Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 03/10/2023
EXHIBIT P
FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
182 RECEIVED NYSCEF: 03/10/2023
11/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL Index No.: 506027/2014
ASSOCIATION, SUCCESSOR IN INTEREST
BY PURCHASE FROM THE FEDERAL NOTICE OF ENTRY
DEPOSIT INSURANCE CORPORATION, AS
RECEIVER OF WASHINGTON MUTUAL
BANK FKA WASHINGTON MUTUAL
BANK, FA, SUCCESSOR IN INTEREST TO
NORTH AMERICAN MORTGAGE
COMPANY,
Plaintiff,
VS.
PETER K. MCKENZIE; SHERREL
FARNSWORTH A/K/A SHERREL A.
FARNSWORTH; JPMORGAN CHASE BANK,
N.A.; RAB PERFORMANCE RECOVERIES,
LLC; AMERICAN EXPRESS BANK FSB;
CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW
YORK CITY ENVIRONMENTAL CONTROL
BOARD; NYC DEPARTMENT OF FINANCE-
PARKING VIOLATIONS BUREAU;
WILLIAM DOE; DANIELLE MOORE,
Defendants.
PLEASE TAKE NOTICE that annexed hereto for service upon you is a copy of the
Decision and Order of the Honorable Noach Dear, J.S.C., dated October 18, 2018, and entered in
the Kings County Clerk's Office on October 30, 2018.
[Signature page follows]
1 of 4
FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
182 RECEIVED NYSCEF: 03/10/2023
11/12/2018
Dated: New York, New York
November 12, 2018
PARKER IBRAHIM & BERG LLP
Attorneys for PLAINTIFF
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, SUCCESSOR IN
INTEREST BY PURCHASE FROM THE
FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER OF
WASHINGTON MUTUAL BANK FKA
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO NORTH
AMERICAN MORTGAGE COMPANY
Scott W. Parker, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Phone: (212) 596-7037
E-mail: scott.parker@piblaw.com
Please reply to Somerset address:
5""
270 Davidson Avenue, Floor
Somerset, New Jersey 08873
Phone: (908) 725-9700
To: Kevin H. Spikes, Esq.
Thomas & Spikes, Esqs.
111 Court Street, Suite 2R
Brooklyn, New York 11201
Attorney for Defendant,
Sherrel Farnsworth a/k/a Sherrel A. Farnsworth
David J. Aronstam, Esq.
40 Exchange Place, Suite 2010
New York, New York 10005
Attorney for Defendant,
Peter McKenzie
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FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
182 RECEIVED NYSCEF: 03/10/2023
11/12/2018
Fein, Such & Crane, LLP
28 East Main Street, Suite 1800 .
Rochester, New York 14614
Co-Counsel for Plaintif
JPMorgan Chase Bank, National Association, successor in interest by puichase from the
Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank FKA
Washington Mutual Bank, FA, successor in interest to North American Mortgage
Company
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FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
506027/2014
INDEX NYSCEF:
NO.
NYSCEF DOC. NO. 328
182 RECEIVED 11/12/2018
03/10/2023
NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 11/07/2018
At an IAS Term, Part FRP-1, of the Supreme Court
of the State of New York, held in and for the
County of Kings, at the Courthouse, at 360 Adams
18th
Street, Brooklyn, New York, on the day of
October 2018.
P R E S E N T:
HON. NOACH DEAR,
J.S.C.
Index No.: 506027/14
__ _ x
JP MORGAN,
Plaintiff, DECISION AND ORDER
-against-
PETER MCKENZIE et al,
Defendant,
x
Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this
Motion:
Papers Numbered
Motion (MS 4) 1
Opposition 2
Reply 3
Upon the foregoiñg cited papers, the Decision/Order on this Motion is as follows:
Defendant Farnsworth's motion to vacate or for a stay is denied. The movant fai to mept her
°
burden to support the relief requested.
ENTER:
Hon. Noach Dear, J.S.C. en
so
1 of 1
4 of 4
FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
183 RECEIVED NYSCEF: 03/10/2023
11/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JPMORGAN CHASE BANK, NATIONAL
SUCCESSOR IN INTEREST Index No.: 506027/2014
ASSOCIATION,
BY PURCHASE FROM THE FEDERAL
DEPOSIT INSURANCE CORPORATION, AS
RECEIVER OF WASHINGTON MUTUAL
AFFIRMATION OF SERVICE
BANK FKA WASHINGTON MUTUAL
BANK, FA, SUCCESSOR IN INTEREST TO
NORTH AMERICAN MORTGAGE
COMPANY,
Plaintiff,
vs.
PETER K. MCKENZIE; SHERREL
FARNSWORTH A/K/A SHERREL
FARNSWORTH; JPMORGAN CHASE BANK,
N.A.; RAB PERFORMANCE RECOVERIES,
LLC; AMERICAN EXPRESS BANK FSB;
CAPITAL ONE BANK; CITY OF NEW YORK
TRANSIT ADJUDICATION BUREAU; NEW
YORK CITY ENVIRONMENTAL CONTROL
BOARD; NYC DEPARTMENT OF FINANCE-
PARKING VIOLATIONS BUREAU;
WILLIAM DOE; DANIELLE MOORE,
Defendants.
I, Scott W. Parker, Esq., hereby affirm under penalty of perjury as follows:
1. I am an attorney-at-law admitted to practice in the State of New York, and am a
partner in] the law firm of Parker I'oruliim & Berg LLP, co-counsel for Plaintiff JPMorgan Chase
Bank, National Association, successor in interest by purchase from the Federal Deposit
Insurance Corporation, as Receiver of Washington Mutual Bank FKA Washington Mutual Bank,
FA, successor in interest to North American Mortgage Company ("Plaintiff").
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FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
183 RECEIVED NYSCEF: 03/10/2023
11/12/2018
2. On November 12, 2018 I caused to be served Plaintiff's Notice of Entry with
attached Decision and Order and this Affirmation of Service as follows:
VIA FEDEX
Kevin H. Spikes, Esq.
Thomas & Spikes, Esqs.
111 Court Street, Suite 2R
Brooklyn, New York 11201
Attorney for Defendant,
Sherrel Farnsworth a/k/a Sherrel A. Farnsworth
David J. Aronstam, Esq.
40 Exchange Place, Suite 2010
New York, New York 10005
Attorney for Defendant,
Peter McKenzie
Fein, Such & Crane, LLP
28 East Main Street, Suite 1800
Rochester, New York 14614
Co-Counsel for Plaintif
JPMorgan Chase Bank, National Association, successor in interest by purchase
from the Federal Deposit Insurance Corporation, as Receiver of Washington
Mutual Bank FKA Washington Mutual Bank, FA, successor in interest to North
American Mortgage Company
3. I hereby affirm that the foregoing statements made by me are true. I am aware
that if any of the foregoing statements made by me are willfully false I may be subject to
punishment.
(Signature page follows.)
2 of 3
FILED: KINGS COUNTY CLERK 03/10/2023
11/12/2018 12:13
12:00 PM INDEX NO. 506027/2014
NYSCEF DOC. NO. 328
183 RECEIVED NYSCEF: 03/10/2023
11/12/2018
Dated: New York, New York
November 12, 2018
PARKER IBRAHIM & BERG LLP
Attorneys for PLAINTIFF
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION, SUCCESSOR IN
INTEREST BY PURCHASE FROM THE
FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER OF
WASHINGTON MUTUAL BANK FKA
WASHINGTON MUTUAL BANK, FA,
SUCCESSOR IN INTEREST TO NORTH
AMERICAN MORTGAGE COMPANY
Scott W. Parker, Esq.
5 Penn Plaza, Suite 2371
New York, New York 10001
Phone: (212) 596-7037
E-mail: scott.parker@piblaw.com
Please reply to Somerset address:
5"'
270 Davidson Avenue, Floor
Somerset, New Jersey 08873
Phone: (908) 725-9700
3 of 3
Preview
FILED: KINGS COUNTY CLERK 03/10/2023 12:13 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 RECEIVED NYSCEF: 03/10/2023 EXHIBIT P FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 182 RECEIVED NYSCEF: 03/10/2023 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL Index No.: 506027/2014 ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL NOTICE OF ENTRY DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL A. FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB; CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE- PARKING VIOLATIONS BUREAU; WILLIAM DOE; DANIELLE MOORE, Defendants. PLEASE TAKE NOTICE that annexed hereto for service upon you is a copy of the Decision and Order of the Honorable Noach Dear, J.S.C., dated October 18, 2018, and entered in the Kings County Clerk's Office on October 30, 2018. [Signature page follows] 1 of 4 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 182 RECEIVED NYSCEF: 03/10/2023 11/12/2018 Dated: New York, New York November 12, 2018 PARKER IBRAHIM & BERG LLP Attorneys for PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY Scott W. Parker, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Phone: (212) 596-7037 E-mail: scott.parker@piblaw.com Please reply to Somerset address: 5"" 270 Davidson Avenue, Floor Somerset, New Jersey 08873 Phone: (908) 725-9700 To: Kevin H. Spikes, Esq. Thomas & Spikes, Esqs. 111 Court Street, Suite 2R Brooklyn, New York 11201 Attorney for Defendant, Sherrel Farnsworth a/k/a Sherrel A. Farnsworth David J. Aronstam, Esq. 40 Exchange Place, Suite 2010 New York, New York 10005 Attorney for Defendant, Peter McKenzie 2 of 4 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 182 RECEIVED NYSCEF: 03/10/2023 11/12/2018 Fein, Such & Crane, LLP 28 East Main Street, Suite 1800 . Rochester, New York 14614 Co-Counsel for Plaintif JPMorgan Chase Bank, National Association, successor in interest by puichase from the Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank FKA Washington Mutual Bank, FA, successor in interest to North American Mortgage Company 3 of 4 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 506027/2014 INDEX NYSCEF: NO. NYSCEF DOC. NO. 328 182 RECEIVED 11/12/2018 03/10/2023 NYSCEF DOC. NO. 181 RECEIVED NYSCEF: 11/07/2018 At an IAS Term, Part FRP-1, of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, at 360 Adams 18th Street, Brooklyn, New York, on the day of October 2018. P R E S E N T: HON. NOACH DEAR, J.S.C. Index No.: 506027/14 __ _ x JP MORGAN, Plaintiff, DECISION AND ORDER -against- PETER MCKENZIE et al, Defendant, x Recitation, as required by CPLR §2219 (a), of the papers considered in the review of this Motion: Papers Numbered Motion (MS 4) 1 Opposition 2 Reply 3 Upon the foregoiñg cited papers, the Decision/Order on this Motion is as follows: Defendant Farnsworth's motion to vacate or for a stay is denied. The movant fai to mept her ° burden to support the relief requested. ENTER: Hon. Noach Dear, J.S.C. en so 1 of 1 4 of 4 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 183 RECEIVED NYSCEF: 03/10/2023 11/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JPMORGAN CHASE BANK, NATIONAL SUCCESSOR IN INTEREST Index No.: 506027/2014 ASSOCIATION, BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL AFFIRMATION OF SERVICE BANK FKA WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, vs. PETER K. MCKENZIE; SHERREL FARNSWORTH A/K/A SHERREL FARNSWORTH; JPMORGAN CHASE BANK, N.A.; RAB PERFORMANCE RECOVERIES, LLC; AMERICAN EXPRESS BANK FSB; CAPITAL ONE BANK; CITY OF NEW YORK TRANSIT ADJUDICATION BUREAU; NEW YORK CITY ENVIRONMENTAL CONTROL BOARD; NYC DEPARTMENT OF FINANCE- PARKING VIOLATIONS BUREAU; WILLIAM DOE; DANIELLE MOORE, Defendants. I, Scott W. Parker, Esq., hereby affirm under penalty of perjury as follows: 1. I am an attorney-at-law admitted to practice in the State of New York, and am a partner in] the law firm of Parker I'oruliim & Berg LLP, co-counsel for Plaintiff JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank FKA Washington Mutual Bank, FA, successor in interest to North American Mortgage Company ("Plaintiff"). 1 of 3 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 183 RECEIVED NYSCEF: 03/10/2023 11/12/2018 2. On November 12, 2018 I caused to be served Plaintiff's Notice of Entry with attached Decision and Order and this Affirmation of Service as follows: VIA FEDEX Kevin H. Spikes, Esq. Thomas & Spikes, Esqs. 111 Court Street, Suite 2R Brooklyn, New York 11201 Attorney for Defendant, Sherrel Farnsworth a/k/a Sherrel A. Farnsworth David J. Aronstam, Esq. 40 Exchange Place, Suite 2010 New York, New York 10005 Attorney for Defendant, Peter McKenzie Fein, Such & Crane, LLP 28 East Main Street, Suite 1800 Rochester, New York 14614 Co-Counsel for Plaintif JPMorgan Chase Bank, National Association, successor in interest by purchase from the Federal Deposit Insurance Corporation, as Receiver of Washington Mutual Bank FKA Washington Mutual Bank, FA, successor in interest to North American Mortgage Company 3. I hereby affirm that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false I may be subject to punishment. (Signature page follows.) 2 of 3 FILED: KINGS COUNTY CLERK 03/10/2023 11/12/2018 12:13 12:00 PM INDEX NO. 506027/2014 NYSCEF DOC. NO. 328 183 RECEIVED NYSCEF: 03/10/2023 11/12/2018 Dated: New York, New York November 12, 2018 PARKER IBRAHIM & BERG LLP Attorneys for PLAINTIFF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR IN INTEREST BY PURCHASE FROM THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER OF WASHINGTON MUTUAL BANK FKA WASHINGTON MUTUAL BANK, FA, SUCCESSOR IN INTEREST TO NORTH AMERICAN MORTGAGE COMPANY Scott W. Parker, Esq. 5 Penn Plaza, Suite 2371 New York, New York 10001 Phone: (212) 596-7037 E-mail: scott.parker@piblaw.com Please reply to Somerset address: 5"' 270 Davidson Avenue, Floor Somerset, New Jersey 08873 Phone: (908) 725-9700 3 of 3