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Home My WebLink About01-1879 FEDERMAN AND PHELAN, LLP By: FRA~ FEDERMAN, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLA/NTIFF ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS GMAC MORTGAGE CORPO~TION CWIL DWISION 500 ENTERPRI~;E ROAD SUITE 150 HORSHAM, PA 19044 Plaintiff TERM V. NO. JEFFREY L. ZAMBERLAN, EXECUTOR CUMBERLAND COUNTY AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN 111 PUTNAM STREET SCOTT DEPOT, WV 25560 Defendant NOTICE **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 CLt'MBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 306373468/KXM 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. ! ! 00, 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. 6 ! 1, 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. 6. The following amounts are due on the mortgage: Principal Balance Interest $31,879.45 10/01/00 through 02/01/0 ! 784.92 (Per Diem $6.33) Attorney's Fees Cumulative Late Charges 1,593.00 11/03/92 to 02/01/01 51.12 Cost of Suit and Title Search Subtotal ~ $34,858.49 Escrow Credit Deficit 482.51 Subtotal Il.D_0 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 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 Decedent's survivi . _ Cumberland County, No. 21-200 - ng sole dev~see at law and next-of-kin is JEFFREY L. ZAMBER~~~I~' 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. __/s/Frank Federmar FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff .All T'~~ C~.-RT ~Z ~ · ' 0~ ~z~ , ~ · Shown ~_ "~e~c.h~ ~o~ ~~u~ eleven (Ii) ~ -~qe be~veea a Po~; thence along :he ~a~e no.th Seven fou~ (34) ~inUtes eas~ ~ven[3_th~e ~-ei~h: (~"~ /~. ~,.) feet to., ~ ~-6) ma.-- "~ ~ai~ div:i ~oint. ~e ~-_ - s~x:y_cw2~_ ~e South Lots ~os. ~ , 3. 70) ~-~ue o-' ~-- ~ ~nc s .... eleven (11) ~ and 3~ on'~ -' ~41. ~eco~ded in CUmber!and County ~V~G thereon e~eeted a tow~ 15S West V~,e Street. OUse known and numbered as ~E~NG the ~enns e D~ ~ · .. 3lVania C J ~lses wh;~= -. · ' ~ and ~e .... ~-anted a-~ - ~ ~nte~ ~ ' CUmberland Count3 c~'=ed ~ the 0~;~ ~Onveyed b~j~es. ~c., a ' :UNDER and S · Volunle 2~, "~ ~eco~de~ ~a~ed N ..... U~~ . _ ~a~e 215 to of Deeds o~ ~lsc ~--~mbe~ 1 ~j~o a Decla .... . ~oo~ ~n ~_~"? and =~lt~On o~ c ..... . -- e~ents ~he ~a~tees he~e~, thei~ heirs and · fo~ the contiaued ~a~tenanee of the e~ected on ~he with~ describ P~ty Wall Shall enC~oac 11 ~v- an - ~ade Sub3ec: h Upon ed to ~e rights . -~ LoC 3~t° the extent t.hat ~e the adjoina~ Lot 3~ ~o ~ae~s of th~ , ~ ,his c e Wall :o :he extent SHIRLEY..I. EADS hereby states that she is FORECLoSE'RE SPECIALIST ot'G~,LAC MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to ta~e this Verification, and that the statements made in the Foregoing Civil .Action in Mortgage Foreclosure are true and correct to the best of'her knOW/edge, information and belie£ The Undersigned Understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unSWorn falsification to authorities. DATE: SHERIFF' S RETURN - NOT FOUND CASE NO' 2001-01879 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CIIMBERLAND 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 but was ZAMBERLAN JEFFREY L EXECUTOR unable to locate Hi___~m 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 ADVISEDMOVEDTO111PUT SCOTT DEPOT, WV 25560-9206 ' Sheriff's Costs' : .......... ' Docketing 18.00 Service 7.44 .--~Thomas Kline Affidavit .00 R Surcharge 10.00 Sheriff of Cumberland County .00 35.44 FEDERMAN AND PHELAN 04/19/2001 Sworn and subscribed to before me this 2.,~'~(~"~ -- day of '¢ [ ( FEDERMAN AND PHELAN, LLP By: FRA~ FEDERMAN, ESQU/RE IDENTIFICATION NO. 12248 ONE PENN CENTER PLAZA, SU/TE 1400 ATTORNEY FOR PLAINT~F PHILADELPHIA, PA 19103 COURT OF COMMON PLEAS GMAC MORTGAGE CORPo~TION CIVIL DIVISION 500 ENTERP~Y;E ROAD SUITE 150 HORSHAM, PA 19044 v. Plaintiff TERM IEFFRE¥ L. ZAMBER. LAN, EXECUTOR CUMBERLAND COUNTY AND SOLE DEVISEE OF THE ESTATE OF GEORGE B. ZAMBERLAN 111 PUTNAM STREET SCOTT DEPOT, WV 25560 Defendant **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREV/OUSLY 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 yoa. 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 c/aimed 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 WHER~ YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY )reby certi~ tt~e CUMBERLAND COUNTY BAR ASSOCIATION ~ to be a true and 2 LIBERTY AVENUE ~ct COpy Of the CARLISLE, PA 17013 ~al filed of record (717) 249-3166 :_RMAN AND PH-E.LAN 'Ir'RuE COpY Loan ~: 306373408/KXrq !.?[~ .,..,. .... .... ay o ..~~ lo Plaintiff is 0 ENTE~ ~,: TE 150'~~SE RO~'~~ TION 2. HORsH , 9o44 The name and last ~o~ address JEFF~.y L. ~~BE ~~. of the Defendant is: J 11 PUTN~ STYE~ ,~~ ~'COTT DEPo7; ~ 25560 Who is the real o, 3. ~Jcr oz the prOpe~ hereina~ On 11/03/92 mort a or GEO ter described Book No 1 ' ~COrded in th- f~ereinaFter Book ~'~a to PLA mr "~. Ol l ~ :~T~F , Page 609. 4. . o",-ent is re-g recoraed ~ ._ n~, m Mo~ ch ~-COrded i, ~ uo/03/99 ~ ~ tgage 5. id 6. The following amounts are due on the mortgage: Principal Balance Interest $31,879.45 10/01/00 through 02/01/01 784.92 (Per Diem $6.33) Attorney's Fees Cumulative Late Charges 1,593.00 11/03/92 to 02/01/01 51.12 Cost of Suit and Title Search Subtotal 55_02).0 $34,858.49 Escrow Credit Deficit 482.51 Subtotal 0210 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 Sherif£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. WHEREFOP~, PLAINTIFF demands an in mm Judgment against the Defendant(s) in the sum of $34,375.98, together with interest from 02/01/01 at the rate of $6.33 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FRANK FEDEKMAN, ESQUIRE Attorney for Plaintiff TH.%T CERT.~!,',f piece om parcel of of Si~ire~ans~o~vn. C~beriand County, bounced and descz-ibec as to a poin:, ~e place of BW-Zl%,'O Lot .'qo. 3~% on the P:an of Section I o/ Shires. an Gardens. - i4!. "- . - ~ HAVII~G the=eon erected 155 West Vine ]~E!iWG the same premises which Kauff.-..~a_~ Enter~rlses. inc., a Pennsylvania Corporation ~=anted and conveyed ~v thei~ deed date~ ~a~ 2!, 1975 and recorded in the Office of the Recorder of Deeds of- herein. ' dated ~'ov~be~ i, 197q mhd ~ecor~ed for the continued ~aLntemance of the erected on the wi:hLn described proper~y =o :he exten: that '~.e sa~.e ~.ade subjec- :o %~e r:~h~s of ~he ov/n~rs of VERIFICATION SHIKLEY J. EADS hereb.,, states that she is FORECLOSURE SPECIALIST of GNIAC NIORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification. and that :he statements made in the fore-~oino Civil Action in Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that t.his statement is made stibie~:t to the penalties or'tS P-.. C.$. Sec. 4904 re!atina to 'ans'.~o,m, falsification to aut,horities. GMAC MORTGAGE CORPORATION, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA JEFFREY L. ZAMBERLAN, . EXECUTOR AND SOLE DEVISEE OF · NO. 01-1879 CIVIL TERM THE ESTATE OF GEORGE B. · ZAMBERLAN, DECEASED, . Defendant. · 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 par[. It is admitted that Jeffrey L. Zamberlan is the 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 Plaintiff's legal counsel has refused to return telephone calls placed to it concerning the Plaintiff's 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. 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 of law, 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, 20{I}; 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 art and Denied in art. It is admitted that the Mortgagor, George B. Zamberlan died on October 27, 20011 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. WHEREFORE, Defendant respectfully requests that Plaintiff's complaint be denied and dismissed with prejudice. Respectfully submitted: COYNE & COYNE, P.C. Date: ,~7..~ ,,~~'-2~z~' By: - - ,/.~" Lisa Made Coy~, Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 53788 Attorney for Defendant VERIFICATION The facts set forth in the foregoing are tree and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unswom falsification to authorities under 18 Pa. C.S.A.. § 4904. CERTIFICAT_____~E OF SERVICE I, Lisa Made Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that tree 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. t5/3901 Market Street ~ Camp Hill, PA 17011-4227 (717) 737-0464 AFfIDAvIT OF SERVICE PLAINTIFF GMAC MORTGAGE DEFENDANT CIVIL CORPORATION CUMBERLAND (~HLMc) JEFFREy L OR L~, ' '~879 THE ES~ SOLE DEV SERVE AT. z--z' DRD~, ~' ~ Mortgage Fo --uz-, ~ 25560 ~ Civ'~ _ . reclosure Served and S De fenda ~ made kn ~,~ ~ ~.. ERVED . ~ ~ __ 0 ........ _ O'cloc ~2 cne "' ~~, ' . ~ ami - SOna/ly s .... _ Rela~ _zY. me--er . ~~ent o -~ of 1 ~ence bUSlness r Person i~ ~e of lod~i- ho refused t~ . ~ ' Charge of ~-~ in whi~ ~ u 9Zve f sa~d defendant f ~ atr c te -~t a -~uve. h~ captio~=~ ~Opy of e~al ~and~ ~ SWorn _ _ Y --=u Case o~ ~= ~~ co Sworn to and sUbsc 'bed '~ One ~/~7 Before m and / da . On t he By. · ere ..c~ uay NOT °ther-~m°ved ~ ~'O~r~'D o .~~- ~ _ Wor~ ~z~o ~ o ' ?erore ~iu sU~sc - _ . ~ ~ By- ATTORNEy OF ~Uzte 1400 - -~" ~SQUIRE _ I . D . $12 2 ~ 8 One Pe~ Center Plaza at SuburSan Station Philadelphia, PA ~ 9~ 03- ~ 799 (2~5) 563-7000 .. By: Frank Federma ~/~'~ Atty. I.D. No.: 122~8 Esquire One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103.181 (215) 563.7000 4 GMAC MORTGAG~ Attorney for Plaintiff CORPoRaTiON Plaintiff vs. Court of JEFFREy L Z~a a~ERLAN' C'- --- C°~on Pleas Defendant(s) ~~n~_w co- -- rosco ~wrr~o TO THE PROTHONOTARy: K~. dly Withdraw th . th,s Case discontinufaCo~_mplam_ t Filed' . ~c4__,~/. _ Attorney for Pla/ntifr