Preview
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023
Certification
STATE OF NEW YORK, COUNTY OF QUEENS, SS:
I, Audrey I. Pheffer, County Clerk and Clerk of Supreme Court Queens County,
do hereby certify that on May 10, 2023 I have compared
the document attached hereto,
23916/2010 SUMMONS AND COMPLAINT filed 9/21/2010 page(s) 1-14.
with the originals filed in my office and the same is a correct transcript
therefrom and of the whole of such original in witness
whereto I have affixed my signature and seal.
AU EY I. P E FER
QUEENS COUNTY CLERK
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023
Page l of 14
s ANu coMPLAlkt
STATE OF NEW YORK
SUPREME COURT: COUNTY OF QUEENS
"
--------------------..---------------------X
WELLS FARGO BANK, N.A. SUCCESSOR BY
MERGER TO WELLS FARGO HOME MORTGAGE,
INC.
3476 Stateview Boulevard
Ft. Mill, SC 29715
Plaintiff, SUMMONS
vs. ORIGINAL FILED WITH THE
CLERK ON
PAULINE LOVELACE, MANHATTAN BANKCHASE
USA N.A., CITIBANK, NEW YORK CITY N.A., INDEX NO.:
ENVIRONMENTAL CONTROL BOARD, NEW YORK
CITY PARKING VIOLATIONS BUREAU, NEW MORTGAGED PREMISES:
YORK CITY TRANSIT ADmDICATION BUREAU, 161-19 128TH AVENUE
NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11434
AND FINANCE,
SBL #:
JOHN DOE (Said name being fictitious, BLOCK: 12269,
it being the intention of Plaintiff to LOT: 140
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.)
Defendant(s).
--..-------------------------------------X
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to 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.
NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company who filed this
foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and you can lose your home.
Printed:5/10/2023
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF QUEENS
_..______----_____.---------------------....X
WELLS FAROO BANK, N.A. SUCCESSOR BY
MERGER TO WELLS FARGO HOME MORTGAGE,
INC.
3476 Stateview Boulevard
Ft. Mill, SC 29715
Plaintiff,
vs. COMPLAINT
PAULINE LOVELACE, CHASE MANHATTAN BANK INDEX NO.:
USA N.A., CITIBANK, NEW YORK CITY
N.A.,
ENVIRONMENTAL CONTROL BOARD, NEW YORK MORTGAGED PREMISES:
CITY PARKING VIOLATIONS BUREAU, NEW 161-19 128TH AVENUE
YORK CITY TRANSIT ADJUDICATION BUREAU, JAMAICA, NY 11434
NEW YORK STATE DEPARTMENT OF TAXATION
AND FINANCE, SBL #:
BLOCK: 12269,
JOHN DOE (Said name being fictitious, LOT: 140
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.)
Defendant(s).
-----------------.--__---------------Ç
The Plaintiff by its attorneys, Steven J. Baum, P.C., for its complaint against the Defendant(s) alleges
upon information and belief as follows:
FIRST: Plaintiff is a national banking association duly organized and existing under and by virtue of the
laws of the United States of America and having its principal place of business in Sioux Falls, SD, and the owner
and holder of a note and mortgage being foreclosed.
SECOND: On or about the 18th day of August, 2003, PAULINE LOVELACE duly executed and
delivered a note whereby PAULINE LOVELACE promised to pay the sum of $190,928.00 with interest on the
unpaid balance of the debt.
THIRD: That as security for the payment of said note PAULINE LOVELACE duly executed and
delivered a mortgage in the amount of $190,928.00 which mortgage was recorded as follows and mortgage tax
paid thereon:
Recording Date: January 13, 2004
Instrument Number: 2004000020428
County (or City Register of): Queens
FOURTH: The mortgaged premises are commonly known as 161-19 128TH AVENUE, JAMAICA, NY
A"
11434 and more fully described in "Schedule attached to this complaint. The tax map designation is known
as all or part of SBL: Block; 12269, Lot: 140.
Printed: 5/10/2023
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023
hage 4 oH4
FIFTH: That the Defendant(s) PAULINE LOVELACE so named, has/have failed to comply with the
conditions of the mortgage and note by failing to pay principal and interest and/or taxes, assessments, water rates,
insurance premiums, escrow and/or other charges that came due and payable on the 1st day of February, 2010 as
more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage.
SIXTH: There is now due and owing on said mortgage the following amounts:
In
Date
e t Ra
interest
5 8
50
accrues
o
from:
O 90 T
January 1, 2010
Escrow advances: $1,657.28
Late charges: $22.59
Inspection fees: $15.00
Together with monies advanced for taxes, insurance, maintenance of premises and the costs, allowances
and reasonable attorney's fees if permitted by the mortgage.
SEVENTH: In order to protect its security interest the agent has paid or may be
Plaintiff or its
compelled to pay during the pendency of this action, taxes, assessments, rates, insurance premiums
water and
other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together
with interest, be included in the sum otherwise due as provided for and secured by the mortgage.
EIGHTH: Upon information and belief all the defendants herein have or claim to have some interest in
or lien upon said mortgaged premises or some part or lien, if any, has accrued
thereof which interest subsequent to
the lien of Plaintiffs mortgage, or has been paid or equitably subordinated to Plaintiffs mortgage, or has been
duly subordinated thereto, or is adverse to that of Plaintiff. The reason for naming said defendants is set forth in
B"
"Schedule that is attached to this complaint.
NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or
C"
local government (however designated), is set forth in "Schedule that is attached to this complaint.
Doe"
TENTH: Upon information and belief the defendant(s) "John are occupants of the premises being
foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest
against the premises.
ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a
and 6-1 or 6-m and at the time of commencement of
action, this the Plaintiff has complied with all of the
provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1
and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law.
TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale,
said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate
survey of the premises would show; covenants, restrictions, easements and public utility agreements of record, if
any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in
possession of the premises; any equity of redemption of the United States of America to redeem the premises
within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff
. requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary
to satisfy the indebtedness.
THIRTEENTH: There are no other actions or pending proceedings at law to collect or enforce the note
and mortgage.
Printed: 5/10/2023
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021
NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023
P"PWfe 14 of 1
WELLS FARGO BANK, N.A. SUCCESSOR BY index No.
MERGER TO WELLS FARGO HOME
MORTGAGE, INC.
Plaintiff, Year
VS.
PAULINE LOVELACE, et al.
Defendant(s).
Attorney for
Plaintiff fax 716-204-4600
Office, Post Of ice Address and Telephone
NOT FOR SERVICE
220 NORTHPOINTE PARKWAY, SUITE G
AMHERST, NY 14228
716-204-2400
Personal Service of the within and of the notice (if any)
herson endorsed, is admitted this day of , 20
----------------_____--____.________--________
Attorney(s) for
Sir-Please take notice NOTICE OF ENTRY
that an of which the within is a copy, was duly granted in the
within entitled action on the day of , 20 , and duly entered in the office of the Clerk
of the County of on the day of , 20 .
To STEVEN J. BAUM, P.C.
Attorney(s) for Attorney for
Sir.-Please take notice NOTICE OF SETTLEMENT
that an order
of which the within is a true copy will be presented for settlement to the Hon.
one of the judges of the within named Court at
day of oaqa , 20 .
To STEVEN J. BAUM, P.C.
or for Attomeyfe
(s)
STATE OF NEW YO tGQ11New as oH SS.: AFFIDAVIT O F SERVICE BY MAIL
being duly sworn, deposes and says; deponent is not a party to the action,
s ove 18 o
nent served the within .
upon
attorn s for . in this action, at
d
X t.t a the address, designated by said attorney(s) for that purpose by depositing a
so
true copy of same enc se In a post-pa properly adbressed wrapper, in-a post office--official depository under the exclusive care and custody
of the United States Postal Service within the State of New York.
Swom to before me, this day of , 20
Aintmmpohne enm mieeinner nFnanda
Preview
FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023 Certification STATE OF NEW YORK, COUNTY OF QUEENS, SS: I, Audrey I. Pheffer, County Clerk and Clerk of Supreme Court Queens County, do hereby certify that on May 10, 2023 I have compared the document attached hereto, 23916/2010 SUMMONS AND COMPLAINT filed 9/21/2010 page(s) 1-14. with the originals filed in my office and the same is a correct transcript therefrom and of the whole of such original in witness whereto I have affixed my signature and seal. AU EY I. P E FER QUEENS COUNTY CLERK FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023 Page l of 14 s ANu coMPLAlkt STATE OF NEW YORK SUPREME COURT: COUNTY OF QUEENS " --------------------..---------------------X WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 3476 Stateview Boulevard Ft. Mill, SC 29715 Plaintiff, SUMMONS vs. ORIGINAL FILED WITH THE CLERK ON PAULINE LOVELACE, MANHATTAN BANKCHASE USA N.A., CITIBANK, NEW YORK CITY N.A., INDEX NO.: ENVIRONMENTAL CONTROL BOARD, NEW YORK CITY PARKING VIOLATIONS BUREAU, NEW MORTGAGED PREMISES: YORK CITY TRANSIT ADmDICATION BUREAU, 161-19 128TH AVENUE NEW YORK STATE DEPARTMENT OF TAXATION JAMAICA, NY 11434 AND FINANCE, SBL #: JOHN DOE (Said name being fictitious, BLOCK: 12269, it being the intention of Plaintiff to LOT: 140 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.) Defendant(s). --..-------------------------------------X TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to 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. NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Printed:5/10/2023 FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF QUEENS _..______----_____.---------------------....X WELLS FAROO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. 3476 Stateview Boulevard Ft. Mill, SC 29715 Plaintiff, vs. COMPLAINT PAULINE LOVELACE, CHASE MANHATTAN BANK INDEX NO.: USA N.A., CITIBANK, NEW YORK CITY N.A., ENVIRONMENTAL CONTROL BOARD, NEW YORK MORTGAGED PREMISES: CITY PARKING VIOLATIONS BUREAU, NEW 161-19 128TH AVENUE YORK CITY TRANSIT ADJUDICATION BUREAU, JAMAICA, NY 11434 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, SBL #: BLOCK: 12269, JOHN DOE (Said name being fictitious, LOT: 140 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.) Defendant(s). -----------------.--__---------------Ç The Plaintiff by its attorneys, Steven J. Baum, P.C., for its complaint against the Defendant(s) alleges upon information and belief as follows: FIRST: Plaintiff is a national banking association duly organized and existing under and by virtue of the laws of the United States of America and having its principal place of business in Sioux Falls, SD, and the owner and holder of a note and mortgage being foreclosed. SECOND: On or about the 18th day of August, 2003, PAULINE LOVELACE duly executed and delivered a note whereby PAULINE LOVELACE promised to pay the sum of $190,928.00 with interest on the unpaid balance of the debt. THIRD: That as security for the payment of said note PAULINE LOVELACE duly executed and delivered a mortgage in the amount of $190,928.00 which mortgage was recorded as follows and mortgage tax paid thereon: Recording Date: January 13, 2004 Instrument Number: 2004000020428 County (or City Register of): Queens FOURTH: The mortgaged premises are commonly known as 161-19 128TH AVENUE, JAMAICA, NY A" 11434 and more fully described in "Schedule attached to this complaint. The tax map designation is known as all or part of SBL: Block; 12269, Lot: 140. Printed: 5/10/2023 FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023 hage 4 oH4 FIFTH: That the Defendant(s) PAULINE LOVELACE so named, has/have failed to comply with the conditions of the mortgage and note by failing to pay principal and interest and/or taxes, assessments, water rates, insurance premiums, escrow and/or other charges that came due and payable on the 1st day of February, 2010 as more fully set forth below. Accordingly, Plaintiff elects to call due the entire amount secured by the mortgage. SIXTH: There is now due and owing on said mortgage the following amounts: In Date e t Ra interest 5 8 50 accrues o from: O 90 T January 1, 2010 Escrow advances: $1,657.28 Late charges: $22.59 Inspection fees: $15.00 Together with monies advanced for taxes, insurance, maintenance of premises and the costs, allowances and reasonable attorney's fees if permitted by the mortgage. SEVENTH: In order to protect its security interest the agent has paid or may be Plaintiff or its compelled to pay during the pendency of this action, taxes, assessments, rates, insurance premiums water and other charges affecting the mortgaged premises. Plaintiff requests that any sums it or its agent has paid, together with interest, be included in the sum otherwise due as provided for and secured by the mortgage. EIGHTH: Upon information and belief all the defendants herein have or claim to have some interest in or lien upon said mortgaged premises or some part or lien, if any, has accrued thereof which interest subsequent to the lien of Plaintiffs mortgage, or has been paid or equitably subordinated to Plaintiffs mortgage, or has been duly subordinated thereto, or is adverse to that of Plaintiff. The reason for naming said defendants is set forth in B" "Schedule that is attached to this complaint. NINTH: The reason for naming any governmental agency or instrumentalities of the Federal, State or C" local government (however designated), is set forth in "Schedule that is attached to this complaint. Doe" TENTH: Upon information and belief the defendant(s) "John are occupants of the premises being foreclosed, or may be any persons, corporations or entities who claim, or may claim, a lien or other interest against the premises. ELEVENTH: If applicable, the mortgage originated in compliance with Banking Law Sections 595-a and 6-1 or 6-m and at the time of commencement of action, this the Plaintiff has complied with all of the provisions of Section 595-a of the Banking law and any rules and regulations promulgated thereunder, Section 6-1 and 6-m of the Banking Law, and Sections 1304 and 1306 of the Real Property Actions and Proceedings Law. TWELFTH: Plaintiff requests that in the event this action proceeds to judgment of foreclosure and sale, said premises be sold subject to: any state of facts an inspection of the premises would disclose or an accurate survey of the premises would show; covenants, restrictions, easements and public utility agreements of record, if any; building and zoning ordinances and possible violations of the same; any rights of tenants or persons in possession of the premises; any equity of redemption of the United States of America to redeem the premises within 120 days; prior mortgages and liens, if any. If the mortgage secures more than one parcel, Plaintiff . requests the judgment of foreclosure provide for the sale of the parcels in a particular order to the extent necessary to satisfy the indebtedness. THIRTEENTH: There are no other actions or pending proceedings at law to collect or enforce the note and mortgage. Printed: 5/10/2023 FILED: QUEENS COUNTY CLERK 06/07/2023 06:29 PM INDEX NO. 704716/2021 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 06/07/2023 P"PWfe 14 of 1 WELLS FARGO BANK, N.A. SUCCESSOR BY index No. MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, Year VS. PAULINE LOVELACE, et al. Defendant(s). Attorney for Plaintiff fax 716-204-4600 Office, Post Of ice Address and Telephone NOT FOR SERVICE 220 NORTHPOINTE PARKWAY, SUITE G AMHERST, NY 14228 716-204-2400 Personal Service of the within and of the notice (if any) herson endorsed, is admitted this day of , 20 ----------------_____--____.________--________ Attorney(s) for Sir-Please take notice NOTICE OF ENTRY that an of which the within is a copy, was duly granted in the within entitled action on the day of , 20 , and duly entered in the office of the Clerk of the County of on the day of , 20 . To STEVEN J. BAUM, P.C. Attorney(s) for Attorney for Sir.-Please take notice NOTICE OF SETTLEMENT that an order of which the within is a true copy will be presented for settlement to the Hon. one of the judges of the within named Court at day of oaqa , 20 . To STEVEN J. BAUM, P.C. or for Attomeyfe (s) STATE OF NEW YO tGQ11New as oH SS.: AFFIDAVIT O F SERVICE BY MAIL being duly sworn, deposes and says; deponent is not a party to the action, s ove 18 o nent served the within . upon attorn s for . in this action, at d X t.t a the address, designated by said attorney(s) for that purpose by depositing a so true copy of same enc se In a post-pa properly adbressed wrapper, in-a post office--official depository under the exclusive care and custody of the United States Postal Service within the State of New York. Swom to before me, this day of , 20 Aintmmpohne enm mieeinner nFnanda