The URL can be used to link to this page

Home My WebLink About01-1879 FX " " '11iIllIllIf" ^ -., "'-"-'"'" ,'," ,-. ., ,,' .. ~1&.3!' .. .. FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) 'i6,-7000 ATTORNEY FOR PLAThITIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, P A 19044 TERM Plaintiff v, NO, 01 - /1'71 ClvT:IT a- CUMBERLAND COUNTY JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B, ZAMBERLAN III PUTNAM STREET SCOTT DEPOT, WV 25560 Defendant CTVIL ACTION - LAW COMPT ,A TNT TN MORTGAGIC FORRCT ,OSTJRR NOTWR **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 306373..j.68/KXM - ~;Mi~ ., 1 >~'~.~o;- .. , 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2, The name and last known address of the Defendant is: JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B, ZAMBERLAN 111 PUTNAM STREET SCOTT DEPOT, WV 25560 who is the real owner of the property hereinafter described, 3. On 11/03/92 mortgagor GEORGE B. ZAMBERLAN made, executed and delivered a mortgage upon the premises hereinafter described to FIRST BANK AND TRUST which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No. 1100, Page 782, By Assignment of Mortgage recorded 05/03/99, the mortgage was assigned to PLAlNTIFF which Assignment is recorded in Assignment of Mortgage Book No. 611, Page 609. 4, The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. ~=",='"-'" . , . L '.--llIii>..i.il.. .. . 6, The following amounts are due on the mortgage: Principal Balance Interest 10/01/00 through 02/01/01 (Per Diem $6,33) Attorney's Fees Cumulative Late Charges 11/03/92 to 02/01/0 I Cost of Suit and Title Search Subtotal $31,879.45 784.92 1,593.00 51.12 5.5lLOJl. $34,858.49 Escrow Credit Deficit Subtotal 482.51 lLilll 1>4R7 <;1 TOTAL $34,375.98 7, The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffs Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000,00. 9, This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied, 10, Mortgagor GEORGE ZAMBERLAN died on 10/27/00, leaving a Will dated 12/09/98, wherein he appointed JEFFREY L. ZAMBERLAN as his Executor. Letters Testamentary were granted to him on 11/27/00 in Cumberland County, No, 21-2000-981. Decedent's surviving sole devisee at law and next-of-kin is JEFFREY L. ZAMBERLAN, WHEREFORE, PLAINTIFF demands an in = Judgment against the Defendant( s) in the sum of $34,375,98, together with interest from 02/01/01 at the rate of $6.33 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. }~r~ I~I Fr::lnk Fp.rlp.m1::1n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff " , Li~'''''~'''',;,;""",_",- ~-~"~~ .. .All '" " ,'., "'d.. ....:..L~>" 'k: TH_4.T CERTAIN piece or parcel ot land~ situate in the Borough of Shiremanstown. Cu.mberland County~ Pennsyl.vania. mure particularly bounded and described as follows: BEGU',,~rNG at a PoUit v.rhich is the southeast corner of Lot No.3_\. on the hereinafter rrl~ntioned Plan of Lots: said pain: also being on the di~Jidi:ng line behve:en the sai.d Lot ::-Jo. 3A ap..ci certain COil1.mOn area appea.ring on said Plan; thence along said dividi.ng lir.e south seventy- eight (78) degrees thi::-ty-four (34) minutes wes:: twen:y-tl:ree and seventy hundredths (23.70) ,fG:et t.o a point at ot:ler common area .:lS shown on said Plan; thence continuing along the dividi.n;; lL"1e bet\Veen Lot 3.A, and said comn;on a.rea, north eleven (U) degrees rwenty-six (26) Ininutes west sixty-tw'o and si..-...:ty-seven hundredths (62~ 67) feet to.~ a point; thence along the same north seventy-eight (78) degrees thirty- [our (34) minutes east twenty-three and seventy hundredths (23.70) feet to a point at the di.viding line between Lots Nos. 3A and 3B on. said Plan; thence along said dividing line south eleven (11) degrees twenty- six (26) minutes east sixty-two and sixty-seven hundredths (62.67) feet to a point.. the place of BEGINN!NG. BEINe Lot No~ SA on the Plan of Section 1 of Shireman Garde!ls. which plan is recorded in Cumberland County in Plan Book 2G. Page .141. HAVING thereon erected a townhouse known and numbered as 155 West Vln,e Street. BEING the same premises which Kauffman Enterprises, Inc. I a Pennsylvania Corporation granted and oonveyed by their d.eed dated May 21, 1976 and recorded in the Office of the Recorder of Deeds of'- Cumberland County in Book P, Volume 26. Page 215 to the Granto::,s herein. UNDER and SUBJECT to a Declaration of Covenants and Easements dated November l~ 1974 and recorced in Cumberland Coun::y in Misc~ B.ook 211~ Page 878. Tp.e Grantees herein, their heirs and assigns shall have an easement for the continued maLntenarice of the party w:J.ll of the townh.i")use erect~d on the within described property to the extent that the same shall encroach upon the adjuoini~g Lot 3B. Similarly this conveyance is made subject to the rights of the owners of the townhouse erected on the adjoining Lot 3B to continue to maintai.~ the party wall to the extent that the same may encroach upon the premises herein descr.:.:,ed. il!1--0 -~ -',I~ ,j ~', ,"_. .', ,,,.~ --,."~ ". ",~ ~:' ; VERIFlC A TION SHIRlEY], EADS hereby states that she is FORECLOSL'RE SPECIALIST ofGMAC MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter. that she 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 her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Po, C.S, Sec, 4904 relating to unsworn falsification to authorities, it -~ tA/~ [)~ (J~ - DATE:~~~ ,~~~liimi~!lJ>~I~!i!Il~I,y@;.l>1ti1~!u;ilW<~'MilIiIIl~Q;ffi!9~~,h"~.$.!"",,'bi.MlJ,""'""".!lU'I,1;I\';'"tii4i,*~:1IiiIiliM.~1 r~ ......."'" C<:> ~'" ~~ 0<> ~'..::? \:; " 'oJ) ~ ;t,-.J, J -"~ ,,"c ,<_,'. ~..,,~ U. ~^~. ~ ~ , .". 'liH ~~~ ~ J. '""'~._~ ~.~." ~~.~r'\1 M" . , 10D ~~c~,' ~c:! ~'C) ~; $ o c ~ C; C) ,'-, :::: :n.. :::.1 "" (:J l';;::.~ .'-!;;'8 ~'T1 :J: "'-""':'c -'"iU ;~57f --_r') :'-:-)i'Tl ~ ~, -<: ~ :::> (X> ~ $ ~ , ~ :'\ d ~ ~ 9\ P ~ ~ ~ r . ", ','~" ~--Z_ -n':Jl'- : . .. SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-01879 P COMMONWEALTH OF PENNSYLVANIA .COUNTY OF CUMBERLAND GMAC MORTGAGE CORPORATION VS ZAMBERLAN JEFFREY L EX ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT ZAMBERLAN JEFFREY L EXECUTOR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , ZAMBERLAN JEFFREY L EXECUTOR HOUSE VACANT POST OFFICE ADVISED MOVED TO 111 PUT SCOTT DEPOT, WV 25560-9206 Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 R, Thomas Kl ine /' Sheriff of Cumberland County FEDERMAN AND PHELAN 04/19/2001 Sworn and subscribed to before me this d..'f+-" day of JlpiL ~ A:,' /~ ~mtotn~ CXJ17] ,11_~,. ~ >< , __1'_. I ~~ ,~ ,r . -:..~.,,-, <.";-ii1'i!l;l\l~5' ... FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (71 'i) 'ifil-7000 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 TERM Plaintiff v, NO. 01- I !?7'1 ~ IJ.-. CUMBERLAND COUNTY JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN III PUTNAM STREET SCOTT DEPOT, WV 25560 Defendant CIVIl, ACTION - I ,A W COMPI ,A INT TN MORTr.Ar.F FORFCT ,OSTJRF NOTICF **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, certify the 'We herebY e. true and within to be ot toe co~r~c\~~~~ ot rec!>~~LA, N englna "'AN AND Pn " FE-DERlv. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 Loan #: 306373..j.68/KXM 'r RUE COPY FROM F~ECCRO '11 Testimony wnereof, ! here lmlo set my hanc .\d tile seal of said Court at c'm1is!e. Pi!, Ihis 3/Jct;~ ~.~:~'.:;;/ Prothonotary r~-~" ,. " .. ,_.hl.~,. <" ....~"~~. ,,~ """"""""'"""<!@"", ... 1. Plaintiff is GMAC MORTGAGE CORPORATION 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044 2, The name and last known address of the Defendant is: JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN III PUTNAM STREET SCOTT DEPOT, WV 25560 who is the real owner of the property hereinafter described. 3, On 11103/92 mortgagor GEORGE B, ZAMBERLAN made, executed and delivered a mortgage upon the premises hereinafter described to FIRST BANK AND TRUST which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book No, 1100, Page 782, By Assignment of Mortgage recorded 05/03/99, the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 611, Page 609. 4. The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11101/00 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith, ,--'. ~~ , ~ ".'L",-, L,_ :J.~_,,~, 6. The following amounts are due on the mortgage: Principal Balance Interest 10/0 1/00 through 02/01/0 I (Per Diem $6.33) Attorney's Fees Cumulative Late Charges 11/03/92 to 02/01/0 I Cost of Suit and Title Search Subtotal $31,879.45 784,92 1,593,00 51.12 5.5.O..ilil $34,858.49 Escrow Credit Deficit Subtotal 482.51 fLllil $4R? ';, TOTAL 534,375,98 7. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged, 8, This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00, 9, This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10, Mortgagor GEORGE ZAMBERLAN died on 10/27/00, leaving a Will dated 12/09/98, wherein he appointed JEFFREY L. ZAMBERLAN as his Executor. Letters Testamentary were granted to him on 11/27/00 in Cumberland County, No, 21-2000-981. Decedent's surviving sole devisee at law and next-of-kin is JEFFREY L. ZAMBERLAN, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $34,375.98, together with interest from 02/01/01 at the rate of$6.33 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, }McJc~fJ,-~ I~I Fnmk Fpcip.n11~n FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff -ii'~= All "~ ,~.~, "'-'~:'~*""", TEAT CE:RT_';'!N piec~ 0;;- parcel of la.."'lcl. si::L:.at~ in :.ile 30:0:.:.gh of S:-:.1.re:-nanstown. C;;.=::berla.nd County, Penns:/iyania. n:.:.re par~icula.;".Ly bot.:.nced <l.:ld desc.l'ibeo.:. as follo'us; BSGr:\'-:;';I::-~G 3.t a ~o~~r. wh~c~ is ~':-.\i! s:ot.:.~hea,;::' cor-ne:- 0:' L.)~ :--io. :L\. or: t~""e h~;:-,~in2L:t~.:.- =.er:.::.ionec ?:...;,. of Lots: $.:J.~,j ,?OL::': .3.1.30 OC':"'''1g "::'::0 the d~~.'i.(~U1;; li::A oe:;-N'~er.. th~ :';a~d Lot :-;0. 3..:1" c.r..c.i '::er-~.a:;. c:o~:.~.c>n .'l.:-ea. a?pe=.r..ng on said P:a:1; :;;:~ence ...long said divi<.ii;:".~ :1..-_"" i;ct;::. seve:-.;::.'- eight (78) degrees thl.r:::"--~-oi..lr (3";) :n.L....t.:.tes wes;: :;'\\'e:::':"'-':..':.::'ee a::.d seventy hundredt..'is (23.70) ':0:.:(:::' too a ;;oi::.t a~ ocl:.er CO.:T'.::l.Or. a..:-ea :;.;; s;'own on said Pia:':; :.:-:ence cc.....tinuing :::..:'ong t::.e ciL?ic:ii.::; :L~.e bet"....een Let 3..'\ a::c.: said .:cm:-::on a:e3.. ::'02:"::'(:. el0veI~ \1':') deg;;ee.:::; :;-.v2....-:::..-::ii.:..:: (26) :"':1inutes wes~ s.i..;:::.y-:v.ro ~:H.l Sl;.;:-::j'-seven (:,u;"'.dro;:c~l:..3 (62. .37) :'ee~ to. a ?oL.~t; thence along ~he 3<71.=:-:.0::: r'.o.:-th sev~nt-/-eig::t (73: deg::-ees th~;;ty- four (34:> :ninutes eD.s': t".venty-~hree a:ld seven::: ::u::.d::-edt:h$ \::3.70, feet to a point at :.:..he di.v~di.ng line b€t""Neen Lots ;:.Jos. 3";' an': 3B on":::;::l.~d Plan; thence along said dividing line south eleven (1':') deg::-e..:.!$ t'Wer.ty- six (26) minu.tes east si...xty-cwo anc sbct.:y-seven hundredths (6.2. 57) t~et to a point.. ~e place of BEGC'..~'Z:-;G. BEING LoT; :-Jo. 3..:'\ on the P:an of Section 1 of Shir.;!man Ga~ce!1.s. which plan is recorded Ln Cumbe:dand Count:;. :.n p~an Sock ::;'::;, Pag~ 141. HA VlliG 'thereon erec';ed a town.'I-]ouse ~nov.rn and nt.:mbe.:-ed as 155 West Vine St:-~et. BEING the same premises which. K3.u!~ma....,. Ente!"prI.'ses. me.. a Pennsylvania Corporation grant.ed and conveyed by their dee=i dat~d May 21. 19713 and recorded ~n the Cfftce of the Recorder of .:)eeo:is of- Cumberland Count.y in Book P, Vol'.1U"l.e Z5, Page 215 to t.."-e C;:",3.:'"J.:'o=,s herein. UNDER and SUB...'ECT to a D~clar3.t.:.on of Covenants and Easemer.t:3 dated NoV"~rnbe=- L 197-! and record....ct in Cumberland Coun~ :"''1. Misc. Book 211, Page 878, The Grantees hereL'1., thei..r :~eirs and assigns shall have an ~asem.;n.t for the continued ma:"'''l:en8.nce or t,:"e pa'::"ty W:3.!.! of ~he toWn..1j,0~se erected on the wi:hL"l descrLbed prope:-ty '::0 the extent that ':...~e sa~e shall encroach upon the adjuo~ning Lot 38, Simila:r-!.y this <':onveY::l.~ee ':'5 made subjec: to ._'1.e r~g!-.':s oi t..~c oWn~r::! c~ ':.::<: ~OW.r..:--.OL:se e.:-.;-::~e:: C:1. t~e adjoi:":.i-....~g Lot 3.3 t.c con:!.:1.ue ':.0 r::.ai...'1.~<=.:~ ~:--,e par':.y w:=..!.l :0 ,::'---.~ ex:.en: tnat the sa:Y'_'~ :n.3.y enc!.-oac." '-lpcn ~ho::' p"~r'.'"',Lses he:;:"~~ d\:'::;c,!":":J~c. ,.1 .~,,~~ --..- > , VERIFICA TION SHIRLEY J. EADS hereby states that she is FORECLOSL'RE SPECIALIST ot'G'vL.\C MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter. that she is authorized to take this Verification, and thar the statements made in the foregoing Civil .-\ction in \[ortgag~ Foreclosure are true and correct to the best of her knowledge. infonnation and belief The undersigned understands thut this statement is mi1ue subjc;;r to the penalties of IS P:l. C.S. Sec. 490..+ relating co unsWOrn falsification to authorities. iL0f/~ DATE: 3/~(cr-1 ""'~i~,", ""J ."1~~,:~"') :.\.... "'~ "~l1'l~;'l!iiil!,(~",4~'::.H,*,.6i"';f!"'~(";';ilm,!~tiilil.l>%'\\1~Iill!a"';Ui!'{c",'YoiliW:'~",%"J1",,,,"~,,,;,",,,,i='!1'~.i',,,_~~~WIlI~~~K~j~~~*'lll"Pl;'I'll\~~:ll!SiIi~U - ~ ~ ~i ~'I @:f' \'''1d c: \\ \;"'" t, "\ }~ .) _ .~: i\ .."~ ". ' ".,'" ',' '.."" '\ \ .. ". 1\ ;g, -(,-:." \\t \~" , \ \\\\ t, . r\~ \~\ 't\,:'\.,,\\}~~\,~ll , () cv," .I.\) ;.,1 \\\\'" ,~y\" ~ },\;,,~\\S. ~~\" ~ 4".,),,1i!!l~~,,]:qt..-,,;L._~'JLJ ~~~, _ ~..' <"'.'''"'''~''''~.'~' -' M . , " _,,'''' .,_, "",". """.."'".. .'.. " t.:!U, l::::-..~' ~'I ~ ~ @t) ~ J!ilitjcl!L~, , GMAC MORTGAGE CORPORATION, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN, DECEASED, Defendant. : NO. 01-1879 CIVIL TERM : Jury Trial Demanded ANSWER AND NOW COMES the Defendant, JEFFREY L. ZAMBERLAN, EXECUTOR OF THE ESTATE OF GEORGE G. ZAMBERLAN, DECEASED, and avers the following in support of the Answer herein: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Jeffrey L. Zamberlan is the Executor of the Estate of George B. Zamberlan, Deceased and that Jeffrey L. Zamberlan's current residence is 111 Putnam Street, Scott Depot, West Virginia. It is denied, however, that Jeffrey L. Zamberlan in his individual capacity is the "real owner" of the property described in the complaint. 3. Admitted. 4. Admitted. 5. Denied. The mortgage is not in default because of the lack of monthly payments by the Estate. Rather, the Plaintiff has wrongfully and repeatedly refused to accept lawful and legal tender of the monthly payments of the mortgage and Plaintiffs legal counsel has refused to return telephone calls placed to it concerning the Plaintiffs wrongful refusal to accept payment of the outstanding mortgage and has therefore engaged in a practice so as to manipulate the proceedings thus filed and as such, Plaintiff has engaged in wrongfully and legally indefensible actions concerning this matter. II .~.E;<<I~~' - ",,'hi' i 6. Denied. Defendant is without any information or knowledge concerning the enumerated amounts claimed by the Plaintiff. The amounts stated are therefore disputed and unsubstantiated and are denied as it relates to any legal entitlement to Plaintiff concerning attorney fees. 7. Denied. It is denied that Plaintiff is entitled to any attorney fees due to the wrongful conduct of the Plaintiff as stated supra. Further is it denied that Plaintiff is entitled to reasonable attorney fees. 8. Denied. Defendant is without any information and belief concerning this allegation and, further, to the extent this is a statement oflaw, no response is required and it is therefore denied with strict proof of same demanded. 9. Denied. The owner of the property died on October 27, 2000; however, the Estate has had possession and occupation of the property since the date of appointment of the Executor. Further, to the extent this is a statement of law, no response is required and it is therefore denied with strict proof of same demanded. 10. Admitted in part and Denied in part. It is admitted that the Mortgagor, George B. Zamberlan died on October 27, 2000 and that the Mortgagor's Last Will, dated December 9, 1998, was duly probated and Jeffrey L. Zamberlan was appointed executor with Letters Testamentary granted on November 17, 2000 from the Cumberland County Register of Wills. It is denied, however, that Jeffrey L. Zamberlan is the sole next-of-kin. u I _.~'" WHEREFORE, Defendant respectfully requests that Plaintiffs complaint be denied and dismissed with prejudice. Respectfully submitted: COYNE & COYNE, P.C. Date: ;i';:( m7~ II Lisa Marie Co , Esquire 390 I Market Street CampHill,PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant ~~ > VERIFICATION ~ <.. . The facts set forth in the foregoing are true and correct to the best of the undersigned's lmowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A.. ~ 4904. Dated: 2-/ /Y1' 1..-'< I r;~$~~ C'~4>'~ ('. _0 ~~ ~,"" ~..t."'H' - . , I CERTIFICATE OF SERVICE " , , -,~ J, -<'.'rwJ.i",,- I, Lisa Marie Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of Defendant's Answer was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Frank Federman, Esquire Federman & Phelan, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 COYNE & COYNE, P.C. Dated: ;?/ ~ :kJp;/ -z. Marie Coyne, Esq 390 I Market Street / Camp Hill, PA 17011-4227 (717) 737-0464 ""<" , 't ~. "'-_f '\" ~C.'~'.".~'J ~_.~,- . '1!iil~~lOOii:;ll;.!;!i4"""X,"",:l"1;I"."kJ!!3~.&,.."l1iJkm.\ij.:i>i<d;ac,,,,<i''''''A'''';r.;~,';;,"~f~;;\i1V,*J~<&~iIii'lOli~!liilmt:I_",~....~-~"~' ~ ~L JJ FJU.~L . ~J.I[_. .',,'_" J -, ,,~ , .. >;j(~ilIIilllIIl!llJMillli' '~:L , () c:) (~-, (' -:e,. ~n -C f;. -,. -, rn ~~ -~'... .. .~:-::. t ;"'J " .Tl en c.) .-, -<~: '- ~:::-; C~_' ....;." -' ::'~b ....:;./ ~~j . +i (-') ~ c:' m :=..; :..:J Z~ -< (..:J ~' -< 11 =._~~. ~-- 'i ( ~ " 1-- fu'~A""''''iM 'I~~~. ' ,.~ L.c -.M~ AFFIDAVIT OF SERVICE - CUMBERLAND (FHLMC) PLAINTIFF GMAC MORTGAGE CORPORATION CIVIL NO. 01-1879 DEFENDANT JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN 111 PUTNAM STREET SCOTT DEPOT, WV 25560 SERVED L, 247r!./; t"4( &-tV , 2001, at -t" manner described be ow: Served and made know,n~~1 Defendant on the It'da of _ o'clockS-e:::.'pM;, at z,. ':fi,* I//f,t. ,/,-,,/1- , i ty in the ~ Defend t personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) residers) Agent or person in charge of Defendant's office or usual place of business. SERVE AT: TYPE OF ACTION ~ Mortgage Foreclosure ~ Civil Action if- company. Other: I,8~~1<. r#A~competent adult, being law, depose and st te that I persona y pa a true and c rrect copy of the "f/'[.. ~ <tAt issued in the captioned case on the date and at the addr above. Sworn to and subs~bed Bef"!!?o/e m is ~, day Of , 2001. Notary: On the .M. , and officer of said defendant t'Z~~d ",U~Q,(e. ndicated Oy'<?~~ NOT SERVED , 2001, at o'clock day of Defendant NOT FOUND because: Moved Unknown No Answer Vacant Other: e OFFICIAL SEAl. NOTARY PBblC STAn 0 VI!l&ltiill~ NANCY J I'M!,!;V . . L . E ._",. ~1JH,.lW M'ff My~."_~!lIct",!II9!i ."c,.~". By: ATTORNEY OF PLAINTIFF FRANK FEDERMAN, ESQUIRE - I.D.#12248 Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103-1799 (215)563-7000 ., r ..~ :.:> /J1;( If' ~.". ~1liii.lih_Mlli~~i"iJ;@"~l!1'ilid!Ji;t~"'lJi>>i.J,,,,;'\[:~.,""lliJJ,,"ii'",'.",,;;A:,,~"'il':i";;L"''''';im~;;!.",-~&iI~\lj~.~~~mdU ~ --. d" p ~I " .""itih_ ) I (') 0 C 0 -olE '- '" c::: ;--j f2m ~L-r Z=O :z tl-;.-1] &~ I r- :g.l1{. ~.u"-- 0' ~O " ",.,0 ~g ~"T. :x 0:U N 7(') Z - Om =< C ~ to -< "" ~" -<.1 , . '-'- ;"" ".1 -< --, "-"1, FEDERMAN AND PHELAN By: Frank Federman, Esquire Atty. I.D. No.: 12248 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff GMAC MORTGAGE CORPORATION Plaintiff Court of Common Pleas CUMBERLAND County No. 01-1879 CIVIL TERM vs. JEFFREY L. ZAMBERLAN, EXECUTOR AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN Defendant(s) PRAECIPE TO WITHDRAW COMPLAINT, WITHOUT PREJUDICE. SETTLE AND DISCONTINUE AND END TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the instant matter, without prejudice, settle and mark this case discontinued and ended, upon payment of your costs only. '1//2-1 ()/ Date 4.M/xJ...J4~~ Frank Federman Attorney for Plaintiff "'": .:.,-, '. . ~);~~~iIl#:'4b'*"_~'~II!';1'2'~lii*.Q,~Wli;&""'i'li,;j,'Y,,,,;;,",H1'~'~oiil!lli'J;~fu.W0i!I~~~,:!idliia ..; ~'~";;'~"i!i:ibI""~"~ ~~i~.M~miJ1li ~"~"lAlt .~ =.ILU.f"fIlm! w"".""_~,~_"M, ".~_ ,~^w~~", ."J ~ ^ .., ~ ~ ,,"' . ..,"". . () 0 0 C " <'" rj) ._J -U['.~ c:1 [l)i~': v ~ :r== ","._:::;:1 ",r;: Zr- '_>jl~; (ndc: -' i~{~ W<L ~G -0 'g~ >0 :x: Zo ~ ':::;'-;:rn )>C ~_! --J Z -,..,. C> :P =< -< Ii'