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HomeMy WebLinkAbout04-0732 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE II EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, vs. : NO: 04. 73)" CNIL ACTION - LAW CNIL TERM MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant JURY TRIAL DEMANDED 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 a 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 Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 ,BRENNEMAN & SPARE, p,c. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I! EARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. MANUFACTURERS AND TRADERS TRUST COMPANY, NO: 04 - "7::3 J- CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, comes the Plaintiff by his attorneys, Snelbaker, Brenneman & Spare, P,c., and avers the following causes of action: INTRODUCTORY FACTS COMMON TO ALL COUNTS I, The Plaintiff herein is Earnest F. Zimmerman, an adult individual, who resides at 623 Williams Grove Road, Mechanicsburg (Upper Allen Township), Cumberland County, Pennsylvania 17055. 2, The Defendant herein is Manufacturers and Traders Trust Company, a corporation which does business in the Commonwealth of Pennsylvania and maintains a place of business at 1 West High Street, Borough of Carlisle, Cumberland County, Pennsylvania 17013, 3. From time to time and as more specifically indicated hereinbelow, Plaintiff and his former wife, namely, Kelly J. Zimmerman, borrowed money from Farmers Trust Company and Financial Trust Company, the former having merged or otherwise becoming known as the latter, both of which where acquired by Defendant by various assimilations, As the result of said assimilations, Defendant became the owner of the mortgages hereinafter specifically identified, 4, Plaintiff and Kelly J. Zimmerman were divorced by decree of this Court dated January II, 2000, docketed to No, 99.5804, whereupon Plaintiff became solely responsible for the obligations mentioned in paragraph 3 and as more specifically identified hereinbelow, LAW OFFICES SNELSAKER. BRENNEMAN & SPARE II COUNT I 5. The averments contained in paragraphs 1 through 4 hereinabove are incorporated herein by reference thereto as though fully repeated herein, 6. Plaintiff and his former wife were the owners ofthe residential real estate known and numbered as 623 Williams Grove Road in the Township of Upper Allen, Cumberland County, Pennsylvania (hereinafter called "Williams Grove Road Property"), to which Plaintiff has succeeded as sole owner. 7. On or about May 12,1994, Plaintiff (and his former wife) entered into a mortgage-secured line-of-credit loan with Farmers Trust Company in the maximum amount of $70,000 (hereinafter called "Loan #1 "), which loan was secured by a mortgage lien on the Williams Grove Road Property, which mortgage was recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Mortgage Book 1212, Page 128, et seq, (hereinafter called "Mortgage # 1). 8. On or about March 18, 1996, Plaintiff (and his former wife) refinanced Loan #1 via another mortgage-secured line-of-credit loan with Financial Trust Company (successor to Farmers Trust Company) in the maximum amount of $1 00,000 (hereinafter called "Loan #2"), secured by a mortgage lien on the Williams Grove Road Property, which mortgage was recorded in said Cumberland County Recorder's Office in Mortgage Book 1310, Page 573, et seq, (hereinafter called "Mortgage #2"). 9. It was at Plaintiffs request and with his agreement and understanding that a portion of the proceeds of Loan #2 were to be used to pay.off Loan #1 in full, said payoff to include the cost of satisfying Mortgage # I. 10. Financial Trust Company made all arrangements for closing the loan at its office, 2 LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE II 11. In accordance with Financial Trust Company's arrangements, Plaintiff (and his former wife) settled and closed Loan #2 on the assurance of Financial Trust Company that Mortgage #1 would be satisfied on the records of Cumberland County, Pennsylvania, and that the Williams Grove Road Property described in said mortgage would be freed and discharged from the obligation of Loan #1 and the lien of Mortgage #1. 12, In the course of considering the refinancing of Loan #2, Plaintiff discovered that Mortgage #1 was not satisfied as anticipated, 13. Plaintiff orally requested Defendant to satisfy said mortgage, which it failed to do, 14. On or about January 29,2003, Plaintiff hand-delivered written notice of his request for satisfaction to Defendant's office at 6560 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, and tendered the required satisfaction fee by his check, a true copy of said notice (with check) being attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 15. Defendant failed to satisfy Mortgage #1 after receiving the notice request as averred in paragraph 14 hereinabove. 16. On March 12, 2003, Plaintiff (via his attorney) again notified Defendant of the need to have Mortgage #1 satisfied, said notice being sent by certified mail, which notice was received by Defendant on March 13 and 14, 2003, true copies of said notice and the certified mail receipts for sending and receiving being attached hereto marked "Exhibit B" and incorporated herein by reference thereto, 17. A final communication demanding such satisfaction was sent to Defendant via regular first-class mail by Plaintiffs attorney on October 23,2003, a true copy of said notice being attached hereto marked "Exhibit C" and incorporated herein by reference thereto, 3 LAW OFFICES SNElBAKER. BRENNEMAN & SPARE II 18. Despite Plaintiffs efforts aforesaid, Defendant has failed and refused to satisfy Mortgage #1, which failure is a violation ofthe Pennsylvania statute of December 9,2002, P.L. 1530, No, 197 (21 P.S. ~ 721-1, et seq.) known as the "Mortgage Satisfaction Act", 19. Because of Defendant's failure and violation as averred above, Plaintiff is suffering losses and damages, which are continuing in nature, including, but not limited to, attorneys' fees and costs, inconvenience, humiliation, embarrassment, distress and impairment of credit reputation. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant to (a) cause Mortgage #1 to be satisfied forthwith, and (b) impose penalty, damages and attorneys' fees pursuant to the Mortgage Satisfaction Act (21 P.s. ~ 721-1, et seq.), with interest and the costs ofthis action. COUNT II 20. The averments contained in paragraphs I through 4 hereinabove are incorporated herein by reference thereto as though fully repeated herein. 21. At all times relevant hereto, Plaintiff(and his former wife) were the owners of the residential rental real estate known and numbered as 919-921 Spring Circle in the Township of Monroe, Cumberland County, Pennsylvania (hereinafter called "Spring Circle Property"), to which Plaintiff has succeeded as sole owner. 22. On or about September 18, 1998, Plaintiff (and his former wife) entered into a mortgage-secured line-of-credit loan with Financial Trust Company in the maximum amount of $104,000 (hereinafter called "Loan #3"), which loan was secured by a mortgage lien on the Spring Circle Property, which mortgage was recorded in the Recorder of Deeds Office aforementioned in Mortgage Book 1483, Page 639, et seq. (hereinafter called "Mortgage #3"), 4 LAW OFFICES SNELBAKER. BRENNEMAN B: SPARE II 23. On or about October 21,2002, Plaintiff paid to Defendant the sum of$93,993.98, being the sum required by Defendant to payoff Loan #3, which amount Plaintiff understood included the principal sum, interest accrued to date of payment and the recording fee to effect the satisfaction of record of the lien of Mortgage #3. 24. Subsequent to the payment averred in paragraph 23 hereinabove and in the course of searching the record in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, Plaintiff discovered that Mortgage #3 was not satisfied as anticipated 25, Plaintiff orally requested Defendant to satisfy said mortgage, which it failed to do, 26, On or about January 29,2002, Plaintiff hand-delivered written notice of his request for satisfaction to Defendant's office at 6560 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania and tendered the required satisfaction fee by his check, a true copy of said notice (with check) being attached hereto marked "Exhibit A" and incorporated herein by reference thereto, 27. Defendant failed to satisfy Mortgage #3 after receiving the notice request as averred in paragraph 14 hereinabove, 28, On March 12,2003, Plaintiff (via his attorney) again notified Defendant of the need to have Mortgage #3 satisfied, said notice being sent by certified mail, which notice was received by Defendant on March 13 and 14,2003, true copies of said notice and the certified mail receipts for sending and receiving being attached hereto marked "Exhibit D" and incorporated herein by reference thereto, 29. A final communication demanding such satisfaction was sent to Defendant via regular first-class mail by Plaintiffs attorney on October 23,2003, a true copy of said notice being attached hereto marked "Exhibit C" and incorporated herein by reference thereto, 5 LAW OFFICES SNELSAKER. BRENNEMAN Be SPARE /I \1 30. Despite Plaintiffs efforts aforesaid, Defendant has failed and refused to satisfy Mortgage #3, which failure is a violation of the Pennsylvania statute of December 9, 2002, P.L. 1530, No. 197 (21 P.S, S 721-1, et seq.) known as the Mortgage Satisfaction Act 31. Because of Defendant's failure and violation as averred above, Plaintiff is suffering losses and damages, which are continuing in nature, including, but not limited to, attorneys' fees and costs, inconvenience, humiliation, embarrassment, distress and impainnent of credit reputation. WHEREFORE, Plaintiff requests your Honorable Court to enter judgment against Defendant to (a) cause Mortgage #3 to be satisfied forthwith, and (b) impose penalty, damages and attorneys' fees pursuant to the Mortgage Satisfaction Act (21 P.S, S 721-1, et seq,), with interest and the costs ofthis action. SNELB RENNEMAN & SPARE, p,c. By: ~ , hard C. Snelbaker, Esquire 44 West Main Street P,O, Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 6 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE II VERIFICATION I, EARNEST F. ZIMMERMAN, Plaintiff in the foregoing Complaint, do hereby verify that the facts set forth in said Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements in said Complaint are subject to the penalties of 18 Pa, C.S, S 4904 relating to unsworn statements to authorities. U~', Eakzimmerman (Plaintiff) Date: February / 'J ,2004 EarnestF.ZUnxnennan 110 E. Allen St. Mechanicsburg, PA 17055 717-697-3528 M&TBank 6560 Carlisle Pike Mechanicsburg, PAl 7050 Gentlemen: In researching the titles to my several parcels of real estate in Cumberland County, Pennsylvania, I have discovered the following paid but unsatisfied mortgages at the Cumberland Count Court House: Place of Recording Date of Mortgage Mortgage Original Amount Book Page 4/15/94 Fanners Trust Co. $100,000 1207 - 214 5/12/94 Fanners Trust Co. $70,000 1212 - 128 9/18/99 Financial Trust Co. $104,000 1483 - 639 Since I have paid all amounts due on these mortgages, I request that they be satisfied forthwith. Enclosed is my check payable to your order in the amount of $81.00 to cover the Recorder's fees to effect said satisfactions at the rate of $27.00 per mortgage. Very truly yours, CJ~~ Earnest F. Zimmerman EARNEST F ZIMMERMAN 623 WILUAMS GROVE RO MECHANICSBURG PA 17055 DATE 1/2 q 405 60-622412313 PAY TO THE ORDER OF gC.V\// I $ :~c1:L~~:~'C,: EXHIBIT A M+T Me~~~b;r ()~/kd DOlLARSffi~.~1 :::-:..~ caSON UNION II I ,;7.:::':, ",: liB W ,. IBBc;:,:{luu~,-, ..u,""" i SNELBAKER. BRENNEMAN 8 SPARE ^ PROFESSIONAL CORPOl(ATION AITORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 P. O. BOX 3J8 FACSIMILE (7L7) 697-7681 RlCHARD C SNELBAKER KEITH O. BRENNEMAN PHILIP H SPARE M&TBank Manufacturers and Traders Trust Company 6560 Carlisle Pike Mechanicsburg, PAl 7050 717-697-8528 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 1004 RETURN RECEIPT REQUESTED M & T Bank P.O. Box 1319 Buffalo, NY 14240-1319 VIA CERTlFIED MAIL NO: 7000 1670 0008 5047 0991 RETURN RECEIPT REQUESTED NOTICE TO RECORD MORTGAGE SATISFACTION PIECE TO AVOID PENALTY Date of Notice: March 12,2003 To the Mortgagee named below: The party issuing this notice believes that the mortgagee of the mortgage described below has received full satisfaction and payment of all amounts secured by the mortgage, including any applicable satisfaction fee, and that, where applicable, the mortgagee has been instructed in writing, effective as of the date and time of receipt of the mortgage payoff figure, to close and decline any further advances on any open line of credit which was secured by the affected mortgage. The party issuing this notice hereby requests that the mortgagee issue and present for recording a satisfaction piece concerning the mortgage or provide a satisfactory reason why the mortgage should not be satisfied to the party issuing this notice. If you do not comply with this notice, you may be liable for penalties and costs in accordance with the act of December 9, 2002 (p.L. 1530, No. 197), known as the Mortgage Satisfaction Act, or the party issuing this notice may be able to satisfy the mortgage without your consent. Names of Mortgagors: Earnest F. Zimmerman and Kelly J. Zimmerman Name of Mortgagee: Farmer's Trust Company (now: M & T Bank) Name of Assignee: None Date of Mortgage: May 12,1994 . Amount of Mortgage: $70,000.00 Recorded in Cumberland County, Pennsylvania, in Mortgage Book 1212, Page 128 Brief Description of Premises Covered by Mortgage: Residential premises located in Upper Allen Township, CwnberIand County, Pennsylvania, known as 623 Williams Grove Road, Mechanicsburg, P A 17055 Mortgage Loan Number: Account Nwnber: 000020210740005 EXHIBIT B SNELBAKE,R. BRj::NNEMAN (1 SPARE M & T Bank March 12,2003 Page Two - Notice Name of Party Presenting this Notice: Richard C. Snelbaker, Esquire Snelbaker, Brenneman & Spare, P.C. Attorney for Mortgagors Address of Party Presenting this Notice: 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 Telephone Number of Party Presenting this Notice: (717) 697-8528 By: EXHIBIT B ~..-- d C. Snelbaker, Esquire 1.'" Article Addressed to: C. Signature X RUFUS GaR M & T BANK P.O. Box 1319 Buffalo, NY 14240-1319 3. Service Type 10 Certified Mail 0 Express Mail o RegIstered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service labeQ PS Form 3811, July 1999 DomestiC Return Receipt (! 102595.00-M.0952 r'l IT' IT' CI ~~~~: R.-~ ~,j?<P itm"k '" '%,'~ (/') NHere J, o _ '" 'i S !2 '~O.:i , $4.42 ~ . ~ T...' P...... · F_. 1 :::....:;;.;:\ii9m;...J ::5 "c;i';"St,ie:ZiPjfuIfaT(j';"'NY""llii40': 13 9 .... Postage $ .37 2,30 1. 7S .... ~ CI U1 Certified Fee ." CI CI CI Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement ReQuired) EXHIBIT B 1 ,;~ ---_._~.,- . ~:::III.]:t="fl.'I'J':J..l.':I""'~;f"fl'~ ....I..':II.....'..'1.,1'.'J,....J I . Camplete items 1, 2, and 3, Also complete" EOCeiVed ~-1J1nt item 4 If Restricted Delivery Is desired. ~ . Print your name and address on -the reverse C Ig , . so that we can return the card to you. . t . Attach this card to the back of the mallpiece, X or on the front if space permits. 1. Article Addressed to; B. oat5~-;-ry o Age<1\' (J Addres~~ DYes DNo M&TBank Manufacturers and Traders Trust Company 6560 Carlisle Pike jMechanicsburg. PA 17050 3,~~ce1YPe B Certifled Mall D Express Maii o Registered 0 Retum Receipt for Merchandise o lnaured Mall 0 C.O,D. 4.ReslrIcIed Delivery? (Bdra Fee) D y.. 1000 '''i, 15],:Y,'li%G,-5047 ,1004 Domestic Return Receipt 102595.OQ-M.OSS2 ! .2,.Artlc1e Number (Copy ~,,!,,,/ce IebeQ PS Form 3811, July 1999 =r o o r" OFFICLAL r- ;:r o lJ1 postage $ ,'>.7 2.30 1. 75 Certified Fee cO o o o Return Receipt Fee (endorsement Aeql.i-lred) Restricted DeFivery,Fee (EndOrSement ReqlJlred) Total postage & Fees $ o r- ~ ~~~llag t~r~J~~,~':.d...~.J:~<;l,~!'."..:r,~l1."t:...c:{}l!l!'".tty Cl -stree"fA;'-("fio.;.or-Po't'i5'8o Carlisle Pike o h'..h.....hzhph.4.....MeChau'i:c"'bu'rg';.hf'I\:...+7fl5fl..hhh"h 0: City,Sfate, l-t r- -".'" _''"~''-. '_."~U'I"f1" EXHIBIT B SNELBAKER, BRENNEMAN <9 SPARE A PR.OFESSIONAL CORPORATION ATTORNEYS AT L'\W 44 WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KErTl-I O. BRENNEMAN PHILIP H. SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 October 22, 2003 M&T Bank ATTENTION: Marc 6560 Carlisle Pike Mechanicsburg, P A 17050 Re: Earnest F. Zimmerman Dear Sir: For several months, your customer and our client, Earnest Zimmerman and I have attempted to clear his real estate from paid-off mortgage liens held by your Bank. On March 12, 2003, we sent the formal notices as a prelude to commencing suit for damages, but have held up doing so on the belief that your Bank was attempting to resolve the issues. Weare now satisfied that nothing is being done; therefore, this should be construed as our final demand. We expect satisfaction of the following mortgages recorded at the Cumberland County Court House to be satisfied by the close of business on Monday, November 3, 2003: Place of Record (Book. Page) Date of Mortgage Original Amount Payment Information 1212-128 May 12, 1994 $70,000.00 Paid upon refinancing of 1330-573, infra. 1310-573 March 18, 1996 $100,000.00 Paid by Zimmerman check for $69,764.29 on October 22, 2002. 1207-214 April 15, 1994 $100,000.00 Paid by Waypoint Bank loan payoff check for $89,088.71 on October 18, 2002. 1483-639 September 18,1998 ' $104,000.00 Paid by Zimmerman check for $93,993.98 on October 21, 2002 EXHIBIT C SNELBAKER, BRENNEMAN 8 SPARE M&T Bank ATTENTION: Marc October 22, 2003 Page Two If these liens are not removed by appropriate satisfaction procedures, as demanded above, we will commence suit without further notice and pursuant to our notices of March 12, 2003 relative to each of said mortgages. Very truly yours, Richard C. Snelbaker RCS:jjc cc: Earnest F. Zimmerman EXHIBIT C , SNELBAKER, BRENNEMAN <3 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG, PENNSYlVANIA 17055 RICHARD C. SNELBAKER KEITH o. BRENNEMAN PHILIP H. SPARE 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 M & T Bank Manufacturers and Traders Trust Company 6560 Carlisle Pike Mechanicsburg, P A 17050 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 0984 RETURN RECEIPT REQUESTED M & T Bank P.O. Box 1319 Buffalo, NY 14240-1319 VIA CERTIFIED MAIL NO: 7000 1670 0008 5047 0977 RETURN RECEIPT REQUESTED NOTICE TO RECORD MORTGAGE SATISFACTION PIECE TO AVOID PENALTY Date of Notice: March 12,2003 To the Mortgagee named below: The party issuing this notice believes that the mortgagee of the mortgage described below has received full satisfaction and payment of all amounts secured by the mortgage, including any applicable satisfaction fee, and that, where applicable, the mortgagee has been instructed in writing, effective as of the date and time of receipt of the mortgage payoff figure, to close and decline any further advances on any open line of credit which was secured by the affected mortgage. The party issuing this notice hereby requests that the mortgagee issue and present for recording a satisfaction piece concerning the mortgage or provide a satisfactory reason why the mortgage should not be satisfied to the party issuing this notice. If you do not comply with this notice, you may be liable for penalties and costs in accordance with the act of December 9,2002 (P.L. 1530, No. 197), known as the Mortgage Satisfaction Act, or the party issuing this notice may be able to satisfy the mortgage without your consent. Names of Mortgagors: Earnest F, Zimmerman and Kelly J, Zimmerman Name of Mortgagee: Financial Trust Company (now: M & T Bank) Name of Assignee: None Date of Mortgage: September 18, 1998 Amount of Mortgage: $104,000.00 Recorded in Cumberland County, Pennsylvania, in Mortgage Book 1483, Page 639 , 1 Brief Description of Premises Covered by Mortgage: Residential premises located in Monroe Township, Cumberland County, Pennsylvania, known as 919-921 Spring Circle Mechanicsburg, P A 17055 Mortgage Loan Number: Account Number: 2031633024 EXHIBIT D SNELBAKER. BRENNEMAN <9 SPARE M & T Bank March 12, 2003 Page Two - Notice Name of Party Presenting this Notice: Richard C. Sne1baker, Esquire Sne1baker, Brenneman & Spare, P.C. Attorney for Mortgagors Address of Party Presenting this Notice: 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Telephone Number of Party Presenting this Notice: (717) 697-8528 BRENNEMAN & SPARE, P.C. By: d C. Sne1baker, Esquire , EXHIBIT D " -,' --"---_~c _' _~,--'-._ _ ._._ "ll~~I.]::I:"Il'I''':l.:t...:II.''''''f=r''.l'I...._1 , . 1. Complete Items 1, 2, and 3. Also complete Item 4 jf Restricted Delivery is deSIred. . Print your name and address on the reverse . \ so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Miele Addressed to: ':'..:; M & T Bank P.O. Box 1319 Buffalo, NY 14240-1319 i 1 2.ArtIcIe'~_~_~~,~,_~c:'Pr, from service label) I i PS Fonn 3811, July 1999 'I~- I C. Signature x 3. Service Type J:;XCertifred Mail o Ragistered o Insured Mail I I I .I o Express Mail D Retum Receipt for Merchandise 00,0,0, 4. Restricted Delivery? (Extra Fee) 1000 1b/U OUU~ ~U41 DYes U':JII Domestic Return Receipt l"- I"- tr CJ I"- or- CJ Ul Postage $ Certified Fee 102595-OO-M.Q952 i ' .17 2.10 1. 75 ~~f<r~"i: "Po 0' g po"j \; en Her~ ..n U - It) \~ I ~ u.;Y~V "" t:J CJ CJ Return Receipt Fee (Endorsement Required) Restricted Delivery, Fee (Endorsement ReqUired) CJ I"- ..JJ .-'t Total Postage & fees $ 4 . 42 Sent To M & T Bank CJ '-St;.eerA;Jr:No.;'or-;i6'Box-No.hUh-p-:'6-~u-B-c;x--T3T9-'num.m.n_.___ CJ CJ I"- ..c,;,;'siai.1!p;4"..m'BilHal(j';'..iiiY....Ti..Z4'(j::T3I'g.""" .., EXHIBIT D . ,~ ~~? l.O ~ ,,, .: "'" '_-.:'J <....::~ ...;;- .." r~l L..J o --1-1 :1-J h-I:n t~ i'--., " C) ..:-; ~,~ ..--i '.:. 4, Restricted Delivery? (Extra Fee) 7000 1670 (l008 '5047 0984 I : l: ; I" f! i! ;! f ! i ~ 1 '. .'. ~::I~lt]:I:"".J~~I:I..:a'_':II"""""'."'I._ . Complete Items 1, 2, end 3, Also comp,l~te ~em 4 If Restricted Delivery Is desired:' . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M&TBank Manufacturers and Traders Trust Company 6560 Carlisle Pike <tMechanicsburg, PA 17050 . ~;:.::.1 ;;2.eArUCle Number (Copy from service label) ,) PS FO~ ~811: ~Ulyt~~99i i; ii i ,~--,-- -----~-~..... ~~alu D. Is delivery 8c:\dress differen from it If YES. enter delivery address 0010 o Agent < 0 Addressee 1? 0 Yes o No 3, service Type 1tJ Certified Mall c 0 Registered o Insured Mail o Express Mail o Return Receipt for Merchandise 00,0,0, DYes j,. , Domestic Return Receipt '~ "" , lr C ,-.. ~ C U'1 Postage $ Certified Fee "" C C C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 102S9S-l)l}-M-09S2 2.30 1. 75 s Total Postage & Fees f. 42 "a' To l"l 6< T Ilank l"lanufacturers and Traders Trust CompaI):' ~ '-St;eei:AP-CNo.;'O;'~-~og-~o:-~~;"1i-~i~np-ik~..mnnm--n----..-..-- ::2 .-tiiY.-State,'ZIP+4m-MecIianrc'sDurg-~.-.IiA""-I-7"(j5-amu..._n__ c ,-.. ..lI .-'l ..______.1 EXHIBIT D 1- ~ . "'Tfli- ~9 j f'.... =2~ -..l 0 --J 0 ~ ~ 0f\ (./'J ~0 '-/' ~ =- r+- eS J;, lY",C} <./' c:-t (: c~ '" '.. -~-) :i2 C'\ _:j-j 'T) I t..,j -.-{ ;!, \-\) -, f"-) f-0 SHERIFF'S RETURN - REGULAR CASE NO: 2004-00732 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZIMMERMAN EARNEST F VS MANUFACTURERS & TRADERS TR CO SGT BARRY HORN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MANUFACTURERS AND TRADERS TRUST COMPANY the DEFENDANT , at 1035:00 HOURS, on the 20th day of February, 2004 at 1 WEST HIGH STREET CARLISLE, PA 17013 by handing to SUZETTE BARNES, HEAD TELLER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 3.45 .00 10.00 .00 31. 45 "~g?=,~::-t'~ R. Thomas Kline 02/20/2004 SNELBAKER BRENNEMAN Sworn and Subscribed to before By: me this ;/.(. e: day of J~u7 ,).{)11'1 A.D. Cl l 0 .~AO~W f'<ti:rothonotary , '71 EARNEST F. ZIMMERMAN, Plaintiff v. MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-732 CIVIL ACTION - LAW ENTRY OF APPEARANCE TO: Prothonotary Kindly enter our appearance as counsel for Defendant in the above. referenced matter. DATE: March 5, 2004 BUCHANAN INGERSOLL PC By: Jayso R. Wolfgang, Es IT J.D. #62076 Nicole L. Borda, Esquire #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg, P A 17101 (717) 237-4800 CERTIFICATE OF SERVICE I, Jayson R. Wolfgang, Esquire, certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, P A 17055 By: Jayson . Wolfgang, Es DATE: March 5, 2004 , 0 ....., 0 c=> C = -1"1 ;c.... ...- ,".. ::!.: -l ',^, ::;:':010 I-n = nlp -nn1 , :00 OJ OS _-jC -7 ,. \] '::':'-'1 :1: L);;:;:;.: :;...:...... W :-)m ::::-_:~ =<! C> ::J) c::> -< EARNEST F. ZIMMERMAN, Plaintiff v. MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-732 CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff Earnest F. Zimmerman c/o Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 Plaintiff is hereby notified to file a written response to the New Matter of Defendant Manufacturers and Traders Trust Company within twenty (20) days from service hereof or a judgment may be entered against Plaintiff. DATE: September 1,2004 BUCHANAN INGERSOLL PC By: )~~/ Jayson ,Wolfgang, Esq () I.D, #6 076 Nicole L. Borda, Esquire I.D. #89214 One South Market Square 213 Market Street - 3rd Floor Harrisburg,PA 17101 (717) 237-4800 EARNEST F. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 04-732 MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER OF DEliENDANT MANUFACTURERS AND TRADERS TRUST COMPANY Defendant Manufacturers and Traders Trust Company (hereinafter referred to as "M&T") by and through its attorneys Buchanan Ingersoll PC, files this Answer with New Matter to the Complaint of Earnest F. Zimmerman ("Plaintiff'), as follows: 1. Admitted. 2, Admitted. 3. Admitted, 4. M&T is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 4, and they are therefore denied, To the extent that paragraph 4 refers to an Order or decree of this Court, the Ord'er is a document that speaks for itself and any characterization of the content or nature thereof is denied, COUNT I 5, M&T hereby incorporates by reference its answers to paragraphs 1 through 4 above, 6. Admitted, in part and denied in part. It is admitt<:d that Plaintiff and his wife were the owners of residential real estate located at 623 Willianls Grove Road in Upper Allen Township, Cumberland County, Pennsylvania. With regard to the remaining averments in paragraph 6, M&T is without knowledge or information sufficient to form a belief as to the truth of said averments, and they are therefore denied. 7. Admitted. 8. Admitted. 9. M&T is without knowledge or information suffieient to form a belief as to the truth of the averments in paragraph 9, and they are therefore denied. 10. After reasonable investigation, M&T is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 10, and they are therefore denied, II. After reasonable investigation, M&T is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 11 and they are therefore denied. 12. M&T is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 12, and they are therefore denied. 13. M&T is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph 13, and they are therefore denied, 14. M&T is without knowledge or information sufIicient to form a belief as to the truth of the averments in paragraph 14, and they are therefore d'~nied. By way of further answer, the document attached to Plaintiffs Complaint as Exhibit "A" is an undated document that speaks for itself and any characterization of the nature or content thereof is denied. 2 15, Denied. To the contrary, on October 30, 2003, M&T mailed a cover letter and executed Discharge of Mortgage to the branch office loc,ated at 6560 Carlisle Pike, Mechanicsburg, Pennsylvania in order to discharge and satisfy both Mortgage #1 and Mortgage #2, along with a check to cover any filing fees with the Recorder of Deeds Office. These documents were forwarded to the branch office with M&T's understanding that Plaintiff would personally file the Discharge of Mortgage. True and correct copies of the October 30, 2003 cover letter, Discharge of Mortgage and check payable to the Recorder of Deeds Office are attached hereto collectively as Exhibit" A." 16. Admitted in part and denied in part. It is admitted that on or about March 12, 2003, Plaintiff, through his attorney, sent M&T a request to hav,' Mortgage #1 satisfied, and that said notice was received by M&T on March 13 and 14,2003 at M&T's Mechanicsburg, PA and Buffalo, NY offices, respectively. However, to the extent that the averments in paragraph 16 are intended to imply that M&T had not already done what was required under Pennsylvania law to satisfy Mortgage # 1, the averments are specifically denied. By way of further answer, the answer to paragraph 15, above, is incorporated herein by refi~rence, Finally, the documents attached to Plaintiff's Complaint as Exhibit "B" are documents that speak for themselves, and any characterization to the content or nature thereof is denied. 17. Admitted in part and denied in part. It is admitted that Exhibit "c" to Plaintiff s Complaint is a copy of an unsigned letter dated October 22, 2003 from Plaintiffs attorney addressed to M&T. After reasonable investigation, M&T is without knowledge or information sufficient to form a belief as to the truth of the averment that the letter was sent to M&T and/or received by M&T, and any such averments and/or implications are therefore denied. By way of 3 further answer, to the extent that the averments in paragraph 17 imply that M&T had not done everything required under Pennsylvania law to satisfy Mortgag<e #1, the same are specifically denied. 18. Denied. It is specifically denied that M&T has failed and refused to satisfy Mortgage #1. The remaining averments in paragraph 18 are conclusions of law to which no response is required. To the extent a response is required, it is further specifically denied that M&T has violated the Mortgage Satisfaction Act, 21 P.S. S 721-1, et seq. By way of further answer, the answers to paragraphs 15 through 17 are incorporated herein by reference. 19. Denied. It is specifically denied that Plaintiff has suffered or is suffering losses and damages as averred. To the contrary, any losses and damages suffered by Plaintiff are the direct and proximate result of the acts or omissions of others over whom M&T has not control. WHEREFORE, Defendant Manufacturers and Trad,:rs Trust Company demands judgment in its favor and against Plaintiff Earnest F. Zimmerman, together with costs and such other relief as the Court may deem just and appropriate. COUNT II 20. M&T hereby incorporates by reference its answers to paragraphs I through 19 above. 21. Admitted in part and denied in part. It is admitted that Plaintiff and his wife were the owners of rental real estate located at 919-921 Spring Circle, Monroe Township, Cumberland County, Pennsylvania. With regard to the remaining averments in paragraph 21, M&T is without knowledge or information sufficient to form a belief as to the truth of said averments, and they are therefore denied. 4 22. Admitted. 23. Admitted in part and denied in part. It is admitted that Plaintiff remitted payment for $93,993.98 on or about October 21, 2002. By way of further answer, the payment remitted by Plaintiff on or about October 21, 2002 was applied to Loan #2. When the payment was applied to Loan #2, a balance representing overpayment on Loan #2 resulted in Plaintiffs account. M&T sent Plaintiff a refund check for the balance in the amount of $1,286,46, and Plaintiff cashed the refund check. Plaintiff was notified on or about February 5, 2003, that the application of funds to Loan #2 was reversed, the funds were applied to Loan #3, and a balance of principal funds was still due on Loan #3 in the amount of $1,286,46. On October 28,2003, Plaintiff was again notified that a balance of outstanding principal funds totaling $892.70 remained due on Loan #3. Although M&T has notified Plaintiff of these circumstances and has requested that he return the overpayment remitted to him, Plaintiff has failed to return the amount remitted to him and therefore there is still an outstanding amount owing on Loan #3, Accordingly, an unpaid balance remains due and owing from Plaintiff on Loan #3, which is secured by Mortgage #3. M&T is without knowledge or infomLation sufficient to form a belief as to the truth of the remaining averments in paragraph 23, and they are therefore denied. 24. M&T is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 24, and they are therefore denied. By way of further answer, the answer to paragraph 23, above, is incorporated herein by reference. 25. M&T is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph 25, and they are therefore denied. 5 26. M&T is without knowledge or information suffident to form a belief as to the truth of the averments in paragraph 26, and they are therefore denied. By way of further answer, the document attached to Plaintiff's Complaint as Exhibit "A" is a document that speaks for itself and any characterization of the nature or content thereof is denied, Moreover, Exhibit "A" to Plaintiffs Complaint is averred in paragraph 14 of the Complaint to be dated January 29, 2003, while in paragraph 26 it is averred to be dated January 29, 2002; because Exhibit "A" is not dated at all, M&T is without knowledge or information sufficient to form a belief as to the truth of such averments and they are therefore denied, 27. Admitted in part and denied in part. It is admitted that the mortgage, which Plaintiff identifies as Mortgage #3 in the Complaint has not been marked satisfied. To the extent that the averments in paragraph 27 imply that Loan #3 has been fully paid by Plaintiff, requiring that Mortgage #3 be marked satisfied, said averments are specifil:ally denied. By way of further answer, the answer to paragraph 23, above, is incorporated herein by reference. 28, Admitted in part and denied in part, It is admitted that on or about March 12, 2003, Plaintiff, through his attorney, notified M&T of Plaintiff's request to have Mortgage #3 satisfied, and that said notice was received by M&T on Marc:h 13 and 14, 2003 at M&T's Mechanicsburg, PA and Buffalo, NY offices, respectively. However, to the extent that the averments in paragraph 28 imply that M&T was required to under Pennsylvania law to satisfy Mortgage #3, the averments are specifically denied. By way of further answer, the answer to paragraph 23, above, is incorporated herein by reference. Finally, the documents attached to Plaintiffs Complaint as Exhibit "B" are documents that speak for themselves, and any characterization to the content or nature thereof is denied, 6 29. Admitted in part and denied in part. It is admitted that Exhibit "c" to Plaintiffs Complaint is a copy of an unsigned letter dated October 22, 2003 from Plaintiff's attorney addressed to M&T. After reasonable investigation, M&T is without knowledge or information sufficient to form a belief as to the truth of the averment that the, letter was sent to M&T and/or received by M&T, and any such averments and/or implications are therefore denied. By way of further answer, to the extent that the averments in paragraph 29 imply that M&T had not done everything required under Pennsylvania law to satisfy Mortgage #3, the same are specifically denied. 30. Denied. It is specifically denied that M&T has failed and refused to satisfy Mortgage #3. The remaining averments in paragraph 30 are conclusions of law to which no response is required. To the extent a response is required, it is further specifically denied that M&T has violated the Mortgage Satisfaction Act, 21 P.S. S 721.1, et seq, By way of further answer, the answers to paragraphs 27 through 29 are incorporated herein by reference. 31, Denied. It is specifically denied that Plaintiff has suffered or is suffering losses and damages as averred. To the contrary, any losses and damages suffered by Plaintiff are the direct and proximate result of the acts or omissions of others over whom M&T has no control. WHEREFORE, Defendant Manufacturers and Traders Trust Company demands judgment in its favor and against Plaintiff Earnest F. Zimmerman, together with costs and such other relief as the Court may deem just and appropriate. NEW MATTER 32. M&T hereby incorporates by reference its answers to paragraphs I through 31, above. 7 33, Plaintiff has failed to state a claim against M&T upon which relief can be granted. 34. Plaintiff's claims are barred by the doctrine ofuncllean hands. 35. Plaintiffs claims are barred by the parol evidence rule. 36. Plaintiffs claims are barred by the Statute of Frauds. 37. Plaintiff's claims are barred by the doctrines of waiver and/or estoppel. 38, Plaintiffs claims are barred by the applicable statute(s) of limitations. 39. Plaintiffs claims are barred by the doctrine oflaches. 40. Plaintiffs claims are barred by the doctrine of accord and satisfaction. 41, Plaintiff has failed to mitigate his damages. MORTGAGE #1 AND MORTGAGE #2 - THE RESIDENTIAL LOAN 42. The mortgages referred to in Count I of Plaintiffs Complaint were both serviced by M&T under Loan number 20210740005, 43, On or about October 30,2003, M&T mailed a cover letter addressed to Plaintiffs counsel and a Discharge of Mortgage to M&T's branch office located at 6560 Carlisle Pike, Mechanicsburg, Pennsylvania ("Carlisle Pike Branch"), which would discharge and satisfy Mortgage # I and Mortgage #2. A true and correct copy of the cover letter and Discharge of Mortgage is attached hereto as Exhibit "A." 44, Upon information and belief, M&T understood that Plaintiff or his representative would retrieve the Discharge of Mortgage from the Carlisle Pike Branch and record it at the Recorder of Deeds Office to ensure that Mortgage #1 and Mortgage #2 were discharged and marked satisfied. 8 45. It is believed and therefore averred that Plaintiff did not retrieve the documents from the Carlisle Pike Branch or do everything he was obligated to do under the Mortgage Satisfaction Act to obtain a discharge of mortgage. See e.g., 21 P.S. ~ 271-6(a) (requiring satisfaction only "[a]fter the entire mortgage obligation as well as all required satisfaction and recording costs have been paid to the mortgagee.") 46. M&T has marked satisfied and discharged both Mortgage #1 and Mortgage #2 with the Cumberland County Recorder of Deeds. The discharge was effective on or about March 25,2004. A true and correct copy of the time-stamped Dischargl: of Mortgage for Mortgage #1, which is the subject of this action, is attached hereto as Exhibit "B." MORTGAGE #3 - THE COMMERCIAL LOAN 47. The payment reference in paragraph 23 of the Complaint was applied to Loan #2. 48. When the payment was applied to Loan #2, a balance representing overpayment on Loan #2 resulted in Plaintiffs account. 49. M&T sent Plaintiff a refund check for the balance in the amount of $1,286.46 to Plaintiff, and Plaintiff cashed the refund check. 50. Plaintiff was notified through his counsel on or about February 5, 2003, that the application of funds to Loan #2 was reversed, the funds were applied to Loan #3 and a balance of principal funds was still due on Loan #3 in the amount of$I,286.46. A true and correct copy of the February 5, 2003 letter is attached hereto as Exhibit "C." 51. On October 28, 2003, Plaintiff was again notified that a balance of outstanding principal funds totaling was due on Loan #3 and that M&T would release Loan #3 upon payment 9 of $892.70. A true and correct copy of the October 28, 2003 letter is attached hereto as Exhibit "D." 52. Plaintiff has failed to remit payment for the outstanding amount still owing on Loan #3. 53. Accordingly, an unpaid balance remains due and owing from Plaintiff on Loan #3, which is secured by Mortgage #3. 54. Because an unpaid balance remains on Loan #3, Plaintiff has not done everything he was required to do under the Mortgage Satisfaction Act to obtain a discharge of Mortgage #3 and M&T is not obligated under Pennsylvania law to mark Mortgage #3 satisfied. See e.g., 21 P.S. ~ 271-6(a) (requiring satisfaction only "[a]fter the entire mortgage obligation as well as all required satisfaction and recording costs have been paid to the mortgagee.") WHEREFORE, Defendant Manufacturers and Traders Trust Company demands judgment in its favor and against Plaintiff Earnest F. Zimmerman, together with costs and such other relief as the Court may deem just and appropriate. BUCHANAN INGERSOLL PC By: Jayson olfgang, Esquir I.D. #6 076 Nicole L. Borda, Esquire I.D. #89214 One South Market Square 213 Market Street .. 3rd Floor Harrisburg, P A 17] 01 (7] 7) 237-4800 DATE: September], 2004 10 VERIFICATION I, Lisa Stachelski, Vice President and Operations Manage:r of Consumer Lending of Manufacturers and Traders Trust Company, have read the foregoing document and verify that the facts set forth in paragraphs 1 through 4, 5 through 19 and 42 through 46 are true and correct to the best of my knowledge, information and/or belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. By:~lKk.A: Lisa Stache]ski DATE: VERIFICATION I, Jennifer Palmeri, Banking Officer of Manufacturers and Traders Trust Company, have read the foregoing document and verify that the facts set forth in paragraphs 1 through 4, 20 through 31 and 47 through 54 are true and correct to the best of my knowledge, information and/or belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. DATE: 9//;0/ oj yJ~ r: xh,b, ~ A 83/17/2884 15:31 7176848843 CQLlMBIA DOC PAGE B8 &I M&T Bank lo!anurectuIens and T1IdIos Truol eomp;.,y On. F_.. _, P.O. Boo< '111. liIufIoIo, NY 1421J3.'U!/5 (71&) lI2&-lllOl1 eon..."... l..oo'd'l/l Oopal'lmll>l Oetober 31), 2003 ~~&SPARE A.TTO~4TLAW 44 WI:sT MAIN S'1lU:ET ~NICSBtac, PA 17055 RE: I..oa:b. Nulnbrr: 2021074000$ Dear Cusb:.mor: &closed i. · Disl:bqe ofMortgap fOr the above refe:renced aooount. This doclIDlClDt ~ paymllllt in 1I1l1 ot'your 8CCOlIllt. We suggest tbat you have this Discharge recorded at the County ClCllk'a office at your earlim OOIlVe11imce, This willlllllRll1lthat thlll'll is a c1eU'record that tho IDllrtgage hu boen discharged. Pleue CoIltact your County C1eIt's offtoo for infonnation Olmccming recording fees and ~g prooodwn It is alllO suuested that )/Oil have your insuranctllgSlcy fwward an endorsemcll'Jt to you ,I;"';" .';n.g the Bank IS MDltpgOll for this aoOO\lllt only. 'I'hauk: you for bllllkiDg with MkT, and Wtl look forward to serving you again ~G the fbture.. Siucen:ly, R~ i.. ~ Patricia Ie. DImpp Group Leadllf Documentation &; Collateral Departmlll11 P.nclosure EVC'd SG6'ON M~ondT"clersTI'USl~.lI'ClDII1lIiaPlOl:l,Suflalo,N.Y. 14:103 ~ !OIIlIS J'u WdE:t>:E l>00C!.Lt.~ B3/17/2B84 15:31 717684BB43 COLUMBIA DOC PAGE B5 DISCHARGE OF MORTGAGE Kno", all Men by These Presents, that Manufacturers and Traders Trust COInpIUlY, as 51lCCeS8Or by 1l11ljer to K'YB1untt F"lIl8nCial Bank, N.A. (Wa FinanGiaJ TJ'UIt Company) [:fi'kta FlIl'1I'lCl'!l Trust Ctm\1l8ny), a COIpOratjon 0QlllDized llIJd.... the Laws of the Slate of Now York, bsvitl, itl principal offioe at One Follll1ain Plaza, But'falo, New York 14203 docs here certify that. ~In IIldmture ofMlItgage beam, rJate th'12!h day ofMsy, 1994 made IInd executed by EARNEST F ZIMMERMAN and KEl.L Y ) ZiMMERMAN to FIrDllll'S Trust CO!lIpIny, aiVllll to aoc\lre pa.yul\l/It Qfthe princi)l8l sum ofS70,OOO.oo, and interest, and duly recorded in the office oithe Cltrlc ofb County ofCUMBERLANn,PA. in Libet 1212 ofMortgBges,]lIIge 128, on the 12th dal' of May, 1994, is fully paid aDd that 1IpOIl the t'CQOl'diDB hereof said mortga8e shall be and is hereby fully satisfied lIIld discharae<\. This martpge haollol been assigned of record, SAID MORTGAGE WAS MODIFlED AND CONSOIJDATIlD BY A MORTGAGE MODIFICATION AGREEMENT MADB BY EARNESt p .AND KELLY J ZIMMERMAN TO MANl1FACTt.IRER.S AND TRADERS TRUST COMPANY, DATIID 3118/96.AND RECORDBD 311&1961N LIBER 1310 OF MORTGAGiS AT PAGE 573 TO INCREASE LOAN AMOUNT PROM $70,000.00 TO $100,000.00 AN INCREASE OF $30,000.00, WHICH IS FULlY SA nmm AND DISCHARGED, R.oaI Estate Secured: 623 WILL.1AMs GROVE RD. MECHAN1CSBURG, CUMBERLAND. PA. 17055 SlI!101ion: Block: Lot: IN WITNEss WBElU!:OF'. MuDflUltnrel'$ IIIId Trad.... Tnl8'l CODlpll1lY hllli oansed its oorporate seal to be ""-nto Ii&c:d, mc\ these f/l'WlItS to be signed by its duly authoriz"d ofi'icc:r on 1013012003 ,~SAND TRADfOTRUSTCOMPANY PalriciaK. ~ ~ } 1 ~ Group 1.elldc:r STATE OF NEW YORK ) :ss, COUNTY OFERm ) On this 30lb clay of October, 2003. befcre me the undersigllfld, a Notary Public ill aDd fot sald State, personaDy lIppealcd Patriola K. Klumpp , P='$OI1&!ly knllWll to me or proved to me on the bq;1J of satisfactory evidence to be the individual(s) whose uatoe(s) is(arc) subseribcd to thc within iuJf.rument mc\ aclcn0\ll1edged to me that belshe/they eJUlCDted the same iu hislherllheir cllplCi1y(ies), IIld that by hi.sIherItheir signalDre(l) an the m$1:nJmeni, the individual(s), or the pelT$QIt upon ~ of whlch the individual(l) acted, executed {~l' instrumeul -- I hQA L~ A'/~~ Olol.UlUlNl M. l'AIGI! Nol8Iy ~ Slolw el NIWYaIlc (lUIII,,_ In iril CDUII\Y MyConlm.... EolpI,.l011MlJOS Reg <<J1PA8ll86:24o -- EGl"l>"d SG6 'ON 5~d5 1:I3I\'I5 :l.L..:l Wc:Et>:E l>OO2'lT'1:II:IW r:)(h~J S 'OSEP, 1,2004 8~0?AMF M&T BANK I/L & HEQ OPERATI ~/JU/~UU4 liON MJ II m m mti NATlUNAL llllUl'1't~hvlCES NO. 994 P.2@0231023 I V-'U U " DJSI"'I' A" alMOaTCL\CiII J:Deirf.IU/Jea "ron-In I . " ..r.- . ...... _'ftWn1MLc...~. II U..IIy...... ~~1IIlIr, lU. 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Dlltcad IIId lllcomcrty Ipp!i.d 10 t1Ie Zlmmmnan" Home JigWt), LlDt ofCndit 1hoaa ii1"da repllld 1he HGml! Bquicy ;11 foil. bgs lAere .... SlID 11.211S.46 h1"lIaJlpIled Ibndl. These Pl'OUeds -. rctulllleCllo tho ~rrowo: 111. check, wbi=b be. bceD elSbcd. Upoo reoolllltJoll rbat.n mar had ""=cd, du llDl!y 00 l!Ie 1l0llH tqulry _, rcvencd, """ rJat lIuldt to! lIJc rcpa}'llltlU llftb. c_laJ l..1I were -10 . ~Ilk 11lipoDric!D",:COlmt Ollc. lhe 11.286.46 tho! ...., IIItolu.dr 1'C~lcd 10 the bonowerl. retamed, lb. _ P'l'-otrwlll be ~ .. ~flll: dal.tho oriJin&l P'Ylllelll_,1I. OIl or molIIld lM:!I02, W. WIlI.11Il ..lliefy..". and all IPPlloebl. DIO;lpg.. It Wllimc, If you be"" '''}' qUe$llQol am any item I Ill., OllV","" ;" thiJ 1_. plea.. tie> DOl hesitJde to call 01' at 241-7705. Sinccrcly, J>.lll p, BI}'._ Vice l'roo,oIem ~11r T 1I1lDk (Z/1>t'd SG6 'ON S::ldS l:l3" lIS ;)J..:j Wd91>:E 1>002""1'~ ~xh)bt D PAGE 07 83/17/2884 15:31 717&848843 COLUMBIA DOC Octobllf 28, 2003 Mr, Bmcst Zimmerman 62' Williams Grove I<.d Meeblll2ict\M'g,PA 170S5.7S12 U: Comm~ Lollll /# 2031633024 Dear Mr, Zimmmnan: 1'1JrBUlIlI1 to your ocmvenation with ~ A1llimo, M&T BIIIIk will commit and guaranty to release all paid offmortgagea baSed lIpoD recc:lpt of 5892.70. These tundJ ~ the belanoc of outstanding principal funcl!I dUll on the above rcflll'ClDCCd note, This balance is a ditect result ofthl paymCllt revenalllld rebated amount back in late 2002 and euJy 2003. At this thne, the mortgages that socurcd yoU1 pel'Sona! loans are being re1ca.sed. Upon ~ ofilie a{oren1lll1tiooed Amds. the mortgage sccurins the a1:,on DOte DumbCll' will ba rei_cd in 10 dI.)'I' We will forwell yoll confirmation of this release jmmec1.iately and also . ~ oftbc stamPed te1ease from the \llm. 1 cm only state that this \8sUe has not beneficial for oither party. AI we agree 1hat the fonds should J>Ot have bean returned IllId should h&'Ve been app1il~ to the CCl11llDen:ial loan. tho ~ blu1--4nwD that CIlllIIItld b&s caused us ell time and effort, For this I can only spologizo. I would ~iate that if}'C/ll have lilY concetnl or opeII iSSllell" that }'C/Il call me at 241- 7799. I would lik.D to resolve this far both parties so that we can move fbrward to more profitable vClll1UTOS- 11:l11 Robhlson Viae PrelIidllot Regional B\ISiDC5S -aaokin& MlIlJJP' s~ ~1f"lI5 :J,U WdS1>:E V00G'l.l'~ EZ/H'd SZS'ON I, Jayson R. Wolfgang, Esquire, certify that I am this day serving a copy of the foregoing CERTIFICATE OF SERVICE document upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure as follows: Richard C. Sne1baker, Esquire 44 West Main Street Mechanicsburg,PA 17055 DATE: September 1,2004 C) "-> C"' c::;;;:: ~ <, '~:) ..;~ -- ,,~ '-i I",' 1 .7-,.. -t) n'!;.l I -r")i-q "" ~;"J ~. ) ,.e' ~ , '_,J () --.) .Y !J - -~\;.' r-', -' L~:;;~ ( ~'? --- ,,_j ~ :~ ;,{'J ...., -< ARNEST F. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO: 04- 732 CIVIL TERM vs. ANUFACTURERSANDTRADERS RUST COMPANY, Defendant CIVIL ACTION - LAW JURY TIUAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes Plaintiff, Earnest F. Zimmerman, by his attorneys, Snelbaker, Brenneman & Spare, P.C., and responds to the New Matter contained in Defendant's Answer as follows: 32. Paragraph 32 of Defendant's New Mater should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. By way of further reply, the averments of Paragraphs 1 through 31, inclusive, of Plaintiffs Complaint are incorporated by reference herein; accordingly, the allegations of Defendant's Answer are denied to the extent they do not constitute unqualified admissions of the averments in Plaintiffs Complaint. 33. Denied. Paragraph 33 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. R.C.P. 1029(d); accordingly, same is deemed to be denied. 34. Denied. Paragraph 34 of Defendant's New Matter contains an unwarranted LAW OFFICES SNELBAKER BRENNEMAN & SPARE conclusion of law to which no response is required by the Plaintiff pursuant to Pa. R.C.P. 1029(d); accordingly, same is deemed to be denied. 35. Denied. Paragraph 35 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. RC.P. 1029(d); accordingly, same is deemed to be denied. 36. Denied. Paragraph 36 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. R.C.P. 1029(d); accordingly, same is deemed to be denied. 37. Denied. Paragraph 37 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required by the Plaintiff pursuant to Pa. R.C.P. 1029(d); accordingly, same is deemed to be denied. 38. Denied. Paragraph 38 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. RC.P. 1029(d); accordingly, same is deemed to be denied. 39 Denied. Paragraph 39 of Defendant's N,~w Matter contains an unwarranted conclusion oflaw to which no response is required by Ilhe Plaintiff pursuant to Pa. R.C.P. 1029(d); accordingly, same is deemed to be denied. 40. Denied. Paragraph 40 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. RC.P. 1029(d); accordingly, same is deemed to be denied. 41. Denied. Paragraph 41 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required by the Plaintiff pursuant to Pa. RC.P. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 1029(d); accordingly, same is deemed to be denied. 42. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all the avelments in paragraph 42 of the New Matter 2 and, therefore, the same are deemed to be denied pursuant to Pa. RC.P. I 029( c), proof of which are demanded at the trial of the case, if relevant. 43. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all the avemlents in paragraph 43 of the New Matter and, therefore, the same are deemed to be denied pursrumt to Pa. RC.P. 1 029( c), proof of which are demanded at the trial of the case, if relevant. To the extent that it is implied that the cover letter and Discharge of Mortgage were mailed to or rec,~ived by Plaintiffs counsel, the same are denied. 44. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all the avennents in paragraph 44 of the New Matter and, therefore, the same are deemed to be denied pursuant to Pa. R.C.P. 1029(c), proof of which are demanded at the trial of the case, if relevant. 45. It is admitted that Plaintiff did not receive the "documents" for the reason that he did not know of their existence, despite his several demands therefor as set forth in the Complaint, and, therefore, it is denied that Plaintiff failed to perform any obligations under the "Mortgage Satisfaction Act." In addition, paragraph 45 of New Matter contains a conclusion of law to which no response is required and, therefore, is. deemed to be denied. 46. Admitted. 47. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all the averments in paragraph 47 of the New Matter LAW OFFICES SNELBAKER BRENNEMAN & SPARE and, therefore, the same are deemed to be denied pursuant to Pa. RC.P. 1029(c), proof of which are demanded at the trial of the case, if relevant. 3 48. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of all the avemLents in paragraph 48 ofthe New Matter and, therefore, the same are deemed to be denied pursuant to Pa. R.C.P. 1029(c), proof of which are demanded at the trial of the case, if relevant. 49. It is admitted that Plaintiff received and cashed a check in the amount of $1,280.46; however, after reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments that said check was for a "refund" or that it represented the "balance" of any account. 50. It is denied that Plaintiffthrough counse:1 or otherwise received the alleged notice. 51. It is denied that Plaintiff received the alleged letter. 52. It is denied that Plaintifffailed to remit the outstanding balance owing on Loan #3. On the contrary, the full amount necessary to payoff and satisfy Loan #3 was paid in full as averred in paragraph 23 of the Complaint, said averment being incorporated herein by reference thereto. 53. It is denied that any balance on Loan #3 is due or owing for the reasons set forth in paragraph 52 supra, the averments of said paragraph 52 are incorporated herein by reference thereto. 54. It is denied that an unpaid balance remains on Loan #3 for the reasons set forth in paragraphs 52 and 53, supra, the averments of said paragraphs 52 and 53 are incorporated herein by reference thereto. All other allegations in said paragraph 54 are conclusions of law to which LAW OFFICES SNELBAKER BRENNEMAN & SPARE no response is required and the same are deemed to be denied. 4 LAW OFFICES SNELBAKER BRENNEMAN & SPARE WHEREFORE, Plaintiff demands judgment against Defendant as pniy~ for under the Complaint. SNELBAKER, BRENNEMAN & SPARE, P.C. )' By ~~. . Snelbaker, Esquire Pa. Supreme Ct. I.D. # 06355 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 5 LAW OFFICES SNELBAKER BRENNEMAN & SPARE VERIFICATION I, EARNEST F. ZIMMERMAN, Plaintiff in th,e foregoing Reply to New Matter, do hereby verify that all facts in said Reply to New MatteT within my personal knowledge are true and correct, and as to those facts based upon information received from others, I believe them to be true and correct. I understand that any false stateml:nts in said Reply to New Matter are subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn statements to authorities. e~ ;? d' Ei e t F. Zimmerman (Pia' tiff) Date: September ~I, 2004 LAW OFFICES SNELBAKER BRENNEMAN & SPARE CERTIFICATE OF Sli<:RVICE I hereby certify that I am this date serving a true and correct copy of the within Plaintiff s Reply to New Matter by sending the same by first-class mail, postage paid, addressed as follows: Jayson R. Wolfgang, Esquire Nicole L. Borda, Esquire One South Market Square 213 Market Street Harrisburg, PA 17101 Ri ar . ne1baker, Esquire Sne1baker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box318 Mechanicsburg, P A 17055-0318 Attorneys for Plaintiff Dated: September~' , 2004 -, (.~) "', C.:J LJ ~- (.0 ! "', -~ -(.1 r~..) o ., ::j r'11~~? '-:-} 1.- . , -;", en CJ EARNESTF. ZIMMERMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant : NO: 2004 - 732 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFF'S MOTION TO DISMISS DEFENDANT'S OBJECTIONS AND TO COMPEL DEFENDANT TO FILE COMPLETE RESPONSIVE ANSWERS TO PLAINTIFF'S INTERROGATORIES AND NOW, comes Earnest F. Zimmerman, Plaintiff, by his attorneys, Snelbaker & Brenneman, P.C., pursuant to Pa. R.C.P. 4006 (a) (2) and submits this motion for relief as related below: I. On March 16, 2005, Plaintiff served upon Defendant Plaintiff's Interrogatories (First Set) Directed to Defendant ("the Interrogatories"), a true and correct copy of which is attached hereto marked "Exhibit A" and incorporated he:rein by reference thereto. 2. On or about April 15, 2005, Defendant submitted to Plaintiff its Response of Defendant Manufacturers and Traders Trust Company to Plaintiff's Interrogatories (First Set) ("the Response"), a true copy of which is attached hereto marked "Exhibit B" and incorporated herein by reference thereto. 3. The Response contains three (3) general objections and various answers to the Interrogatories; no specific objections were made to individual interrogatories. 4. The general objections raised by Defendant in the Response are improper and LAW OFFICES SNELBAKER & BRENNEMAN. P.C. without basis, and the answers in the Response to specific interrogatories are incomplete and non-responsive in the following particulars: A. In response to Interrogatory 2, which requests a brief statement of the subject matter of proposed witnesses' testimony, Defendant's answers are so general as to be meaningless, providing no means for Plaintiiffto determine the real purpose for their identification and insufficient information to determine whether to pursue further discovery by oral deposition. B. Defendant has refused to respond 110 Interrogatory 3 which requests identification of documents or other objects which Defendant intends to introduce at trial. The response of "[ u lndetermined" at this time is both a non-response and an insufficient explanation for not responding. C. Defendant has refused to provide a meaningful response to Interrogatory 6 which requests a statement of basis for and indication of all facts which support the Defendant's allegation that Plaintiffs claims are barred by the parole evidence rule. The brief answer is both non-responsive and an insufficient explanation for not responding. D. Defendant has refused to provide a meaningful response to Interrogatory 7 which requests a statement of basis for and indication of all facts which support the Defendant's allegation that Plaintiffs claims are barred by the Statute of Frauds. The brief answer is both non-responsive and an insufficient explanation for not responding. E. Defendant has refused to provide at meaningful response to Interrogatory 9 which requests a statement of basis for and indication of all facts which support the Defendant's allegation that Plaintiffs claims are barred by the "statue(s) of limitations". LAW OFFICES SNELBAKER 8: BRENNEMAN, P .c. The brief answer is both non-responsive and an insufficient explanation for not responding. 2 LAW OFFICES SNELBAKER & BRENNEMAN, P,C. F. Defendant has refused to provide a meaningful response to Interrogatory 10 which requests a statement of basis for and indication of all facts which support the Defendant's allegation that Plaintiff's claims are barred by the doctrine oflaches. The brief answer is both non-responsive and an insufficient explanation for not responding. G. Defendant has refused to provide a meaningful response to Interrogatory 11 which requests a statement of basis for and indication of all facts which support the Defendant's allegation that Plaintiff's claims are barred by the doctrine of accord and satisfaction. The brief answer is both non-responsive and an insufficient explanation for not responding. 5. As noted above, most of the Defendant's !mswers to the Interrogatories are not responsive to the questions propounded. Defendant raises numerous affirmative defenses in its Answer to Plaintiff's Complaint, but when requested by the Interrogatories to state the basis for the defense, Defendant has failed to do so. If indeed Deflendant has no factual or other basis for claiming such defenses, Plaintiff is entitled to know such conclusions at this stage of the action by way of proper answers to the Interrogatories and not be put off by the tactic of reserving the right to provide the response at a later time ("up to the date of trial of this matter"). 3 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. WHEREFORE, Plaintiff requests the Court to issue an order dismissing Defendant's general objections and directing it to make complete and responsive answers to Interrogatories 2, 3,6,7,9, 10 and 11. SNELBAKER & BRENNEMAN, P.C. ~ Richard C, Snelbaker 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys fi)r Plaintiff. 4 CERTIFICATE OF SERVICE I, RICHARD C. SNELBAKER, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Plaintiff's Motion to Dismiss Defendant's Objections and to Compel Defendant to File Complete Responsive Answers to Plaintiff's Interrogatories to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jayson R. Wolfgang, Esquire Nicole L. Borda, Esquire Buchanan Ingersoll P.O. Box 12023 Harrisburg, PA 17108-2023 SNELBAKER & BRENNEMAN, P.C. ~ char . Snelbaker 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Earnest F. Zimmerman By Date: July Js, 2005 LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. Q Q (.1'; ", ~-::') ~ C~"'l C__ C'.- ,-.;; "0 U, (:) '. ,-< ;Z~-n lllf"Z: S:~~ :_~~ en :~~ EARNEST F, ZIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION -LAW MANUFACTURERS AND TRADERS TRUST COMPANY, : Defendant NO. 04-732 CIVIL TERM ORDER OF COURT AND NOW, this 15t day of August, 2005, upon consideration of Plaintiffs Motion To Dismiss Defendant's Objections and To Compel Defendant To File Complete Responsive Answers to Plaintiffs Interrogatories, a discovery conference is scheduled in chambers of the undersigned judge for Monday, September 19,2005, at 9:30 a. m., BY THE COURT, 13dchard C. Snelbaker, Esq. V44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 Attorney for Plaintiff J. :rc Jttyson R. Wolfgang, Esq. /Nicole L. Borda, Esq. P.O. Box 12023 Harrisburg, P A 17108-2023 Attorneys for Defendant ! h'\ \] \ ,- C\\\'\7. _ '1' ;,( I ."~- \. ;,:\..1 \ \'l"/'\.~\-: :', ~,..1 ::~ '\1' .1\\ f\w\I.I.:,j;,.,\~J; ,.,y__".J ...,J' I. -,'v -:0\ ~;:.:~f(I::n1,::\ EARNEST F. ZIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, : Defendant NO. 04-732 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of August, 2005, due to a conflict in the Court's schedule, the discovery conference regarding Plaintiffs Motion To Dismiss Defendant's Objections and To Compel Defendant To File Complete Responsive Answers to Plaintiffs Interrogatories is rescheduled from September 19,2005, to Friday, September 30,2005, at 11:00 a.m., in chambers of the undersigned judge. BY THE COURT, ~- Jr., , J. Richard C, Snelbaker, Esq. 44 West Main Street P,O. Box 318 Mechanicsburg, P A 17055-0318 Attorney for Plaintiff Jayson R. Wolfgang, Esq. Nicole L. Borda, Esq. P.O. Box 12023 Harrisburg, P A 17108-2023 Attorneys for Defendant , ? ~ ,/Y>1A..d-ul cs:-.'OJ :rc '<;':;:<','" r. S :8 11\1 9Z tmv son Al:NlGi:vrL!J::Jd :JHl :10 :j:)i:l:lO-Q31!:l - EARNEST F. ZIMMERMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-732 MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant CIVIL ACTION - LAW STIPULATION OF COUNSEL TO AMEND PLAINTIFF'S COMPLAINT AND NOW, come the parties by their respective undersigned counsel, and at Plaintiff's request, agree that paragraph 12 of Plaintiffs Complaint is hereby modified and amended to read as follows: 12. In the course of utilizing the Williams Grove Road Property as collateral for a new loan, Plaintiff discovered that Mortgage # 1 was not satisfied as anticipated. The parties further agree that paragraph 12 of Defendant's Answer with New Matter shall be deemed responsive to paragraph 12 of the Complaint as amended above, and that Defendant's Answer with New Matter need not be amended. SNELBAKER & BRENNEMAN, P.C. BUCHANAN INGERSOLL PC By: -d .----- Rich elbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 Attorneys for Plaintiff DATE: 0/;>,.,/0(' DATE: ~/)J./D~ r-' "" 1;:::;) d' (f) c:; \ cP o -(\ ::(.-<' pi-;::;:' '-- :J~?:i) ::1::~" JlJ, ..,~ ')CJ ,:z. --0 -::;. '-:? -- -' EARNEST F, ZIMMERMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW MANUFACTURERS AND TRADERS TRUST COMPANY, Defendant 04-732 CIVIL TERM IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 30th day of September, 2005, upon consideration of Plaintiff's Motion To Dismiss Defendant's Objections and To Compel Defendant To File Complete Responsive Answers to Plaintiff's Interrogatories, and following a conference in chambers in which Plaintiff was represented by Richard C, Snelbaker, Esquire, and Keith 0, Brenneman, Esquire, and Defendant was represented by Jayson R. Wolfgang, Esquire, Plaintiff's motion is granted to the extent of the following: 1. Within 45 days of today's date Defendant shall serve upon Plaintiff's counsel, in verified form, detailed answers as to what Defendant's anticipated witnesses will state in testimony; 2, Within 45 days of today's date Defendant shall serve upon Plaintiff's counsel, in verified form, a list of exhibits anticipated to be introduced by Defendant at trial; 3, Within 45 days of today's date Defendant shall serve upon Plaintiff's counsel, in verified form, statements as to the evidence anticipated to be presented by Defendant at trial in support of its affirmative defenses relating to the statute of limitations, the statute of frauds, the parol evidence rule, accord and satisfaction, and laches; and 4. Nothing herein is intended to preclude \In::: 11 : II lH1 L - DO SOUZ Ai:J'v'.LCl ;::;:',0(33 "Hi ::JO j~)!j::,!C}D:::n!::l Defendant from including in the responses required herein a discovery proceeds. reservation of the right to supplement said responses as Richard C. Snelbaker, Esquire Keith O. Brenneman, Esquire 44 West Main Street P.O, box 318 Mechanicsburg, PA 17055-0318 For Plaintiff Jayson R. Wolfgang, Esquire p,O, Box 12023 Harrisburg, PA 17108-2023 For Defendant :mae By the Court, ~ ~ 10./Oo..! ~, EARNEST F, ZIMMERMAN) Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY) PENNSYLVANIA v, : NO. 04-732 MANUFACTURERS AND TRADERS TRUST COMPANY) Defendant : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE AND DISMISS WITH PREJUDICE TO THE PROTHONOTARY: Please mark the above-captioned matter SETTLED, DISCONTINUED and DISMISSED) for all purposes) with prejudice, P. C. by: ' 4' h.J Rich C, nelbaker) Esquire 44 West Main Street Mechanicsburg) P A 17055 Attorney for Plaintiff Earnest F, Zimmerman February ~I ' 2007 B -~ _vl5.-' !];J r;;' ~.~... (J'i( ~..?;. ~J~~ J;i~- ..;.'~ ('. $;0' ~' ~ ~ ~ ~ ~iIII .z:.. ""-.J S:t ~ Sf? ill ~ tti rIi;',!J ~ J5/; 0'-' $If; 9A es/W !if """