On July 06, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Nationstar Mortgage Llc D B A Champion Mortgage Company,
and
Drew Doe,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Helena Harte As Heir And Distributee To The Estate Of Waveney Harte, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown
Persons Being Herein Generally Described And Intended To Be Included In The Following Designation, Namely: The Wife, Widow,Husband,Widower,Heirs At Law,Next Of Kin,Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin, Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
Lienors,Andassigness Of Such Deceased,Any And All Persons Deriving Interest In Or Lien Upon,Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives,Widows,Husbands,Widowers,Heirs At Law,Next Of Kin,
Descendants,Executors,Administrators,Devisees,Legatees,Creditors,Trustees,Committees,Lienors And Assigns,All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff,
New York State Department Of Taxation And Finance,
Secretary Of Housing And Urban Development,
United States Of America,
Us Trust Company Of New York Corp. As Trustee Under The Pooling And Servicing Agreement Dated As Of 4 1 85 N K A Us Trust Corp.,
for Foreclosure (residential mortgage)
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
EXHIBIT H
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
estaland
WAVENEY HARTE
Prepared By: Clarence J. Erickson,ESQ.
20 South Tyson Avenue
Floral Park, N.Y. 11001
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
LAST WILL AND TESTAM
1, WAVENEY HARTE, a resident of 139-16 230TH PLACE, LAURELTON, NEW YORK 11413,
being of sound and disposing mind and memory and considering the uncertainty of this life,do
make, publish and declare this to be my LAST WILL AND TESTAMENT as follows, hereby
revoking allother former Wills by me at any time made.
FIRST: I direct that allof my just debts and funeral expenses be paid as soon as
practicable affer my decease.
SECOND: All estate, inheritance, transfer, legacy, succession, and any other death
taxes of any nature, payable by reason of my death, which may be assessed or imposed upon
or with respect to property passing under this Will or property not passing under this Will shall
be paid out of my estate as an expense of administration, and no part of said taxes shall be
apportioned or prorated to any legatee or devisee under this Will or any person owning or
receiving any property not passing under this Will.
THIRD: Any person who shall die at the same time as I or in a common disaster
with me or under such circumstances that itis difficult or impossible to determine which died
shall
first, be deemed to have predeceased me.
FOURTH: I direct that all real and personal property described below be distributed
as follows:
(a) To my son Sherlock Harte my condominium located at 6103 Bent Tree Court,
Charlotte, North Carolina 28212.
Bay, Florida 32905, 1/4 acre of land.
(c) To my grandson Andrew Harte my property at 480 Gregory Street, NE, Lot
05, Block 385, Unit 10, Palm Bay, Florida 32905, 1/4 acre of land.
(d) To my son Sherlock Harte and my daughter Helena Harte, to be divided
equally, my home at 139-16 Place, LaureIton, New York.
FIFTH: All the rest , remainder and residue of my estate is to be distributed to my
children irhequal shares.
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
SIXTH: Any share or part of my estate, distributable to anyone who is a minor
shall not vest in such minor, but, instead, I give, devise and beqùeath the same to my trustees,
IN TRUST, to apply to the use of such minor at any time and from time to time, so much or all
of the principal at my Trustees, in their discretion, deem advisable for the support, education
and welfare of such minor; my Trustees may, in their discretion, consider or disregard, to such
extent as they deem advisable, such minor's other income or property or the duty of anyone to
support such minor and make any such application, among other methods, by payments to
such minor, a guardian of such minor or the person with whom such minor resides, without
bond or security, and my Trustees shall not be bound to see to the application or use of
payments so made; my Trustees shall pay over the remaining principal and accumulated
income to such minor upon·attaining the age of twenty-five (25) years, and ifsaid minor dies
before attaining s*aid age, then upon such minor's death, to such minor's then living children, in
equal shares per stirpes.
SEVENTH: I appoint my sister, Daphne A. Gravesande, Executrix and Trustee of my
estate. And my daughter, Helena L Harte, as Alternate Executrix and Trustee
EIGHTH: I direct that said Executrix and Trustee and Alternate Executrix and
Trustee shall serve without bond or security.
NINTH: I give said Executrix and Trustee and Alternate Executrix and Trustee the
fullest power and authority in allmatters and questions and to all acts which I might or could do
ifliving.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my LAST WILL
AND TESTAMENT
this g o day of MI in the year TWO THOUSAND THREE
! /
Waveney Harte
. - . .
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
SIGNED, SEALED, PUBLISHED and DECLARED,
by Waveney Harte, the Testatrix, above-named
as and for her LAST WILL AND TESTAMENT,
in our presence, and we, at her request,
in her presence, and the presence of each other,
have hereunto subscribed our names as witnesses
on the day and year last above-written.
Joanne Winter Erickson
Residing at: 7 Johnson Avenue
Malverne, NY 11565
Patricia Carlock Fee
Residing at: 22 Johnson Avenue
Malverne, NY 11565
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
CAUTION
STATE OF New York ss.: This form is to be used
orily
COUNTY OF Nassau at the time of execution of
the Will.
1) Joanne Winter Erickson address 7 Johnson Avenue
Malverne, NY 11565
2) Patricia Carlock Fee address 22 Johnson Avenue
Malverne, NY 11565
each being duly sworn, depose and say:
''
That they witnessed the execution of the Will of Waveney Harte
dated /f/// J7 2003 of three pages.
'/ f , consisting (3)
That the Will was executed at Floral Park, NY
under the supervision of C.J. Erickson, Esq. , an attorney at law with offices
at 20 South Tyson Avenue, Floral Park, NY 11001 That this affidavit is made at
the request of the Testatrix.
That the Testatrjix in our presence subscribed her name to the Will at the end thereof,
and at the time of making such subscription, published and declared the same to be her Last
Will and Testament, thereupon we, at her request and in her presence and in the presence of
each other, signed our names thereto as subscribing witnesses.
That the said Testatrix at the time of such execution, was more than 18 years of age
and, in our opinion, of sound mind, memory and understanding, not unde'r any restrair t or in
any respect incompetent to make a Will.
That the Testatrix indicated to us that she had read the Will, knew the contents thereof,
and that the provisions therein contained expressed the manner in which her Estate to be
administered and distributed.
That the Testatnx could read, write and converse in the English language, and was
suffering from no defect of sight, hearing or speech, or from any physical or mental impairment
which would affect h_er capacity to make a valid Will.
That the Testatrix signed only one copy of the said Will on said occasion.
Joanne Winter Ericksoñ
Patricia Carlock Fee
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020
INDEX NO.: 707021/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------X
NATIONSTAR MORTGAGE LLC D/B/A
CHAMPION MORTGAGE COMPANY
Plaintiff,
-against-
HELENA HARTE, AS HEIR AND DISTRIBUTEE
TO THE ESTATE OF WAVENEY HARTE, ET. ALIA
Defendants
______ _____________________________ ________
DEFENDANT- HELENA HARTE'S
CLAIMANT,
NOTICE OF MOTION TO CONFIRM REFEREE'S
REPORT OF SALE AND DISBURSE SURPLUS FUNDS;
AND PROPOSED ORDER
_____________________ _______ ____ _________
IKEZI LAW GROUP, P.C.
ATTORNEYS FOR DEFENDANT, HELENA HARTE
188-05 Linden Boulevard
Saint Albans, New York 11412
Tel. (718) 712-2500
Pursuant to 22 NYCRR Section 130-1.1a, the undersigned, an attorney admitted to practice in
the Courts of New York State, certifies that upon information and belief and reasonable inquiry,
the contentions contained in the annexed documents are not frivolous.
Dated: /
Jane O. Ikezi, M.B.A.Nsq.
Service deemed admitted on: .
By: .
Preview
FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 EXHIBIT H FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 estaland WAVENEY HARTE Prepared By: Clarence J. Erickson,ESQ. 20 South Tyson Avenue Floral Park, N.Y. 11001 FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 LAST WILL AND TESTAM 1, WAVENEY HARTE, a resident of 139-16 230TH PLACE, LAURELTON, NEW YORK 11413, being of sound and disposing mind and memory and considering the uncertainty of this life,do make, publish and declare this to be my LAST WILL AND TESTAMENT as follows, hereby revoking allother former Wills by me at any time made. FIRST: I direct that allof my just debts and funeral expenses be paid as soon as practicable affer my decease. SECOND: All estate, inheritance, transfer, legacy, succession, and any other death taxes of any nature, payable by reason of my death, which may be assessed or imposed upon or with respect to property passing under this Will or property not passing under this Will shall be paid out of my estate as an expense of administration, and no part of said taxes shall be apportioned or prorated to any legatee or devisee under this Will or any person owning or receiving any property not passing under this Will. THIRD: Any person who shall die at the same time as I or in a common disaster with me or under such circumstances that itis difficult or impossible to determine which died shall first, be deemed to have predeceased me. FOURTH: I direct that all real and personal property described below be distributed as follows: (a) To my son Sherlock Harte my condominium located at 6103 Bent Tree Court, Charlotte, North Carolina 28212. Bay, Florida 32905, 1/4 acre of land. (c) To my grandson Andrew Harte my property at 480 Gregory Street, NE, Lot 05, Block 385, Unit 10, Palm Bay, Florida 32905, 1/4 acre of land. (d) To my son Sherlock Harte and my daughter Helena Harte, to be divided equally, my home at 139-16 Place, LaureIton, New York. FIFTH: All the rest , remainder and residue of my estate is to be distributed to my children irhequal shares. FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 SIXTH: Any share or part of my estate, distributable to anyone who is a minor shall not vest in such minor, but, instead, I give, devise and beqùeath the same to my trustees, IN TRUST, to apply to the use of such minor at any time and from time to time, so much or all of the principal at my Trustees, in their discretion, deem advisable for the support, education and welfare of such minor; my Trustees may, in their discretion, consider or disregard, to such extent as they deem advisable, such minor's other income or property or the duty of anyone to support such minor and make any such application, among other methods, by payments to such minor, a guardian of such minor or the person with whom such minor resides, without bond or security, and my Trustees shall not be bound to see to the application or use of payments so made; my Trustees shall pay over the remaining principal and accumulated income to such minor upon·attaining the age of twenty-five (25) years, and ifsaid minor dies before attaining s*aid age, then upon such minor's death, to such minor's then living children, in equal shares per stirpes. SEVENTH: I appoint my sister, Daphne A. Gravesande, Executrix and Trustee of my estate. And my daughter, Helena L Harte, as Alternate Executrix and Trustee EIGHTH: I direct that said Executrix and Trustee and Alternate Executrix and Trustee shall serve without bond or security. NINTH: I give said Executrix and Trustee and Alternate Executrix and Trustee the fullest power and authority in allmatters and questions and to all acts which I might or could do ifliving. IN WITNESS WHEREOF, I have hereunto set my hand and seal to this my LAST WILL AND TESTAMENT this g o day of MI in the year TWO THOUSAND THREE ! / Waveney Harte . - . . FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 SIGNED, SEALED, PUBLISHED and DECLARED, by Waveney Harte, the Testatrix, above-named as and for her LAST WILL AND TESTAMENT, in our presence, and we, at her request, in her presence, and the presence of each other, have hereunto subscribed our names as witnesses on the day and year last above-written. Joanne Winter Erickson Residing at: 7 Johnson Avenue Malverne, NY 11565 Patricia Carlock Fee Residing at: 22 Johnson Avenue Malverne, NY 11565 FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 CAUTION STATE OF New York ss.: This form is to be used orily COUNTY OF Nassau at the time of execution of the Will. 1) Joanne Winter Erickson address 7 Johnson Avenue Malverne, NY 11565 2) Patricia Carlock Fee address 22 Johnson Avenue Malverne, NY 11565 each being duly sworn, depose and say: '' That they witnessed the execution of the Will of Waveney Harte dated /f/// J7 2003 of three pages. '/ f , consisting (3) That the Will was executed at Floral Park, NY under the supervision of C.J. Erickson, Esq. , an attorney at law with offices at 20 South Tyson Avenue, Floral Park, NY 11001 That this affidavit is made at the request of the Testatrix. That the Testatrjix in our presence subscribed her name to the Will at the end thereof, and at the time of making such subscription, published and declared the same to be her Last Will and Testament, thereupon we, at her request and in her presence and in the presence of each other, signed our names thereto as subscribing witnesses. That the said Testatrix at the time of such execution, was more than 18 years of age and, in our opinion, of sound mind, memory and understanding, not unde'r any restrair t or in any respect incompetent to make a Will. That the Testatrix indicated to us that she had read the Will, knew the contents thereof, and that the provisions therein contained expressed the manner in which her Estate to be administered and distributed. That the Testatnx could read, write and converse in the English language, and was suffering from no defect of sight, hearing or speech, or from any physical or mental impairment which would affect h_er capacity to make a valid Will. That the Testatrix signed only one copy of the said Will on said occasion. Joanne Winter Ericksoñ Patricia Carlock Fee FILED: QUEENS COUNTY CLERK 10/29/2020 04:14 PM INDEX NO. 707021/2015 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 10/29/2020 INDEX NO.: 707021/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------X NATIONSTAR MORTGAGE LLC D/B/A CHAMPION MORTGAGE COMPANY Plaintiff, -against- HELENA HARTE, AS HEIR AND DISTRIBUTEE TO THE ESTATE OF WAVENEY HARTE, ET. ALIA Defendants ______ _____________________________ ________ DEFENDANT- HELENA HARTE'S CLAIMANT, NOTICE OF MOTION TO CONFIRM REFEREE'S REPORT OF SALE AND DISBURSE SURPLUS FUNDS; AND PROPOSED ORDER _____________________ _______ ____ _________ IKEZI LAW GROUP, P.C. ATTORNEYS FOR DEFENDANT, HELENA HARTE 188-05 Linden Boulevard Saint Albans, New York 11412 Tel. (718) 712-2500 Pursuant to 22 NYCRR Section 130-1.1a, the undersigned, an attorney admitted to practice in the Courts of New York State, certifies that upon information and belief and reasonable inquiry, the contentions contained in the annexed documents are not frivolous. Dated: / Jane O. Ikezi, M.B.A.Nsq. Service deemed admitted on: . By: .