Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018
EXHIBIT A
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018
INDEx No. EK12 o17o014 o6
10 / 4 : 17
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017
SUPREME COURT OF THE STATE OF NEW YORK INDEX NO.
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - - -X
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER
WITH FIRST NIAGARA BANK, N.A.,
CERTIFICATE OF
Plaintiff, MERIT PURSUANT TO
CPLR 3012-b
-against-
Mortgaged Premises:
AMY I. MORRISON AS EXECUTRIX OF THE ESTATE OF 604 Big Tree Sugar
JANET M. WARNER A/K/A JANET MARILYN WARNER, Grove Rd.,
ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE Jamestown, NY 14701
OF THE ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR
AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER
A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS
POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF
JANET ,M. WARNER A/K/A JANET MARILYN WARNER,
ELIZABETH A. BARKER AS POSSIBLE HEIR AND
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A
JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M.
WARNER A/K/A JANET MARILYN WARNER, UNITED STATES
OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE
OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER
FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER
CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN
CHAUTAUQUA FEDERAL CREDIT UNION,
fl" through "JOHN #20," last
"JOHN DOE DOE the
twenty names being fictitious and unknown to
plaintiff, the persons or parties intended bel.ng
the tenants, occupants, persons or corporations,
if any, having or claiming an inter.est in or lien
upon the premises, described in the complaint,
Defendants.
- - - _ - - - - - - - - _. - - - - - - - - -X
1. I am an attorney at law duly licensed to practice in the
State of New York and am affiliated with the law firm of STAGG,
TERENZI, CONFUSIONE & WABNIK, LLP, attorneys for Plaintiff KEYBANK,
N.A. in this action.
2. This residential foreclosure action does not involve a home
loan, as such term is defined in the Real Property Actions and
Proceedings Law §1304. Upon information and belief, defendants Robert
Warner and Janet Warner are deceased, and are not residents of the
property subject to foreclosure.
1 of 6
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018
INDEX NO . EKl 2 0170 014 06
FILED: CHAUTAUGUA COUNTU CLERK 10/31/2017 04:17 PM)
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017
3. I have reviewed the facts of this case and reviewed
pertinent documents, including the mortgage, security agreement, note
or bond underlying the mortgage executed by defendant, all instruments
of assignment, and all other instruments of indebtedness including any
modification, extension and consolidation, (if any).
4. I have consulted about the facts of this case with the
following representatives of plaintiff:
Name Title
Wilhelmina Huff Assistant Vice President
5. Upon this review and consultation, to the best of my
knowledge, information and belief, I certify that there is a reasonable
basis for commencement of this action, and that plaintiff is the
creditor entitled to enforce rights under these documents.
6. Listed in Exhibit A and attached hereto are copies of the
following documents, if applicable, not otherwise included as
attachments to the summons and complaint:·the mortgage, security
instrument and note or bond underlying the mortgage executed by
defendant; all instruments of assignment (if any); and any other
instrument of indebtedness, including any modification, extension and
c solidation. (Check box if no documents are attached in Exhibit A:
7. 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: Ç{.
8. I am aware of my obligations under New York Rules of
Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130.
Dated:- October 31, 2017
Kathle d Crean Maher
2 of 6
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018
INDEX NO. EKl2017001406
FILED: CHAUTAUQUA COUNTY CLERK 10 /31/2 017 0 4 : 17 PM|
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - -X
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY AFFIDAVIT
MERGER· WITH FIRST NIAGARA BANK, N.A.,
Plaintiff,
-against- . Index No.
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF · Mortgaged Premises:
JANET M.. WARNER A/K/A JANET MARILYN WARNER, 604 Big Tree Sugar
ALLISON M. FUTCH AS POSSIBLE HEIR AND Grove Rd.,
DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER Jamestown, NY 14701
A/K/A JANET MARILYN .WARNER, MOLLY J. MATHIS AS
POSSIBLE HEIR AND DISTRIBUTEE OF.THE ESTATE OF Section 436; Block
JANET M. WARNER A/K/A JANET MARILYN WARNER, 1; Lot 41;
BRUCE W. BARKER AS POS.SIBLE HEIR AND DISTRIBUTEE
OF THE ESTATE OF JANET M. WARNER A/K/A JANET
MARILYN WARNER, ELIZABETH A. BARKER AS ·POSSIBLE
HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M.
WARNER A/K/A JANET MARILYN WARNER, ROBERT A.
LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE
ESTATE OF JANET M. WARNER A/K/A JANET MARILYN
WARNER, UNITED STATES OF AMERICA (WESTERN
DISTRICT), PEOPLE OF THE STATE OF NEW YORK,
MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL
SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER
FINANCIAL SERVICES AMERICAS LLC, SOUTHERN
CHAUTAUQUA FEDERAL CREDIT UNION,
#1" #20,"
"JOHN DOE through "JOHN DOE the ·1ast .
twenty names being fictitious and unknown to
plaintiff, the persons or parties intended being
the tenants, occupants, persons or corporations,
if any, having or claiming an interest in or
lien upon the premises, described in the
complaint
Defendants.
. - -X
STATE OF OHIO )
. ) SS.:
COUNTY OF CUYAHOGA )
, being duly sworn, deposes and
says:
1. I am of plaintiff in the above-
a(n) ,
captioned mortgage foreclosure action. I am authorized to execute this
affidavit.
3 of 6
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018
PM_J. INDEX NO. EKl2017001406
|FILED: CHAUTAUQUA COUNTY CLERK 10/31/2017 04:17
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017
captioned mortgage foreclosure action. I am authorized to execute this
affidavit.
2. I have performed the following actions:
A Confirmed the notice of default and ninety (90) day notice, if
required, were properly mailed prior to commencement of foreclosure.
B Reviewed the relevant loan documents and records pertaining to this
case.
C Reviewed the summons and complaint in·this action to confirm the
factual accuracy of the identity of the proper plaintiff, the defaults and
the amounts claimed to be due to plaintiff as set forth therein.
D Confirmed that the plaintiff is in physical possession of the
pertinent note or notes.
S ri to befo e Of UNSDORFER
AuDREY
d y of . , 201 .
NOTARY PUBLIC
STATE OF OHIO
NOTARY PU LIC Mycamm!:e!en Expires
January 24,2021
19
State of }
County of } s .
On the 0 ay of h before me, the
undersigned, personally ppea ed ,
personally known to me or proved to me on the basis of tisfactory evidence
to be the individual(s) whose name(s) is(are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument; and that such individual made
su h app arance before the undersigned in the
(inse t t e ciily and the state o country
the cknow edgment s tak n)
untU R UNSDOh
)
T . ARY PUBLIC
STATE OF OHIO
Mycommission Expires
anuary24,2021
B C, S
4 of 6
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 47 RECEIVED
INDEX NO .
NYSCEF:
EK12 017
11/06/2018
0 014 06
FI LED: CHAUTAUQUA COUNTY CLERK 10/31/2017 04:17 P .
NYS CE F DOC . NO. 4 RE CE IVED NYS dE F : 10 /31/2 O17
!
Index No.
SUPREME COURT OF THE STATE.OF NEW YORK
COUNTY OF CHAUTAUQUA
KEYBANK, N.A.
Plaintiff,
-against- .
THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL.,
Defendants.
CERTIFICATE OF MERIT
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
ATIORNEYSfor PIAINTIFF
Office & Post Office Address
401 FRANKLIN AVANUE
. SUITE 300
GARDEN CITY, NEW YORK 11530
(516) 812-4500
FACSIMILE NO. (516) 812-4600
Sign (Rule 10-1 )
CREAN MAHER
Service a copy of the within is hereby admitted
Dated, .
for
Attorney(s) ........-....-.....................
Please take notice
NOTICE OF ENTRY
that the within
is a (c:rtified)
true copy of a duly entered in the office of the clerk
of the within
named courton
NOTICE OF SETTLEMENT
Othat an order of whichthe within
is a true be pre:;:nted
copy will for settlement to the HON.one of the judges
of the
withinCourt,at
Dated,
Yours, etc.
STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
ATIORNEY(S) forPIAINTIFF
Office & Post Office Address
401 FRANKLIN AVENUE
SUITE 300
GARDEN CITY,NEW YORK 11530
(516) 812-4500
FACSIMILE NO. (516) 812-4600
for
Attorney(s)
6 of 6
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018 EXHIBIT A FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018 INDEx No. EK12 o17o014 o6 10 / 4 : 17 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017 SUPREME COURT OF THE STATE OF NEW YORK INDEX NO. COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - - -X KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY MERGER WITH FIRST NIAGARA BANK, N.A., CERTIFICATE OF Plaintiff, MERIT PURSUANT TO CPLR 3012-b -against- Mortgaged Premises: AMY I. MORRISON AS EXECUTRIX OF THE ESTATE OF 604 Big Tree Sugar JANET M. WARNER A/K/A JANET MARILYN WARNER, Grove Rd., ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE Jamestown, NY 14701 OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, BRUCE W. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET ,M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, fl" through "JOHN #20," last "JOHN DOE DOE the twenty names being fictitious and unknown to plaintiff, the persons or parties intended bel.ng the tenants, occupants, persons or corporations, if any, having or claiming an inter.est in or lien upon the premises, described in the complaint, Defendants. - - - _ - - - - - - - - _. - - - - - - - - -X 1. I am an attorney at law duly licensed to practice in the State of New York and am affiliated with the law firm of STAGG, TERENZI, CONFUSIONE & WABNIK, LLP, attorneys for Plaintiff KEYBANK, N.A. in this action. 2. This residential foreclosure action does not involve a home loan, as such term is defined in the Real Property Actions and Proceedings Law §1304. Upon information and belief, defendants Robert Warner and Janet Warner are deceased, and are not residents of the property subject to foreclosure. 1 of 6 FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018 INDEX NO . EKl 2 0170 014 06 FILED: CHAUTAUGUA COUNTU CLERK 10/31/2017 04:17 PM) NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement, note or bond underlying the mortgage executed by defendant, all instruments of assignment, and all other instruments of indebtedness including any modification, extension and consolidation, (if any). 4. I have consulted about the facts of this case with the following representatives of plaintiff: Name Title Wilhelmina Huff Assistant Vice President 5. Upon this review and consultation, to the best of my knowledge, information and belief, I certify that there is a reasonable basis for commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents, if applicable, not otherwise included as attachments to the summons and complaint:·the mortgage, security instrument and note or bond underlying the mortgage executed by defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension and c solidation. (Check box if no documents are attached in Exhibit A: 7. 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: Ç{. 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Dated:- October 31, 2017 Kathle d Crean Maher 2 of 6 FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018 INDEX NO. EKl2017001406 FILED: CHAUTAUQUA COUNTY CLERK 10 /31/2 017 0 4 : 17 PM| NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - -X KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY AFFIDAVIT MERGER· WITH FIRST NIAGARA BANK, N.A., Plaintiff, -against- . Index No. AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF · Mortgaged Premises: JANET M.. WARNER A/K/A JANET MARILYN WARNER, 604 Big Tree Sugar ALLISON M. FUTCH AS POSSIBLE HEIR AND Grove Rd., DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER Jamestown, NY 14701 A/K/A JANET MARILYN .WARNER, MOLLY J. MATHIS AS POSSIBLE HEIR AND DISTRIBUTEE OF.THE ESTATE OF Section 436; Block JANET M. WARNER A/K/A JANET MARILYN WARNER, 1; Lot 41; BRUCE W. BARKER AS POS.SIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ELIZABETH A. BARKER AS ·POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ROBERT A. LYON AS POSSIBLE HEIR AND DISTRIBUTEE OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, UNITED STATES OF AMERICA (WESTERN DISTRICT), PEOPLE OF THE STATE OF NEW YORK, MARINE MIDLAND BANK, N.A., CHRYSLER FINANCIAL SERVICES AMERICAS LLC F/K/A DAIMLER CHRYSLER FINANCIAL SERVICES AMERICAS LLC, SOUTHERN CHAUTAUQUA FEDERAL CREDIT UNION, #1" #20," "JOHN DOE through "JOHN DOE the ·1ast . twenty names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint Defendants. . - -X STATE OF OHIO ) . ) SS.: COUNTY OF CUYAHOGA ) , being duly sworn, deposes and says: 1. I am of plaintiff in the above- a(n) , captioned mortgage foreclosure action. I am authorized to execute this affidavit. 3 of 6 FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 11/06/2018 PM_J. INDEX NO. EKl2017001406 |FILED: CHAUTAUQUA COUNTY CLERK 10/31/2017 04:17 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 10/31/2017 captioned mortgage foreclosure action. I am authorized to execute this affidavit. 2. I have performed the following actions: A Confirmed the notice of default and ninety (90) day notice, if required, were properly mailed prior to commencement of foreclosure. B Reviewed the relevant loan documents and records pertaining to this case. C Reviewed the summons and complaint in·this action to confirm the factual accuracy of the identity of the proper plaintiff, the defaults and the amounts claimed to be due to plaintiff as set forth therein. D Confirmed that the plaintiff is in physical possession of the pertinent note or notes. S ri to befo e Of UNSDORFER AuDREY d y of . , 201 . NOTARY PUBLIC STATE OF OHIO NOTARY PU LIC Mycamm!:e!en Expires January 24,2021 19 State of } County of } s . On the 0 ay of h before me, the undersigned, personally ppea ed , personally known to me or proved to me on the basis of tisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument; and that such individual made su h app arance before the undersigned in the (inse t t e ciily and the state o country the cknow edgment s tak n) untU R UNSDOh ) T . ARY PUBLIC STATE OF OHIO Mycommission Expires anuary24,2021 B C, S 4 of 6 FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 47 RECEIVED INDEX NO . NYSCEF: EK12 017 11/06/2018 0 014 06 FI LED: CHAUTAUQUA COUNTY CLERK 10/31/2017 04:17 P . NYS CE F DOC . NO. 4 RE CE IVED NYS dE F : 10 /31/2 O17 ! Index No. SUPREME COURT OF THE STATE.OF NEW YORK COUNTY OF CHAUTAUQUA KEYBANK, N.A. Plaintiff, -against- . THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER , ET AL., Defendants. CERTIFICATE OF MERIT STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATIORNEYSfor PIAINTIFF Office & Post Office Address 401 FRANKLIN AVANUE . SUITE 300 GARDEN CITY, NEW YORK 11530 (516) 812-4500 FACSIMILE NO. (516) 812-4600 Sign (Rule 10-1 ) CREAN MAHER Service a copy of the within is hereby admitted Dated, . for Attorney(s) ........-....-..................... Please take notice NOTICE OF ENTRY that the within is a (c:rtified) true copy of a duly entered in the office of the clerk of the within named courton NOTICE OF SETTLEMENT Othat an order of whichthe within is a true be pre:;:nted copy will for settlement to the HON.one of the judges of the withinCourt,at Dated, Yours, etc. STAGG, TERENZI, CONFUSIONE & WABNIK, LLP ATIORNEY(S) forPIAINTIFF Office & Post Office Address 401 FRANKLIN AVENUE SUITE 300 GARDEN CITY,NEW YORK 11530 (516) 812-4500 FACSIMILE NO. (516) 812-4600 for Attorney(s) 6 of 6