Preview
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 $
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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,
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