Preview
INDEX
INDEX NO. 2023-00062941
NO. 2023-00062941
FILED:
ETLED : TIOGA
TIOGA COUNTY
COUNTY CLERK
CLERK 06/20/2023
5 5 01:43
: 5 PM
NYSCEF DOC.
NYSCEF DOC. NO. 1
NO. 20 RECEIVED
RECEIVED NYSCEF: 05/05/2023
NYSCEF: 06/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
M&T BANK, SUMMONS
FORECLOSURE ACTION
Plaintiff,
Index No.:
v.
Property Address:
DUSTIN L. CODY, JATONAM. CODY, SECRETARY 11 Kelsey Road
OF HOUSING AND URBAN DEVELOPMENT, TERRY Candor, NY 13743
FORD, ROGER FORD, MDLAND CREDIT
MANAGEMENT, INC., NEW YORK STATE SBL No.: 72.11-1-1
DEPARTMENT OF MOTOR VEHICLES, JOHN DOE,
Defendant.
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and
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.
Tioga County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises.
105144-4
1 of 9
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED NYSCEF:
IN DEX NO. 2 0 2 3-006/20/2023
0062 941
FILED : TIOGA COUNTY CLERK 5 :
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/31/2023
3uncMr caustr
OF THE sTATEOF NEWYORK COUNTY OF TIOGA
Plaintiff / Petitioner: AFFIDAVIT OF SERVICE
M&T BANK, index No:
Defendant / Respondent- 2023-00062941
DUSTIN L CODY, JATONA M. CODY, 5ECRETARY OF HOUSING
AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD,
MIDLAND CREDIT MANAGEMENT. INC., NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES, JOHN DOE,
The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave
A, Elmira, NY 14903 . That on Sat, May 20 2023 AT 01:59 PM AT 11 Kelsey Rd, Candor, NY 13743 A/K/A 11 S Kelsey Rd, Candor, NY 13743
deponent served the within Summons, Complaint, E-File Notice, Certificate of Meritr and 1303 Notice-Help for Homeowners in Foredosure in
bold fourteen-point type and printed on colored paper, that is other than the color of the summons and complaint, and the title of the notice
printed in bold twenty-point type in compliance with RPAPL Sect 1303 on Dustin L. Cody
Confirmed They Reside Here,With A Neighbor.
Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person
described as said defendant therein.
corporation: _ a defendant, therein named, by delivering a true copy of each to
personally, deponent knew said corporation so served to be the corporation described, and knew said Individual to be
thereof.
Suitable Person: by delivering thereat, a true co py of each to a person of suitable age and discretion.
Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a
person of suitable age or discretion thereat, having called thereon; at
1)05/18/2023 @ 09:14 AM 2)05/19/2023 @ 07:07 PM 3) 05/20/2023 @ 01:59 PM
Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's
last known residence, 11 Kelse1Rd Candor NY_13743, A/K/A 11 S Kelsey Rd, Candor, NY 13743 and depositing said wrapper in a post
office, official depository under the exclusive care and custody of the United States Post Office, department, with New York State.
Mailed on MbY Mlh
Military Service: I ask the person spoken to whether defendant was in active military service of the United States or of the State of
New York in any capacity whatever and received a negative reply. Defendant wore ordinary cMilan dothes and no military umform. The
source of my information and the ground 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 State or of the United States as that term is defined in either
the State or in the Federal statutes.
Description:
Age: Ethnicity: Gender: Weight:
Height: Hair Eyes: Relationship:
Other
. Sworn to before me on
"
Russell Hill Notary Public
JUDITH A, STANTON
of New YDdt
Notary Public, State
No. 04ST6212485
Chemung County October 13. -.--
I commission Expires
1 of 1
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX 2 O2 3- 06/20/2023
NYSCEF:
NO. 0 0 0 62 9 4 1
FILED : TIOGA COUNTY CLERK 05/31/2023 02: 08 PM|
NY SCE F DOC , NO. 13 RECE IVED NY SCE F : O5 / 31 / 2 0 2 3
OF THE STATEOF NEWYORK COUNTYOF TIOGA
Plaintiff / Petitioner AFFIDAVir OF SERVICE
M&T BANK, index No:
Defendant / Respondent· 2023.00062941
DUSTI N L CODY, JATONA M. CODY, SECRETARYOF HOUSING
AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD,
MIDLAND CREDIT MANAGEMENT, INC., NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES,jOHN DOE,
The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave
A, Elmira, NY 14903 . That on Sat, May 20 2023 AT 01:59 PM AT 11 Kelsey Rd, candor, NY 13743 A/K/A11 5 Kelsey Rd, Candor, NY
13743 deponent served the within Summons, Complaint, E-File Notice, certiñcate of Merit, and 1303 Notice-Help for Homeowners in
Foreclosure in bold fourteen-point type and printed on colored paper, that is other than the color of the summons and complaint, and the
title of the notice printed in bold twentY-point type in compliance with RPAPL Sect 1303 on fatona M. Cody
Confirmed They Reside Here,With A Neighbor.
Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person
described as said defendant therein.
Corporation: . a defendant, therein named, by delivering a true copy of each to
personaffy, de ponent knew said corporation so served to be the cor poration described, and knew said individual to be
thereof.
5uitable Person: by delivering thereat, a true copy of each to a person of suitable age and discretion.
Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a
person of suita ble age or discretion thereat, having called thereon; at
1) 05/18/2023 @ 09:14 AM 2)05/19/2023 @ 07:07 PM 3)05/20/2023 @ 01:59 PM
Mailing: Deponent also endosed a copy of same, in a postpaid sealed wra p per properly addressed to said defendant at defendant's
last known residence, 11 Kelsey Rd, Candor, NY 13743, A/K/A 11 5 Kelsey Rd, Candor, NY 13743 and depositing said wrapper in a post
office, offid de pository under the exclusive care and Sstody of the United 5tates Post Office, department, with New York State.
Mailed on 60 22 l 3
Military Service: I asked tMe person spoken to whether defendant was in active military service of the United States or of the state of
NewYork in any capadty whatever and received a negative rep\y. Defendant wore ordinary civilian dothes and no militaryun form. The
source of my information and the ground 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 State or of the United States as that term is defined In either
the 5tate or in the Federal statutes.
Description:
Age: Ethnicity Gender: Weight:
Height: Hair Eyes·
Relationship:
Other
Swom to before me on
Russell Hill Notary Public
JUDiTH A. STANTON
Notary Public, State of New k
Chamunr; County No. 04ST62t2435
Commission Expim Octo ber 18, 20.._
1 of 1
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX
NYSCEF:
NO.
06/20/2023
2 02 3-000 62 94 1
|FILED : TIOGA COUNTY CLERK 05/16/2023 12:26 PM|
NYSCE F DOC . NO. 6 RECEIVED NY SCEF : 05 /1 6 /2 023
Peter Jay Associates, tric.
P.O. Box 11172 Franklin Square Station Syracuse, New York 13218 (315) 453-3011
A Nationwide Process Serving Agency established in 1964
Michael L. Brickman, President
fiktate of Near §ark of
GIanutg
f§uprente Gh "met1aurt
DATEOF clLWG
PLAINTIFF/PERTIONER
VS DOCUMENTSWEREENDORSEDWFM
THE INDEX NO.AND DATEOF FILING
DEFENDANT/RESPONDENT
STATE OF NEW YORK )
SS:
COUNTY OR/4
. . duly sworn, deposes and s s, that ved
na (perein as defe pondent. at f 'l^
C. Advanced $ _,_. . in witness fees. TIME ICE
By personally delivering to and teaving with said ,, ... . a true copy thereof
and that he knew the person so served to be the person mentioned and described in said . ... . . . .
PERSOE
By ri aving with at
2, . N X, and that he knew the person so served be the
CORP. ° ® 9°'" °"· DN
Service mes made in the foeaw¾g manner añer your deporrent mes unable wMk due aligence to sane the defendent in person:
gsp, By delivering a true copy thereof to and leaving with,
a person of suitable age and discretion at ________... . _ . . .. N.v: the said premises being the defendants;
p
respondents (dwelling place) (usual place of abode) (place of business) within the State of New York.
4. By affixing a true copy thereof to the door of said premises, the same being the defendants (dwelling place) (usual place of abode) (place of
business) within the State of NewYork.
Deponent completed service under the last two sections by depositing a copy of the . .. . ... .._______.__
5. in a postpaid. properly addressed envelope in an official
depaeltory under the exclusive care and custody of the United States Post Office in
g4g the State of New York, on _. - s . 20 _., .______
Deponent had previously attempted to serve the above named defendant/respondent on dates
following
6. and times on. __._.... A.M. RM.
PREV. Date Time
ATTEMPTS .and times on: .. A.M. RM.
Date Time
and times on: A.M. RM.
Date Time
A DESCRIPTION OF DEFENDANT OR OTHER PERSQN SERVED ON BEHALF OF THE DEFENDANT IS AS. Br
Approximate age .. Approximate weight . ! 1 __ Approximate height Sex
Color of Skin . . if Color of hair __ Other
DESCRIPTION: Deponent asked the person spoken to whether the defendant was presently in the
military service of the United States Govemment or or
acDve duty in the military service in the State of New York and was informed he was not Your deponent further says that he
knew the
(USE WITH person so served to be the person mentioned and described In said legal papers as defendan d th I, ur deponentis over the
I, 2 or 3) age of t8 years and is not a party to this action.
Swom to before me this
O ") Signature of Process Server
NOTARY PUBlJC, COUNijVaGiry Public, State of New
NOTARY PUBUC REGIST-BATighg 01
MY TERM EXPIRES Qualified in
1 of 1
Member National Association of Professional Process Servers
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX NYSCEF:
NO. 06/20/2023
2023-00062941
FILED : TIOGA COUNTY CLERK 5 0 : 6
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/16/2023
Supreme Court County of Tioga Index #2023-00062941
State of New York Filed: 5/5/23
M&T Bank
AFFIDAVIT OF
Vs. MAILING
Dustin L Cody, et. al.
STATE OF NEW YORK, COUNTY OF MONROE SS:
Dylan J. Frankel, being duly sworn, deposes and says:
That I am not a party to this action, am over eighteen (18) years, and reside in Rochester,
New York.
That I mailed a copy of the Summons, Complaint, E-File Notice, and Certificate of Merit
bearing Index #202300062941 and filing date of 5/5/23 to:
Secretary of Housing and Urban Development
75
451 Street. S.W.
Washington D.C. 20410
That I deposited the same by certified mail (7022 1670 0001 0433 0295) with the United
States Post Office on 5/1 1/23.
I believe the above statements are true and correct to the best of my knowledge.
Sworn to before me on, _ __202
Dylan . Frankel
LORNAM.DAVI
NOTARYPUSUC, STATEOF NEWYORK
Registration No. 01DA6933422
Qualified in Monroe County
Caranission Expires November 15, 20 9f
1 of 1
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX NYSCEF:
NO. 2 023-0 06/20/2023
00 62 9 4 1
IFILED : COUNTY CLERK 05/ 24/2023 02:18 PM|
NY S CE FO . NS YORK RE CE IVE D ]g§)ƽy 24/ 202 3
y
Plaintiff / Petitioner: AFFIDAVIT OF SERVICE
M&T BANK,
inggy 3n,
Defendant / Repondent: 2023-00062941
DUSTIN L CODY.JATONA M. CODY, SECRETARYOF FlOUSING
AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD
MIDLAND CREDIT MANAGEMENT. fNC., NEW YORK STATE
DEPARTMENTOF MOTOR VEMICLESi]OHN DOE,
The undersigned being duysweira, deposesand says;deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave
A Elmira 14903 . Thaton Set, May 13-2023 AT 02:31 PM AT1375 Ridge Road , Rome , Pennsylvania 18837 deponent served the within
Summons,Complaint, E-File Notice, and Certificate or Merit on
Terry Ford
.X individual: by delivering a true copy of each to said defendant, personally: deponent knew the person so served to be the person
described as said defendant therein.
Corporation a defendant, therein named, by delivering a true copy of eachto
personally, deponent knew sakf corporation so served to be the corporation described,and knew said IndMdual to be
thereof
Suitable Person: by delivering thereet, a true copy of each to a person of suitable age and discretion.
Affixing to Door: by affixing a true copy of each to the.door thereof, deponent was unable with due diligence to find defendant, ora
person of suita ble age or discretion thereat, having called thereon:at ·
Mailing" Deponent also endosed
a copy of same, In a postpaid sealed wrapper properly addressed to said defendant at defendant's
last known residence, , and depositing said wrapper in a post office, official depository under the exclusive care
and custody of theUnited States Post Office, department, with New York State. Mailed on .
Military Service:Iasked the person spoken to whether defendant was in active military service of the United States or of the State of
New York inany capacity whateverand received a negative reply. DefendorstmooreoMinarycivilianclothes andnomilitaryuniform. The
source of my Information and the ground 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 5tate or of the United States as that term Is defined in either
the State or in the Federal statutes.
De\ription;
Age£ . 51-55 Ethnicity'
Caucasian Gender Female Weight: 131-160
Height: 5'4-5*8 Hair Brown - Eyes Relationship:
other
Sworn to before me on
Russell Hill Notary Public
AIDITMA. 8YAf@CIN
Notary Pu State of New'fbrR
Chemung No. 04ST621M$5 g(
cornmleson Octoner 13, 20
1 of 1
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX NYSCEF:
NO. 06/20/2023
2023-00062941
FILED : TIOGA COUNTY CLERK 4 :
YSCEF DOC . NO. 11 RECEIVE D NYSCEF: Ub724 / 2 U2 3
S MEPIE Cout r
OF THE5TATEOFNEWYORK COUNTYOFTFOGA
i
Plaintiff / Petitioner: AFFIDAVIT OF SERVICE
M&T BANK index No:
Defendant / Respondent 2023-00062941
DUSTIN L CODY, JATONA M. CODY, SECRETARYOF HOUSING
AND URBAN DEVELOPMENT. TERRY FORD, ROGER FORD,
MIDLAND CREDIT MANAGEMENTJNC., NEW YORK 5TATE
DEPARTMENT OF MOTOR VEMICLESJOHN DOE,
The undersigned being duly sworn, deposes and says; deponent.is not a party heretn, is over 18 years of age and resides at 211 College Ave
A, Elmira,:NY 14903 That on Sar.May 132023 AT 02:38 PM AT 1375 Ridge Road , Rome, Pennsylvania18851deponent served the within
SOmmons, Complaint; EFile Notice, and Certificate or Merit on RoogerFord
Individuei"
by delivering a true copy of each to said defendant personally; deponent knew the person so served to be the person
described.as said defendant therein.
O Corporation: a defendant, therein named, by delivering a true copy of each to .
personally, deponent knew said corporation so served to be the corporation described,and knew said individual to. be
thereof.
Suitable Person: by delivering thereat, a true copy of each to a person of suitable age and di\retion.
Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a
person of suitable age or discretion thereat, havBng called thereon; at
Mailing' Deponent elso endosed a copy of samedn a postpaid sealed wrapper properly addnrssed to said defendant at defendant
last known residerice, , and depositing said wrapper in a post office,.official depository under the exdgsive care
and custody of the United States Post Office, department, with New York State. Malled on
Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the 5tate of
New York in any capacity whatever and received a negative reply. Defendant wore ordinmy civilian dothes ond no military uniform. The
source of my information and the ground of my belief are the conversations and observations above narrated.Upon information and
heltef 1.aver that the defendant is not in the military service of New York State or of the United States as that term is defined in either
the State or in the.Federal statutes.
Description
Age: S1-65 Ethrddty- Caucasian Gender: . Male Weight Over 200tbs
Height: . $'9-6*O Hairi Gray . Eyes .Relationshipt
Other
Sworn to before me on ')
A
Russell Hill Notary Public
JUDITH A. STANTON
NeMM
Matary Pùblic, Stateof04S782t245
Chmaupg Ocunty No.
Commission Expiree October18, 20
1 of 1
FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941
NYSCEF DOC. NO. 20 RECEIVED
INDEX NYSCEF:
NO. 06/20/2023
2023-00062941
FILED : TIOGA COUNTY CLERK 5 2 1 : 6
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05 / 16 / 2 O2 3
AF FIDAVIT OF SERVICE BY THE SECRETARY OF STATE
Index # 2023-00062941 Purchased/Filed: May 5, 2023
State of New York, Supreme Court County of Tioga
M&T BANK,
Plaintiff
against
DUSTIN L. CODY, et al,
Defendant
STATE OF NEW YORK, COUNTY OF SARATOGA, SS.:
Sarah Roberts , being duly sworn, deposes and says: deponent is over the age of twenty-one (21)
years; deponent is not a party herein; that on May 11, 2023 , at 12:45 PM , at the office
of the Secretary of State of the State of New York, at 99 Washington Avenue, Albany, New York 12210,
deponent served the annexed:
. - . Summons, Cornplaint, Certificate of Merit, and E-rile Notice
, on
MIDLAND CREDIT INC. - - 80 State
MANAGEMENT, GIO_Co_ rporation Service Company St., Albany, NY
12207 _ _ . .. ............
Defendant in this action, by delivering to and leaving with Sue Zooky
AUTHORIZED AGENT in the Office of the. Secretary of State of the State of New York, personally at the Office of
the Secretary of State of the State of New York, two (2) true copies thereof and that at the time of making such
service, deponent paid said Secretary of State a fee of 40.00 dollars; that said service was made pursuant
to Section 306 Business Corporation Law O
The Index No. and the date the action was filed were clearly marked and visible to the defendant.
Deponent further says that deponent knew the person so served as aforesaid to be the agent in the Office of the
Secretary of State of the State of New York,
Preview
INDEX INDEX NO. 2023-00062941 NO. 2023-00062941 FILED: ETLED : TIOGA TIOGA COUNTY COUNTY CLERK CLERK 06/20/2023 5 5 01:43 : 5 PM NYSCEF DOC. NYSCEF DOC. NO. 1 NO. 20 RECEIVED RECEIVED NYSCEF: 05/05/2023 NYSCEF: 06/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA M&T BANK, SUMMONS FORECLOSURE ACTION Plaintiff, Index No.: v. Property Address: DUSTIN L. CODY, JATONAM. CODY, SECRETARY 11 Kelsey Road OF HOUSING AND URBAN DEVELOPMENT, TERRY Candor, NY 13743 FORD, ROGER FORD, MDLAND CREDIT MANAGEMENT, INC., NEW YORK STATE SBL No.: 72.11-1-1 DEPARTMENT OF MOTOR VEHICLES, JOHN DOE, Defendant. TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above action and 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. Tioga County is designated as the place of trial. The basis of venue is the location of the mortgaged premises. 105144-4 1 of 9 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: IN DEX NO. 2 0 2 3-006/20/2023 0062 941 FILED : TIOGA COUNTY CLERK 5 : NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 05/31/2023 3uncMr caustr OF THE sTATEOF NEWYORK COUNTY OF TIOGA Plaintiff / Petitioner: AFFIDAVIT OF SERVICE M&T BANK, index No: Defendant / Respondent- 2023-00062941 DUSTIN L CODY, JATONA M. CODY, 5ECRETARY OF HOUSING AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD, MIDLAND CREDIT MANAGEMENT. INC., NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES, JOHN DOE, The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave A, Elmira, NY 14903 . That on Sat, May 20 2023 AT 01:59 PM AT 11 Kelsey Rd, Candor, NY 13743 A/K/A 11 S Kelsey Rd, Candor, NY 13743 deponent served the within Summons, Complaint, E-File Notice, Certificate of Meritr and 1303 Notice-Help for Homeowners in Foredosure in bold fourteen-point type and printed on colored paper, that is other than the color of the summons and complaint, and the title of the notice printed in bold twenty-point type in compliance with RPAPL Sect 1303 on Dustin L. Cody Confirmed They Reside Here,With A Neighbor. Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person described as said defendant therein. corporation: _ a defendant, therein named, by delivering a true copy of each to personally, deponent knew said corporation so served to be the corporation described, and knew said Individual to be thereof. Suitable Person: by delivering thereat, a true co py of each to a person of suitable age and discretion. Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a person of suitable age or discretion thereat, having called thereon; at 1)05/18/2023 @ 09:14 AM 2)05/19/2023 @ 07:07 PM 3) 05/20/2023 @ 01:59 PM Mailing: Deponent also enclosed a copy of same, in a postpaid sealed wrapper properly addressed to said defendant at defendant's last known residence, 11 Kelse1Rd Candor NY_13743, A/K/A 11 S Kelsey Rd, Candor, NY 13743 and depositing said wrapper in a post office, official depository under the exclusive care and custody of the United States Post Office, department, with New York State. Mailed on MbY Mlh Military Service: I ask the person spoken to whether defendant was in active military service of the United States or of the State of New York in any capacity whatever and received a negative reply. Defendant wore ordinary cMilan dothes and no military umform. The source of my information and the ground 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 State or of the United States as that term is defined in either the State or in the Federal statutes. Description: Age: Ethnicity: Gender: Weight: Height: Hair Eyes: Relationship: Other . Sworn to before me on " Russell Hill Notary Public JUDITH A, STANTON of New YDdt Notary Public, State No. 04ST6212485 Chemung County October 13. -.-- I commission Expires 1 of 1 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX 2 O2 3- 06/20/2023 NYSCEF: NO. 0 0 0 62 9 4 1 FILED : TIOGA COUNTY CLERK 05/31/2023 02: 08 PM| NY SCE F DOC , NO. 13 RECE IVED NY SCE F : O5 / 31 / 2 0 2 3 OF THE STATEOF NEWYORK COUNTYOF TIOGA Plaintiff / Petitioner AFFIDAVir OF SERVICE M&T BANK, index No: Defendant / Respondent· 2023.00062941 DUSTI N L CODY, JATONA M. CODY, SECRETARYOF HOUSING AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD, MIDLAND CREDIT MANAGEMENT, INC., NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES,jOHN DOE, The undersigned being duly sworn, deposes and says; deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave A, Elmira, NY 14903 . That on Sat, May 20 2023 AT 01:59 PM AT 11 Kelsey Rd, candor, NY 13743 A/K/A11 5 Kelsey Rd, Candor, NY 13743 deponent served the within Summons, Complaint, E-File Notice, certiñcate of Merit, and 1303 Notice-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, that is other than the color of the summons and complaint, and the title of the notice printed in bold twentY-point type in compliance with RPAPL Sect 1303 on fatona M. Cody Confirmed They Reside Here,With A Neighbor. Individual: by delivering a true copy of each to said defendant, personally; deponent knew the person so served to be the person described as said defendant therein. Corporation: . a defendant, therein named, by delivering a true copy of each to personaffy, de ponent knew said corporation so served to be the cor poration described, and knew said individual to be thereof. 5uitable Person: by delivering thereat, a true copy of each to a person of suitable age and discretion. Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a person of suita ble age or discretion thereat, having called thereon; at 1) 05/18/2023 @ 09:14 AM 2)05/19/2023 @ 07:07 PM 3)05/20/2023 @ 01:59 PM Mailing: Deponent also endosed a copy of same, in a postpaid sealed wra p per properly addressed to said defendant at defendant's last known residence, 11 Kelsey Rd, Candor, NY 13743, A/K/A 11 5 Kelsey Rd, Candor, NY 13743 and depositing said wrapper in a post office, offid de pository under the exclusive care and Sstody of the United 5tates Post Office, department, with New York State. Mailed on 60 22 l 3 Military Service: I asked tMe person spoken to whether defendant was in active military service of the United States or of the state of NewYork in any capadty whatever and received a negative rep\y. Defendant wore ordinary civilian dothes and no militaryun form. The source of my information and the ground 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 State or of the United States as that term is defined In either the 5tate or in the Federal statutes. Description: Age: Ethnicity Gender: Weight: Height: Hair Eyes· Relationship: Other Swom to before me on Russell Hill Notary Public JUDiTH A. STANTON Notary Public, State of New k Chamunr; County No. 04ST62t2435 Commission Expim Octo ber 18, 20.._ 1 of 1 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX NYSCEF: NO. 06/20/2023 2 02 3-000 62 94 1 |FILED : TIOGA COUNTY CLERK 05/16/2023 12:26 PM| NYSCE F DOC . NO. 6 RECEIVED NY SCEF : 05 /1 6 /2 023 Peter Jay Associates, tric. P.O. Box 11172 Franklin Square Station Syracuse, New York 13218 (315) 453-3011 A Nationwide Process Serving Agency established in 1964 Michael L. Brickman, President fiktate of Near §ark of GIanutg f§uprente Gh "met1aurt DATEOF clLWG PLAINTIFF/PERTIONER VS DOCUMENTSWEREENDORSEDWFM THE INDEX NO.AND DATEOF FILING DEFENDANT/RESPONDENT STATE OF NEW YORK ) SS: COUNTY OR/4 . . duly sworn, deposes and s s, that ved na (perein as defe pondent. at f 'l^ C. Advanced $ _,_. . in witness fees. TIME ICE By personally delivering to and teaving with said ,, ... . a true copy thereof and that he knew the person so served to be the person mentioned and described in said . ... . . . . PERSOE By ri aving with at 2, . N X, and that he knew the person so served be the CORP. ° ® 9°'" °"· DN Service mes made in the foeaw¾g manner añer your deporrent mes unable wMk due aligence to sane the defendent in person: gsp, By delivering a true copy thereof to and leaving with, a person of suitable age and discretion at ________... . _ . . .. N.v: the said premises being the defendants; p respondents (dwelling place) (usual place of abode) (place of business) within the State of New York. 4. By affixing a true copy thereof to the door of said premises, the same being the defendants (dwelling place) (usual place of abode) (place of business) within the State of NewYork. Deponent completed service under the last two sections by depositing a copy of the . .. . ... .._______.__ 5. in a postpaid. properly addressed envelope in an official depaeltory under the exclusive care and custody of the United States Post Office in g4g the State of New York, on _. - s . 20 _., .______ Deponent had previously attempted to serve the above named defendant/respondent on dates following 6. and times on. __._.... A.M. RM. PREV. Date Time ATTEMPTS .and times on: .. A.M. RM. Date Time and times on: A.M. RM. Date Time A DESCRIPTION OF DEFENDANT OR OTHER PERSQN SERVED ON BEHALF OF THE DEFENDANT IS AS. Br Approximate age .. Approximate weight . ! 1 __ Approximate height Sex Color of Skin . . if Color of hair __ Other DESCRIPTION: Deponent asked the person spoken to whether the defendant was presently in the military service of the United States Govemment or or acDve duty in the military service in the State of New York and was informed he was not Your deponent further says that he knew the (USE WITH person so served to be the person mentioned and described In said legal papers as defendan d th I, ur deponentis over the I, 2 or 3) age of t8 years and is not a party to this action. Swom to before me this O ") Signature of Process Server NOTARY PUBlJC, COUNijVaGiry Public, State of New NOTARY PUBUC REGIST-BATighg 01 MY TERM EXPIRES Qualified in 1 of 1 Member National Association of Professional Process Servers FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX NYSCEF: NO. 06/20/2023 2023-00062941 FILED : TIOGA COUNTY CLERK 5 0 : 6 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/16/2023 Supreme Court County of Tioga Index #2023-00062941 State of New York Filed: 5/5/23 M&T Bank AFFIDAVIT OF Vs. MAILING Dustin L Cody, et. al. STATE OF NEW YORK, COUNTY OF MONROE SS: Dylan J. Frankel, being duly sworn, deposes and says: That I am not a party to this action, am over eighteen (18) years, and reside in Rochester, New York. That I mailed a copy of the Summons, Complaint, E-File Notice, and Certificate of Merit bearing Index #202300062941 and filing date of 5/5/23 to: Secretary of Housing and Urban Development 75 451 Street. S.W. Washington D.C. 20410 That I deposited the same by certified mail (7022 1670 0001 0433 0295) with the United States Post Office on 5/1 1/23. I believe the above statements are true and correct to the best of my knowledge. Sworn to before me on, _ __202 Dylan . Frankel LORNAM.DAVI NOTARYPUSUC, STATEOF NEWYORK Registration No. 01DA6933422 Qualified in Monroe County Caranission Expires November 15, 20 9f 1 of 1 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX NYSCEF: NO. 2 023-0 06/20/2023 00 62 9 4 1 IFILED : COUNTY CLERK 05/ 24/2023 02:18 PM| NY S CE FO . NS YORK RE CE IVE D ]g§)ƽy 24/ 202 3 y Plaintiff / Petitioner: AFFIDAVIT OF SERVICE M&T BANK, inggy 3n, Defendant / Repondent: 2023-00062941 DUSTIN L CODY.JATONA M. CODY, SECRETARYOF FlOUSING AND URBAN DEVELOPMENT, TERRY FORD, ROGER FORD MIDLAND CREDIT MANAGEMENT. fNC., NEW YORK STATE DEPARTMENTOF MOTOR VEMICLESi]OHN DOE, The undersigned being duysweira, deposesand says;deponent is not a party herein, is over 18 years of age and resides at 2117 College Ave A Elmira 14903 . Thaton Set, May 13-2023 AT 02:31 PM AT1375 Ridge Road , Rome , Pennsylvania 18837 deponent served the within Summons,Complaint, E-File Notice, and Certificate or Merit on Terry Ford .X individual: by delivering a true copy of each to said defendant, personally: deponent knew the person so served to be the person described as said defendant therein. Corporation a defendant, therein named, by delivering a true copy of eachto personally, deponent knew sakf corporation so served to be the corporation described,and knew said IndMdual to be thereof Suitable Person: by delivering thereet, a true copy of each to a person of suitable age and discretion. Affixing to Door: by affixing a true copy of each to the.door thereof, deponent was unable with due diligence to find defendant, ora person of suita ble age or discretion thereat, having called thereon:at · Mailing" Deponent also endosed a copy of same, In a postpaid sealed wrapper properly addressed to said defendant at defendant's last known residence, , and depositing said wrapper in a post office, official depository under the exclusive care and custody of theUnited States Post Office, department, with New York State. Mailed on . Military Service:Iasked the person spoken to whether defendant was in active military service of the United States or of the State of New York inany capacity whateverand received a negative reply. DefendorstmooreoMinarycivilianclothes andnomilitaryuniform. The source of my Information and the ground 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 5tate or of the United States as that term Is defined in either the State or in the Federal statutes. De\ription; Age£ . 51-55 Ethnicity' Caucasian Gender Female Weight: 131-160 Height: 5'4-5*8 Hair Brown - Eyes Relationship: other Sworn to before me on Russell Hill Notary Public AIDITMA. 8YAf@CIN Notary Pu State of New'fbrR Chemung No. 04ST621M$5 g( cornmleson Octoner 13, 20 1 of 1 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX NYSCEF: NO. 06/20/2023 2023-00062941 FILED : TIOGA COUNTY CLERK 4 : YSCEF DOC . NO. 11 RECEIVE D NYSCEF: Ub724 / 2 U2 3 S MEPIE Cout r OF THE5TATEOFNEWYORK COUNTYOFTFOGA i Plaintiff / Petitioner: AFFIDAVIT OF SERVICE M&T BANK index No: Defendant / Respondent 2023-00062941 DUSTIN L CODY, JATONA M. CODY, SECRETARYOF HOUSING AND URBAN DEVELOPMENT. TERRY FORD, ROGER FORD, MIDLAND CREDIT MANAGEMENTJNC., NEW YORK 5TATE DEPARTMENT OF MOTOR VEMICLESJOHN DOE, The undersigned being duly sworn, deposes and says; deponent.is not a party heretn, is over 18 years of age and resides at 211 College Ave A, Elmira,:NY 14903 That on Sar.May 132023 AT 02:38 PM AT 1375 Ridge Road , Rome, Pennsylvania18851deponent served the within SOmmons, Complaint; EFile Notice, and Certificate or Merit on RoogerFord Individuei" by delivering a true copy of each to said defendant personally; deponent knew the person so served to be the person described.as said defendant therein. O Corporation: a defendant, therein named, by delivering a true copy of each to . personally, deponent knew said corporation so served to be the corporation described,and knew said individual to. be thereof. Suitable Person: by delivering thereat, a true copy of each to a person of suitable age and di\retion. Affixing to Door: by affixing a true copy of each to the door thereof, deponent was unable with due diligence to find defendant, or a person of suitable age or discretion thereat, havBng called thereon; at Mailing' Deponent elso endosed a copy of samedn a postpaid sealed wrapper properly addnrssed to said defendant at defendant last known residerice, , and depositing said wrapper in a post office,.official depository under the exdgsive care and custody of the United States Post Office, department, with New York State. Malled on Military Service: I asked the person spoken to whether defendant was in active military service of the United States or of the 5tate of New York in any capacity whatever and received a negative reply. Defendant wore ordinmy civilian dothes ond no military uniform. The source of my information and the ground of my belief are the conversations and observations above narrated.Upon information and heltef 1.aver that the defendant is not in the military service of New York State or of the United States as that term is defined in either the State or in the.Federal statutes. Description Age: S1-65 Ethrddty- Caucasian Gender: . Male Weight Over 200tbs Height: . $'9-6*O Hairi Gray . Eyes .Relationshipt Other Sworn to before me on ') A Russell Hill Notary Public JUDITH A. STANTON NeMM Matary Pùblic, Stateof04S782t245 Chmaupg Ocunty No. Commission Expiree October18, 20 1 of 1 FILED: TIOGA COUNTY CLERK 06/20/2023 01:43 PM INDEX NO. 2023-00062941 NYSCEF DOC. NO. 20 RECEIVED INDEX NYSCEF: NO. 06/20/2023 2023-00062941 FILED : TIOGA COUNTY CLERK 5 2 1 : 6 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05 / 16 / 2 O2 3 AF FIDAVIT OF SERVICE BY THE SECRETARY OF STATE Index # 2023-00062941 Purchased/Filed: May 5, 2023 State of New York, Supreme Court County of Tioga M&T BANK, Plaintiff against DUSTIN L. CODY, et al, Defendant STATE OF NEW YORK, COUNTY OF SARATOGA, SS.: Sarah Roberts , being duly sworn, deposes and says: deponent is over the age of twenty-one (21) years; deponent is not a party herein; that on May 11, 2023 , at 12:45 PM , at the office of the Secretary of State of the State of New York, at 99 Washington Avenue, Albany, New York 12210, deponent served the annexed: . - . Summons, Cornplaint, Certificate of Merit, and E-rile Notice , on MIDLAND CREDIT INC. - - 80 State MANAGEMENT, GIO_Co_ rporation Service Company St., Albany, NY 12207 _ _ . .. ............ Defendant in this action, by delivering to and leaving with Sue Zooky AUTHORIZED AGENT in the Office of the. Secretary of State of the State of New York, personally at the Office of the Secretary of State of the State of New York, two (2) true copies thereof and that at the time of making such service, deponent paid said Secretary of State a fee of 40.00 dollars; that said service was made pursuant to Section 306 Business Corporation Law O The Index No. and the date the action was filed were clearly marked and visible to the defendant. Deponent further says that deponent knew the person so served as aforesaid to be the agent in the Office of the Secretary of State of the State of New York,