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  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
  • Anthium Llc, Isanthes, Llc v. Alan Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Joy Switzer AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL TUTTLE, Russell Tuttle Jr AS HEIR AT LAW AND NEXT OF KIN OF JOSEPH RUSSELL TUTTLE, Timothy Tuttle AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, Tracey S TuttleReal Property - Mortgage Foreclosure - Residential document preview
						
                                

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FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AMINDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 EXHIBIT Q EXHIBIT Q FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 THE LAW OFFICES OF RECEIVED NYSCEF: 01/28/2022 RAMONA A. BREEN, ESQ., P.C. 623 Ford Street, Ogdensburg, New York 13669 Phone: (315) 393-6662 Fax: (315) 394-O836 Email: ramonabreentaw@rangmaitcom April 16, 2018 Rosicki, Rosicki& Associates, P.C. 26 Harvester Avenue Batavia, NY 14020 RE: BAYVIEW LOAN SERVICING LLC vs. ALAN TUTTLE et al RR&A File No. 13-001462 INDEX NO. 2015-0145681 Dear Sir or Madam: Enclosed herewith pieése find the following criginal executed documents with respect to the above mortgage foreclosure matter: 1) Guardian's Consent and Qualifying Affirmation 2) Report of Guardian ad Litem 3) Answer of Guardian ad Litem and Military Attorney 4) Notice of Appearance and Waiver of Guardian ad Litem 5) Guardian's Affirmation of Services Rendered Thanking you for your cooperaticn and attention to the above matter, I remain Very t uly yours, Ramona A. Breen RAB/mmb Enclosures FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE ----- -------------------¬------------ -----x BAYVIEW LOAN SERVICING, LLC, Plaintiff, Index No.: 2015-0145681 -against- GUARDIAN'S CONSENT AND QUALIFYING AFFIRMATION ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. x STATE OF NEW YORK ) ) ss.: COUNTY OF ST. LAWRENCE ) The undersigned, designated as Guardian Ad Litem and Military Attorney in an Order of Appointment entered in the above-entitled action, hereby consents to said appointment; and affirms that the following statements are true under penalty of perjury; I am an attorney duly admitted to practice in the Courts of this State and I am fully competent to represent, understand and protect the rights of the defendant(s) JOY SWITZER AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, and the unknown persons named in the Supplemental Summons, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors, creditors, successors in interest and generally all persons having or claiming under, by or through said defendants by purchase, inheritance, lien or otherwise of any right, title or interest in and to the premises described in the complaint herein and the respective husbands, wives, widows or widowers of them, if any, all of whose names are unknown to plaintiff. I have no adverse interest to those of the defendants. I am not connected in business with the attorney for any of the parties to this action. I am of sufficient ability to answer to the defendants for any damage which may be sustained by my negligence or misconduct in the defense of this action and I am worth the sum of over $1,000.00 over and above a r 1 debts or liabilities wed or incurred by me exclusive of my property exempt fro execution. Dated: }Û 4th ( Oill mona A. reen, Esq. Guardian A Military Attorney FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. . NO. 38 RECEIVED NYSCEF: 01/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE .............-------------------------------------------------------X BAYVIEW LOAN SERVICING, LLC, Plaintiff, IndeX No.: 2015-0145681 -against- REPORT OF GUARDIAN AD LITEM ALAN TUTTLE AS HEIR.AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. ---- -- ---- --............-----------••----X The undersigned, appointed Guardian ad Litem and Military Attorney herein, pursuant to an order of this court duly made and entered, respectfully reports as follows: 1. That I duly consented to act as Guardian ad Litem for defendant(s) JOY SWITZER AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, who may be an infant or incompetent, and as attorney for said defendant(s) who may be in the military service; that my consent to so act and qualifying affirmation will be duly filed with the Clerk of this Court, simultaneously with this report. 2. That plaintiff commenced this action pursuant to the Real Property Actions and Proceedings Law of the State of New York to foreclose a mortgage held by it on real property located within the territorial jurisdiction of this court; said premises being more fully described in the complaint herein. 3. I have examined the various mortgage instruments upon which this action is founded. I find that these papers were duly executed and acknowledged and were properly recorded in the County of St. Lawrence. 4. I am also satisfied from an examination of the documents submitted to me that the defendants have failed to pay to plaintiff the monthly installments of principal and interest and said default continues to the date hereof, and that the mortgage is in default and that the plaintiff has properly elected to deem the entire principal sum due on said mortgage instruments. 5. From all of the above, there is no question that the plaintiff is entitled to bring this action to foreclose its mortgage and the defeñdañts represeñted by me would have no defense thereto. FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 6. For the reasons set forth herein, the undersigned has no objection to the appointment of a Referee to Compute the sums due Plaintiff and for entry of a final judgment in thisaction. Dated: //lfAQ anlona A. Bre n, Esq. tA Guardianad Li Military Attorney FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE ....--------- ____.-------------- --.....-----------------------------X BAYVIEW LOAN SERVICING, LLC, Plaintiff, IndeX No.: 2015-0145681 -against- ANSWER OF GUARDIAN AD LITEM AND MILITARY ATTORNEY ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. ---.......---..---------------------- ----- --------------------------------X The defendant(s), JOY SWITZER AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, if living or if dead, their wives, husbands, heirs-at-law, neXt of kin, distributees, eXecutors, administrators, assignees, lienors, creditors, successors in interest and generally all persons haviñg or ±iming under, by or through said defendant(s), by purchase, inheritance, lien or otherwise, of any right, title or interest in and to the premises described in the complaint herein and the respective husbañds, wives, widows or widowers of them, if any, all of whose names are unknown to plaintiff, upon infonñaticñ and belief, served herein with a suppkmental summons and amended verified complaint, do hereby answer the undersigned, by the Guardian Ad Litem and Military Attorney appointed by an Order of this Court duly cñtcred in the above-entitled action; and Alleges that he is a stranger to all and singular, the matters and things set forth in the complaint in this action; and Claims such right, estate and interest in the real property of the premises described in the complaint, as they are entitled to; and Submits their right and interest i the matters queation in this a n for the protection of the Court. Dated: . amona //h){ A. () Bree sq. oA , Guardian Ad Li em a Military Attorney FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE ---- --x BAYVIEW LOAN SERVICING, LLC, Plaintiff, Index No.: 2015-0145681 -against- NOTICE OF APPEARANCE AND WAIVER OF GUARDIAN AD LITEM AND MILITARY ATTORNEY ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. x I, the undersigned, duly appointed Guardian Ad Litem and Military Attorney for defendants in this action, having duly executed a Consent, Qualifying Affidavit and Answer, hereby waive notice of all papers and pleadings herein except: copy of the signed Judgment of Foreclosure and Sale, and Notice of Sale. amona A. Breen, E . Guardian Ad Litem an Military Attorney FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE ------------------ ----- ---------- x BAYVIEW LOAN SERVICING, LLC, Plaintiff, Index No.: 2015-0145681 -against- GUARDIAN'S AFFIRMATION OF SERVICES RENDERED ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. ------ ----- --------------------x STATE OF NEW YORK ) ) ss.: COUNTY OF ST. LAWRENCE ) The undersigned, an attorney duly admitted to practice before the courts of this state respectfully shows: . This affirmation is submitted in support of your affiant's application to have his fees fixed as Guardian ad Litem and Military Attorney in the above-entitled proceedings. Pursuant to an order of this court, your affiant was duly appointed Guardian ad Litem and Military Attorney. As set forth in your affiant's report as Guardian ad Litem, the following services were performed. After reading and examining the summons and complaint, mortgage instruments upon which this action is founded, and order of publication, I duly executed your affiant's consent, qualifying affidavit and answer herein, on behalf of theE defeñdants for whom I was appointed. Your affiant believes%e devoted approximately three (3) hours to this matter. The court's attention is respectfully called to the fact that the attorneys for plaintiff have recommended a fee in the amount of $250.00 to your affiant. WHEREFORE, your affiant respectfully requests that the court fix ee for the services rendered herein and for such other and further relief as s court may seem just and proper. The undersigned affirms that the forego g statemen are true under pe Ity of perjury. Dated: ft R ona A. BreeWEs . Guardian ad Litem an Military Attorney FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 INDEX AM NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 01/28/2022 Index No.: 2015-0145681 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ST. LAWRENCE BAYVIEW LOAN SERVICING, LLC, Plaintiff, -against- ALAN TUTTLE AS HEIR AT LAW AND NEXT OF KIN OF RUSSELL JOSEPH TUTTLE, et al., Defendants. GUARDIAN'S CONSENT AND QUALIFYING AFFIRMATION, REPORT, ANSWER, WAIVER, AND AFFIRMATION OF SERVICES RENDERED ROSICKI, ROSICKI & ASSOCIATES, P.C. ATTORNEYS AT LAW Batavia Office 26 Harvester Avenue Batavia, NY 14020 585.815.0288 RR&A: 13-001462 FILED: ST. LAWRENCE COUNTY CLERK 01/28/2022 11:18 AM INDEX NO. EFCV-2015-0145681 NYSCEF DOC. NO. 38 RECEIVED14020 NYSCEF: M1.21 01/28/2022 ZIP $ o2 1 000i 92462 C(ps of P.C. ataorta A. BW, Esq,, Street 60s Ford ondeosbwg Associates, PC Rosicki & Rosick), Avenue Harvester 14020 26 York New Batavia, | lilli•llil Ï li lHltilli•itl'ilhlilifiltitis