Preview
FILED: ERIE COUNTY CLERK 05/17/2022
11/03/2022 04:39
11:39 PM
AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 1
16 RECEIVED NYSCEF: 05/18/2022
11/03/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK, SUMMONS
FORECLOSURE ACTION
Plaintiff,
Index No.:
v.
Property Address:
CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road
TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033
Defendants. SBL No.: 243.03-3-23.11
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and
serve a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service
of this Summons, exclusive of the day of service, or within thirty (30) days after completion of
service where service is made in any other manner than by personal delivery within the State.
The United States of America, if designated as a defendant in this action, may answer or appear
within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment
will be taken against you by default for the relief demanded in the Complaint.
Erie County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises.
{8849894: }105180-1
1 of 7
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
SUPREME COURT STATE OF NEW YORK Index No. 805833/2022
COUNTY OF ERIE
AFFIDAVIT OF DUE DILIGENCE
M&T BANK, Plaintiff
Client File No.: 105180
vs.
CODY J. NICHOLS, ET AL., Defendant(s)
STATE OF NEW YORK
COUNTY OF ERIE, SS:
Jillian Samit, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not
a party to this action. I reside in the State of New York.
That on May 19, 2022, your deponent received from Woods Oviatt Gilman LLP, the attorneys for the plaintiff
in this action, the E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; 1303
NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and
the titleto the notice printed in twenty-point type in compliance with RPAPL Sect 1303 for service upon
CODY J.NICHOLS at 8497 Heath Road, Colden, New York 14033.
Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to the aforementioned address on the following dates: Thurs. 5/19/22 at 5:05 PM and
8:08 PM; Fri. 5/20/22 at 9:15 AM and 7:41 PM; Sat. 5/21/22 at 9:45 AM and 5:59 PM; Mon. 5/23/22 at 7:05
PM; Tues. 5/24/22 at 10:18 AM and 6:56 PM; Fri. 5/27/20 at 8:55 PM; Sat. 5/28/22 at 2:16 PM; and Wed.
6/1/22 at 10:10 AM. On each attempt, no answer at the door, no vehicles in driveway, no activity inside, mail
piling up. On 5/24/22, spoke to neighbor at 8511 Heath who stated he hasn't seen defendant at the property in
a few weeks. He stated if the defendant was home, his truck would be in the driveway. Followed up with
neighbor on 6/1/22, he stated he stillhasn't seen the defendant or any vehicles at the property. (See Exhibit I)
Your deponent made a formal request upon the United States Postal Service at Colden, New York 14033 for
CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033 and received a response "No change of
address order on file". (See Exhibit H)
Your deponent made a formal request upon the New York State Department of Motor Vehicles for CODY
NICHOLS that returned a result listing the address as 8497 Heath Road, Colden, NY 14033. (See Exhibit III)
Your deponent conducted a skip trace for CODY J. NICHOLS that provides a possible alternate address of
6685 Scherff Road, Orchard Park, New York 14127, (See Exhibit IV)
Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to the aforementioned address on 5-25-2022 and stated, "Woman answered the door,
was very standoffish, stated defendant used to live here but doesn't anymore. I asked her ifhe's stillliving at
the property in Colden. she stated she didn't know ifthat was my business. I read offthe address to her and she
information."
stated something along the lines of "yeah I guess thats the address". Refused any further (See
Exhibit V)
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
Your deponent made a formal request upon the United States Postal Service at Orchard Park, New York 14127
for CODY J. NICHOLS at 6685 Scherff Road, Orchard Park, New York 14127 and received a response "No
change of address order on file". (See Exhibit VI)
Your deponent conducted another skip trace for CODY J. NICHOLS that provides possible addresses, 1224
Kennebec Road, Grand Blanc, MI 48439 and 2657 Dean Road, Highland, MI 48356. (See Exhibit VII)
Your deponent's agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to 1224 Kennebec Road, Grand Blanc, MI 48439 on 6-8-2022 and stated, "I received
a call from Cody Nichols. I came back to serve him and when I gave him the documents he told me that his
name is not Cody J. Nichols. His name is Cody D. Nichols. He states that he has had issues with lenders,
insurance and banking since he graduated from high school with regard to mistaken identity to the point that
he uses his first and middle name now to avoid this problem as much as possible. His middle name is Delos.
He showed me and allowed me to obtain a picture of his photo ID and he also offered his birth certificate so I
took a picture of that as well. He has actually researched the individual that is the defendant in this case. He
states they are close in age and the only difference is the middle name. He states he iscurrently in the process
defendant."
of trying to figure out how to disassociate his name with this (See Exhibit VIII)
Your deponent's agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to 2657 Dean Road, Highland, MI 48356 on 7-16-2022 and stated "spoke with Gene
house."
Jimemez, stated that he has lived there for 2 years, defendant lived there prior to him buying the (See
Exhibit IX)
Your deponent made a formal request upon the United States Postal Service at Waterford, Michigan 48329 for
CODY J. NICHOLS at 2657 Dean Road, Highland, MI 48356 and received a response "No change of address
order on file". (See Exhibit X)
Your deponent, after making a due and diligent effort to effect service of the E-FILE NOTICE; SUMMONS
AND COMPLAINT; CERTIFICATE OF MERIT; 1303 NOTICE-Help for Homeowners in Foreclosure in
bold fourteen-point type and printed on colored paper, and the titleto the notice printed in twenty-point type
in compliance with RPAPL Sect 1303 upon CODY J. NICHOLS verily believes that said service cannot be
effected for the reasons set forth.
Jillian Samit
worn to and subscribed before me on 8-15-2022
N t u I
Jennifer R. DeGroat
Public, State ofNew York
Notary
Reg. No. 01DE6114404
Qualifiedin ErieCounty
Cornmission Expires 10/13/2024
Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place, Rochester, New York 14604
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF:
m94a311/03/2022
SUPREME COURT STATE OF NEW YORK AFFIDAVIT OF ATTEMPTED SERVICE
COUNTY OF ERIE
Index No.: 805833/2022
S&C Filed: 5-17-2022
M&T BANK, Plaintiff
vs. Client FileNo.: 105180
CODY J. NICHOLS, ET AL., Defendant(s)
STATE OF NEW YORK
COUNTY OF ERIE, SS.:
Douglas Difilippo theundersigned being dulysworn, deposes and saysthat I was atthe time of service over the ageof eighteen and
not a partytothis action.I resideinthe Stateof New York.
That on 6-1-2022 at approximately 10:10 am, Iattempted to serve the 1303 NOTICE-Help for Homeowners in Foreclosure inbold
fourteen-pointtype and printed on colored paper, and the title
to thenotice printed intwenty-point type in compliance with RPAPL
Sect 1303; E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; on CODY J. NICHOLS at 8497 Heath
Road, Colden, New York 14033, inthe following manner:
Attempts made:
Thurs. 5/19/22 at 5:05PM and 8:08 PM;
Fri.5/20/22 at 9:15AM and 7:41 PM;
Sat.5/21/22 at 9:45AM and 5:59 PM;
Mon. 5/23/22 at 7:05PM;
Tues. 5/24/22 at10:18 AM and 6:56 PM;
Fri.5/27/20 at 8:55PM;
Sat.5/28/22 at 2:16PM;
and Wed. 6/1/22at 10:10 AM
On each attempt, no answer at thedoor,no vehicles indriveway, no activityinside,mail pilingup. On 5/24/22, spoke toneighbor at
8511 Heath who statedhe hasn'tseen defendant at theproperty ina few weeks. He statedifthedefendant was home, histruck would
be in thedriveway. Followed up with neighbor on 6/1/22, he statedhe still
hasn'tseen thedefendant or any vehiclesat theproperty.
ouglas ffifilippo
Subscribed to beforeme this day of June 2022
Notary Public
ÓILLIAN SAMIT
STATEOF NEW YORK
NOTARY PUBLIC,
0tSA641378)
No.
Registration
Qualifiedin ErieCounty
ExpiresFebruary 01, 2025
Commission
Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place,Rochester, New York 14604, (855) 227-5072
EXHIBIT I
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX J744c5
NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
Postmaster Date: 6-17-2022 133791 279,403
Colden, New York 14033
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS
Please furnish the new addressor thename and streetaddress (ifa boxholder) forthe following:
Name: CODY J.NICHOLS
Address: 8497 Heath Road, Colden, New York 14033
Note: Only one request made per completed form. The name and lastknown address are required forchange of addressinformation.
The name, ifknown, and postoffice box address arerequired for boxholder information.
The following information is provided in accordance with 39 CFR 265.6 There
(d)(5)(ii). isno fee for providing boxholder or change
of address infonnation.
1. Capacity of requester: PROCESS SERVER
2. Statuteor regulation thatempowers me toserve process (not requiredwhen requestor isan attorney or a part pro se- except a
acting
corporation acting pro se must citestatute): CivilPractice Law pnd Rules Rule 2103
3.The names of allknown parties tolitigation:M.&T BANK vs.CODY J. NICHOLS, ET AL.
4. The court inwhich the case has been or will be heard: ERIE SUPREME Court
5. The docket or otheridentifying number (a orb must be complete)
X a. Docket or other identifyingnumber: 805833/2022
b.Docket or other identifyingnumber has notbeen issued
6. The capacity inwhich thisindividual isto be served (e.g.,defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION
WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INLCUDING A FINE OF UP
TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).
I certifythat abo ormation is true and that the address inforrnation isneeded and will be used solely for service of legal
process i co jui mn wi actual or prospective litigation.
2701 TransitRd. Suite 140
ignature Address
Jillian
Samit E_lma, NY 14059
Printed Name City, State,ZIP Code
POST OFFICE USE ONLY
____ No change of address order on file. NEW ADDRESS OR POSTMARK
_ Moved, leftno forwarding address. BOXHOLDERS NAME
COL
___No Such address. NAME AND STREET ADDRESS
EXHIBIT II
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
TODAY'S DATE: 6/03/2022 TIME: 08:55:01
*RECORD EXPANSION FOR: NICHOLS,CODY,JAMES
CLIENT ID#:
NICHOLS,CODY,JAMES DOB: 1992 SEX: M
8497 HEATH RD HEIGHT: 6-1 EYE COLOR: HAZEL
COLDEN NY 14033 COUNTY: ERIE
MI 9:
NAME ON LICENSE/_ID: NICHOLS
CODY,JAMES
RESTRICTIONS: CORRECTIVE LENSES
LICENSE CLASS: CDL *BM* STATUS:VALID EXPIRATION: 2029
CDL ENDORSEMENTS: NONE
RESTRICTIONS: MED CERT EXEMPT
BALANCE: 259.00
MENU NEXT ABSTRACT
( RECORD CONTINUED ON FOLLOWING PAGE )
EXHIBIT III
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
icliCORE
Expanded Person Search
Last Name: nichols First Name: cody Exact First Name: No Date of Birth: //1992 City: colden State: ny
Reference ID:133791
1 result(s).
CODY NICHOLS Likely Current Address: 8497 HEATH RD, COLDEN, NY, 14033 (ERIE)
CODY J NICHOLS (08/01/2016-Current)
Last Seen Email Address: None Found
CODY R NICHOLS
Last Seen IP Address: None Found
hide alias
2
SR Bankruptcies:
IJens: None
None
Found
Found
XXXX Judgments: None Found
Issued in 93 Foreclosures: None Found
DOB: 1992 Possible Criminal/Infractions: None Found
Business Affiliations:None Found
Professional Licenses: None Found
Address (County/Parish/Borough) Likely Relationships
History:
8497 HEATH RD, COLDEN, NY, 14033 Switch back to
(ERIE) 4 simple view
(08/01/2016-Current)
Parent 2 found A
6685 SCHˆRFF RD ORCHAPdPARK, NY,
14127 (ERIE) James Nichols (61)
(12/31/2010-07/08/2019 Wendy Nichols (59)
3 found A
Sibling
Cody Nichols (29)
KristieNichols (32)
Julianne Nichols (34)
In-Law 1 found A
Kelsey Macdonald
(25)
Neighbor 4 found A
Jane Roesser (66)
Brooke Frontera (41)
John Kruszka (51)
Edward Roesser (69)
Past Neighbot found A
Daniel Hochadel (55)
Unclassified 1 found A
Associates
Joshua Hayes (35)
Show less
Possible Email Possible IP
Addresses: (LastSeen) Addresses: (Last
None Found
INDEX NO. 805833/2022
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM cTN403
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
SUPREME COURT STATE OF NEW YORK AFFIDAVIT OF ATTEMPTED
COUNTY OF ERIE SERVICE
Index No.: 805833/2022
M&T BANK, Plaintiff
S&C Filed: 5-17-2022
vs.
ClientFileNo.: 105180
CODY J. NICHOLS, ET AL., Defendant(s)
STATE OF NEW YORK
COUNTY OF ERIE, SS.:
Douglas Difilippo the undersigned being duly sworn, deposes and says that I was at the time of service over the
age of eighteen and not a party to thisaction. Ireside in theState of New York.
That on 5-25-2022 at approximately 10:27 am, I attempted to serve the 1303 NOTICE-Help for Homeowners in
Foreclosure in bold fourteen-point type and printed on colored paper, and the titleto the notice printed intwenty-
point type in compliance with RPAPL Sect 1303; E-FILE NOTICE; SUMMONS AND COMPLAINT;
CERTIFICATE OF MERIT; on CODY J. NICHOLS at 6685 Scherff Road, Orchard Park, New York 14127, in the
following manner:
Woman answered the door, was very standoffish,stateddefendant used to livehere but doesn't anymore. I asked her
ifhe's still
livingat the property inColden, she statedshe didn't know ifthatwas my business. I readoff the address
to herand she stated something along the linesof "yeah I guess the
that's address". Refused any further
information.
Douglas DMlippo
Subscribed to before me this day of r , 20
Jennifer R. DeGroat
Notary Public, State ofNew York
ot Pd he Reg. No. 01DE6114404
Qualified in ErieCounty
Commission Expires 10/13/2024
Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place, Rochester, New York 14604, (855) 227-5072
NOTARY PUBLIC, STATE OF NEW YORK
RegistrationNo. 01SA6413781
Qualifiedin Erie
County
Commission ExpiresFebruary 01, 2025
EXHIBIT V
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
Postmaster Date: 6-17-2022 133969 279,403
Orchard Park, New York 14127
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS
Please furnish the new addressor thename and streetaddress (ifa boxholder) forthe following:
Name: CODY & NICHOLS
Address: 6685 Scherff Road, Orchard Park, New York 14127
Note: Only one request made per completed form. The name and lastknown address are required for change of address information.
The name, ifknown, and postoffice box address arerequired for boxholder information.
The following information is provided in accordance with 39 CFR 265.6 (d)(5)(ii).
There is nofee for providing boxholder or change
of address information.
1. Capacity of requester: PROCESS SERVER
2. Statuteor regulation thatempowers me toserve process (not required when requestor isan or a part pro se- excepta
attorney acting
corporation acting pro se must cite statute):Civil PracticeLaw and Rules Rule 2103
3. The names of allknown parties to M&T
litigation: BANK vs. CODY L NICHOLS, ET AL.
4.The court inwhich the case has been or willbe heard: ERIE SUPREME Court
5. The docket or otheridentifying number (a orb must be complete)
X a. Docket or otheridentifying number: 805833/2022
b.Docket or other identifyingnumber has not been issued
6. The capacity inwhich thisindividual isto be served (e.g.,defendant or witness):Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR
BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION
WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INLCUDING A FINE OF UP
TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE l 8 U.S.C. SECTION 1001).
I certify at the ve i ation istrue and that the address information is needed and willbe used solely for service of legal
"t'
process in conju with ac alor prospective litigation.
2701 Transit Rd. Suite 140
Signature Address
JillianSamit Elma, NY 14059
PrintedName City, State,ZIP Code
POST OFFICE USE ONLY
No change of addressorder on file. NEW ADDRESS OR POSTMARK
__ Moved, leftno forwarding address. BOXHOLDERS NAME
___No Such address. NAME AND STREET ADDRESS O
UN 2 2022
EXHIBIT VI
FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022
24/7 Search an&T&hnical
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Preview
FILED: ERIE COUNTY CLERK 05/17/2022 11/03/2022 04:39 11:39 PM AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 1 16 RECEIVED NYSCEF: 05/18/2022 11/03/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, SUMMONS FORECLOSURE ACTION Plaintiff, Index No.: v. Property Address: CODY J. NICHOLS, MANUFACTURERS AND 8497 Heath Road TRADERS TRUST COMPANY, JOHN DOE, Colden, NY 14033 Defendants. SBL No.: 243.03-3-23.11 TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and serve a copy of your Answer on the plaintiff's attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Erie County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. {8849894: }105180-1 1 of 7 FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT STATE OF NEW YORK Index No. 805833/2022 COUNTY OF ERIE AFFIDAVIT OF DUE DILIGENCE M&T BANK, Plaintiff Client File No.: 105180 vs. CODY J. NICHOLS, ET AL., Defendant(s) STATE OF NEW YORK COUNTY OF ERIE, SS: Jillian Samit, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the State of New York. That on May 19, 2022, your deponent received from Woods Oviatt Gilman LLP, the attorneys for the plaintiff in this action, the E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; 1303 NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and the titleto the notice printed in twenty-point type in compliance with RPAPL Sect 1303 for service upon CODY J.NICHOLS at 8497 Heath Road, Colden, New York 14033. Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to the aforementioned address on the following dates: Thurs. 5/19/22 at 5:05 PM and 8:08 PM; Fri. 5/20/22 at 9:15 AM and 7:41 PM; Sat. 5/21/22 at 9:45 AM and 5:59 PM; Mon. 5/23/22 at 7:05 PM; Tues. 5/24/22 at 10:18 AM and 6:56 PM; Fri. 5/27/20 at 8:55 PM; Sat. 5/28/22 at 2:16 PM; and Wed. 6/1/22 at 10:10 AM. On each attempt, no answer at the door, no vehicles in driveway, no activity inside, mail piling up. On 5/24/22, spoke to neighbor at 8511 Heath who stated he hasn't seen defendant at the property in a few weeks. He stated if the defendant was home, his truck would be in the driveway. Followed up with neighbor on 6/1/22, he stated he stillhasn't seen the defendant or any vehicles at the property. (See Exhibit I) Your deponent made a formal request upon the United States Postal Service at Colden, New York 14033 for CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033 and received a response "No change of address order on file". (See Exhibit H) Your deponent made a formal request upon the New York State Department of Motor Vehicles for CODY NICHOLS that returned a result listing the address as 8497 Heath Road, Colden, NY 14033. (See Exhibit III) Your deponent conducted a skip trace for CODY J. NICHOLS that provides a possible alternate address of 6685 Scherff Road, Orchard Park, New York 14127, (See Exhibit IV) Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to the aforementioned address on 5-25-2022 and stated, "Woman answered the door, was very standoffish, stated defendant used to live here but doesn't anymore. I asked her ifhe's stillliving at the property in Colden. she stated she didn't know ifthat was my business. I read offthe address to her and she information." stated something along the lines of "yeah I guess thats the address". Refused any further (See Exhibit V) FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 Your deponent made a formal request upon the United States Postal Service at Orchard Park, New York 14127 for CODY J. NICHOLS at 6685 Scherff Road, Orchard Park, New York 14127 and received a response "No change of address order on file". (See Exhibit VI) Your deponent conducted another skip trace for CODY J. NICHOLS that provides possible addresses, 1224 Kennebec Road, Grand Blanc, MI 48439 and 2657 Dean Road, Highland, MI 48356. (See Exhibit VII) Your deponent's agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to 1224 Kennebec Road, Grand Blanc, MI 48439 on 6-8-2022 and stated, "I received a call from Cody Nichols. I came back to serve him and when I gave him the documents he told me that his name is not Cody J. Nichols. His name is Cody D. Nichols. He states that he has had issues with lenders, insurance and banking since he graduated from high school with regard to mistaken identity to the point that he uses his first and middle name now to avoid this problem as much as possible. His middle name is Delos. He showed me and allowed me to obtain a picture of his photo ID and he also offered his birth certificate so I took a picture of that as well. He has actually researched the individual that is the defendant in this case. He states they are close in age and the only difference is the middle name. He states he iscurrently in the process defendant." of trying to figure out how to disassociate his name with this (See Exhibit VIII) Your deponent's agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to 2657 Dean Road, Highland, MI 48356 on 7-16-2022 and stated "spoke with Gene house." Jimemez, stated that he has lived there for 2 years, defendant lived there prior to him buying the (See Exhibit IX) Your deponent made a formal request upon the United States Postal Service at Waterford, Michigan 48329 for CODY J. NICHOLS at 2657 Dean Road, Highland, MI 48356 and received a response "No change of address order on file". (See Exhibit X) Your deponent, after making a due and diligent effort to effect service of the E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; 1303 NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and the titleto the notice printed in twenty-point type in compliance with RPAPL Sect 1303 upon CODY J. NICHOLS verily believes that said service cannot be effected for the reasons set forth. Jillian Samit worn to and subscribed before me on 8-15-2022 N t u I Jennifer R. DeGroat Public, State ofNew York Notary Reg. No. 01DE6114404 Qualifiedin ErieCounty Cornmission Expires 10/13/2024 Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place, Rochester, New York 14604 FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: m94a311/03/2022 SUPREME COURT STATE OF NEW YORK AFFIDAVIT OF ATTEMPTED SERVICE COUNTY OF ERIE Index No.: 805833/2022 S&C Filed: 5-17-2022 M&T BANK, Plaintiff vs. Client FileNo.: 105180 CODY J. NICHOLS, ET AL., Defendant(s) STATE OF NEW YORK COUNTY OF ERIE, SS.: Douglas Difilippo theundersigned being dulysworn, deposes and saysthat I was atthe time of service over the ageof eighteen and not a partytothis action.I resideinthe Stateof New York. That on 6-1-2022 at approximately 10:10 am, Iattempted to serve the 1303 NOTICE-Help for Homeowners in Foreclosure inbold fourteen-pointtype and printed on colored paper, and the title to thenotice printed intwenty-point type in compliance with RPAPL Sect 1303; E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; on CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033, inthe following manner: Attempts made: Thurs. 5/19/22 at 5:05PM and 8:08 PM; Fri.5/20/22 at 9:15AM and 7:41 PM; Sat.5/21/22 at 9:45AM and 5:59 PM; Mon. 5/23/22 at 7:05PM; Tues. 5/24/22 at10:18 AM and 6:56 PM; Fri.5/27/20 at 8:55PM; Sat.5/28/22 at 2:16PM; and Wed. 6/1/22at 10:10 AM On each attempt, no answer at thedoor,no vehicles indriveway, no activityinside,mail pilingup. On 5/24/22, spoke toneighbor at 8511 Heath who statedhe hasn'tseen defendant at theproperty ina few weeks. He statedifthedefendant was home, histruck would be in thedriveway. Followed up with neighbor on 6/1/22, he statedhe still hasn'tseen thedefendant or any vehiclesat theproperty. ouglas ffifilippo Subscribed to beforeme this day of June 2022 Notary Public ÓILLIAN SAMIT STATEOF NEW YORK NOTARY PUBLIC, 0tSA641378) No. Registration Qualifiedin ErieCounty ExpiresFebruary 01, 2025 Commission Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place,Rochester, New York 14604, (855) 227-5072 EXHIBIT I FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX J744c5 NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 Postmaster Date: 6-17-2022 133791 279,403 Colden, New York 14033 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new addressor thename and streetaddress (ifa boxholder) forthe following: Name: CODY J.NICHOLS Address: 8497 Heath Road, Colden, New York 14033 Note: Only one request made per completed form. The name and lastknown address are required forchange of addressinformation. The name, ifknown, and postoffice box address arerequired for boxholder information. The following information is provided in accordance with 39 CFR 265.6 There (d)(5)(ii). isno fee for providing boxholder or change of address infonnation. 1. Capacity of requester: PROCESS SERVER 2. Statuteor regulation thatempowers me toserve process (not requiredwhen requestor isan attorney or a part pro se- except a acting corporation acting pro se must citestatute): CivilPractice Law pnd Rules Rule 2103 3.The names of allknown parties tolitigation:M.&T BANK vs.CODY J. NICHOLS, ET AL. 4. The court inwhich the case has been or will be heard: ERIE SUPREME Court 5. The docket or otheridentifying number (a orb must be complete) X a. Docket or other identifyingnumber: 805833/2022 b.Docket or other identifyingnumber has notbeen issued 6. The capacity inwhich thisindividual isto be served (e.g.,defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INLCUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certifythat abo ormation is true and that the address inforrnation isneeded and will be used solely for service of legal process i co jui mn wi actual or prospective litigation. 2701 TransitRd. Suite 140 ignature Address Jillian Samit E_lma, NY 14059 Printed Name City, State,ZIP Code POST OFFICE USE ONLY ____ No change of address order on file. NEW ADDRESS OR POSTMARK _ Moved, leftno forwarding address. BOXHOLDERS NAME COL ___No Such address. NAME AND STREET ADDRESS EXHIBIT II FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 TODAY'S DATE: 6/03/2022 TIME: 08:55:01 *RECORD EXPANSION FOR: NICHOLS,CODY,JAMES CLIENT ID#: NICHOLS,CODY,JAMES DOB: 1992 SEX: M 8497 HEATH RD HEIGHT: 6-1 EYE COLOR: HAZEL COLDEN NY 14033 COUNTY: ERIE MI 9: NAME ON LICENSE/_ID: NICHOLS CODY,JAMES RESTRICTIONS: CORRECTIVE LENSES LICENSE CLASS: CDL *BM* STATUS:VALID EXPIRATION: 2029 CDL ENDORSEMENTS: NONE RESTRICTIONS: MED CERT EXEMPT BALANCE: 259.00 MENU NEXT ABSTRACT ( RECORD CONTINUED ON FOLLOWING PAGE ) EXHIBIT III FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 icliCORE Expanded Person Search Last Name: nichols First Name: cody Exact First Name: No Date of Birth: //1992 City: colden State: ny Reference ID:133791 1 result(s). CODY NICHOLS Likely Current Address: 8497 HEATH RD, COLDEN, NY, 14033 (ERIE) CODY J NICHOLS (08/01/2016-Current) Last Seen Email Address: None Found CODY R NICHOLS Last Seen IP Address: None Found hide alias 2 SR Bankruptcies: IJens: None None Found Found XXXX Judgments: None Found Issued in 93 Foreclosures: None Found DOB: 1992 Possible Criminal/Infractions: None Found Business Affiliations:None Found Professional Licenses: None Found Address (County/Parish/Borough) Likely Relationships History: 8497 HEATH RD, COLDEN, NY, 14033 Switch back to (ERIE) 4 simple view (08/01/2016-Current) Parent 2 found A 6685 SCHˆRFF RD ORCHAPdPARK, NY, 14127 (ERIE) James Nichols (61) (12/31/2010-07/08/2019 Wendy Nichols (59) 3 found A Sibling Cody Nichols (29) KristieNichols (32) Julianne Nichols (34) In-Law 1 found A Kelsey Macdonald (25) Neighbor 4 found A Jane Roesser (66) Brooke Frontera (41) John Kruszka (51) Edward Roesser (69) Past Neighbot found A Daniel Hochadel (55) Unclassified 1 found A Associates Joshua Hayes (35) Show less Possible Email Possible IP Addresses: (LastSeen) Addresses: (Last None Found INDEX NO. 805833/2022 FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM cTN403 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 SUPREME COURT STATE OF NEW YORK AFFIDAVIT OF ATTEMPTED COUNTY OF ERIE SERVICE Index No.: 805833/2022 M&T BANK, Plaintiff S&C Filed: 5-17-2022 vs. ClientFileNo.: 105180 CODY J. NICHOLS, ET AL., Defendant(s) STATE OF NEW YORK COUNTY OF ERIE, SS.: Douglas Difilippo the undersigned being duly sworn, deposes and says that I was at the time of service over the age of eighteen and not a party to thisaction. Ireside in theState of New York. That on 5-25-2022 at approximately 10:27 am, I attempted to serve the 1303 NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and the titleto the notice printed intwenty- point type in compliance with RPAPL Sect 1303; E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; on CODY J. NICHOLS at 6685 Scherff Road, Orchard Park, New York 14127, in the following manner: Woman answered the door, was very standoffish,stateddefendant used to livehere but doesn't anymore. I asked her ifhe's still livingat the property inColden, she statedshe didn't know ifthatwas my business. I readoff the address to herand she stated something along the linesof "yeah I guess the that's address". Refused any further information. Douglas DMlippo Subscribed to before me this day of r , 20 Jennifer R. DeGroat Notary Public, State ofNew York ot Pd he Reg. No. 01DE6114404 Qualified in ErieCounty Commission Expires 10/13/2024 Woods Oviatt Gilman LLP, 500 Bausch & Lomb Place, Rochester, New York 14604, (855) 227-5072 NOTARY PUBLIC, STATE OF NEW YORK RegistrationNo. 01SA6413781 Qualifiedin Erie County Commission ExpiresFebruary 01, 2025 EXHIBIT V FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 Postmaster Date: 6-17-2022 133969 279,403 Orchard Park, New York 14127 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new addressor thename and streetaddress (ifa boxholder) forthe following: Name: CODY & NICHOLS Address: 6685 Scherff Road, Orchard Park, New York 14127 Note: Only one request made per completed form. The name and lastknown address are required for change of address information. The name, ifknown, and postoffice box address arerequired for boxholder information. The following information is provided in accordance with 39 CFR 265.6 (d)(5)(ii). There is nofee for providing boxholder or change of address information. 1. Capacity of requester: PROCESS SERVER 2. Statuteor regulation thatempowers me toserve process (not required when requestor isan or a part pro se- excepta attorney acting corporation acting pro se must cite statute):Civil PracticeLaw and Rules Rule 2103 3. The names of allknown parties to M&T litigation: BANK vs. CODY L NICHOLS, ET AL. 4.The court inwhich the case has been or willbe heard: ERIE SUPREME Court 5. The docket or otheridentifying number (a orb must be complete) X a. Docket or otheridentifying number: 805833/2022 b.Docket or other identifyingnumber has not been issued 6. The capacity inwhich thisindividual isto be served (e.g.,defendant or witness):Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INLCUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE l 8 U.S.C. SECTION 1001). I certify at the ve i ation istrue and that the address information is needed and willbe used solely for service of legal "t' process in conju with ac alor prospective litigation. 2701 Transit Rd. Suite 140 Signature Address JillianSamit Elma, NY 14059 PrintedName City, State,ZIP Code POST OFFICE USE ONLY No change of addressorder on file. NEW ADDRESS OR POSTMARK __ Moved, leftno forwarding address. BOXHOLDERS NAME ___No Such address. NAME AND STREET ADDRESS O UN 2 2022 EXHIBIT VI FILED: ERIE COUNTY CLERK 11/03/2022 11:39 AM INDEX NO. 805833/2022 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2022 24/7 Search an&T&hnical Assistance 1-866-277-8407 HOME[ PRINT CONTACTUS LIVECHAT HELP| SIGNotn My Pavorites People Business Assets Licenses Phones Courts News RecentSearches MyAccount PersonInves6gaUons ContactPlus PeopleAt Work WorkplaceLocator ItuitantIn. Peoplegri theNews Moresuschess Personhe NTCHOLSCOD Let kmm FlrntName MiddleName 3!|SN Lewb0 PersonIn GERARDCHAR NICHOLS CODY Personkm FATIMA MARS cmeraget Hdp? 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CODV 0)½ NICHOLS 37410mx RelaR/es CCDYJAMESNICHOLS S407 HEúfHPD CODYDNICHOLS m GGLDEN NY140334701 - CCDYJ NICHOLS AUU2016- May2022 Po mDA Associates CODYR NICHOLS #PMbtiblewnst riddress CODYNICHOLS CODYNICHOLS (Cwrent Relatives,Neighbors&AssoClates CODY 152307172220--·. .¬-.---- Listing NWne) DELOBNICOLS LexlD| -----------··-·---; WorkplaceLocator CDDY J NICHOLAS wea:3,p Û DOB!9/xx/1002 PhonesPropeityOMotorO emal Peope at Work Age:29 VehiclesAddruse DOE:9/m992 Agm20 1 4 KEMEF·ftRD NationalComprehensive Report +Male Gender GRANDBLANC M|48439-403$ lip- viewsources (~9) Jun20:t1- Mu2022 %ÈNatforwiCompmhtmsNe Report SMUpAkit PlusAssociates 200 DEAN DR I HIGHLAND MI4835%194& Jun2020- Nov2021 OtherReports 55%SCHERfrP RD AddressReport CRCHARDPARKNY141274716 JunDS- Gap17 Jul2010-May2017 Po.temic nonDA SacGIMedmLacetor I CODYJNtCHOLS | (CurreM l.Ir.ting Name) ContactCardHeport Wrn howAmvWfteports GSMSHERRFaRD canmisl:you:See Ememples CRCHARDPARMNY14127 Oct2011 CODYDOUGLASNICHOLS xx Relativeu: CODYDNICHOLS 286FCSOX CODYNICHOLS GHAUMONTNY13622-0283 Neighbors DOB:4/xx/1994 May2020” May2022 LexlD:190223382443 Powiblenon-DA Associ¿ttes Age:28 # pmbable wrentaddmas CODY NICHOLS D | DOB:4/xx/1994 fourmm RelDilve$,NGiQhbGrS & AS500tEte5 Age:28 Lionny Name) Workplac.e =ccator Gender -Mate Peopleat work viewSouices {~al POBOX288 CHAUMONTNY13022-0286 Alm Se1up Aug2012- May2022 T NatioralComprehemive Reped 136FLOVLER AVEWAPT2 WATERTOWNNY1½014930 +Apr2021 Mar2D2D NationalComprehensNe Report PlusAssedates 28177 POCKLEDGE DR CHAUMONTNY13m4340 Nov2018- Api2022 AddressRepoIt 775RIDER GTUNITA PARISH NY1313M346 OCI MedGLOCator Jol2013-Ay 2020 23177