On October 31, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Keybank, National Association Successor By Merger With First Niagara Bank, N.A.,
and
Allison M. Futch As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Amy L. Morrison As Executrix 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,
Chrysler Financial Services Americas Llc F K A Daimler Chrysler Financial Services Americas Llc,
Elizabeth A. Barker As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
John Doe #1 Through John Doe #20, The Last 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,
Marine Midland Bank, N.A.,
Molly J. Mathis As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
People Of The State Of New York,
Robert A. Lyon As Possible Heir And Distributee Of The Estate Of Janet M. Warner A K A Janet Marilyn Warner,
Southern Chautauqua Federal Credit Union,
United States Of America,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Chautauqua County.
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018
EXHIBIT K
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY· OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - - -X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406
MERGER WITH FIRST NIAGARA BANK, N.A.,
Plaintiff,
MAILING COPY OF
-against- SUMMONS PURSUANT TO
CPLR 3215 (G) (3)
AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET
M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M.
FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE 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 JÃNET
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 CBAUTAUQUA FEDERAL CREDIT UNION,
#1" #20,"
"JOHN DOE through "JOHN DOE the last
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,
.
Defendant,
- - - - - - - - - - - - - - - - - - - - - - X
STATE OF NEW YORK )
COUNTY OF NASSAU )
Jonathan Egalite, being duly sworn, deposes and says:
That he is employed by STAGG, TERENZI, CONFUSIONE & WABNIK, LLP
attorneys for the above named plaintiff, and is over the age of 18
years.
8*
That in compliance with CPLR 3215(g) (3), on the day of March 2018,
he enclosed a copy of the swmnons of this matter in a first class mail
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018
post-paid sealed envelope properly addressed to the natural
defendant(s) listed below at A. [ ] the place of residence of the
defendant(s); B. [ ] the place of employment of the defendant(s) (his,
or her place of residence being unknown); or C. [X] the last known
residence of defendant(s), (his or her place of residence and place of
employment being unknown), and deposited said envelope in an official
depository under the exclusive care and custody of the U.S. Postal
Service within New York State, and that the envelope has not been
returned.
Confidential"
That the envelope bore the legend "Personal and and
there was no indication on the envelope that the communication was
from an attorney or that it concerns an alleged debt.
NO OTHER DEFENDANTS HAVE ANSWERED THE COMPLAINT OR APPEARED IN THIS
ACTION AND REQUESTED A COPY OF THIS APPLICATION.
AMY L. MORRISON
96 Old Fentonville Road
Frewsburg, NY 14738
ALLISON M. FUTCH
3130 Beauchamp Court
Winter Haven, FL 33884
MOLLY J. MATHIS
13730 Hatchineha Road
Haines City, FL 33814
BRUCE W. BARKER
5772 Ellicott Road, Lot 52
Brocton, NY 14716
ELIZABETH A. BARKER
13 Lake Shore Drive West
Dunkirk, NY 14048
ROBERT A. LYON
96 Old Fentonville Road
---
Frewsburg, NY 14738 ,/
Johathd Ega te
Sworn to before me this
8*
day of March 2018
OTARY PUBLIC
JManGeda
NolaryPublic,State ofNew Yods
No.018MEDM08
Qualifiedin Nassau Co
Commission E xpires
May n Î, __
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018 EXHIBIT K FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY· OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EKl2017001406 MERGER WITH FIRST NIAGARA BANK, N.A., Plaintiff, MAILING COPY OF -against- SUMMONS PURSUANT TO CPLR 3215 (G) (3) AMY L. MORRISON AS EXECUTRIX OF THE ESTATE OF JANET M. WARNER A/K/A JANET MARILYN WARNER, ALLISON M. FUTCH AS POSSIBLE HEIR AND DISTRIBUTEE 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 JÃNET 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 CBAUTAUQUA FEDERAL CREDIT UNION, #1" #20," "JOHN DOE through "JOHN DOE the last 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, . Defendant, - - - - - - - - - - - - - - - - - - - - - - X STATE OF NEW YORK ) COUNTY OF NASSAU ) Jonathan Egalite, being duly sworn, deposes and says: That he is employed by STAGG, TERENZI, CONFUSIONE & WABNIK, LLP attorneys for the above named plaintiff, and is over the age of 18 years. 8* That in compliance with CPLR 3215(g) (3), on the day of March 2018, he enclosed a copy of the swmnons of this matter in a first class mail FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 57 RECEIVED NYSCEF: 11/06/2018 post-paid sealed envelope properly addressed to the natural defendant(s) listed below at A. [ ] the place of residence of the defendant(s); B. [ ] the place of employment of the defendant(s) (his, or her place of residence being unknown); or C. [X] the last known residence of defendant(s), (his or her place of residence and place of employment being unknown), and deposited said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, and that the envelope has not been returned. Confidential" That the envelope bore the legend "Personal and and there was no indication on the envelope that the communication was from an attorney or that it concerns an alleged debt. NO OTHER DEFENDANTS HAVE ANSWERED THE COMPLAINT OR APPEARED IN THIS ACTION AND REQUESTED A COPY OF THIS APPLICATION. AMY L. MORRISON 96 Old Fentonville Road Frewsburg, NY 14738 ALLISON M. FUTCH 3130 Beauchamp Court Winter Haven, FL 33884 MOLLY J. MATHIS 13730 Hatchineha Road Haines City, FL 33814 BRUCE W. BARKER 5772 Ellicott Road, Lot 52 Brocton, NY 14716 ELIZABETH A. BARKER 13 Lake Shore Drive West Dunkirk, NY 14048 ROBERT A. LYON 96 Old Fentonville Road --- Frewsburg, NY 14738 ,/ Johathd Ega te Sworn to before me this 8* day of March 2018 OTARY PUBLIC JManGeda NolaryPublic,State ofNew Yods No.018MEDM08 Qualifiedin Nassau Co Commission E xpires May n Î, __