On June 09, 2022 a
Party Statement
was filed
involving a dispute between
Farm Credit East, Aca,
and
Capital One Bank,
David A. Ficarella,
David A. Ficarella
Trustee Of The David A. Ficarella Living Trust Dated November 28, 2005,
First National Bank Of Omaha -
A Subsidiary Of First National Bank Of Nebraska, Inc.,
John Doe,
Kate Ficarella,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Genesee County.
Preview
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/09/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF GENESEE
Farm Credit East, ACA, Index No.
Plaintiff
CERTIFICATE OF MERIT
PURSUANT TO CPLR
3012-b
David A. Ficarella, Trustee of the David A. Ficarella
Living Trust dated November 28, 2005
Mortgaged Premises Address:
David A. Ficarella 8507 Lovers Road
Lane
Kate Ficarella . Batavia, NY 14020
Capital One Bank (USA), NA Tax Parcel: 11.-2-116.11
First National Bank of Omaha - Tom of Batavia
County of Genesee
A Subsidary of First National Bank of Nebraska, Inc.
and "John Doe", said name being fictitious
and intended to include any and allparties
having an interest in the mortgaged premises
and not otherwise identified above,
Defendants.
I am an attorney at law duly licensed to practice in the State of New York, and am affiliated
with the law firm of Harris Beach PLLC, attorney for plaintiff, Farm Credit East, ACA, in this action,
and affirm the following statements are true under penalty of perjury:
1. This is not a residential foreclosure action; this matter does not involve a home loan,
as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information
and belief, defendant David A. Ficarella, Trustee of the David A. Ficarella Living Trust Dated
November 28, 2005 is the owner of the property subject to foreclosure; defendants, David A.
Ficarella and Kate Ficarella, are residents of the property subject to foreclosure. This Certificate of
Merit is being filed out of an abundance of caution.
2. I have reviewed the facts of this case and reviewed pertinent documents, including the
mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all
instruments of assignment (if any), and all other instruments of indebtedness including any
modification, extension and consolidation.
3. I have consulted about the facts of this case with the following representative(s) of
plaintiff: Patrick Coates, Branch Office Manager.
HARRIS BEACH e
ATTORNEYS
ATLAW
1 of 2
FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/09/2022
4. Upon this review and consultation, to the best of my knowledge, information, and
belief, I certify that there is a reasonable basis for the commencement ofthis action, and that plaintiff
is the creditor entitled to enforce rights under these documents.
5. Attached hereto as Exhibit A, are copies of the following documents not otherwise
included as attachments to the summons and complaint:
[ ] Mortgage;
[ ] Security Agreement;
[ ] Note or Bond underlying the mortgage executed by the defendant(s);
[ ] all instruments of assignment (if any); and
[ ] any other instrument of indebtedness, including any modification, extension and
consolidation.
[X] Check this box if no documents are attached in Exhibit A, but are attached to the
summons and complaint.
6. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that
certain documents as described in paragraph 5, supra are lost, whether by destruction, theft, or
otherwise. (Check box if no documents are attached in Exhibit B: [X].)
7. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Dated: ..1NQ , 2022
HARRIS BEACH PLLC
elly C. Griffi , sq.
Attorneys for P tiff(s)
Farm Credit East, ACA
333 West Washington Street
Suite 200
Syracuse, NY 13202
315-423-7100
HARRIS BEACHE 2
ATTORNEYS
ATLAW
2 of 2
Document Filed Date
June 09, 2022
Case Filing Date
June 09, 2022
Category
Real Property - Mortgage Foreclosure - Residential
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FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/09/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF GENESEE Farm Credit East, ACA, Index No. Plaintiff CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b David A. Ficarella, Trustee of the David A. Ficarella Living Trust dated November 28, 2005 Mortgaged Premises Address: David A. Ficarella 8507 Lovers Road Lane Kate Ficarella . Batavia, NY 14020 Capital One Bank (USA), NA Tax Parcel: 11.-2-116.11 First National Bank of Omaha - Tom of Batavia County of Genesee A Subsidary of First National Bank of Nebraska, Inc. and "John Doe", said name being fictitious and intended to include any and allparties having an interest in the mortgaged premises and not otherwise identified above, Defendants. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm of Harris Beach PLLC, attorney for plaintiff, Farm Credit East, ACA, in this action, and affirm the following statements are true under penalty of perjury: 1. This is not a residential foreclosure action; this matter does not involve a home loan, as such term is defined in Real Property Actions and Proceedings Law §1304. Upon information and belief, defendant David A. Ficarella, Trustee of the David A. Ficarella Living Trust Dated November 28, 2005 is the owner of the property subject to foreclosure; defendants, David A. Ficarella and Kate Ficarella, are residents of the property subject to foreclosure. This Certificate of Merit is being filed out of an abundance of caution. 2. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension and consolidation. 3. I have consulted about the facts of this case with the following representative(s) of plaintiff: Patrick Coates, Branch Office Manager. HARRIS BEACH e ATTORNEYS ATLAW 1 of 2 FILED: GENESEE COUNTY CLERK 06/09/2022 11:54 AM INDEX NO. E69938 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 06/09/2022 4. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement ofthis action, and that plaintiff is the creditor entitled to enforce rights under these documents. 5. Attached hereto as Exhibit A, are copies of the following documents not otherwise included as attachments to the summons and complaint: [ ] Mortgage; [ ] Security Agreement; [ ] Note or Bond underlying the mortgage executed by the defendant(s); [ ] all instruments of assignment (if any); and [ ] any other instrument of indebtedness, including any modification, extension and consolidation. [X] Check this box if no documents are attached in Exhibit A, but are attached to the summons and complaint. 6. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 5, supra are lost, whether by destruction, theft, or otherwise. (Check box if no documents are attached in Exhibit B: [X].) 7. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated: ..1NQ , 2022 HARRIS BEACH PLLC elly C. Griffi , sq. Attorneys for P tiff(s) Farm Credit East, ACA 333 West Washington Street Suite 200 Syracuse, NY 13202 315-423-7100 HARRIS BEACHE 2 ATTORNEYS ATLAW 2 of 2