Preview
FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
NOTICE OF PENDENCY
JPMorgan Chase Bank, National Association, OF ACTION
Plaintiff, Index No. _______________
-against-
Celia A. Walker a/k/a Celia Walker; City of New York
Environmental Control Board; City of New York Parking
Violations Bureau; City of New York Transit Adjudication
Bureau, and “JOHN DOE”, said name being fictitious, it
being the intention of Plaintiff to designate any and all
occupants of premises being foreclosed herein, and any
parties, corporations or entities, if any, having or claiming an
interest or lien upon the mortgaged premises,
Defendants.
NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in
this Court upon a complaint of the above named Plaintiff against the above named Defendants
for the foreclosure of a Consolidated and/or Modified Mortgage dated December 1, 2018,
executed by Celia A. Walker, as Mortgagor(s), to JPMorgan Chase Bank, N.A., as Mortgagee, to
secure the sum of $443,381.26, and recorded in the Queens County Office of the City Register
on August 8, 2019, in CRFN 2019000252977. The foregoing instrument consolidated and/or
modified the following mortgage(s): The Mortgage given by Celia A. Walker to JPMorgan
Chase Bank to secure the sum of $188,000.00 dated July 30, 2004 and recorded on November
12, 2004 in CRFN 2004000700283. The Mortgage given by Celia A. Walker to JPMorgan
10-000357 Notice of Pendency Page 1 of 5
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FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020
Chase Bank, N.A. to secure the sum of $78,716.63 dated November 13, 2006 and recorded on
April 2, 2007 in CRFN 2007000166945. The Consolidation, Extension and Modification
Agreement given by Celia A. Walker to JPMorgan Chase Bank, N.A. to secure the sum of
$258,000.00 dated November 13, 2006 and recorded on April 2, 2007 in CRFN 2007000166946.
The Mortgage was transferred to Chase Home Finance, LLC and said transfer was memorialized
by an Assignment of Mortgage dated January 29, 2010 and recorded on February 16, 2010 in
CRFN 2010000052909. The Loan Modification Agreement given by Celia A. Walker to
JPMorgan Chase Bank, N.A. successor by merger to Chase Home Finance, LLC to secure the
sum of $284,420.16 dated January 1, 2012. An affidavit filed pursuant to sections 255 and 258-a
of the New York Tax Law was recorded on January 20, 2015 in CRFN 2015000021450 for the
purpose of paying the requisite mortgage recording tax owed upon said Loan Modification
Agreement.
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FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020
In addition, the underlying Note was indorsed by the original lender or its agent,
successor, or assign, and was delivered to Plaintiff prior to the commencement of this action.
NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said
foreclosure action, at the time of the commencement of said action and at the time of the filing of
this notice, was situated at 151 Beach 61st Street, Arverne, NY 11692, the County of Queens and
"A"
the State of New York, and ismore particularly described in said Mortgage and in Schedule
attached hereto and made a part hereof.
Dated: t l (,
Karl E. Kolki ann, Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
Our File No. 10-000357
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"A"
EXHIBIT
ALL that certain plot, piece or parcel of land, situate, lying and being in the Fifth
Ward, Borough and County of Queens, City and State of New York, bounded
and described as follows:
BEGINNING at a point on the westerly side of Beach 61st Street (60 feet wide)
distant 78.28 feet southerly from the comer formed by the intersection of the
southerly side of Larkin Avenue (50 feet wide) and the westerly side of Beach
61st Street;
RUNNING THENCE westerly at right angles to the westerly side of Beach 61st
Street and part of the distance througha party wall, 96 feet;
THENCE southerly parallel with the westerly side of Beach 61st Street, 24 feet;
THENCE easterly and again at right angles to the westerly side of Beach 61st
Street·
Street, a distance of 96 feet to the westerly side of Beach 61st
THENCE northerly along the westerly side of Beach 61st Street, 24 feet to the
point or place of BEGINNING.
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020
TO: THE CLERK OF THE COUNTY OF QUEENS:
You are hereby directed to index the within Notice of Pendency of Action to the
name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property
address as set forth below:
Block 15933 Lot 50
Property Address: 151 Beach 61st Street, Arverne, NY 11692
Dated: ( ( (,,
Karl E. Kolkmand, Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
10-000357 Notice of Pendency Page 4 of 5
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FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020
CERTIFICATION BY ATTORNEY
1, Karl E. Kolkmann, am an attorney duly admitted to the practice of law in the State of
New York. I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for Plaintiff,
JPMorgan Chase Bank, National Association, in the above captioned civil action.
I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
(22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry
reasonable under the circumstances, that the presentation of the Notice of Pendency in this
action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
the Rules of the Chief Administrator (22NYCRR).
Dated: G h/
Karl E. Kolkmann, Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
10-000357 Noticeof Pendency Page 5 of 5
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Preview
FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS NOTICE OF PENDENCY JPMorgan Chase Bank, National Association, OF ACTION Plaintiff, Index No. _______________ -against- Celia A. Walker a/k/a Celia Walker; City of New York Environmental Control Board; City of New York Parking Violations Bureau; City of New York Transit Adjudication Bureau, and “JOHN DOE”, said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises, Defendants. NOTICE IS HEREBY GIVEN that an action has been commenced and is pending in this Court upon a complaint of the above named Plaintiff against the above named Defendants for the foreclosure of a Consolidated and/or Modified Mortgage dated December 1, 2018, executed by Celia A. Walker, as Mortgagor(s), to JPMorgan Chase Bank, N.A., as Mortgagee, to secure the sum of $443,381.26, and recorded in the Queens County Office of the City Register on August 8, 2019, in CRFN 2019000252977. The foregoing instrument consolidated and/or modified the following mortgage(s): The Mortgage given by Celia A. Walker to JPMorgan Chase Bank to secure the sum of $188,000.00 dated July 30, 2004 and recorded on November 12, 2004 in CRFN 2004000700283. The Mortgage given by Celia A. Walker to JPMorgan 10-000357 Notice of Pendency Page 1 of 5 1 of 6 FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 Chase Bank, N.A. to secure the sum of $78,716.63 dated November 13, 2006 and recorded on April 2, 2007 in CRFN 2007000166945. The Consolidation, Extension and Modification Agreement given by Celia A. Walker to JPMorgan Chase Bank, N.A. to secure the sum of $258,000.00 dated November 13, 2006 and recorded on April 2, 2007 in CRFN 2007000166946. The Mortgage was transferred to Chase Home Finance, LLC and said transfer was memorialized by an Assignment of Mortgage dated January 29, 2010 and recorded on February 16, 2010 in CRFN 2010000052909. The Loan Modification Agreement given by Celia A. Walker to JPMorgan Chase Bank, N.A. successor by merger to Chase Home Finance, LLC to secure the sum of $284,420.16 dated January 1, 2012. An affidavit filed pursuant to sections 255 and 258-a of the New York Tax Law was recorded on January 20, 2015 in CRFN 2015000021450 for the purpose of paying the requisite mortgage recording tax owed upon said Loan Modification Agreement. 10-000357 Notice of Pendency Page 2 of 5 2 of 6 FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 In addition, the underlying Note was indorsed by the original lender or its agent, successor, or assign, and was delivered to Plaintiff prior to the commencement of this action. NOTICE IS FURTHER GIVEN that the mortgaged premises affected by said foreclosure action, at the time of the commencement of said action and at the time of the filing of this notice, was situated at 151 Beach 61st Street, Arverne, NY 11692, the County of Queens and "A" the State of New York, and ismore particularly described in said Mortgage and in Schedule attached hereto and made a part hereof. Dated: t l (, Karl E. Kolki ann, Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 Our File No. 10-000357 10-000357 Notice of Pendency Page 3 of 5 3 of 6 FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 "A" EXHIBIT ALL that certain plot, piece or parcel of land, situate, lying and being in the Fifth Ward, Borough and County of Queens, City and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Beach 61st Street (60 feet wide) distant 78.28 feet southerly from the comer formed by the intersection of the southerly side of Larkin Avenue (50 feet wide) and the westerly side of Beach 61st Street; RUNNING THENCE westerly at right angles to the westerly side of Beach 61st Street and part of the distance througha party wall, 96 feet; THENCE southerly parallel with the westerly side of Beach 61st Street, 24 feet; THENCE easterly and again at right angles to the westerly side of Beach 61st Street· Street, a distance of 96 feet to the westerly side of Beach 61st THENCE northerly along the westerly side of Beach 61st Street, 24 feet to the point or place of BEGINNING. 4 of 6 FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 TO: THE CLERK OF THE COUNTY OF QUEENS: You are hereby directed to index the within Notice of Pendency of Action to the name(s) of all of the Defendant(s) herein and the Section, Block and Lot(s) and/or property address as set forth below: Block 15933 Lot 50 Property Address: 151 Beach 61st Street, Arverne, NY 11692 Dated: ( ( (,, Karl E. Kolkmand, Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 10-000357 Notice of Pendency Page 4 of 5 5 of 6 FILED: QUEENS COUNTY CLERK 01/24/2020 02:29 PM INDEX NO. 701321/2020 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 01/24/2020 CERTIFICATION BY ATTORNEY 1, Karl E. Kolkmann, am an attorney duly admitted to the practice of law in the State of New York. I am an associate of Shapiro, DiCaro & Barak, LLC, the attorneys for Plaintiff, JPMorgan Chase Bank, National Association, in the above captioned civil action. I HEREBY CERTIFY, pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR), to the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, that the presentation of the Notice of Pendency in this action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of the Rules of the Chief Administrator (22NYCRR). Dated: G h/ Karl E. Kolkmann, Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 10-000357 Noticeof Pendency Page 5 of 5 6 of 6