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. 63 RECEIVED NYSCEF: 11/06/2018
EXHIBIT Q
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CHAUTAUQUA
- - - - - - - - - - - - - - - - - - - - - -X INDEX NO.
KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EK12017001406
MERGER WITH FIRST NIAGARA BANK, N.A.
Plaintiff, AFFIRMATION IN
SUPPORT OF
REASONABLE
ATTORNEY FEES
-against-
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 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,
Defendants.
- - - - - - - - - - - - - - - - - - - - - -X
I, Christopher E. Medina, Esq., an attorney duly admitted to
practice in the courts of the State of New York, affirms the following
to be true under penalty of perjury:
1. I am an associate with STAGG, TERENZI, CONFUSIONE &
WABNIK, LLP, attorneys for plaintiff in the above-entitled action.
2. I submit this affirmation in support of that portion of
plaintiff's complaint seeking recovery by the plaintiff of reasonable
attorneys' fees.
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018
"27"
3. Paragraph of the mortgage dated November 20, 2012
states:
"If we hire an attorney who is not a salaried employee of
ours to bring a lawsuit to foreclose our interest in the
property or to collect in any other way any of the
indebtedness not yet paid, you must, when we ask you to do
so, pay us a reasonable attorney's fee not exceeding 15
or the portion of the indebtedness sought to be recovered
in the lawsuit and all fees we pay in connection with the
foreclosure for any examination, report or other evidence
of title to any of the property".
4. This matter was referred to our office by the
plaintiff. I reviewed all of the bank's original papers and documents
pertaining to the within matter, including the note, mortgage,
computer loan history printout, correspondence with the mortgagors,
and tax payment information. In addition thereto, the following
services were thereafter rendered in connection with this matter:
a.) Received and reviewed bank's file.
b.) Ordered foreclosure certificate.
c.) Reviewed Mortgage Foreclosure Certificate issued
by Title Insurance Company.
d.) Prepared summons, verified long-form complaint,
notice of pendency of action.
e.) Filed verified long-form complaint and notice of
pendency of action with County Clerk.
f.) Forwarded summons and complaint to process server
for service upon defendants.
g.) Reviewed affidavits of service upon defendants.
h.) Prepared Order of Reference and Affirmation of
Regularity in support thereof.
i.) Prepared proposed referee's oath, report, abstract
of documentary evidence, statement of computation,
plaintiff's deposition and exhibits for referee
and delivered same to referee.
j.) Prepared proposed judgment of foreclosure and
sale, affirmation of regularity, CPLR 3215(g) (3)
affidavit, tax costs and disbursements.
Services to be Rendered During the Next Eight Weeks:
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018
After the judgment of foreclosure is signed, we shall
arrange to contact the Referee to Sell and arrange for a mutually
agreeable date for the foreclosure sale, prepare the notice of sale
for publication and submit it to the advertiser for appropriate
publication and (posting, if necessary); prepare for the sale, conduct
the sale on the scheduled date, including preparation of referee's
oath and report of sale, terms of sale; preparation for and attendance
at any required closing.
5. Said attorneys, paralegals and support staff have spent
a combined total of approximately 20 hours time on this matter and
estimate an additional 5 hours will be spent on this matter following
the entry of judgment.
6. Your affirmant submits that the amount requested for
attorneys' fees and in the original and which
herein, complaint,
defendant originally agreed in writing to pay, are fair and
reasonable, and requests that the Court allow the amount of $4,950.00
remain in the judgment as reasonable attorneys' which attorneys'
fees,
fees are demanded in the complaint. Additionally, your affirmant
requests that the Court allow the amount of $400.00 as reasonable
attorneys' of second and
fees for representation as a result third
causes of action.
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018
7. Your affirmant submits that there have been no other
fees paid in this matter.
Dated: November 1, 2018
Garden City, New York
hristoplier E. Medina, Esq.
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406
NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018
STGtW
STAG T CONyWON{ &WABNlK
ATTORNEYS
ATLAW
401 Franklin Avenue
Suite 300
Garden City, New York 11530
(516) 812-4500
Fax: (516)812-4600
Tax ID # 27-0196308
KeyBank STCW MATTER #: KBK.18616
Wilhelmina Huff STATEMENT #: 126174
4910 Tiedeman Road
Brooklyn, OH 44144 STATEMENT AS OF: September 30, 2017
RE: Keybank N.A. v. Warner, Robert & Janet
Property Address: 604 BigTree Sugar Grove Rd., JamêstGvvñ, NY14701 (Conv.)
Loan No.: 4560472666XXXXXA84
FOR PROFESS!Om.L SERVICES RENDEREDIN CONNECTIONWITH THE ABOVE REFERENCED MATTER
DATE TMKP DESCRIPTION HOURS
9/19/2017 KM Review review
title, additi0ñâ| Article15 causes of action to 3.30
extinguish priormcrtgages and judgments, Ip;review last
willand testament and of
peitition executrix
9/20/2017 KM Finalrevisions to summons and complaint and LP 0.60
9/20/2017 RPL Review of second and third
causes of action to extinguish 0.20
superior hens
Total Hours: 4.10
Total Fees: $1,127.50
Courtesy Discount: -$267.50
Amount Due After Discount: $860.00
AMOUNT FOR THIS STATEMENT: $860.00
PREVIOUS BALANCE DUE: $1,015.97
TOTAL NOW DUE: $1,875.97
RECEIPT*****
*****BALANCE DUE UPON
Preview
FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 EXHIBIT Q FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CHAUTAUQUA - - - - - - - - - - - - - - - - - - - - - -X INDEX NO. KEYBANK, NATIONAL ASSOCIATION SUCCESSOR BY EK12017001406 MERGER WITH FIRST NIAGARA BANK, N.A. Plaintiff, AFFIRMATION IN SUPPORT OF REASONABLE ATTORNEY FEES -against- 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 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, Defendants. - - - - - - - - - - - - - - - - - - - - - -X I, Christopher E. Medina, Esq., an attorney duly admitted to practice in the courts of the State of New York, affirms the following to be true under penalty of perjury: 1. I am an associate with STAGG, TERENZI, CONFUSIONE & WABNIK, LLP, attorneys for plaintiff in the above-entitled action. 2. I submit this affirmation in support of that portion of plaintiff's complaint seeking recovery by the plaintiff of reasonable attorneys' fees. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 "27" 3. Paragraph of the mortgage dated November 20, 2012 states: "If we hire an attorney who is not a salaried employee of ours to bring a lawsuit to foreclose our interest in the property or to collect in any other way any of the indebtedness not yet paid, you must, when we ask you to do so, pay us a reasonable attorney's fee not exceeding 15 or the portion of the indebtedness sought to be recovered in the lawsuit and all fees we pay in connection with the foreclosure for any examination, report or other evidence of title to any of the property". 4. This matter was referred to our office by the plaintiff. I reviewed all of the bank's original papers and documents pertaining to the within matter, including the note, mortgage, computer loan history printout, correspondence with the mortgagors, and tax payment information. In addition thereto, the following services were thereafter rendered in connection with this matter: a.) Received and reviewed bank's file. b.) Ordered foreclosure certificate. c.) Reviewed Mortgage Foreclosure Certificate issued by Title Insurance Company. d.) Prepared summons, verified long-form complaint, notice of pendency of action. e.) Filed verified long-form complaint and notice of pendency of action with County Clerk. f.) Forwarded summons and complaint to process server for service upon defendants. g.) Reviewed affidavits of service upon defendants. h.) Prepared Order of Reference and Affirmation of Regularity in support thereof. i.) Prepared proposed referee's oath, report, abstract of documentary evidence, statement of computation, plaintiff's deposition and exhibits for referee and delivered same to referee. j.) Prepared proposed judgment of foreclosure and sale, affirmation of regularity, CPLR 3215(g) (3) affidavit, tax costs and disbursements. Services to be Rendered During the Next Eight Weeks: FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 After the judgment of foreclosure is signed, we shall arrange to contact the Referee to Sell and arrange for a mutually agreeable date for the foreclosure sale, prepare the notice of sale for publication and submit it to the advertiser for appropriate publication and (posting, if necessary); prepare for the sale, conduct the sale on the scheduled date, including preparation of referee's oath and report of sale, terms of sale; preparation for and attendance at any required closing. 5. Said attorneys, paralegals and support staff have spent a combined total of approximately 20 hours time on this matter and estimate an additional 5 hours will be spent on this matter following the entry of judgment. 6. Your affirmant submits that the amount requested for attorneys' fees and in the original and which herein, complaint, defendant originally agreed in writing to pay, are fair and reasonable, and requests that the Court allow the amount of $4,950.00 remain in the judgment as reasonable attorneys' which attorneys' fees, fees are demanded in the complaint. Additionally, your affirmant requests that the Court allow the amount of $400.00 as reasonable attorneys' of second and fees for representation as a result third causes of action. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 7. Your affirmant submits that there have been no other fees paid in this matter. Dated: November 1, 2018 Garden City, New York hristoplier E. Medina, Esq. FILED: CHAUTAUQUA COUNTY CLERK 11/06/2018 10:49 AM INDEX NO. EK12017001406 NYSCEF DOC. NO. 63 RECEIVED NYSCEF: 11/06/2018 STGtW STAG T CONyWON{ &WABNlK ATTORNEYS ATLAW 401 Franklin Avenue Suite 300 Garden City, New York 11530 (516) 812-4500 Fax: (516)812-4600 Tax ID # 27-0196308 KeyBank STCW MATTER #: KBK.18616 Wilhelmina Huff STATEMENT #: 126174 4910 Tiedeman Road Brooklyn, OH 44144 STATEMENT AS OF: September 30, 2017 RE: Keybank N.A. v. Warner, Robert & Janet Property Address: 604 BigTree Sugar Grove Rd., JamêstGvvñ, NY14701 (Conv.) Loan No.: 4560472666XXXXXA84 FOR PROFESS!Om.L SERVICES RENDEREDIN CONNECTIONWITH THE ABOVE REFERENCED MATTER DATE TMKP DESCRIPTION HOURS 9/19/2017 KM Review review title, additi0ñâ| Article15 causes of action to 3.30 extinguish priormcrtgages and judgments, Ip;review last willand testament and of peitition executrix 9/20/2017 KM Finalrevisions to summons and complaint and LP 0.60 9/20/2017 RPL Review of second and third causes of action to extinguish 0.20 superior hens Total Hours: 4.10 Total Fees: $1,127.50 Courtesy Discount: -$267.50 Amount Due After Discount: $860.00 AMOUNT FOR THIS STATEMENT: $860.00 PREVIOUS BALANCE DUE: $1,015.97 TOTAL NOW DUE: $1,875.97 RECEIPT***** *****BALANCE DUE UPON