HomeMy WebLinkAbout02-3941OPTION ONE MORTGAGE
CORPORATION,
PLAINTIFF
DIANE DeFRANK a/k/a DIANE D.
DeFRANK, JEFFREY DeFRANK,
MORTGAGOR,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 03-3941 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY, J.
ORDER OFCOURT
AND NOW, this 4th day of February, 2004, the motion of plaintiff Option One
Mortgage Corporation for summary judgment against Diane DeFrank a/k/a Diane D.
DeFrank and Jeffrey DeFrank, IS GRANTED. Judgment in foreclosure is entered in
favor of plaintiff in the amount of $365,606.61 together with additional interest and costs
as allowed by law to the date of sheriff's sale.
Edgar B. Bayley, J.
~-'l~ale F. Shughart, Jr., Esquire
,,~ark J. Udren, Esquire
For Plaintiff
v'l~obert D. Kodak, Esquire
For Defendants
:sal
o .os-dq
NO LIEN AGREEMENT
WHEREAS, an agreement was entered into between:
James A. Pittman 'CONTRACTOR' of 903 Big Spring Road, Shippensburg, PA 17257 and
Steven E. Dettling and Suzanne J.H. Dettling 'OWNERS' of 1 Brookview Drive, Newville, PA 17241
whereby the said contractor undertook and agreed to perform certain construction work and to provide
certain materials and perform certain work necessary to erect a dwelling for the price or sum of
$ 36,328.48 on owner's lot situated at 319 Shed Road, Newville, PA 17241.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH, That the said contractor for and in
consideration of the sum of One ($1.00) to him in hand paid by the said owners, the receipt whereof is
hereby acknowledged, and further consideration as agreed upon, for him, his sub-contractors and all parties
acting through or under him, by him, or any of them, against the said house of the owners situated as
above stated, and the plot of ground appurtenant thereto, for or on account of any work done or materials
furnished by him, or any of them, under said contract or otherwise, for towards, in or about the said
construction and work at the said house of the owners, and the said contractor for himself and his sub-
contractors, and others under him, hereby expressly waives and relinquishes the right to have, file or
maintain any mechanics' lien or claim against the said house and the plot of ground, and agrees that this
agreement waiving the right of lien shall be an independent contract.
IN WITNESS WHEREOF, the said contractor and the said owners have executed this agreement
August 13th, 2002
Witness:
~/Cont cto - Ja~es A~Pit{man
Contractor -
Contractor
Contractor
Contractor
Contractor
Contractor
COIVI~L~:~EALTH OF PENNSYLVANIA
~,~vv~er - Steven E. [~ett~
Owner~- Su~r~r~e J.-H"~ Dettling J
:
COUNTY OF C--;-;-~MBERLAND k ,! ~
.~~, ~I~ ,'~ ~~eing duly sworn according ,o law, depose
and say that the Tact~'~et ~orth above are tr¢~ and correct.
tSh iWsO r nl ,~c~Udb:~, r iol~e d ~e me
g:\docgen\connla.doc
Merrier, pe~nsy~la A~:~ot Notates
Commitment Number: 1073
SCHEDULE C
Legal Description
ALL that certain tract of land situate in Lower Mifflin Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by Eric L.
Diffenbaugh, RPLS dated February 16, 1998 and recorded in the Office of the Recorder of Deeds
for Cumberland County in Plan Book 77, Page 125, as follows, to wit:
BEGINNING at an existing iron pinon southern comer of Lot No. 10a as shown on plan
of record; thence along Lot No. 10A North 45 degrees 21 minutes 31 seconds East 504.89 feet to
an iron pin set; thence along lands now or formerly of Robert L. Allen South 46 degrees 59
minutes 03 seconds East 395.62 feet to a point; thence along lands now or formerly of Joseph M.
Boyer South 45 degrees 23 minutes 05 seconds West 409.30 feet to an existing iron pin; thence
along lands now or formerly of Kevin Reed, Earl E. Dunkleberger and Kimberly Matesky North
60 degrees 26 mintues 10 seconds West 410.61 feet to an existing iron pipe, the Place of
BEGINNINIG.
CONTAINING 4.1468 acres and Being Lot No. 10B on the Plan of Lots of John P.
Drawbaugh, Jr.
BEING the same premises which John P. Drawbaugh and Velva, his wife, by their
deed dated August 13, 2002, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Deed Book , Page _ , granted
and conveyed to Steven E. Dettling and Suzanne J.H. Dettl~ng, mortgagors herein.
STEWART TITLE