2019 and the Affidavits of Gordon Ditzel, Executive Manager of Petitioner, and Oscar Castellon,
independent contractor.
Brett Zinner states in his Affirmation that the Deed (Exhibit A) demonstrates that
Respondent has her primary residence at 801 Tiller Avenue, Forked River, New Jersey. The
Mortgage document for the said property, dated July 6, 2017, provides that Respondent borrowed
$613,750.00 for the purchase of the property. Page 7 of 15 from the Mortgage (initialed by
Respondent) provides:
"6. Occupancy. Borrower shall occupy, establish, and use the Property as
Borrower's principal residence within 60 days after the execution of this Security Instrument and
shall continue to occupy the Property as Borrower's principal residence for at least one year after
the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control."
It is urged that the above demonstrates that Respondent is not
occupying the subject premises as her primary residence and thus, pursuant to ETPR Section
2504.4(d), this constitutes a defense to Respondent's counterclaim seeking a lease renewal. This
is also claimed to provide grounds for further discovery of "additional bank affidavits and other
documents in Respondent's sole possession will provide further evidence of her nonprimary
residency." Petitioner raises the spector of bank fraud by Respondent concerning her
residency.
Brett Zinner states that conspicuous service is adequate and that the assertion of
counterclaims waived the defense of lack of personal jurisdiction.
Brett Zinner contends that the Lease was terminated September 30, 2018 by its own terms