Motion,Ex Parte: U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For Rmtp Trust, Series 2021 Bkm-Tt v. Eric M. Shannon, Ashley E. Shannon, Technology Insurance Company, Inc., John Doe And Jane Doe

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                                At Part ___ of the Supreme Court held in
                                                                        the County of Tioga, at 20 Court Street,
                                                                        P.O. Box 10, Oswego, NY 13827, on the
                                                                        _____ day of __________________,
                                                                        20___.

PRESENT: ____________________________________
JUSTICE OF THE SUPREME COURT
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U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS                             Index No. 2023-00063011
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR RMTP TRUST, SERIES 2021 BKM-                                  ORDER OF REFERENCE AND
TT,                                                                             DEFAULT JUDGMENT

                                                    Plaintiff          Mortgaged Premises
                          -against-                                    21 Circle Drive
                                                                       Waverly, NY 14892
ERIC M. SHANNON; ASHLEY E. SHANNON;
TECHNOLOGY INSURANCE COMPANY, INC.;                                    Section: 166.08
"JOHN DOE" and "JANE DOE" said names being                             Block: 1
fictitious, it being the intention of plaintiff to designate           Lot: 21
any and all occupants of premises being foreclosed
herein,                                                                Mortgage Servicer: Rushmore Loan
                                                                       Management Services, LLC
                                                 Defendants
                                                                       Mortgage Servicer Phone #: (888) 699-
                                                                       5600
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     UPON the Summons, Complaint, and Notice of Pendency filed in this action on the 21st day of June,

2023, the Notice of Motion dated August 30, 2023, the affirmation by Hillary Prada, Esq., the Affidavit

in Support by Joel Valdez who is Assistant Secretary of Nationstar Mortgage LLC, subservicer for

Rushmore Loan Management Services, LLC, duly sworn to on August 14, 2023, together with the

exhibits annexed thereto, and all prior papers filed in this action and prior proceedings had herein; and

    UPON proof that each of the defendants herein has been duly served with the Summons and

Complaint in this action, and required notices; and

    AND it appearing that the mortgagors are not residents of the property subject to foreclosure;

    AND it appearing that Eric M. Shannon, Ashley M. Shannon, and Technology Insurance Company’s

time to answer the complaint has expired;

                                              Firm File No. 210691-2
    AND it appearing to the satisfaction of this court that this action was brought to foreclose a mortgage

on real property located at 21 Circle Drive, Waverly, NY 14892, in the county of Tioga, State of New

York [Section: 166.08, Block: 1, Lot: 21],

    NOW, on motion by FRIEDMAN VARTOLO LLP, attorneys for the Plaintiff, it is hereby

    ORDERED that defendants Eric M. Shannon, Ashley M. Shannon, and Technology Insurance

Company are determined to be in default; and it is further

    ORDERED         that   ______________________________________               with   an    address    of

__________________________________________________________________________________,

is hereby appointed Referee, in accordance with RPAPL §1321, to compute the amount due to Plaintiff

and to examine whether the mortgaged property may be sold in parcels; and it is further

    ORDERED that the Referee make his/her computation and report with all convenient speed; and it

is further

    ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL §1321; and it is

further

    ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance

with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including, but not limited to §36.2(c)

(“Disqualifications from appointment”), and §36.2(d) (“Limitations on appointments based upon

compensation”), and, if the Referee is disqualified from receiving an appointment pursuant to the

provisions of the Rule, the Referee shall immediately notify the Appointing Judge; and it is further

    ORDERED that pursuant to CPLR 8003(a), the statutory fee of $350.00, and in the discretion of

the court,a fee of $_____, shall be paid to the Referee for the computation of the amount due and upon

the filing of his/her report and the Referee shall not request or accept additional compensation for the

computation unless it has been fixed by the court in accordance with CPLR 8003(a); and it is further



                                             Firm File No. 210691-2
     ORDERED that the Referee is prohibited from accepting or retaining any funds for him/herself or

paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative

Judge; and it is further

        ORDERED, that the caption of this action is amended by removing those parties named herein

as “JOHN DOE” and “JANE DOE,” and all proceedings heretofore filed herein shall be deemed amended

accordingly, and it is further

        ORDERED, that the caption of this action, as amended, shall read as follows:


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U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS                             Index No. 2023-00063011
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR RMTP TRUST, SERIES 2021 BKM-
TT,

                                                         Plaintiff
                            -against-

ERIC M. SHANNON; ASHLEY E. SHANNON;
TECHNOLOGY INSURANCE COMPANY, INC.,

                                                       Defendants
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; and it is further

     ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and

     persons entitled to notice, including the Referee appointed herein.

This constitutes the decision and order of the court.


                                                             ENTER:


Dated: _________________                            ______________________________________
                                                    HON.                    , J.S.C.




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SCHEDULE A—LEGAL DESCRIPTION




        Firm File No. 210691-2