, who being duly swom according to law, states that
on November 21, 2001 at 6:32 o'clock p.m., EST, he served a true copy of the within
Real Estate Writ, Notice and Description, in the above entitled action, upon one of the
within named defendants, to wit: Jeffrey E. Deitrick a/k/a Jeffrey E. Detrick, by making
known unto Carol Deitrick, adult in charge, at 555 Browns Lane, Enola, Cumberland
County, Pennsylvania, its contents and at the same time handing to her personally the
said true and attested copy of the same.
Harold Weary, Deputy Sheriff, who being duly swom according to law, states that
on November 21, 2001 at 6:32 o'clock p.m., EST, he served a true copy ofthe within
Real Estate Writ, Notice and Description, in the above entitled action, upon one ofthe
within named defendants, to wit: Carol A. Deitrick, by making known unto Carol
Deitrick personally, at 555 Browns Lane, Enola, Cumberland County, Pennsylvania, its
contents and at the same time handing to her personally the said true and attested copy of
the same.
Richard Smith, Deputy Sheriff, who being duly sworn according to law, states
that on January 04, 2002 at 9:35 o'clock A.M., E.S.T., he posted a true copy ofthe within
Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of Jeffrey E. Deitriek alk/a Jeffrey E. Detrick and Carol A. Deitrick located at
555 Browns Lane, Enola, Pennsylvania, according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriffmailed a notice of'the pendency of the action to one of the within named
defendants to wit: Jeffrey E. Deitrick a/k/a Jeffrey E. Derrick., by regular mail to his last
known address of 555 Browns Lane, Enola, PA 17025. This letter was mailed under the
date of January 18, 2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law says he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriffmailed a notice of the pendency of the action to one of the within named
defendants to wit: Carol A. Deitrick, by regular mail to her last known address of 555
Browns Lane, Enola, PA 17025. This letter was mailed under the date of January 18,
2002 and never returned to the Sheriff's Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, says that after
due and legal notice had been given according to law, exposed the within described
premises at public venue or outcry at the Court House, Carlisle, Cumberland County,
Pennsylvania, on June 5'2002 at 10:00 o'clock A.M. He sold the same for the sum of
$1.00 to Attorney Mark Udren for The Secretary of Veteran Affairs, an Officer of the
United States of America, its successors and assigns. It being the highest bid and best
price received for the same, the Secretary of Veteran Affairs, an Officer of the United
States of America, its successors and assigns ors000 Wissahickon Ave. Philadelphia, PA
19144, being the buyer in this execution paid Sheriff R. Thomas Kline, the sum of
$1090.66, it being costs.
Sheriff's Costs:
Docketing $30.00
Poundage 21.33
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 30.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Service 19.50
Certified Mail .82
Levy 15.00
Surcharge 30.00
Postpone Sale 20.00
Law Journal 437.45
Patriot News 366.30
Share of Bills 24.20
Distribution of
Proceeds 25.00
Sheriff's Deed 29.50
$1090.60 paid by attorney
6/26/02
Sworn and subscribed to before me So Answers:
~ ' . Klinff, Sheriff
2002, A.D. ~
Real Estate Deputy
MARK J. UDP, EN & ASSOCIATES ATTORNEY FOR PLAINTIFF
BY~ Mark J. Udxen, Esquire
A'~-~'f I.D. NO. 04302
1040 N. KINGS ~IGHWAY, SUITE 500
CHERRY HILL, NJ 08034
856-482-6900
Washington Mutual Bank, F.A. : COU~T OF CO~ON PLEAS
Successors in Interest to ~ CIVIL DIVISION
Bank United : Cumberland County
9451 Corbin ave.
Mailstop N010204 i MORTGAGE FORECLOSURE
Northbris\dge, CA 91324 :
Plaintiff ~
: ;
V.
Jeffery E. Deitrick NO. 01-3257 Civil Term
a/k/a Jeffrey E. Derrick :
Carol A. Deitrick :
555 Browns Lane
:
Enola, PA 17025
:
Defendant(s) :
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, F.A. Successors in Interest to Bank United,
Plaintiff in the above a~tion, by its attorney, Mark J. Udren, ESQ., sets
forth as of the date the Praecipe for the Writ of Execution was filed the
following information concerning the real property located at: 555
Browns Lane, Enola, PA 17025
1. Name and address of Owner(s) or reputed Owner(s):
Name Address
Jeffery E. Deitrick 555 Browns Lane, Enola, PA 17025
A/k/a Jeffrey E. Derrick
Carol A. Deitrick 555 Browns Lane, Enola, PA 17025
2. Name and address of Defendant(s) in the judgment:
Name Address
SAME AS %1 ABOVE
3. Name and address of every judgment creditor whose judgment is a record
lien on the real property to be sold:
Name Address
NONE
~EAL ESTATE SALE No. 7-.'7
On November 20, 2001, the sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
known and numbered as 555 Browns Lane,
Enola, and more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: November 20, 2001 By:~t~ .~rv~
Real Estate Deputy
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. $87, approved May 16, 1929), P. L. 1784
STATE OF PENNSYLVANIA :
: SS.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, 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 $ournal, 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 25, FEBRUARY 1, 8, 2002
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law .l'oumal, 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
statements as to time, place and character of publication are true.
itt, AL ESTATE SALE NO. 27
Rotger M. Morgenthal, Editor
Writ No. 2001-32,57 Civil
Washington Mutual Bank. F.A..
Successors In Interest to SWORN TO AND SUBSCRIBED before me this
R~mk United 8 day of FEBR ARY 20 2
,Jeffrey E. Deltrtck a/k/a
Carol A. Deltrlck ~ .
Atty.: Mark J. Udren
ALL THAT CERTAIN piece or par. ! ~ U I~'~l,e~' S g.~l. // I
cci o£ land situate In the Township ..
of East Pennsboro. County of
Pennsylvania. bounded and de-
J
scribed as follows, to wit:
BEGINNING at a concrete monu-
merit on the eastern legal right of
way line of Greenmont Drive. at the
southwest corner of Lot No. 9 on
THE PATRIOT NEWS
THE SUNDAY 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 Asst. 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 _T~ and The
~ newspapers of general cimulation, 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 Mamh 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 regular daily and/or Sunday/ Metre editions which appeared on the 29th day(s) of January and the 5th and
12th day(s) of February 2002. 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 Dauphi~in Miscel~ 'M",
Volume 14, Page 317.
PUBLICATION ...........................................................................
COPY
SALE ,7 I
lay Corem,scion Ex;Ir~ ,June e. a(x~ I NO'I~R~/:~U aLIC
Me~t)e~, Fe~n.~¥~van,a Associetioo of Nofa~ commission expires June 6, 2002
Wdl I~,aoo14al/ CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
In CARLISLE, PA. 17013
Statement of AdvErtising Costs
md C~el~.l)ellgiek To THE PATRIOT-NEWS CO., Dr.
ix~ca~0~lNly:.lkftJ. Iklrss For publishing the notice or publication attached
Au. ~ Clml',~r Fk= er ~ ot laud hereto on the above stated dates $ 364.80
(~,1.. ~ ~ d' 8~ ~ Probating same Notary Fee(s) $ 1.50
- um~ m~ C~eam~ of , Total $ 366.30
Publisher's Receipt for Advertising Cost
The Patriot News Co., publisher of ~and tri t- w , newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.