Preview
FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 10/27/2022
EXHIBIT E
FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 INDEX
RECEIVED NO.
NYSCEF: 6 9 633
E F2 0 210/27/2022
1-2
FILED : RENSSELAER COUNTY CLERK :
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/09/2022
AFFIDAVIT OF SERVICE
Stateof Row York of Reneselaer
County Suptome Court
IndexNumber: EF2021-269833
Dale File
PlaintiÈt
Bañkd Amerfoa,N.A.
. . VB.
Defendants:
triary
agerous;sacretaryof Housing and Urban Development; et al.
For:
AcouAerve, I.ki.
ass EarikowingtonBoulevent.
suiteage
Uniondale,NY 11553
Recolved Accu-Serve, Ltd. to be served
on NicciteBateman and as ifeir
-Individually and Distributee
of the Esate of IIllary
IEarcus,a as chicorycirch Bdghton,Có acil01.
I, Robert
Hill, being depose
duly swain, end eay that an the 17th
day of August,
2022 at5:10pm,k
a
dellvering of 6fe.NOTICEOF ELECTRONf0 MLÍ$NB IllfANDATORY
CERTIM Pl CASE,
RSUANT TO CRI.R 8012 NOTICES1Q DEFENDANT
llMINIARV 11212
voittion
Act of 2020bearln@ Indexvniftthenu
witfi otiùiE|ch fitistg slat
endopted thorison
andilwid thesonby.mer to: Nicolle
Batemen sttie st$6
imidrasp ot Chlooty CO
Brigjhton,
Citute,
801101 said petaqnof the contents
themto,In complianoewith
stelastatutes.
Sal5 goguraents
were egn[btitled
VAth indeX mtmber
and date of filing
endorstdtheteon.
Statuet
Illitagy Based uponbuguiryof party served,
Defemiant Is not In the mEtary
servicaof the United
Statesof America.
DessflptionetPeteen SeliMid: Age:60r,
See F, Race/Bhfn
Coloc Weight"
Caucaslart..Height:6'4", 170, Hatr: Black,.Glasses:
N .
Under dEggr)gry.
i declare
thatI have readege
I foregoingAllidavitIReturitef5ervice
and thàHhefacts idated
In It tre
true.Also
ab r the age o%have no Interestirt
the aboveaction.I codify
and Imow that9te
ene so servedto be the saine
as
thatl arn not a petty
to the cause nor concerned
In the event thereof.
me on the day of
tite alliant RobertHRI
Pmoods Server
Michene Carlye 333 I ufe OvhgfonSo govant,
NOTARY PUBUC $gigg $6
STATE OF COLORADO
NOTARY ID20084021485 Unlendale,NY $1565
NOTARY EXPIRATION DATE MYCOMMISSION EXPIRESJULY11,2023
Réf: 442834 /
oweemsmemmeom-mes ma-a.....e,e.T..-ma
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF
FILED: DOC. NO. 46
RENSSELAER COUNTY CLERK :
RECEIVED
INDEX NYSCEF:
NO. 10/27/2022
EF2021-269633
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: .09/09/2022
Help for &oDIeownerä in Foreclosu e
New York State Law requires Æat we ad you this notice a ëut the
foreclosure process. Please read it harefully. .
Summons and Complaint
You are in danger of losing your home. If you fail to respond t9. he summons
and complaint in this foreclosure action, you ay lose jñi ho& Pleå¾e read
the summons and complaint carefully. You should immediately ontact 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 optionsin .
foreclosure. In addition to seeking assistence from an petoràey legal aid
of
office, there are government agencies and nop-profit organizatipns-that you
may contaict for information about possible options, includiggst to work
yiIg
with your leader during this process.
To slocate an entity near you, you may call the toll-free helpline maintgined by
New ·
the York State Department of Financial Services at (800)342-3736 or
visit the Department's website at https://wyvw.dfs.ny.gov.
Rights and Obligations
YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME.
You have the right to stay in your home during the foreclosure process. You
are not required to leave your home unless and until your pröperty is sold at
auction pursuant to a judgment of foreclosure and sale.
Regardless of whether you choose to remain in your home, YOU ARE
REQUII(ED TO TAKE CARE OF YOUR PROPERTY and pay property
taxes in accordance with state and locallaw.
Pagelof2
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 INDEX
RECEIVED NO. EF2021-269633
NYSCEF: 10/27/2022
FILED : RENSSELAER COUNTY CLERK :
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 09/09/2022
Foreclosure rescue scams
Be carefFl ofpeople who approach you with.¶fers to "saye".you.r home. .
There are individuals who watch fohnoticesEfforeclossrie àctisks into der to.
unfairly profit from a homeownsids distress. on sh uld.be extremely careful
about any such promises and any suggestions that y u ay t%eni ã fee or sign
over your deed. State Iaw reqúires:anyone éffering such ervice irjrofifto
enter into a contrûct which jully desiribWs1he ser¾ic will É orm¼nid
slheý
fees they will charge, and which prohibits them from aking ãn wisney from
you until they have completed all such promised services.
Page 2 of2
3 of 3 . . .. .
FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF
FILED DOC.
: NO. 46
RENSSELAER COUNTY CLERK INDEX
RECEIVED NO. EF2021-269633
NYSCEF: 10/27/2022
:
NYSCEF DOC. NO. 37 RECEIVED NYSCEF: 09/09/2022
11111111111111111111111111111111Ill
*443368*
Affidavit of Service by Mail
PURSUANT TO CPLR 3215
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER
Att File:21-058189
BANK OF AMERICA, N.A. Internal Id: 443368
Index: EF2021-269633
-against- & C Filed: 08/11/2021
S
MARY MARCUS, ET. AL.
STATE OF NEW YORK COUNTY OF NASSAU ss.:
Melissa Orellana being duly sworn, deposes and says de onent is not a party to thisaction and isover the
age of eighteen years and resides inthe State of New Yor .
That on 08/29/2022 Deponent mailed a copy ofthe SUMMONS inthis action pursuant toCPLR 3215
(g)(3)(i),on those defendants listedbelow by firstclass mail in an envelope bearing the legend "personal
confidential"
and and not indicating on the outside of the envelope that the communication is from an
attorney or concerns an alleged debt.
Defendant(s): NICOLLE BATEMAN, INDIVIDUALLY AND AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF MARY MARCUS
5136 CHICORY CIRCLE, BRIGHTON, CO 80601
Said mailing(s) was made to the Defendant(s) place of residence if known. Ifunknown, the was
mailing
made to the Defendant(s) at his/her last known residence.
The foregoing statements are true, under penalty of perjury.
Sworn to before me on : 08/29/ 022
Gina M. Gallo
Notary Public, St e N York
Comm. Exp. Dec. , 4
Qualified in Nassau County
01GA6351677
Mell å Orellana
Accu-Serve Process Service
Ltd.License#0994591, 333 Earle Ovington
Blvd,Suite 225 Uniondale,
NY I1553-Tel::516.565.2228-Fax:516.977.4261
Robertson,Anschutz, Crane & Partners, PLLC,900Merchants
Schneid. Concourse,Westbury!NY I1590
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED
INDEX NYSCEF:
NO. 10/27/2022
E F2021-2 69633
|FILED: RENSSELAER COUNTY CLERK 07/26/2022 11:07 AM)
RECEIVED NYSCEF: 07 /2 6/20 22
NYSCE F DOC. NO. 33
SUPREMECOURT OF THE STATEOF NEW YORKCOUNTYOF .
RENSSELAER
. .
BANK OF AMERICA, N.A., Index No.: EF2021-269633
FilingDate: 08/11/2021
Plaintiff(s),
vs. AFFIDAVIT OF SERVICE
MARY MARCUS, ET. AL.,
Defendant(s).
STATE
County
OF r\hOh
of me vmn
sh
.
Me
ss:
-' *
442538 *
CECTN , the undersigned
being duly sworn, deposesand says thatI was at
the timeof serviceover theage of eighteenand not a party action.
to this I residein the
state of n h .
On t I1: FY2.. PM, I servedthe withinNOTICE OF ELECTRONIC
FILING MANDATORY CASE,S ONS AND COMPLAINT, WITH CERTIFICATE OF
MERIT PURSUANT TO CPLR 3012-B, NOTICES TO DEFENDANT (IN ENGLISH AND
SPANISH) PURSUANT TO ADMINISTRATIVE ORDER 13I/20 AND AFFIDAVIT PURSUANT
TO THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF
2020, HARDSHIP DECLARATION IN FOURTEEN-POINT TYPE AND IN ENGLISH AND THE
DEFENDANT?S PRIMARY LANGUAGE IF OTHER THAN ENGLISH PURSUANT TO THE
COVID-19 Emergency Eviction and Foreclosure Prevention Act of2020 bearing index number and
filingdate endorsed thereon,along with RPAPL Section 1303 Help for Homeowners inForeclosure
Notice on colored paper on KEVIN M.BEGIN, INDIVIDUALLY AND AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF MARY MARCUS at 1984PLUNKTON ROAD, WARREN,
VT 05674 , inthe manner indicatedbelow:
¡ PERSONAL SERVICE: By deliveringthereata true
copy of theaforementioned documents recipient
to said
personally;deponent knew the personso served described
to be the person herein by deponent asking if he or she
is thenamed Recipient and the personresponding thathe or she is in fact
theperson namedd
‚
Recipient'sName:
Relationship: H , a familymember or otherperson at said address.
Affixing tothe door:After attempting serviceon at and at depondent
affixedto theaforementioned address.Deponent spoke with , whostatedto deponent that
saidDefendant livedthere,and had no knowledge ofthe placeof employment of the Defendant.
Mailing: On , the deponent
enclosed a copy ofthe NOTICE OF ELECTRONIC FILING
MANDATORY CASE, SUMMONS AND COMPLAINT, WITH CERTIFICATE OF MERIT PURSUANT TO
CPLR 3012-B, NOTICES TO DEFENDANT (IN ENOLISH AND SPANISH) PURSUANT TO
ADMINISTRATIVE ORDER 131/20AND AFFIDAVIT PURSUANT TO THE COVID-19 EMERGENCY
EVICTION AND FORECLOSURE PREVENTION ACT OF 2020, HARDSHIP DECLARATION IN
FOURTEEN-POINT TYPE AND IN ENOLISH AND THE DEFENDANT?S PRIMARY LANGUAGE IF
OTHER THAN ENGLISH PURSUANT TO THE COVID-19 Emergency Eviction and ForeclosurePrevention
Act of 2020 bearing indexnumber and filingdateendorsed thereon in a first
classpostpaid envelope bearingthe
Confidential"
words "Personal and properly addressed to defendantand defendant'slastknown at 1084
residence,
PLUNKTON ROAD,WARREN, VT 05674 and deposited saidenvelope inan official
depository under the
exclusivecare and custody of theU.S. PostalService inthe Stateof . Theenvelope did notindicateon
the outsidethereof,by returnaddress orotherwise,that the communication was from an attorneyor concerned an
actionagainst the defendant.
PREVIOUS ATTEMPTS: I previouslyattemptedtoserve the abovenamed defendant on at
AM / PM, on , at AM / PM, and on , at AM /PM.
Additional Comments:
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 11:07
RECEIVED
INDEX NYSCEF:
NO. 10/27/2022
EF2021-2 69633
|FILED: RENSSELAER COUNTY CLERK 07/26/2022 AM)
NYSCEF DOC. ·NO. 33 RECEIVED NYSCE F: 07/26/2022
Description of personprocess was leftwith:
S'
Sex: Ôlf, Skin/Race: White. Approx. Age: 55 Hair Color: Height: 4
Weight: 136 finOther:
Is defendant in themilitary?YES U NO
Signed and sworn to beforeme on
this ft day of JL( , 20E. (Print
Name)
ly
amun Firm Ref# 21-058189
M. . Robertson, Anschutz,Schneid, Crane & Partners,PIlC
Notary Pub•ic *õF 900 Merchants Concourse, Suite310
Westbury,NY 11590
5 / COM I SION o, E
m"
EXPIRES
*
MAY4,2027 : 5
.....
ffmtM
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED
INDEX NYSCEF:
NO . 10/27/2022
E F2021-269633
NY SCE F DOC. NO. 33 . RECEIVE D NY SCEF:· 07/26 /2022
SUPREME COURT OF THE STATE OF N.EW YORK .
p ag
cOUNTY OF RENSSELAER
Index No: EF2021-269633
FilingDate: 08/11/2021
Plaintiff(s): BANK OF AMERICA, N.A.
Defendant(s): MARY MARCUS, ET. AL.
NOTARY ACKNOWLEDGEMENT PAGE
On the I3 day of $1 , 20.21before me, the undersigned, personally appeared
, P (1 . the subscribing witness to the foregoing instrument,
(serves Name)
with whom I am personally acquainted, who, being by me duly sworn, did depo e and say that
he/she resides in TAPI A ed MP.ChfR (ifthe place of
(County/State)
residence is ina city, include the street and street number, ifany, thereo0; thathe/she knows
N/\. 41/15/1A to be the individual described in and who executed
(Servers Name)
the foregoing instrument; that said subscribing witness was present and saw said
1V\ kffilff\ execute the same; and that said witness at the time
(Servers Name)
sub eri his/her name as a witness thereto.
(Signature of notary taking proo0
(Append notary stamp / seal above)
ACCU-SERVE PROCESS SERVICE LTD
333 EARLE OVINOTONBLVD SUITE225
unus
UNIONDALE, NY 11553
.""""g, 516-565-2228
Firm Ref#: 21-058189
com I SION Robertson, Anschutz, Schneid,Crane & Partners,
re-. 5 PLLC
EXPIRES
MAY 4, 2027 5 900 Merchants Suite310
v*! Concourse,
Westbury, NY 11590
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FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED
INDEX NYSCEF:
NO. 10/27/2022
EF2021-2 69633
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/26/2022
11111111111111111111111l11Illlll
*442537*
Affidavit of Service by Mail
PURSUANT TO CPLR 3215
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER
Att File:21-058189
BANK OF AMERICA, N.A. Internal Id:442537
Index: EF2021r269633
-against- S & C Filed: 08/11/2021
MARY MARCUS, ET. AL.
STATE OF NEW YORK COUNTY OF NASSAU ss.:
Melissa Orellana being duly sworn, deposes and says deponent is not a party to thisaction and Isover the
age of eighteen years and resides inthe State of New York.
That on 06/27/2022 Deponent mailed a copy ofthe SUMMONS inthis action pursuant to CPLR 3215
(g)(3)(i),on those defendants listedbelow by firstclass mall in an envelope bearing tlie legend "personal
confidential"
and and not indicating on the outside of the envelope that the communication isfrom an
attorney or concerns an alleged debt.
Defendant(s): KEViN M. BEGIN, INDIVIDUALLY AND AS HEIR AND DISTRIBUTEE OF THE
ESTATE OF MARY MARCUS
1084 PLUNKTON ROAD, WARREN, VT 05674
Said mailing(s) was made to the Defendant(s) place of residence if known. Ifunknown, the mailing was
made to the Defendant(s) at his/her last known residence.
The foregoing statements are true, under penalty of perjury.
I
Sworn to before me on : 06/ /2022
Gina M. Gallo
Notary Public, S t f ew York
Comm. Exp. Dec. 2, 024
Qualified in Nassau County
01GA6351677
Me a Oreliana
Accu-Serve Ltd.
Process Service License #0994591,333 Earle OvingtonBlvd,Suite 225 Uniondale,
NY 11553 - Tel:
516.565.2228- Fax: 516.977.4261
Robertson,Anschutz,Schneid. Crane &
Partners, PLLC.900Merchants Concourse,Westbury,NY I1590
1 of 1
FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED
INDEX NYSCEF:
NO. 10/27/2022
EF2021-269633
FILED: RENSSELAER COUNTY CLERK 0 :
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 07/26/.2022
11111111111111111111111111
*442537*
AFFIDAVIT OF MAILING
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RENSSELAER
INDEX NO: EF2021-269633
BANK OF AMERICA, N.A.
PURCHASED DATE: 08/11/2021
Plaintiff(s)
VS
MARY MARCUS, ET. AL.
Defendant(s)
STATE OF NEW YORK COUNTY OF NASSAU ) SS.:
I,Melissa Orellana , being duly sworn, deposes and says that he/she is over 18 years of age and not a
party tothis action. On 06/27/2022, deponent enclosed a copy of mentioned NOTICE OF ELECTRONIC
FILING MANDATORY CASE, SUMMONS AND COMPLAINT, WITH CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-B, NOTICES TO DEFENDANT (IN ENGLISH AND SPANISH) PURSUANT
TO ADMINISTRATIVE ORDER 131/20 AND AFFIDAVIT PURSUANT TO THE COVID-19 EMERGENCY
EVICTION AND FORECLOSURE PREVENTION ACT OF 2020, HARDSHIP DECLARATION IN
FOURTEEN-POINT TYPE AND IN ENGLISH AND THE DEFENDANT?S PRIMARY LANGUAGE IF
OTHER THAN ENGLISH PURSUANT TO THE COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020 bearing index number and filingdate endorsed thereon and RPAPL Section
1320 Notice to KEVIN M. BEGIN, INDIVIDUALLY AND AS HEIR AND DISTRIBUTEE OF THE ESTATE
OF MARY MARCUS at said defendants actual place of residence at 1084 PLUNKTON ROAD, WARREN,
VT 05674 in a ist class postpaid properly addressed envelope not that the mailing was from an
indicating
Confidential"
attorney or concerned legal action and marked "Personal and in an official
depository under
the exclusive care and custody of the United States Post Office. This mailing was proven complete with
certificate of malling Issued at the United States Post Office.
Melissa rellana
Subscribed and sworn to before me on 06/27/2022
Gina M. Gallo
Notary Public, St te of York
Comm. Exp. Dec. , 2 4
Qualified in Nassau County
01GA6351677
Accu-Serve Process ServiceLtd. License# 0994591, 333 EarleOvington Blvd,Suite 225 Uniondale,NY 11553 - Tel:
516.565.2228 - Fax:516.977.4261 Robertson, Anschutz, Schneid, Crane &.Partners,PLLC - 900Merchants Concourse
Westbury, NY11590
1 of 1
FILED: RENSSELAER COUNTY CLERK 10/27/2022 11:17 AM INDEX NO. EF2021-269633
NYSCEF DOC. NO. 46 RECEIVED
.INDEX
NYSCEF:
NO.
10/27/2022
EF2021-2 69633
FILED : RENSSELAER COUNTY CLERK 07 1 02 1 : 5
NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 07 /14 /2022
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF
RENSSELAER
BANK OF AMERICA, N.A., Index No.: EF2021-269633
Filing Date: 08/11/2021
Plaintiff(s),
vs. AFFIDAVIT OF SERVICE
MARY MARCUS, ET. AL.,
Defendant(s).
STATE OF T anvt s VOn t A.
of n tor s· -e-v as:
County )
Gary Winfrey , the
undersigned being duly sworn, deposes and says that1 was at
the time of serviceover the age of eighteen and not a partyto thisaction. I resideinthe stateof Pennsylvania
On July 11, 2022 at 1:00 AM PM Iserved the within NOTICE OF ELECTRONIC
FILWG MANDATORY CASE,SUMMO AND COMPLAINT, WITH CERTIFICATE þF
MERIT PURSUANT TO CPLR 3012-B, NOTICES TO DEFENDANT (IN ENGLISH AND
SPANISH) PURSUANT TO ADMINISTRATIVE ORDER 131/20 AND AFFIDAVIT PURSUANT
TO THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF
2020, HARDSHIP DECLARATION IN FOURTEEN-POWT TYPE AND IN ENGLISH AND THE
DEFENDANT?S P1UMARY LANGUAGE IF OTHER THAN ENGLISH PURSUANT TO THE
COVID-19 Emergency Eviction and Foreclosure Prevention Act of2020 bearing index number and
filingdate endorsed thereon on CHAD DAVID GOYETTE, INDIVIDUALLY AND AS HEIR AND
DISTRIBUTEE OF THE ESTATE OF MARY MARCUS at453 OLD YORK ROAD, DILLSBURG,
PA 17019 , inthemanner indicatedbelow:
PERSONAL SERVICE: By deliveringthereat a truecopy ofthe aforementioned documents tosaid recipient
personally; deponent knew the person so served tobe the person described herein by deponent asking ifhe or she
isthe named Recipient and the person responding thathe or she isin factthe person named in thisactionas the
Recipient.
SUITABLE AGE SERVICE: By deliveringthereat a truecopy ofthe aforementioned documents toa person of
suitableage and discretionat theabove address which isCHAD DAVID GOYEITE, INDIVIDUALLY AND AS
HEIR AND DISTRIBUTEE OF THE ESTATE OF MARY MARCUS's usual place of residence/place of
abode/place ofbusiness, with:
Recipient's Name: ,
Relationship: , a familymember or otherperson atsaid address.
Affixing to the door:After attempting service on at and at depondent
affixed