Preview
FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
SUPREMECOURTOFTHE STATE OFNEWYORK INDEXNO.
COUNTYOFDUTCHESS
WELLSFARGO
BANK, N.A.,
Plaintiff designates DUTCHESS as the place
Plaintiff, of trial situs of the real property
vs.
SUMMONS
JACKDEVLIN,
"JOHN DOE#1" through "JOHN DOE#12," the Subject Property:
last twelve names being ?ctitious and unknown to 4 ASHCOURT
plaintiff, the persons or parties intended being the POUGHKEEPSIE,NY 12603
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
To the above named Defendants
YOUAREHEREBYSUMMONED
to answer the complaint in this and to serve a copy of
action
your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the
Plaintiff‘sAttorney within 20 days after the service of
this summons, exclusive of the day of service (or
Within 30 days after the service is complete if this summons is not personally delivered to you within the
State of NewYork) in the event the United States of America is made a party defendant, the time to answer
for the said United States of America shall not expire until (60) days after service of the Summons; and in
case of your failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
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24—206979 - jg Drafter: Jennifer Galczynski
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NOTICE
OFLOSINGYOURHOME
YOUAREIN DANGER
If you do not respond to this summonsand complaint by serving a copy of the answer on the attorney
for the mortgage company who ?led this foreclosure proceeding against you and ?ling the answer
with the court, a default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for further information on how
to answer the summonsand protect your property.
Sending a payment to the mortgage company will not stop the foreclosure action.
YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR
THEPLAINTIFF (MORTGAGE COMPANY)ANDFILING THEANSWERWITHTHECOURT.
Please take further notice that any right you may have pursuant to the Fair Debt Collection Practices Act
to dispute the validity or amount of the debt does not change the time within which you must answer this
summons and complaint. You must follow the instructions contained in the summons even if you dispute
the validity or amount of the debt.
Dated: May 7, 2024
Robertson, Anschutz, Schneid,
Crane &
Partners, PLLC
Attorney for Plaintiff
BY:
[ ]
3
SARAg. ORISKIN, ESQ.
I E :
[ ] ANTHONYCELLUCCI, ESQ.
[ ] SCOTTR. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
24-206979 - Drafter: Jennifer
jg Galczynski
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FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
Help for Homeowners in Foreclosure
New York State Law requires that we send you this notice about the
foreclosure process. Please read it carefully.
Summonsand Complaint
You are danger of losing your home. If you fail to respond to the summons
in
and complaint in this foreclosure action, you may lose your home. Please read
the summons and complaint carefully. You should immediately contact an
attorney or your local legal aid office to obtain advice on how to protect
yourself.
Sources of Information and Assistance
The State encourages you to become informed about your options in
foreclosure. In addition to seeking assistance from an attorney or legal aid
of?ce, there are government agencies and non-pro?t organizations that you
may contact for information about possible options, including trying to work
with your lender during this process.
To locate an entity near you, you may call the toll—free helpline maintained by
the New York State Department of Financial Services at (800)342-3736 or
visit the Department's website at https://www.dfs.ny.gov.
Rights and Obligations
YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME.
You have the right to stay inyour home during the foreclosure process. You
are not required to leave your home unless and until your property is sold at
auction pursuant to a judgment of foreclosure and sale.
Regardless ofwhether you choose to remain in your home, YOUARE
REQUIREDTOTAKECAREOF YOURPROPERTY
and pay property
taxes in accordance with state and local law.
Page 1 of 2
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FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
Foreclosure rescue scams
Be careful of people who approach you with offers to “save” your home.
"
i There are individuals who watch for notices of foreclosure actions in order to
unfairly pro?t from a homeowner's distress. You should be extremely careful
about any such promises and any suggestions that you pay them a fee or sign
over your deed. State law requires anyone offering such services for pro?t to
enter into a contract which fully describes the services they will perform and
fees they will charge, and which prohibits them from taking any money from
you until they have completed all such promised services.
Page 2 of 2
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
SUPREMECOURTOFTHE STATE OF NEWYORK
COUNTYOFDUTCHESS
INDEXNO.
WELLSFARGO
BANK, N.A.,
COMPLAINT
Plaintiff,
vs. Subject Property:
4 ASHCOURT
POUGHKEEPSIE,NY 12603
JACKDEVLIN,
"JOHN DOE#1" through "JOHN DOE#12," the last
twelve names being ?ctitious and unknown to
plaintiff, the persons or parties intended being the
tenants, occupants, persons or corporations, if any,
having or claiming an interest in or lien upon the
premises, described in the complaint,
Defendants.
The complaint of the above-namedplaintiff, by Robertson, Anschutz, Schneid, Crane & Partners,
PLLC, its attorneys, alleges upon information and belief as follows:
1. Plaintiff is organized under the laws of the United States of America or its state of formation.
2. On November 2, 2018, JACKDEVLIN duly executed and delivered a note whereby JACK
DEVLINpromised to pay the sumof $260,000.00 plus interest as set forth in said note. A copy of said
note is annexed hereto.
3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to
establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff
has possession and control of the original note and mortgage, which note is secured by the mortgage
identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent
that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right
to foreclose the subject note and mortgage pursuant to NewYork law.
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4. That to secure the payment of the sumrepresented by said note, JACKDEVLIN, duly executed
and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid:
Recording Date: November 7, 2018
County: DUTCHESS
Document Number01-2018-6919
Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the
?ling of the complaint. A copy of said mortgage is annexed hereto.
5. Said mortgage secured the real property known as 4 ASHCOURT,POUGHKEEPSIE,NEW
YORK12603 and by Section 6360, Block 01, Lot 453775 together with all ?xtures and articles of
personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is
more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A
annexed.
6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority
to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage.
7. Plaintiff has complied with all conditions precedent contained in the mortgage, if any.
8. To the extent applicable, Plaintiff has complied with RPAPL1304 and RPAPL1306.
9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law
section 595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6-
m.
10. That Defendants failed to comply with the conditions of the note and mortgage by failing to
make the payment that became due on December 1, 2023 and each subsequent payment thereafter.
11. That by reason of such defaults, Plaintiff hereby declares the balance of the principal
indebtedness immediately due and payable.
12. That there is now due and owing to the plaintiff, the principal sum of $238,734.44 with interest
thereon from November 1, 2023 plus accumulated late charges together with any sums advanced by the
plaintiff on behalf of defendant.
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jg Galczynski
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13. That plaintiff shall not be deemed to have waived, altered, released or changed the election
hereinbefore made by reason of the payment after the date of the commencement of this action, of any
or all of the defaults mentioned herein; and such election shall continue and remain effective until the
costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note
and mortgage, and occurring prior to the discontinuance of this action are fully paid.
14. That to protect its security afforded by said note and mortgage, it may be necessary for the
plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens
on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff
hereby demands that any amounts which may be so expended shall be added to the amount of the
principal sum secured by said note and mortgage, together with interest from the time of any such
payment, and that the samebe paid to the plaintiff from the proceeds of the foreclosure sale herein.
15. That the plaintiff alleges that no other proceedings have been had for the recovery of the
mortgage indebtedness or if any such action is pending, a ?nal judgment was not rendered in favor of
Plaintiff and such action is intended to be discontinued.
16. That plaintiff further alleges that all the defendants have, or may claim to have, some interest
in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject
and subordinate to the lien of the mortgage being foreclosed.
17. The description of each of the named party defendants interest is set out on Schedule "B”
annexed.
18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule “C”
annexed.
19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable
attorneys’ fees incurred by plaintiff to protect or enforce plaintiff‘s security interest in the premises.
20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an
accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of
record, and to any and all Violations thereof; any and all building and zoning regulations, restrictions
and ordinances of the municipality in which said premises are situated, and to any Violations of the
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jg Galczynski
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same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all
orders or requirements issued by any governmental body having jurisdiction against or affecting said
premises and any Violation of the same; the physical condition of any building or structure on the
premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and
judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights
of any defendants pursuant to CPLRSection 317, CPLRSection 2003 and CPLRSection 5015, if any;
any and all Hazardous Materials in the premises including, but not limited to, ?ammable explosives,
radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic
substances; and other conditions as set forth in the terms of sale more particularly to be announced at
the sale.
THEREMAINDEROFTHIS PAGEIS INTENTIONALLY LEFT BLANK
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jg Galczynski
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WHEREFORE,
plaintiff demandsjudgment against the defendants as follows:
A. The defendants and each of them, and all persons claiming under them, or any of them
subsequent to the commencement of this action and the ?ling of the Notice of Pendency thereof,
may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the
mortgaged premises;
B. Said mortgaged premises be sold subject to the state of facts an accurate survey will
show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and
to any and all violations thereof; any and all building and zoning regulations, restrictions and
ordinances of the municipality in which said premises are situated, and to any violations of the
same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any
and all orders or requirements issued by any governmental body having jurisdiction against or
affecting said premises and any violation of the same; the physical condition of any building or
structure on the premises as of the date of closing hereunder; rights of tenants in possession, if
any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United
States of America, if any; rights of any defendants pursuant to CPLRSection 317, CPLRSection
2003 and CPLRSection 5015, if any; any and all Hazardous Materials in the premises including,
but not limited to, ?ammable explosives, radioactive materials, hazardous wastes, asbestos or any
material containing asbestos, and toxic substances; and other conditions as set forth in the terms
of sale more particularly to be announced at the sale.
C. Said premises may be decreed to be sold in one parcel according to law subject to the
various items set forth in allegations of the complaint herein;
D. The monies arising from the sale may be brought into court;
E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein,
together with interest to the time of such payment, together with the sums expended by plaintiff
prior to and during the pendency of this action, and for thirty days after any sale demanded herein
for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and
essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums
expended for the protection or preservation of the property covered by said mortgage and note,
and the amount secured thereby, with interest thereon from the time of such payment and the
costs and expenses of this action including reasonable attorneys’ fees so far as the amount of
such monies properly applicable thereto will pay the same;
F. The plaintiff be decreed to be the owner of any and all personal property used in
connection with the said mortgaged premises, except if discharged in bankruptcy;
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G. The obligors may be adjudged to pay any deficiency which may remain after applying all
of said monies so applicable thereto unless the obligors were discharged in bankruptcy;
H. awarding the relief requested in the additional causes of action stated in the complaint, if
3113’;
1. Plaintiff shall have such other and further relief or both, in the premises as shall be just
and equitable.
Dated: May 7, 2024
Robertson, Anschutz, Schneid,
Crane &
Partners, PLLC
Attorney for Plaintiff
[ ] SARA . ORISKIN, ESQ.
[ ] ANTHONYCELLUCCI, ESQ.
[ ] SCOTTR. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
900 Merchants Concourse, Suite 310
Westbury, NY 11590
516-280-7675
24-206979 - Drafter: Jennifer
jg Galczynski
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024
Index Number:
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTYOFDUTCHESS
WELLSFARGOBANK, N.A.,
Plaintiff,
-against-
JACKDEVLIN,
"JOHN DOE#1" through "JOHN DOE#12," the last twelve
names being ?ctitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations, if any, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendants.
SUMMONS
ANDCOMPLAINT
Robertson, Anschutz, Schneid,
Crane & Partners, PLLC
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
Compliance with Rule 130-1 .l a
[ g] 5%; BORISKIN,
ANTHONYCELLUCCI, ESQ.
ESQ.
[ ]
[ ] SCOTTR. WEISS, ESQ.
[X] KELLY R. FABER, ESQ.
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Preview
FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPREMECOURTOFTHE STATE OFNEWYORK INDEXNO. COUNTYOFDUTCHESS WELLSFARGO BANK, N.A., Plaintiff designates DUTCHESS as the place Plaintiff, of trial situs of the real property vs. SUMMONS JACKDEVLIN, "JOHN DOE#1" through "JOHN DOE#12," the Subject Property: last twelve names being ?ctitious and unknown to 4 ASHCOURT plaintiff, the persons or parties intended being the POUGHKEEPSIE,NY 12603 tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. To the above named Defendants YOUAREHEREBYSUMMONED to answer the complaint in this and to serve a copy of action your answer, or, if the complaint is not served with this summons, to serve a notice of appearance on the Plaintiff‘sAttorney within 20 days after the service of this summons, exclusive of the day of service (or Within 30 days after the service is complete if this summons is not personally delivered to you within the State of NewYork) in the event the United States of America is made a party defendant, the time to answer for the said United States of America shall not expire until (60) days after service of the Summons; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. |||||||||||||||||||||||||||||||||||||||||||||| |||||||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||||||||| 24—206979 - jg Drafter: Jennifer Galczynski 1 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 NOTICE OFLOSINGYOURHOME YOUAREIN DANGER If you do not respond to this summonsand complaint by serving a copy of the answer on the attorney for the mortgage company who ?led this foreclosure proceeding against you and ?ling the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summonsand protect your property. Sending a payment to the mortgage company will not stop the foreclosure action. YOUMUSTRESPOND BY SERVINGA COPYOFTHEANSWER ONTHEATTORNEYFOR THEPLAINTIFF (MORTGAGE COMPANY)ANDFILING THEANSWERWITHTHECOURT. Please take further notice that any right you may have pursuant to the Fair Debt Collection Practices Act to dispute the validity or amount of the debt does not change the time within which you must answer this summons and complaint. You must follow the instructions contained in the summons even if you dispute the validity or amount of the debt. Dated: May 7, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff BY: [ ] 3 SARAg. ORISKIN, ESQ. I E : [ ] ANTHONYCELLUCCI, ESQ. [ ] SCOTTR. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 24-206979 - Drafter: Jennifer jg Galczynski 2 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Help for Homeowners in Foreclosure New York State Law requires that we send you this notice about the foreclosure process. Please read it carefully. Summonsand Complaint You are danger of losing your home. If you fail to respond to the summons in and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. Sources of Information and Assistance The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid of?ce, there are government agencies and non-pro?t organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll—free helpline maintained by the New York State Department of Financial Services at (800)342-3736 or visit the Department's website at https://www.dfs.ny.gov. Rights and Obligations YOUARENOTREQUIREDTO LEAVE YOURHOMEAT THIS TIME. You have the right to stay inyour home during the foreclosure process. You are not required to leave your home unless and until your property is sold at auction pursuant to a judgment of foreclosure and sale. Regardless ofwhether you choose to remain in your home, YOUARE REQUIREDTOTAKECAREOF YOURPROPERTY and pay property taxes in accordance with state and local law. Page 1 of 2 3 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Foreclosure rescue scams Be careful of people who approach you with offers to “save” your home. " i There are individuals who watch for notices of foreclosure actions in order to unfairly pro?t from a homeowner's distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for pro?t to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Page 2 of 2 4 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 SUPREMECOURTOFTHE STATE OF NEWYORK COUNTYOFDUTCHESS INDEXNO. WELLSFARGO BANK, N.A., COMPLAINT Plaintiff, vs. Subject Property: 4 ASHCOURT POUGHKEEPSIE,NY 12603 JACKDEVLIN, "JOHN DOE#1" through "JOHN DOE#12," the last twelve names being ?ctitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. The complaint of the above-namedplaintiff, by Robertson, Anschutz, Schneid, Crane & Partners, PLLC, its attorneys, alleges upon information and belief as follows: 1. Plaintiff is organized under the laws of the United States of America or its state of formation. 2. On November 2, 2018, JACKDEVLIN duly executed and delivered a note whereby JACK DEVLINpromised to pay the sumof $260,000.00 plus interest as set forth in said note. A copy of said note is annexed hereto. 3. Plaintiff, directly or through an agent has complied with all applicable laws in an attempt to establish ownership and/or possession of the subject note and the right to foreclosure of same. Plaintiff has possession and control of the original note and mortgage, which note is secured by the mortgage identified below, and the said note is either made payable to Plaintiff or is duly indorsed. To the extent that the original note or interim assignments of mortgage are lost or unavailable, Plaintiff has the right to foreclose the subject note and mortgage pursuant to NewYork law. 24—206979 - jg Drafter: Jennifer Galczynski 5 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 4. That to secure the payment of the sumrepresented by said note, JACKDEVLIN, duly executed and delivered a mortgage which was recorded as follows and the mortgage tax thereon was duly paid: Recording Date: November 7, 2018 County: DUTCHESS Document Number01-2018-6919 Said mortgage was assigned to Plaintiff by assignment of mortgage duly executed on a date prior to the ?ling of the complaint. A copy of said mortgage is annexed hereto. 5. Said mortgage secured the real property known as 4 ASHCOURT,POUGHKEEPSIE,NEW YORK12603 and by Section 6360, Block 01, Lot 453775 together with all ?xtures and articles of personal property annexed to, installed in, or used in connection with the mortgaged premises, all as is more fully set forth in said mortgage. A copy of the legal description is set forth on Schedule A annexed. 6. Plaintiff is the owner and holder of said note and mortgage or has been delegated the authority to institute a mortgage foreclosure action by the owner and holder of the said note and mortgage. 7. Plaintiff has complied with all conditions precedent contained in the mortgage, if any. 8. To the extent applicable, Plaintiff has complied with RPAPL1304 and RPAPL1306. 9. To the extent applicable, Plaintiff has complied with all of the provisions of Banking Law section 595-a and any rules and regulations promulgated thereunder, Banking Law sections 6-1 and 6- m. 10. That Defendants failed to comply with the conditions of the note and mortgage by failing to make the payment that became due on December 1, 2023 and each subsequent payment thereafter. 11. That by reason of such defaults, Plaintiff hereby declares the balance of the principal indebtedness immediately due and payable. 12. That there is now due and owing to the plaintiff, the principal sum of $238,734.44 with interest thereon from November 1, 2023 plus accumulated late charges together with any sums advanced by the plaintiff on behalf of defendant. 24-206979 - Drafter: Jennifer jg Galczynski 6 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 13. That plaintiff shall not be deemed to have waived, altered, released or changed the election hereinbefore made by reason of the payment after the date of the commencement of this action, of any or all of the defaults mentioned herein; and such election shall continue and remain effective until the costs and disbursements of this action, and any and all future defaults under the aforesaid bond or note and mortgage, and occurring prior to the discontinuance of this action are fully paid. 14. That to protect its security afforded by said note and mortgage, it may be necessary for the plaintiff to pay taxes, assessments, water rates and insurance premiums which are, or may become liens on the mortgaged premises, and any other charges for the protection of the premises, and plaintiff hereby demands that any amounts which may be so expended shall be added to the amount of the principal sum secured by said note and mortgage, together with interest from the time of any such payment, and that the samebe paid to the plaintiff from the proceeds of the foreclosure sale herein. 15. That the plaintiff alleges that no other proceedings have been had for the recovery of the mortgage indebtedness or if any such action is pending, a ?nal judgment was not rendered in favor of Plaintiff and such action is intended to be discontinued. 16. That plaintiff further alleges that all the defendants have, or may claim to have, some interest in, or lien upon the mortgaged premises, or some part thereof, which interest or lien, if any, is subject and subordinate to the lien of the mortgage being foreclosed. 17. The description of each of the named party defendants interest is set out on Schedule "B” annexed. 18. The interest or lien of each of the named party defendants, if any, is set forth in Schedule “C” annexed. 19. The terms of said mortgage provide that defendants shall be liable to plaintiff for reasonable attorneys’ fees incurred by plaintiff to protect or enforce plaintiff‘s security interest in the premises. 20. That the sale of the mortgaged premises and title thereto are subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all Violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any Violations of the 24-206979 - Drafter: Jennifer jg Galczynski 7 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any Violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLRSection 317, CPLRSection 2003 and CPLRSection 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, ?ammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. THEREMAINDEROFTHIS PAGEIS INTENTIONALLY LEFT BLANK 24-206979 - Drafter: Jennifer jg Galczynski 8 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 WHEREFORE, plaintiff demandsjudgment against the defendants as follows: A. The defendants and each of them, and all persons claiming under them, or any of them subsequent to the commencement of this action and the ?ling of the Notice of Pendency thereof, may be barred and foreclosed of all right, title, claim, lien and equity of redemption in the mortgaged premises; B. Said mortgaged premises be sold subject to the state of facts an accurate survey will show; all covenants, restrictions, easements, agreements and reservations, if any, of record, and to any and all violations thereof; any and all building and zoning regulations, restrictions and ordinances of the municipality in which said premises are situated, and to any violations of the same, including, but not limited to, reapportionment of lot lines, and vault charges, if any; any and all orders or requirements issued by any governmental body having jurisdiction against or affecting said premises and any violation of the same; the physical condition of any building or structure on the premises as of the date of closing hereunder; rights of tenants in possession, if any; prior mortgages and judgments, if any, now liens of record; right of Redemption of United States of America, if any; rights of any defendants pursuant to CPLRSection 317, CPLRSection 2003 and CPLRSection 5015, if any; any and all Hazardous Materials in the premises including, but not limited to, ?ammable explosives, radioactive materials, hazardous wastes, asbestos or any material containing asbestos, and toxic substances; and other conditions as set forth in the terms of sale more particularly to be announced at the sale. C. Said premises may be decreed to be sold in one parcel according to law subject to the various items set forth in allegations of the complaint herein; D. The monies arising from the sale may be brought into court; E. Plaintiff may be paid the amount due on said note and mortgage as alleged herein, together with interest to the time of such payment, together with the sums expended by plaintiff prior to and during the pendency of this action, and for thirty days after any sale demanded herein for taxes, water rates, sewer rents, assessments, insurance premiums and other necessary and essential charges or expenses in connection therewith to protect the mortgage lien, plus any sums expended for the protection or preservation of the property covered by said mortgage and note, and the amount secured thereby, with interest thereon from the time of such payment and the costs and expenses of this action including reasonable attorneys’ fees so far as the amount of such monies properly applicable thereto will pay the same; F. The plaintiff be decreed to be the owner of any and all personal property used in connection with the said mortgaged premises, except if discharged in bankruptcy; 24-206979 - Drafter: Jennifer jg Galczynski 9 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 G. The obligors may be adjudged to pay any deficiency which may remain after applying all of said monies so applicable thereto unless the obligors were discharged in bankruptcy; H. awarding the relief requested in the additional causes of action stated in the complaint, if 3113’; 1. Plaintiff shall have such other and further relief or both, in the premises as shall be just and equitable. Dated: May 7, 2024 Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorney for Plaintiff [ ] SARA . ORISKIN, ESQ. [ ] ANTHONYCELLUCCI, ESQ. [ ] SCOTTR. WEISS, ESQ. [X] KELLY R. FABER, ESQ. 900 Merchants Concourse, Suite 310 Westbury, NY 11590 516-280-7675 24-206979 - Drafter: Jennifer jg Galczynski 10 of 11 FILED: DUTCHESS COUNTY CLERK 05/14/2024 01:03 PM INDEX NO. 2024-52014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/14/2024 Index Number: SUPREMECOURTOFTHESTATEOFNEWYORK COUNTYOFDUTCHESS WELLSFARGOBANK, N.A., Plaintiff, -against- JACKDEVLIN, "JOHN DOE#1" through "JOHN DOE#12," the last twelve names being ?ctitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendants. SUMMONS ANDCOMPLAINT Robertson, Anschutz, Schneid, Crane & Partners, PLLC Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 Compliance with Rule 130-1 .l a [ g] 5%; BORISKIN, ANTHONYCELLUCCI, ESQ. ESQ. [ ] [ ] SCOTTR. WEISS, ESQ. [X] KELLY R. FABER, ESQ. |||||||||||||I|||||||||||||||||||||||||||||||| |||||||||||||||||||||||||||||||||||||||||||||||||||| ||||||||||||||||||||||||||||||I|||||| 24-206979 - Drafter: Jennifer jg Galczynski 11 of 11