Preview
FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022
AFFIDAVIT OF PUBLICATION
STATE OF WASHINGTON
SS
COUNTY OF LEWIS
The undersigned, on oath statethathe/sheis an authorizedrepresentative
of The East County Journal, a weekly newspaper, which newspaper is a
legalnewspaper ofgeneral circulation
and it is nowand has beenformore
than six month priorto the date ofpublication hereinafterreferred to,
published in theEnglish language condnuously as a weekly newspaper
in Morton. Lewis County, Washington, and itis now and during allof
said time was printed in an officemaintained at theaforesaidplace of
publication ofthisnewspaper.
The noticein the exact form annexed, was published in regularissues
of The East County Journal which was regularly disidbuted to its
subscribersduring the below stated period.
The annexed notice.a
was published on Ct1 6 Î 9
The amount of thefee charged forthe foregoing publicationisthe smn
of $
Subscribed and sworn to befom me this da of
Notary Public inand fort1 e
. . c., Stateof Washington
Residing inOnalaska
1 of 3
FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022
- "E"
SUPREME COURT OF THE COLLECT A DEBT AND ÃÑT Schedule or may be compelled ~efaire principal amount secuial by
STATE OF NEW YORK INFORMATION OBTAINED to pay during the pendency of this the mortgage.
COUNTY OF RENSSELAER WILL BE USED F OR THAT local
action, taxes. assessments, 17, in order to protect its security,
TRUSTCOBANK Plaintiff PURPOSE. water rates, insurance premiums, has paid, if set forth in
the plaintiff
- against - S tJPREME COURT OF THE and other the
charges affecting Schedule"H,"or
may becompelled
ANNE M.KUROLY;CATHERINE STATE OF NEWYORK mortgaged premises,and the to pay during the pendency of this
loonl·
A. SCHWABE; and"JOHN DOE " COUNTY OF RENSSELAER plaintiff any sums
requests that action, taxes, assessments,
TRUSTCO BANK
(said name being fictitious, it being Plaintiff said purposes
thus paid by it for water rates, insurance premiums,
the intention
ofthe plaintiff
to - against - be addedto the sum otherwise due and othercharges the
affecting
designateany and allpersons ANNE M.KUROLY: CATHERINE and be deemed securedby the said mortgnged premises, and the
DOE,"
inpossessionof the mortgaged . A. SCHWABEl and"JOHN mortgage and be adjudged a valid requests that
plaintiff any sums
· name
(said it
being fictitious,
being lien on the mortgagedpremises,and thus paid by it for
said purposes
premises) Defendant(s)
SUMMONS theintentionof to
the plaintiff that the plaintiff be paid such sums,
be added to the sum otherwise due
INDEXMO.:EF-2021-269048 designateany and allpersons together with interest thereon, out and be deemedsecured by the said
MORTGAGED PROPERTY: of
in possession the mortgaged of the proceeds of the sale of the mortgage and be adjudged a valid
11 Rhode IslandAve premises) mortgagedpremises. lien on themortgagedpremises,and
Rensselaer,NY 12144 Defendant(s ) 8. By reasonofthe foregoing, therethat the plaintiff
be paid such sums,
COUNTY: Rensselaer VERIFIED COMPLAINT the sum
is now due to the plaintiff interest thereon, out
together with
SSL #: 155.9-15-10 INDEXNO.: EF2021-26904$ set forth in Schedule"E"- of the proceeds of the sale of the
Date Filed 06/10/202[ · MORTGAGED PROPERTY: 9.Upon information and belief
the mortgaged premises.
TO THE A BOVE -N AME D 11 Rhode Island Ave defendantsherein have or claim to 18.By reasonof the fomgoing, there
DEEENDANT(S): Rensselaer,NY 12144 have some interest in or lien uponis now due to the plaintiff
the sum
YOUAREHEREBYSUMMONED COUNTY: Rensselaer the mortgaged premises or some set forth in Schedule "H."
toanswer the complaintin this SBL #: 155A15-10 part thereof, which interest or lient
19.Upon information andbelief|the
Date Filed 06/10/2021
action and to serve a copy of your if any, is subordinate to the lien of
defendantsherein have or claim to
answer on the plaintifPs
attorneys The plaintiff alleges: mortgage.
the plaintiffs have some interest in or lien upon
within days after
service is a federal savings
1. The plaintiff 10. No otheraction bas been the mortgaged premises or some
twenty
bank.
of this summons, exclusive of the commencen to recover any part of -part thereof
which interest or-tien,
2. The in
set forth the mortgage debt. if any, is subordinate to the lien of
day of service, or within thirty days defendant(s)
atict
completionof service where Schedule "A"
are made defendants 1.l. The plaintiff
is exempt from the plaintiff's
mortgage.
in this action in the capacities and
service is made in any othermanner complyingwith the 90 day notice 20. No other·action
has been
for
than by personni delivery withintbe in said
the reasons set forth provisionsof RPAPL §§1304 commenced to recover any part of
Schedule. Upon
State.TheUnited StatesofAmerica, and
information and 1306 because the mortgaged the mortgage debt
if belief
designated as a defendant, may property is not owner occupied.
any of said defendants that 31. The plaintiff
is exernpt from
answer or appear within sixty days were organized
are corporations SecondCauseofAotion complyingwiththe 90 day notice
under the laws of the state set forth
after service. In case ofyour failure 12. The defendant(s) set forth
in pr ovisionsofRPAPL §§I304
be taken
to answer, judgment will in snid Schedule. Schedule "A"
are made defendants and 1306 because the mortgaged
First Causeof Action
against you by default for the relief in this action in The capacities and
property is not owner occupied.
±=.ded in the complaint 3. Heretoforethedefendant(s) forthe reasons set forth
insaid WHERE FORE. the plaintiff
"B" and
NOTICE named in Schedule (Schedule Schedule. Upon information demandsjudgment:
"B"
YOU ARE IN DANGER OF belief, any of said defendants that
being a copy of the bondornote the amounts due to
(a) Adjudging
LOSING YOUR HOME are corporations
evidencing the indebtednessto the were organized the plaintiff
for principal,
interest,
Ifyou do not re spondto this executedand delivered to
plaintiff) under the laws of the state set forth
costs andreasonableauorneys*fees,
a bond or note in the
the platutiff
summons and complaint by serving in said Schedule- if provided for in the bond or note
amount of money, with
a copy ofthe answeron the attomey the terms 13. Heretofore
the defendant(s) and mortgage;
forthemortgage companywhofiled named in Schedule "F"
of repayment and with the rights of (Schedule (b)That the defendants
and all
"F"
the plaintiff all asmore fully appear
this foreclosure proceeding against being a copy of
the bond or personsclaiming- by, through
or
the miswer with the
you and tiling in Schedule "B". note evidencing the indebtedness1ounder them,sabsequent tothe
court, a default judgment
may be the plaintiff) executedond delivered
4. As security for the payment of fdingof the notice of pendency of
enteredandyoucan loseyourhome. to the plaintiff a bond or noto in the
said indebtedness,the defendant(s) this action, and every other person
named in Schedule "C"
Speak to an attorney or go to the (Schedule amount ofmoney, with the tenns of whose right, conveyance or
title,
"C"
court where your case is pending being a copy of the mortgage)
repaymentandwith the rights ofthisencumbrance is subsequentthereto
for on how to
information
farther ac k n o w Ie d g ed
ex e c u te d. plaintiff
all as more fully
appear in or subsequently recorded, may be
a .
plaintiff "F."
answer the suranons
and protect to the
and delivered Schedule barred and forever
foreclosed
of
your property. (4. As security for the payment of
mortgage whereby the mortgagor(s) all
rights,
claim, Interest or
lien,
Sending a pay ment to y our mortgaged thepremises more said indebtedness,the defendant(s)equity of redemption in and to said
mortgage company willnotstop described
particularly inSchedule named in Schedule "G"
(Schedule mortgaged premises;
"D" the "G"
this foreclosure action. (hereinafter called being a copy of the mortgage) .(c) That the mortgaged premises,
Y OU MUST RESPOND BY "mortgaged with
prernises") the ex ec u to d,
a cknow I edg ed orsuch partthereofas may be
SERVING A COPY OF THE conditions,rightsand duties asmore
and delivered
to theplaintiff
a necessary to raise
the amounts
ANSWER ON InE ATTORNEY appearin said mortgage.
fully mortgagewhereby the mortgagor(s) then due forprincipalinterest
FOR THE PL A I N T I F F 5. Themortgage was duly recorded
mortgn ged thepremisesmore costs, allowances, attorneys' fees
(MORTGAGE COMPANY) AND (and the mortgage ten due thereon described in Schedule
particularly disbursements and any sums paid
the proper "D" cane
FILING THE ANSWER WITH was paid)in county (hereinafter d the by theplaintitf to protectits security
THE COURT. elerk's office at the place and time
"mortgagedpremises")withthe may be decreedto besold accordin
which appearsthereon.
The basisof venueis thelocation of conditions, rights andduties asmore
to law;
dte mortgaged premises. 6.The defendant(s)na med in fully appearin said mortgage. (d) That out of the moner arising
"B"and "C" have thiled 15.The mortgagewas duly recorded
DATED: 06/09/2021 Schedules from the sale thereof, the plaintiff
/S/Melissa M. Tobrocke the conditions
to comply with of (and the mortgage tax due thereonmay be paid the amounts then due
the note or bond and mortgage by
was paid)in the proper
county on the bond or note and mortgage
Esq.
Melissa M.Tobrocke, failing to pay items orprincipal
and clerk's office at the place and time
and any sums paid by the plaintiff
DOERR& taxes, assessments,water
interest, which appearsthereon. to protect its seemity, with
OVERTON, RUSSELL, interest,
DONOVELP rates, insurance premmms, escrow
16. Thedefendant(s)named m costs, disbursements, allowances
"F" and "G"
Attorneys for Plaintiff and/or other charges, as inore fully
Schedules have failed and reasonable attorneys' fees, if
19Executive Park Drive 'aud the
appears in -Schedule "E", to complywiththe conditions
of provided for in said bond, note or
CliAon Park,NewYork 12065 Plaintiff
electedto cali
due the the note or bond and mortgage bymortgage;
· amount secured bV
entire principal failing to pay items ofprincipal
ond
(518) 383-4000 (e) Thatthe CowE, if
requested,
NOTE:W E A RE A D EB f themortgage, rmerest taxes, assessments,waterwithout notice during the
pendency
COLLECTOR ATTEMPTING TO order to protect its security.
7. In rates, insurance premiums, escrow
of this actione appoint a receiver
has paid. if set forth m
the plaintiff and/or other charges,as more fully
of therentsand profitsofthe
appears in Schedule "T,.
and the
plaintiff
electedtocalldue the
2 of 3
FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022
mõrtgdged premises;
That named
the defendant(s)
(f) "B" "F"
in Schedule and may be
adjudged to pay any denciency that
mayremainafterapplyingallofsaid
thereto:and
money so applicable
other
(g)Thattheplaintit[havesuch
reHefas may beproper.
The further
plaintiff demands
judgment reservingitsrightto
share in any surplus money arising
from the mortgaged
the sale of
of its position,
premises by virtue
ifapplicable,as a subordinate
or other lien
mortgage, judgment
creditor
excludingthe mortgage
beingforeclosedherein.
DATED: 06/09/2021
/S/Melissa M.Tobrocke
Melissa M. Tobrocke, Esq. .
OVERTON, RUSSELL,DOERR&
DONOVAN, LLP
Attorneys for Plaintiff
19ExecutiveParkDrive
12065
Clifton Park, NewYork
(518)383-4000
SCHEDULE"D"
ALL THAT TRACT OR PARCEL
OF LAND situateinthe Town
of East Greenbush,County of
Rensselaerand State ofNew
York,
known as Lots numbers three
hundred twenty-fourand three
(324 and 325)
hutidred twenty-five
on a map of Clinton Park made for
CarlissRealty, Inc. byE.fL
Welles,
theRensselaer
Surveyor.andfiledin
CountyClerk'sOfficeJune 21,
map is
1926, reference to which
particular
hereby Inade for a more
description thereof.
Publishedin The East County
Journal
January 5, January 12, January 19,
Januarv 26, 2022
3 of 3
Preview
FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON SS COUNTY OF LEWIS The undersigned, on oath statethathe/sheis an authorizedrepresentative of The East County Journal, a weekly newspaper, which newspaper is a legalnewspaper ofgeneral circulation and it is nowand has beenformore than six month priorto the date ofpublication hereinafterreferred to, published in theEnglish language condnuously as a weekly newspaper in Morton. Lewis County, Washington, and itis now and during allof said time was printed in an officemaintained at theaforesaidplace of publication ofthisnewspaper. The noticein the exact form annexed, was published in regularissues of The East County Journal which was regularly disidbuted to its subscribersduring the below stated period. The annexed notice.a was published on Ct1 6 Î 9 The amount of thefee charged forthe foregoing publicationisthe smn of $ Subscribed and sworn to befom me this da of Notary Public inand fort1 e . . c., Stateof Washington Residing inOnalaska 1 of 3 FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022 - "E" SUPREME COURT OF THE COLLECT A DEBT AND ÃÑT Schedule or may be compelled ~efaire principal amount secuial by STATE OF NEW YORK INFORMATION OBTAINED to pay during the pendency of this the mortgage. COUNTY OF RENSSELAER WILL BE USED F OR THAT local action, taxes. assessments, 17, in order to protect its security, TRUSTCOBANK Plaintiff PURPOSE. water rates, insurance premiums, has paid, if set forth in the plaintiff - against - S tJPREME COURT OF THE and other the charges affecting Schedule"H,"or may becompelled ANNE M.KUROLY;CATHERINE STATE OF NEWYORK mortgaged premises,and the to pay during the pendency of this loonl· A. SCHWABE; and"JOHN DOE " COUNTY OF RENSSELAER plaintiff any sums requests that action, taxes, assessments, TRUSTCO BANK (said name being fictitious, it being Plaintiff said purposes thus paid by it for water rates, insurance premiums, the intention ofthe plaintiff to - against - be addedto the sum otherwise due and othercharges the affecting designateany and allpersons ANNE M.KUROLY: CATHERINE and be deemed securedby the said mortgnged premises, and the DOE," inpossessionof the mortgaged . A. SCHWABEl and"JOHN mortgage and be adjudged a valid requests that plaintiff any sums · name (said it being fictitious, being lien on the mortgagedpremises,and thus paid by it for said purposes premises) Defendant(s) SUMMONS theintentionof to the plaintiff that the plaintiff be paid such sums, be added to the sum otherwise due INDEXMO.:EF-2021-269048 designateany and allpersons together with interest thereon, out and be deemedsecured by the said MORTGAGED PROPERTY: of in possession the mortgaged of the proceeds of the sale of the mortgage and be adjudged a valid 11 Rhode IslandAve premises) mortgagedpremises. lien on themortgagedpremises,and Rensselaer,NY 12144 Defendant(s ) 8. By reasonofthe foregoing, therethat the plaintiff be paid such sums, COUNTY: Rensselaer VERIFIED COMPLAINT the sum is now due to the plaintiff interest thereon, out together with SSL #: 155.9-15-10 INDEXNO.: EF2021-26904$ set forth in Schedule"E"- of the proceeds of the sale of the Date Filed 06/10/202[ · MORTGAGED PROPERTY: 9.Upon information and belief the mortgaged premises. TO THE A BOVE -N AME D 11 Rhode Island Ave defendantsherein have or claim to 18.By reasonof the fomgoing, there DEEENDANT(S): Rensselaer,NY 12144 have some interest in or lien uponis now due to the plaintiff the sum YOUAREHEREBYSUMMONED COUNTY: Rensselaer the mortgaged premises or some set forth in Schedule "H." toanswer the complaintin this SBL #: 155A15-10 part thereof, which interest or lient 19.Upon information andbelief|the Date Filed 06/10/2021 action and to serve a copy of your if any, is subordinate to the lien of defendantsherein have or claim to answer on the plaintifPs attorneys The plaintiff alleges: mortgage. the plaintiffs have some interest in or lien upon within days after service is a federal savings 1. The plaintiff 10. No otheraction bas been the mortgaged premises or some twenty bank. of this summons, exclusive of the commencen to recover any part of -part thereof which interest or-tien, 2. The in set forth the mortgage debt. if any, is subordinate to the lien of day of service, or within thirty days defendant(s) atict completionof service where Schedule "A" are made defendants 1.l. The plaintiff is exempt from the plaintiff's mortgage. in this action in the capacities and service is made in any othermanner complyingwith the 90 day notice 20. No other·action has been for than by personni delivery withintbe in said the reasons set forth provisionsof RPAPL §§1304 commenced to recover any part of Schedule. Upon State.TheUnited StatesofAmerica, and information and 1306 because the mortgaged the mortgage debt if belief designated as a defendant, may property is not owner occupied. any of said defendants that 31. The plaintiff is exernpt from answer or appear within sixty days were organized are corporations SecondCauseofAotion complyingwiththe 90 day notice under the laws of the state set forth after service. In case ofyour failure 12. The defendant(s) set forth in pr ovisionsofRPAPL §§I304 be taken to answer, judgment will in snid Schedule. Schedule "A" are made defendants and 1306 because the mortgaged First Causeof Action against you by default for the relief in this action in The capacities and property is not owner occupied. ±=.ded in the complaint 3. Heretoforethedefendant(s) forthe reasons set forth insaid WHERE FORE. the plaintiff "B" and NOTICE named in Schedule (Schedule Schedule. Upon information demandsjudgment: "B" YOU ARE IN DANGER OF belief, any of said defendants that being a copy of the bondornote the amounts due to (a) Adjudging LOSING YOUR HOME are corporations evidencing the indebtednessto the were organized the plaintiff for principal, interest, Ifyou do not re spondto this executedand delivered to plaintiff) under the laws of the state set forth costs andreasonableauorneys*fees, a bond or note in the the platutiff summons and complaint by serving in said Schedule- if provided for in the bond or note amount of money, with a copy ofthe answeron the attomey the terms 13. Heretofore the defendant(s) and mortgage; forthemortgage companywhofiled named in Schedule "F" of repayment and with the rights of (Schedule (b)That the defendants and all "F" the plaintiff all asmore fully appear this foreclosure proceeding against being a copy of the bond or personsclaiming- by, through or the miswer with the you and tiling in Schedule "B". note evidencing the indebtedness1ounder them,sabsequent tothe court, a default judgment may be the plaintiff) executedond delivered 4. As security for the payment of fdingof the notice of pendency of enteredandyoucan loseyourhome. to the plaintiff a bond or noto in the said indebtedness,the defendant(s) this action, and every other person named in Schedule "C" Speak to an attorney or go to the (Schedule amount ofmoney, with the tenns of whose right, conveyance or title, "C" court where your case is pending being a copy of the mortgage) repaymentandwith the rights ofthisencumbrance is subsequentthereto for on how to information farther ac k n o w Ie d g ed ex e c u te d. plaintiff all as more fully appear in or subsequently recorded, may be a . plaintiff "F." answer the suranons and protect to the and delivered Schedule barred and forever foreclosed of your property. (4. As security for the payment of mortgage whereby the mortgagor(s) all rights, claim, Interest or lien, Sending a pay ment to y our mortgaged thepremises more said indebtedness,the defendant(s)equity of redemption in and to said mortgage company willnotstop described particularly inSchedule named in Schedule "G" (Schedule mortgaged premises; "D" the "G" this foreclosure action. (hereinafter called being a copy of the mortgage) .(c) That the mortgaged premises, Y OU MUST RESPOND BY "mortgaged with prernises") the ex ec u to d, a cknow I edg ed orsuch partthereofas may be SERVING A COPY OF THE conditions,rightsand duties asmore and delivered to theplaintiff a necessary to raise the amounts ANSWER ON InE ATTORNEY appearin said mortgage. fully mortgagewhereby the mortgagor(s) then due forprincipalinterest FOR THE PL A I N T I F F 5. Themortgage was duly recorded mortgn ged thepremisesmore costs, allowances, attorneys' fees (MORTGAGE COMPANY) AND (and the mortgage ten due thereon described in Schedule particularly disbursements and any sums paid the proper "D" cane FILING THE ANSWER WITH was paid)in county (hereinafter d the by theplaintitf to protectits security THE COURT. elerk's office at the place and time "mortgagedpremises")withthe may be decreedto besold accordin which appearsthereon. The basisof venueis thelocation of conditions, rights andduties asmore to law; dte mortgaged premises. 6.The defendant(s)na med in fully appearin said mortgage. (d) That out of the moner arising "B"and "C" have thiled 15.The mortgagewas duly recorded DATED: 06/09/2021 Schedules from the sale thereof, the plaintiff /S/Melissa M. Tobrocke the conditions to comply with of (and the mortgage tax due thereonmay be paid the amounts then due the note or bond and mortgage by was paid)in the proper county on the bond or note and mortgage Esq. Melissa M.Tobrocke, failing to pay items orprincipal and clerk's office at the place and time and any sums paid by the plaintiff DOERR& taxes, assessments,water interest, which appearsthereon. to protect its seemity, with OVERTON, RUSSELL, interest, DONOVELP rates, insurance premmms, escrow 16. Thedefendant(s)named m costs, disbursements, allowances "F" and "G" Attorneys for Plaintiff and/or other charges, as inore fully Schedules have failed and reasonable attorneys' fees, if 19Executive Park Drive 'aud the appears in -Schedule "E", to complywiththe conditions of provided for in said bond, note or CliAon Park,NewYork 12065 Plaintiff electedto cali due the the note or bond and mortgage bymortgage; · amount secured bV entire principal failing to pay items ofprincipal ond (518) 383-4000 (e) Thatthe CowE, if requested, NOTE:W E A RE A D EB f themortgage, rmerest taxes, assessments,waterwithout notice during the pendency COLLECTOR ATTEMPTING TO order to protect its security. 7. In rates, insurance premiums, escrow of this actione appoint a receiver has paid. if set forth m the plaintiff and/or other charges,as more fully of therentsand profitsofthe appears in Schedule "T,. and the plaintiff electedtocalldue the 2 of 3 FILED: RENSSELAER COUNTY CLERK 01/31/2022 04:21 PM INDEX NO. EF2021-269048 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2022 mõrtgdged premises; That named the defendant(s) (f) "B" "F" in Schedule and may be adjudged to pay any denciency that mayremainafterapplyingallofsaid thereto:and money so applicable other (g)Thattheplaintit[havesuch reHefas may beproper. The further plaintiff demands judgment reservingitsrightto share in any surplus money arising from the mortgaged the sale of of its position, premises by virtue ifapplicable,as a subordinate or other lien mortgage, judgment creditor excludingthe mortgage beingforeclosedherein. DATED: 06/09/2021 /S/Melissa M.Tobrocke Melissa M. Tobrocke, Esq. . OVERTON, RUSSELL,DOERR& DONOVAN, LLP Attorneys for Plaintiff 19ExecutiveParkDrive 12065 Clifton Park, NewYork (518)383-4000 SCHEDULE"D" ALL THAT TRACT OR PARCEL OF LAND situateinthe Town of East Greenbush,County of Rensselaerand State ofNew York, known as Lots numbers three hundred twenty-fourand three (324 and 325) hutidred twenty-five on a map of Clinton Park made for CarlissRealty, Inc. byE.fL Welles, theRensselaer Surveyor.andfiledin CountyClerk'sOfficeJune 21, map is 1926, reference to which particular hereby Inade for a more description thereof. Publishedin The East County Journal January 5, January 12, January 19, Januarv 26, 2022 3 of 3