Preview
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021
SUPREME COURT OF THE STATE OF NEW T ORK
COUNTY OF RENSSFLA FR
WILLINGTON SAVINGS FUND SOCIETY INDEX No.
PlaintitT, 2019-263398
- against -
JOHN JERKERT, JR.,
Defendants,
REDACTION COVER PAGE
CHECK ALL THAT APPLY:
X The document filed contains no confidential personal inf::::!s, as defined in 22 NYCRR 202.5(e).
The decurseat filed is REDACTED in accGrdâñce with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
a) The document filed contains SSN (as authorized by the order specified below).
b) The documcñt filed contains confidential personal infesstion as defined under 22 NYCRR 202.5(e) (as authorized by the
order specified below).
This document was previously filed REDACTED.
Date: OS/21/ M19 12:14: 42 PM
F rank 3 t4erola
This document was previously filed UN-REDACTED.
Rens se l aer C oun ty
Date: Cler ks of fic e
The damiment filed seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a previously Sed order of the Court regarding this document: yes / no
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted / un-redacted document: yes / no
Date of order:
Other identifying information for such order:
Signature of fHer
Print Name: hsica Lewis
Counsel appearing for 2/A (name of party)
Filer is Unrepresented / Pro se: Yes / no
Date: 08/19/19
1 of 6
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021
REQUEST FOR JUDICIAL INTERVENTION m For Court.Clerk Use Only:
UCS-840 (7/2012) IAS Entry Date
Supreme COURT, COUNTY OF Rensselaer
Judge Assigned
Index No: 2019-263398 Date Index Issued: 06/06/2019
Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust A F il e d f or Re cor d
OS/21/ 2019 12:14: 42 PM
R ens se ~las r C oun ty
F r an k "I Mero 7 a
c ler ks of f-ic e
$ $9 !i. 00 R ec # 120944
Plaintiff(s)/Petitioner(s) .
-against-
1" No.100"
JOHN HERKERT, JRa POLSINELLO FUELS, INC.; and "JOHN DOE No. through "JOHN DOE inclusive, the name of the last 100
defendants being fictitious, the true names of said defêñdants being unknown to plaintiff, it being intended to designate fee owners,
tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a Ilen upon the liened premises, if
the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin,
distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest
of them and generally all persons having or claiming under, by, through, or named as a class, of any right, title,
or interest In or lien upon the premises described in the complaint herein,
Defendant(s)/Respondent(s)
AUUÏÈWMGNOMERRODREDINDW50%WiëRWBR511iNB185F45555555
MATRIMONIAL COI IMIÉRCIAL
Ö Contested O Business Entity (including corporations, partnerships, LLCs, etc.)
NOTE: For all Matrimonial actions where the parties have children under O Contract
the age of 18, complete and attach the MATRIMONIAL RJi Addendum. O Insurance (where insurer is a party, except arbitret!en)
For Uncontested Matrimonial actions, use RJi form UD-13. O UCC (|ñc|üding sales, ing©tiâble instrumontc)
TORTS O Other Commerciai:
O Asbestos
O ereast implant NOTE: ror Commercial Division assignment requests [22 NYCRR §
O Enviranmontol: 202.70(d)], complete and attach the COMMERCIAL DIV RJi Addendum.
(8Pech) REAL PROPERTY: How many propertiesdoes the applicationIncludÓ .
O Medical, Dental, or Podiatric Malpractice Û Condemnation
O Motor Vehicle O
Mortgage Foreclosure (specify): Residential O Commercial
12154
O Products Liability: Property Address:76 HansenRoad schaghticoke
(specify) StreetAddress City State Zip
O Other Negligence: NOTE: For Mortgage Foreclosure actions involving a one- to four-family,
(SPScify) owner-occupied, residential property, or an owner-occupied
I O Other Professional Me!prectice: condominium, complete and attach the FORECLOSURE RJf Addendum.
(SPecify) O Tax Certiorari - Section: Block: Lot:
O Other Tort: O Tax Foreclosure
(specify) O Other Real Property:
. (Specify)
OTHER MATTERS
O Certificate of Incorporation/D!ssolution [see NOTE under Commercial] SPECIAL PROCEEDINGS
O Emergency Medical Treatment O CPLR Article 7s (Arbitration) [see NOTE under Commercial]
O Habeas Corpus O CPLR Article 78 (Body or Officer)
O Local Court Appeal O Election Law
O Mechanic's Lien O MHL Article 9.60 (Kendra's Law)
O Name Change O MHL Article 10 (Sex offender Confinement-Initial)
O Pistol Permit Revocation Hearing O MHL Article 10 (Sex offender Confinemor.tReview)
O Sale or Finance of Rs||g|ous/Not-for-Profit Property O MHL Article 81 (Guardianship)
O Other: !O Other Mental Hygiene:
(specify) (specify)
O Other Special Proceeding:
(specify)
VEs$rTSOWEVEW¶delitidri¾NITWP" oiíFatid‰¤nélicite'dSE$RE
STATUS OF'ACTIONFOR'PROCEEDING:Q95MPWArisFer
I YES | NO
Has a :smmenc and comp!aint or suniiiiciis w/notice been filed? Q If yes, date filed: 06/06/2019
Has a asmmon and complaint or summons w/notice been served? Q If yes, date served: 06/17/2019
Is this action/proceeding being filed post-judgment? O O If yes, judgment date:
2 of 6
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021
NÂTÚ EtÖÛ DIC3A II E ÊÑÝÏÔÑ.- Che .":-
.. be n ANIA a .¤iew e ndi t
O nfant's compromi:a
O Note of Issue and/or Certificate of Readiness
O Notice of Medical, Dental, or Podiatric Me!pectice Date Issue Joined:
O Notice of Motion Relief Sought: Retum Date:
O Notice of Petition Relief Sought: Retum Date:
O Order to Show Cause Relief Sought: Retum Date:
O Other Ex Parte Application Relief Sought:
O Poor Person Application
O Request for Preliminary Conference
O Residential Mortgage Foreclosure Settlement Conference
O Writ of Habeas Corpus
O Other (specify):
Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case . .
Parties: Attorneys and/or Unrepresented Litigants:
Un- issue
List parties In caption order and Provide attomey name, firm name, business address, phone number and e-mail Joined
Rep indicate party role(s) (e.g. defendant; address of all attomeys that have appeared in the case. For unrepresented (Y/N)• Carrier(s):
3rd-party plaintiff). litigants, provide address, phone number and e-mail address.
W!!mingtGn Savings Fund Soclety, FSB,as
LastName
Aldridge Pite, LLP
FirstName FirmName
PrimaryRole: 40MarcusDrive,Suite200 Melville NewYork 11747
streetAddress City state ZIp
secondaryRole(if any): 6314548059 Filingsealdridgepite.com
Phone Fax e-mail
JR
HERKERT, Elliott Timothy
LastName LastName FirstName
JOHN Elliott Law Office PLLC
FirstName FirmName
PrimaryRole: 76HANSEN
ROAD SCHAGHTICOKE NewYork 12154
Defendant
streetAddress City state Zip
secondaryRole(if any):
Phone Fax e-mail
POLSINELLOFUELS,INC
LastName LastName FirstName
FirstName FirmName
PrimaryRole: 241RIVERSIDE
AVENUE RENSSELAER NewYork 12144
Defendant
StreetAddress City State Zip
NO
SecondaryRole(if any):
Phone Fax e-mail
"JOHN DOENo. 1" through "JOHNDOENv
LastName LastName FirstName
FirstName FirmName
76HANSEN
ROAD SCHAGHTICOKE hM 12154
Defendant
streetAddress City State 23p
NO
secondaryRole(Ifany):
Phone Fax .__ __ __ e-rnall
I AFFIRM UNDER THE PENALTY OF PE tJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE
BEEN NO RELATED ACTIONS OR PRO 3EEDiNGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN
THIS ACTION OR PROCEEDING.
Dated: 08/09/2019
S TURE
5669627 Kyle E. Landri n
ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME
Print Form
3 of 6
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021
"
FORECLOSURE Request for Judicial Intervention Addsadüm Å
Supreme 2019-263398
COURT, COUNTY OF INDEX NO.
For use in ALL mortgage fc÷c:!:::re actions where the property is: (check if applicable)
instr etions
@ 1. A one- to four-family owner-occupied residential property If # 1 or # 2 is applicable:
OR • Select "Reoidentic! Mortgage Foreclosure Settlement
Conference"
as the Nature of Judicial Intervent:Gn on the RJi.
O 2. An owner-occupied conde=!n!:= •
Identify the mortgage servicer.
• The Defendant/Respondent Information section below MUST
Mortgage Servicer: Carrington Mortgage Services, LLC
be completed for all defendonis and attached to the RJI.
DEFENDANT/RESPONDENT INFORMATION: List parties in caption order. Attach additional sheets as necessary.
1. Last Name: First Name: PrimaryPhone: SecondaryPhone:
NewYork
76HANSEN
Address:
ROAD
(Street
Address)
SCHAGHTICOKE
(City) (State)
12154
(Zip)
_ e-mail:
Comments: 02/06/2019
90-dayNotice[RPAPL§ 1304(1)]mailedon:
2. LastName: First Name: PrimaryPhone: SecondaryPhone:
Address: e-mail: ____ ____
(Street
Address) (City) (Statej (Zip)
Comments: 90-dayNotice[RPAPL§ 1304(1)]mailedon:_
3. LastName: First Name: PrimaryPhone SecondaryPhone
Address: e-mail: ____
(Street
Address) (City) (State) (Zip)
Comments: _ ____ 90-dayNotice[RPAPL§ 1304(1)1
malledon:
4. LastName: First Name:- ____ PrimaryPhone: SecondaryPhone:
Address:
(Street
Address) (City) (State) (Zip)
_ e-mail:
Comments: 90-dayNotice[RPAPL§ 1304(1)]mailedon:
5. Last Name: First Name: PrimaryPhone: ____ ____ SecondaryPhone:
Address: e-mail:
(Street
Address) (City) (State) (Zip)
Comments: 90-dayNotice[RPAPL§ 1304(1)]malledon:
ATrENTION:ProofofservicemustbefiledwiththisRJIforeachdefendantuponwhoma summonsandcomplaintor summonswithnoticehasbeenserved.[CPLR§ 3408]
Print Form
4 of 6
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC.OFNO.
COUNW 12
RENSSELAER SUPREME COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 10/12/2021
Record # 55862X
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A,
Plaintiff(s) - Petitioner(s)
against Date Filed 6/6/2019
INDEX # 2019-263398
JOHN HERKERT, JR., ET AL,
- Respondent(s)
Defendant(s)
STATE OF NEW YORK COUNTY OF ALBANY 1133-2322B
5545462
DAVID TATUM being duly swom, deposes and says: That deponent is not a party to this action, is over the age 18 years
and has principal place of business in the County of Albany New York. That at 6:42 PM on 6/1772019
at 76 HANSEN ROAD, SCHAGHTICOKE, NY 12154 , deponent served a true copy of a
SUMMONS AND COMPLAINT, CERTIFICATION WITH EXHIBITS AS REQUIRED BY CPLR §3012-b which contains the ed !ene! notice
requirements in accordance with RPAPL §1320, along with a copy of the Homan=ner's Foreclosure Notice as required by RPAPL §1303,
which Notice was printed on a colored piece of paper, which color differed from that of the color of the SUMMONS AND COMPLAINT,
CERTIFICATION WITH EXHIBITS AS REQUIRED BY CPLR §3012-b and the notice was in bold, fourte e with the title of the
A a e $14 12:18 PM
Notice in bold, twenty-point type, bearing index # 2019-263398, filed 6/6/2019
F ran k 3 Mero1a
Rens se 1ae r c oun ty clerk
upon JOHN HERKERT, JR. the Defendant in this action.
Sultable age By delivering a true copy of each and leaving with BRETT HERKERT who is known to be
person the CO-TENANT / SON and a person of suitable age and discretion. Said premises is recipients
[X] [ X ] usual place of abode with in the state. [ ] actual place of business.
Malling Deponent completed service by depositing a true copy of each properly sealed affixed with first class postage and
addressed to the JOHN HERKERT, JR. and mailed to Defendant at
76 HANSEN ROAD SCHAGHTICOKE, NY 12154
in an official depository under the exclusive care and custody of the U.S. Postal Service.
6 / 18 / 2019 [ X ] The envelope was marked personal and confidential. [ ] The mailing was also made by certified mail receipt
number [ ] A retum receipt was requested.
{ ] an additional copy of the summons was mailed to the defendant pursuant to CPLR 3215
Approximate
Description Sex - Male Skin -White Hair Color - Brown Age - 19
5' 10"
Height - Weight -220 Other -None
Military Deponent asked the person spoken to whether the defendant was in active military service of the United States of America or of the
[X] State of New York in any capacity and received a negative reply. The source of my information and the grounds of my belief are the
conversations and observations above narrated.Upon information and belief I aver that the defendant is not in the military service of New
York or of the United States as that term is defined in either the State or Federal statutes.
[ ] Deponent was unable to determine named defendant's military status.
[ X] The above action had endorsed thereon the index number and the filing date.
Swom to before me
This 18 day of June 2019
otary Public mi M. orbett DA TATUM
Donna L Landy Michelle M. Santspree Emily M. Corbett
Notary Public, State of New York Notary Public, State of New York Notary Public, State of New York
NO. 01LA4950186 No. 01SA5047611 No. 01CO6299470
Qualified in Rensselaer County Qualified in Albany County Qualified in Albany County
Commission Expires April 24, 2019 Commission Expires August 7, 2021 Commission Expires March 24, 2022
PROVEST LLC - 320 CARLETON AVE STE#2600 - CENTRAL ISLIP, NY 11722 - (631)666-6168
5 of 6
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021
ALDRIDGE PITE
LLP
Aldridge Pite
4375 Jutland Drive
San Diego, CA 92117
Afffidavit No: 526120 Ts Number: 1133-2322B
Invoice Date: 8/12/2019 Loan Number: 7000080137
Mail Date: 08/12/2019 Investor:
Property Address: 76 Hansen Road, Schaghticoke, NY 121
First Class 1 .5 3
Total: 1 .5
Postage Cost Break Down (by page count)
Between 1 and 4 pages; postage is .5
Certified Mail Fee is 3.5
E!ectronic RR Mail Fee is 1.6 (must include Certified Mail Fee)
Actual postage break down
1 First Class x .5 = $.5
6 of 6
Preview
FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021 SUPREME COURT OF THE STATE OF NEW T ORK COUNTY OF RENSSFLA FR WILLINGTON SAVINGS FUND SOCIETY INDEX No. PlaintitT, 2019-263398 - against - JOHN JERKERT, JR., Defendants, REDACTION COVER PAGE CHECK ALL THAT APPLY: X The document filed contains no confidential personal inf::::!s, as defined in 22 NYCRR 202.5(e). The decurseat filed is REDACTED in accGrdâñce with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). a) The document filed contains SSN (as authorized by the order specified below). b) The documcñt filed contains confidential personal infesstion as defined under 22 NYCRR 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. Date: OS/21/ M19 12:14: 42 PM F rank 3 t4erola This document was previously filed UN-REDACTED. Rens se l aer C oun ty Date: Cler ks of fic e The damiment filed seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a previously Sed order of the Court regarding this document: yes / no Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted / un-redacted document: yes / no Date of order: Other identifying information for such order: Signature of fHer Print Name: hsica Lewis Counsel appearing for 2/A (name of party) Filer is Unrepresented / Pro se: Yes / no Date: 08/19/19 1 of 6 FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021 REQUEST FOR JUDICIAL INTERVENTION m For Court.Clerk Use Only: UCS-840 (7/2012) IAS Entry Date Supreme COURT, COUNTY OF Rensselaer Judge Assigned Index No: 2019-263398 Date Index Issued: 06/06/2019 Wilmington Savings Fund Society, FSB, as trustee of Stanwich Mortgage Loan Trust A F il e d f or Re cor d OS/21/ 2019 12:14: 42 PM R ens se ~las r C oun ty F r an k "I Mero 7 a c ler ks of f-ic e $ $9 !i. 00 R ec # 120944 Plaintiff(s)/Petitioner(s) . -against- 1" No.100" JOHN HERKERT, JRa POLSINELLO FUELS, INC.; and "JOHN DOE No. through "JOHN DOE inclusive, the name of the last 100 defendants being fictitious, the true names of said defêñdants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a Ilen upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest of them and generally all persons having or claiming under, by, through, or named as a class, of any right, title, or interest In or lien upon the premises described in the complaint herein, Defendant(s)/Respondent(s) AUUÏÈWMGNOMERRODREDINDW50%WiëRWBR511iNB185F45555555 MATRIMONIAL COI IMIÉRCIAL Ö Contested O Business Entity (including corporations, partnerships, LLCs, etc.) NOTE: For all Matrimonial actions where the parties have children under O Contract the age of 18, complete and attach the MATRIMONIAL RJi Addendum. O Insurance (where insurer is a party, except arbitret!en) For Uncontested Matrimonial actions, use RJi form UD-13. O UCC (|ñc|üding sales, ing©tiâble instrumontc) TORTS O Other Commerciai: O Asbestos O ereast implant NOTE: ror Commercial Division assignment requests [22 NYCRR § O Enviranmontol: 202.70(d)], complete and attach the COMMERCIAL DIV RJi Addendum. (8Pech) REAL PROPERTY: How many propertiesdoes the applicationIncludÓ . O Medical, Dental, or Podiatric Malpractice Û Condemnation O Motor Vehicle O Mortgage Foreclosure (specify): Residential O Commercial 12154 O Products Liability: Property Address:76 HansenRoad schaghticoke (specify) StreetAddress City State Zip O Other Negligence: NOTE: For Mortgage Foreclosure actions involving a one- to four-family, (SPScify) owner-occupied, residential property, or an owner-occupied I O Other Professional Me!prectice: condominium, complete and attach the FORECLOSURE RJf Addendum. (SPecify) O Tax Certiorari - Section: Block: Lot: O Other Tort: O Tax Foreclosure (specify) O Other Real Property: . (Specify) OTHER MATTERS O Certificate of Incorporation/D!ssolution [see NOTE under Commercial] SPECIAL PROCEEDINGS O Emergency Medical Treatment O CPLR Article 7s (Arbitration) [see NOTE under Commercial] O Habeas Corpus O CPLR Article 78 (Body or Officer) O Local Court Appeal O Election Law O Mechanic's Lien O MHL Article 9.60 (Kendra's Law) O Name Change O MHL Article 10 (Sex offender Confinement-Initial) O Pistol Permit Revocation Hearing O MHL Article 10 (Sex offender Confinemor.tReview) O Sale or Finance of Rs||g|ous/Not-for-Profit Property O MHL Article 81 (Guardianship) O Other: !O Other Mental Hygiene: (specify) (specify) O Other Special Proceeding: (specify) VEs$rTSOWEVEW¶delitidri¾NITWP" oiíFatid‰¤nélicite'dSE$RE STATUS OF'ACTIONFOR'PROCEEDING:Q95MPWArisFer I YES | NO Has a :smmenc and comp!aint or suniiiiciis w/notice been filed? Q If yes, date filed: 06/06/2019 Has a asmmon and complaint or summons w/notice been served? Q If yes, date served: 06/17/2019 Is this action/proceeding being filed post-judgment? O O If yes, judgment date: 2 of 6 FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021 NÂTÚ EtÖÛ DIC3A II E ÊÑÝÏÔÑ.- Che .":- .. be n ANIA a .¤iew e ndi t O nfant's compromi:a O Note of Issue and/or Certificate of Readiness O Notice of Medical, Dental, or Podiatric Me!pectice Date Issue Joined: O Notice of Motion Relief Sought: Retum Date: O Notice of Petition Relief Sought: Retum Date: O Order to Show Cause Relief Sought: Retum Date: O Other Ex Parte Application Relief Sought: O Poor Person Application O Request for Preliminary Conference O Residential Mortgage Foreclosure Settlement Conference O Writ of Habeas Corpus O Other (specify): Case Title Index/Case No. Court Judge (if assigned) Relationship to Instant Case . . Parties: Attorneys and/or Unrepresented Litigants: Un- issue List parties In caption order and Provide attomey name, firm name, business address, phone number and e-mail Joined Rep indicate party role(s) (e.g. defendant; address of all attomeys that have appeared in the case. For unrepresented (Y/N)• Carrier(s): 3rd-party plaintiff). litigants, provide address, phone number and e-mail address. W!!mingtGn Savings Fund Soclety, FSB,as LastName Aldridge Pite, LLP FirstName FirmName PrimaryRole: 40MarcusDrive,Suite200 Melville NewYork 11747 streetAddress City state ZIp secondaryRole(if any): 6314548059 Filingsealdridgepite.com Phone Fax e-mail JR HERKERT, Elliott Timothy LastName LastName FirstName JOHN Elliott Law Office PLLC FirstName FirmName PrimaryRole: 76HANSEN ROAD SCHAGHTICOKE NewYork 12154 Defendant streetAddress City state Zip secondaryRole(if any): Phone Fax e-mail POLSINELLOFUELS,INC LastName LastName FirstName FirstName FirmName PrimaryRole: 241RIVERSIDE AVENUE RENSSELAER NewYork 12144 Defendant StreetAddress City State Zip NO SecondaryRole(if any): Phone Fax e-mail "JOHN DOENo. 1" through "JOHNDOENv LastName LastName FirstName FirstName FirmName 76HANSEN ROAD SCHAGHTICOKE hM 12154 Defendant streetAddress City State 23p NO secondaryRole(Ifany): Phone Fax .__ __ __ e-rnall I AFFIRM UNDER THE PENALTY OF PE tJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PRO 3EEDiNGS, NOR HAS A REQUEST FOR JUDICIAL INTERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING. Dated: 08/09/2019 S TURE 5669627 Kyle E. Landri n ATTORNEY REGISTRATION NUMBER PRINT OR TYPE NAME Print Form 3 of 6 FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021 " FORECLOSURE Request for Judicial Intervention Addsadüm Å Supreme 2019-263398 COURT, COUNTY OF INDEX NO. For use in ALL mortgage fc÷c:!:::re actions where the property is: (check if applicable) instr etions @ 1. A one- to four-family owner-occupied residential property If # 1 or # 2 is applicable: OR • Select "Reoidentic! Mortgage Foreclosure Settlement Conference" as the Nature of Judicial Intervent:Gn on the RJi. O 2. An owner-occupied conde=!n!:= • Identify the mortgage servicer. • The Defendant/Respondent Information section below MUST Mortgage Servicer: Carrington Mortgage Services, LLC be completed for all defendonis and attached to the RJI. DEFENDANT/RESPONDENT INFORMATION: List parties in caption order. Attach additional sheets as necessary. 1. Last Name: First Name: PrimaryPhone: SecondaryPhone: NewYork 76HANSEN Address: ROAD (Street Address) SCHAGHTICOKE (City) (State) 12154 (Zip) _ e-mail: Comments: 02/06/2019 90-dayNotice[RPAPL§ 1304(1)]mailedon: 2. LastName: First Name: PrimaryPhone: SecondaryPhone: Address: e-mail: ____ ____ (Street Address) (City) (Statej (Zip) Comments: 90-dayNotice[RPAPL§ 1304(1)]mailedon:_ 3. LastName: First Name: PrimaryPhone SecondaryPhone Address: e-mail: ____ (Street Address) (City) (State) (Zip) Comments: _ ____ 90-dayNotice[RPAPL§ 1304(1)1 malledon: 4. LastName: First Name:- ____ PrimaryPhone: SecondaryPhone: Address: (Street Address) (City) (State) (Zip) _ e-mail: Comments: 90-dayNotice[RPAPL§ 1304(1)]mailedon: 5. Last Name: First Name: PrimaryPhone: ____ ____ SecondaryPhone: Address: e-mail: (Street Address) (City) (State) (Zip) Comments: 90-dayNotice[RPAPL§ 1304(1)]malledon: ATrENTION:ProofofservicemustbefiledwiththisRJIforeachdefendantuponwhoma summonsandcomplaintor summonswithnoticehasbeenserved.[CPLR§ 3408] Print Form 4 of 6 FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC.OFNO. COUNW 12 RENSSELAER SUPREME COURT OF THE STATE OF NEW YORK RECEIVED NYSCEF: 10/12/2021 Record # 55862X WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE OF STANWICH MORTGAGE LOAN TRUST A, Plaintiff(s) - Petitioner(s) against Date Filed 6/6/2019 INDEX # 2019-263398 JOHN HERKERT, JR., ET AL, - Respondent(s) Defendant(s) STATE OF NEW YORK COUNTY OF ALBANY 1133-2322B 5545462 DAVID TATUM being duly swom, deposes and says: That deponent is not a party to this action, is over the age 18 years and has principal place of business in the County of Albany New York. That at 6:42 PM on 6/1772019 at 76 HANSEN ROAD, SCHAGHTICOKE, NY 12154 , deponent served a true copy of a SUMMONS AND COMPLAINT, CERTIFICATION WITH EXHIBITS AS REQUIRED BY CPLR §3012-b which contains the ed !ene! notice requirements in accordance with RPAPL §1320, along with a copy of the Homan=ner's Foreclosure Notice as required by RPAPL §1303, which Notice was printed on a colored piece of paper, which color differed from that of the color of the SUMMONS AND COMPLAINT, CERTIFICATION WITH EXHIBITS AS REQUIRED BY CPLR §3012-b and the notice was in bold, fourte e with the title of the A a e $14 12:18 PM Notice in bold, twenty-point type, bearing index # 2019-263398, filed 6/6/2019 F ran k 3 Mero1a Rens se 1ae r c oun ty clerk upon JOHN HERKERT, JR. the Defendant in this action. Sultable age By delivering a true copy of each and leaving with BRETT HERKERT who is known to be person the CO-TENANT / SON and a person of suitable age and discretion. Said premises is recipients [X] [ X ] usual place of abode with in the state. [ ] actual place of business. Malling Deponent completed service by depositing a true copy of each properly sealed affixed with first class postage and addressed to the JOHN HERKERT, JR. and mailed to Defendant at 76 HANSEN ROAD SCHAGHTICOKE, NY 12154 in an official depository under the exclusive care and custody of the U.S. Postal Service. 6 / 18 / 2019 [ X ] The envelope was marked personal and confidential. [ ] The mailing was also made by certified mail receipt number [ ] A retum receipt was requested. { ] an additional copy of the summons was mailed to the defendant pursuant to CPLR 3215 Approximate Description Sex - Male Skin -White Hair Color - Brown Age - 19 5' 10" Height - Weight -220 Other -None Military Deponent asked the person spoken to whether the defendant was in active military service of the United States of America or of the [X] State of New York in any capacity and received a negative reply. The source of my information and the grounds of my belief are the conversations and observations above narrated.Upon information and belief I aver that the defendant is not in the military service of New York or of the United States as that term is defined in either the State or Federal statutes. [ ] Deponent was unable to determine named defendant's military status. [ X] The above action had endorsed thereon the index number and the filing date. Swom to before me This 18 day of June 2019 otary Public mi M. orbett DA TATUM Donna L Landy Michelle M. Santspree Emily M. Corbett Notary Public, State of New York Notary Public, State of New York Notary Public, State of New York NO. 01LA4950186 No. 01SA5047611 No. 01CO6299470 Qualified in Rensselaer County Qualified in Albany County Qualified in Albany County Commission Expires April 24, 2019 Commission Expires August 7, 2021 Commission Expires March 24, 2022 PROVEST LLC - 320 CARLETON AVE STE#2600 - CENTRAL ISLIP, NY 11722 - (631)666-6168 5 of 6 FILED: RENSSELAER COUNTY CLERK 08/21/2019 12:14 PM INDEX NO. EF2019-263398 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/12/2021 ALDRIDGE PITE LLP Aldridge Pite 4375 Jutland Drive San Diego, CA 92117 Afffidavit No: 526120 Ts Number: 1133-2322B Invoice Date: 8/12/2019 Loan Number: 7000080137 Mail Date: 08/12/2019 Investor: Property Address: 76 Hansen Road, Schaghticoke, NY 121 First Class 1 .5 3 Total: 1 .5 Postage Cost Break Down (by page count) Between 1 and 4 pages; postage is .5 Certified Mail Fee is 3.5 E!ectronic RR Mail Fee is 1.6 (must include Certified Mail Fee) Actual postage break down 1 First Class x .5 = $.5 6 of 6