Preview
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
------------------------------------------------------------------------------------x Index No.: E2020-0349CV
U.S. Bank National Association, not in its individual capacity but
solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes,
Series 2018-R5
Plaintiff,
GUARDIAN'S
CONSENT
-against-
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to
the Estate of Michelle M Fitzsimmons a/k/a Michelle
Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a
Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa
Heichel, as Heir to the Estate of Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller, Peter
Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle
Marie Fitzsimmons a/k/a Michelle Marie Miller and
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's
unknown heirs-at-law, next-of-kin, distributees, executors,
administrators, trustees, devisees, legatees, assignees,
lienors, creditors, and successors in interest and generally
all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, title or interest in the real
property described in the complaint herein, East Resources,
Inc., LVNV Funding LLC, Citibank South Dakota, NA,
Donald Smith, DMD, PC, Discover Bank, Ira Davenport
Memorial Hospital, Inc., New York State Department of
Taxation and Finance, United States of America, Capital
One Bank (USA), N.A., Corning Hospital,
Defendants.
------------------------------------------------------------------------------------x
The undersigned, Peter Degnan, Esq. hereby consents to the appointment by the Supreme
Court of Steuben County, as the Guardian Ad Litem in this action for the sole purpose of
appearing for and protecting the interests of Michelle M Fitzsimmons a/k/a Michelle
1 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
Fitzsimmons a/k/a Michelle Marie Fitnimmons a/k/a Michelle Marie Miller's unknown
heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees,
assignees, lienors, creditors, and successors in interest and generally all persons having or
claiming under, by or through said defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, title or interest in the real property described in the complaint herein
or the interests of any defendant(s) who may be an, infant, incompetent, their wives, husbands,
heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors, creditors,
successors in interest and generally all persons having or claiming under, by or through said
defendants, by purchase, inheritance, lien or otherwise of any right, title or interest in and to the
premises described in the Complaint herein and the respective husbands, wives, widows of them,
if any, all of whose names are unknown to plaintiff and for the purpose of appearing as Special
Attorney under the Military Law for any defendant in the military service in the above entitled
matter.
Dated:
an, Esq.
ardian Ad Litem
2 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
-----------------------------------------------------------------------x Index No.: E2020-0349CV
U.S. Bank National Association, not in its individual capacity but
solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes,
Series 2018-R5
Plaintiff,
QUALIFYING
AFFIRMATION
-against-
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to
the Estate of Michelle M Fitzsimmons a/k/a Michelle
Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a
Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa
Heichel, as Heir to the Estate of Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller, Peter
Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle
Marie Fitzsimmons a/k/a Michelle Marie Miller and
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's
unknown heirs-at-law, next-of-kin, distributees, executors,
administrators, trustees, devisees, legatees, assignees,
lienors, creditors, and successors in interest and generally
all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, titleorinterest in the real
property described in the complaint herein, East Resources,
Inc., LVNV Funding LLC, Citibank South Dakota, NA,
Donald Smith, DMD, PC, Discover Bank, Ira Davenport
Memorial Hospital, Inc., New York State Department of
Taxation and Finance, United States of America, Capital
One Bank (USA), N.A., Corning Hospital,
Defendants.
------------ ---------------------------------------------x
The undersigned, Peter Degnan, Esq. designated as Guardian Ad Litem in an Order of
Appointment entered in the above entitled action, affirms that the following statcmcnts are true
under penalty of perjury.
3 of 9
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NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
1. I am an attorney duly admitted to practice in the Courts of this State and I am fully
competent to understand and protect the rights of all parties who are under a disability, infants,
incompetcnts, unknown heirs, and persons in the military service of the United States if any, their
wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees,
lienors, creditors, successors in interest and generally all persons having or claiming under, by or
through said defendants by purchase, inheritance, lien or otherwise of any right, title or interest in
and to the premises described in the Complaint herein and the respective husbands, wives,
widows, widowers of them, if any, all of whose names are unknown to the plaintiff.
2. I have no adverse interest to those of the defendants.
3. I am not connected in business with the attomey for any of the parties to this
action.
4. I am of sufficient ability to answer to the defendants for any damage which may
be sustained by my negligence or misconduct in the defense of this action and I am worth the
sum of over $1,000.00 over and above all personal debts or liabilities owed or incurred by me
exclusive of my property exempt from execution.
Dated:
4 ¶
egnan, Esq.
u dian Ad Litem
4 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
------------------------------------------------------- ---------------x Index No.: E2020-0349CV
U.S. Bank National Association, not in its individual capacity but
solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes,
Series 2018-R5
Plaintiff,
NOTICE OF
APPEARANCE
AND WAIVER OF
GUARDIAN
-against-
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to
the Estate of Michelle M Fitzsimmons a/k/a Michelle
Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a
Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa
Heichel, as Heir to the Estate of Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller, Peter
Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle
Marie Fitzsimmons a/k/a Michelle Marie Miller and
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's
unknown heirs-at-law, next-of-kin, distributees, executors,
administrators, trustees, devisees, legatees, assignees,
lienors, creditors, and successors in interest and generally
all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, title or interest in the real
property described in the complaint herein, East Resources,
Inc., LVNV Funding LLC, Citibank South Dakota, NA,
Donald Smith, DMD, PC, Discover Bank, Ira Davenport
Memorial Hospital, Inc., New York State Department of
Taxation and Finance, United States of America, Capital
One Bank (USA), N.A., Corning Hospital,
Defendants.
---------------------------- ----------------- x
The undersigned, Peter Degnan, Esq., duly appointed as Guardian Ad Litem for the
defendant(s), Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
5 of 9
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NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees,
executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and
successors in interest and generally all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or
interest in the real property described in the complaint herein who may be under a disability, or
persons who may be infants, incompetents, unknown heirs, and/or persons in the Military Service
of the United States, if living or dead, their wives, husbands, heirs-at-law, next of kin,
distributces, executors, administrators, assignees, lienors, creditors, successors in interest and
generally all persons having or claiming under, by or through said defendants, by purchase,
inheritance, lien or otherwise of any right, title or interest in and to the premises described in the
complaint herein and the respective husbands, wives, widows or widowers of them, if any,
served herein with the Supplemental Summons and Amended Complaint do hereby appear by the
undersigned, the Guardian Ad Litem appointed by an Order of this Court duly entered in the
above entitled action, and alleges that he is a stranger to all the matters and things set forth in the
Complaint in this action and claims such right, estate and interest in the real property and the
premises described in the Complaint as they are entitled to and submits this notice of appearance
for their protection, and hereby waives notice and service of all papers and proceedings in this
action except the following:
a) Notice of Sale; and
b) Notice of proceedings to obtain surplus monies
c) Notice of discontinuance of this action
Dated: ¶b/
gnan, Esq.
Gua an Ad Litem
6 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF STEUBEN
-----------------------------------------------------------------------x Index No.: E2020-0349CV
U.S. Bank National Association, not in its individual capacity but
solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes,
Series 2018-R5
Plaintiff,
REPORT OF GUARDIAN
AD LITEM
-against-
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to
the Estate of Michelle M Fitzsimmons a/k/a Michelle
Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a
Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa
Heichel, as Heir to the Estate of Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie
Fitzsimmons a/k/a Michelle Marie Miller, Peter
Fitzsimmons, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle
Marie Fitzsimmons a/k/a Michelle Marie Miller and
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a
Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's
unknown heirs-at-law, next-of-kin, distributees, executors,
administrators, trustees, devisees, legatees, assignees,
lienors, creditors, and successors in interest and generally
all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, title or interest in the real
property described in the complaint herein, East Resources,
Inc., LVNV Funding LLC, Citibank South Dakota, NA,
Donald Smith, DMD, PC, Discover Bank, Ira Davenport
Memorial Hospital, Inc., New York State Department of
Taxation and Finance, United States of America, Capital
One Bank (USA), N.A., Corning Hospital,
Defendants.
---------------------------- ----------------- ------x
The undersigned, Peter Degnan, Esq. designated as Guardian Ad Litem in an Order of
Appointment entered in the above entitled action, affirms that the following statements are true
7 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
under penalty of perjury:
1. I am an attorney at law in the State of New York with an office at 35 Glen Street,
Suite A, Alfred, NY 14802.
2. Pursuant to an order of publication dated March 18, 2021, I was appointed
Guardian ad Litem and Military Attorney on behalf of those defendants under a disability,
infants, incompetents, unknown heirs, and persons in the Military Service of the United States
and to protect and defend the interests of said defendants in this action.
3. Pursuant to the order of publication, the supplemental summons was published in
the newspapers, designated by this Court, for four consecutive weeks.
4. That I have received the supplemental summons, amended complaint and due
diligence affidavits of plaintiffs process server, filed in this action and based upon the
information available to me, affirmant is satisfied that the defendant, Michelle M Fitzsimmons
a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's
unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees,
legatees, assignees, lienors, creditors, and successors in interest and generally all persons having
or claiming under, by or through said defendant who may be deceased, by purchase, inheritance,
lien or otherwise, any right, title or interest in the real property described in the complaint herein,
is not in the military service and is either evading service of process or does not reside at the
subject premises.
WHEREFORE, affirmant consents to the entry of a Judgment of Foreclosure and Sale in
this action.
Dated:
t an, Esq.
Guar an Ad Litem
8 of 9
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV
NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021
Index# E2Ò20-0349CV
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY bF STÈUBEN
----=---==_-__---------------=-_===__==========---¬==============
U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM
Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5,
Plaintiff,
- against -
Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle
Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M
Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle
Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a
Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and
Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a
Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors,
administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest
and generally all persons having or claiming under, by or through said defendant who may be
deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real
property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank
South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital,
Inc., New York State Department of Taxation and Finance, United States of America, Capital
One Bank (USA), N.A., Corning Hospital,
Defendants.
GUARDIAN!S CONSENT, QUALIFYING AFFIRMATION, REPORT AND NOTICE OF
APPEARANCE AND WAIVER
_______==========================--=====================--------===
Frenkel, Lambert, Weiss, Weisman & Gordon, LLP
Attorneys for Plaintiff
53 Gibson Street
Bay Shore, New York 11760
(631) 969-3100
Our File No.: 01-093322-F00
To
Attorney(s) for
============---- ====_====___________==================---------==
Service of a copy of the within
is hereby admitted.
Dated,
Attomey(s) for
9 of 9
Preview
FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN ------------------------------------------------------------------------------------x Index No.: E2020-0349CV U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Plaintiff, GUARDIAN'S CONSENT -against- Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendants. ------------------------------------------------------------------------------------x The undersigned, Peter Degnan, Esq. hereby consents to the appointment by the Supreme Court of Steuben County, as the Guardian Ad Litem in this action for the sole purpose of appearing for and protecting the interests of Michelle M Fitzsimmons a/k/a Michelle 1 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 Fitzsimmons a/k/a Michelle Marie Fitnimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein or the interests of any defendant(s) who may be an, infant, incompetent, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors, creditors, successors in interest and generally all persons having or claiming under, by or through said defendants, by purchase, inheritance, lien or otherwise of any right, title or interest in and to the premises described in the Complaint herein and the respective husbands, wives, widows of them, if any, all of whose names are unknown to plaintiff and for the purpose of appearing as Special Attorney under the Military Law for any defendant in the military service in the above entitled matter. Dated: an, Esq. ardian Ad Litem 2 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN -----------------------------------------------------------------------x Index No.: E2020-0349CV U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Plaintiff, QUALIFYING AFFIRMATION -against- Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, titleorinterest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendants. ------------ ---------------------------------------------x The undersigned, Peter Degnan, Esq. designated as Guardian Ad Litem in an Order of Appointment entered in the above entitled action, affirms that the following statcmcnts are true under penalty of perjury. 3 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 1. I am an attorney duly admitted to practice in the Courts of this State and I am fully competent to understand and protect the rights of all parties who are under a disability, infants, incompetcnts, unknown heirs, and persons in the military service of the United States if any, their wives, husbands, heirs-at-law, next of kin, distributees, executors, administrators, assignees, lienors, creditors, successors in interest and generally all persons having or claiming under, by or through said defendants by purchase, inheritance, lien or otherwise of any right, title or interest in and to the premises described in the Complaint herein and the respective husbands, wives, widows, widowers of them, if any, all of whose names are unknown to the plaintiff. 2. I have no adverse interest to those of the defendants. 3. I am not connected in business with the attomey for any of the parties to this action. 4. I am of sufficient ability to answer to the defendants for any damage which may be sustained by my negligence or misconduct in the defense of this action and I am worth the sum of over $1,000.00 over and above all personal debts or liabilities owed or incurred by me exclusive of my property exempt from execution. Dated: 4 ¶ egnan, Esq. u dian Ad Litem 4 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN ------------------------------------------------------- ---------------x Index No.: E2020-0349CV U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Plaintiff, NOTICE OF APPEARANCE AND WAIVER OF GUARDIAN -against- Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendants. ---------------------------- ----------------- x The undersigned, Peter Degnan, Esq., duly appointed as Guardian Ad Litem for the defendant(s), Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie 5 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein who may be under a disability, or persons who may be infants, incompetents, unknown heirs, and/or persons in the Military Service of the United States, if living or dead, their wives, husbands, heirs-at-law, next of kin, distributces, executors, administrators, assignees, lienors, creditors, successors in interest and generally all persons having or claiming under, by or through said defendants, by purchase, inheritance, lien or otherwise of any right, title or interest in and to the premises described in the complaint herein and the respective husbands, wives, widows or widowers of them, if any, served herein with the Supplemental Summons and Amended Complaint do hereby appear by the undersigned, the Guardian Ad Litem appointed by an Order of this Court duly entered in the above entitled action, and alleges that he is a stranger to all the matters and things set forth in the Complaint in this action and claims such right, estate and interest in the real property and the premises described in the Complaint as they are entitled to and submits this notice of appearance for their protection, and hereby waives notice and service of all papers and proceedings in this action except the following: a) Notice of Sale; and b) Notice of proceedings to obtain surplus monies c) Notice of discontinuance of this action Dated: ¶b/ gnan, Esq. Gua an Ad Litem 6 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STEUBEN -----------------------------------------------------------------------x Index No.: E2020-0349CV U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5 Plaintiff, REPORT OF GUARDIAN AD LITEM -against- Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendants. ---------------------------- ----------------- ------x The undersigned, Peter Degnan, Esq. designated as Guardian Ad Litem in an Order of Appointment entered in the above entitled action, affirms that the following statements are true 7 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 under penalty of perjury: 1. I am an attorney at law in the State of New York with an office at 35 Glen Street, Suite A, Alfred, NY 14802. 2. Pursuant to an order of publication dated March 18, 2021, I was appointed Guardian ad Litem and Military Attorney on behalf of those defendants under a disability, infants, incompetents, unknown heirs, and persons in the Military Service of the United States and to protect and defend the interests of said defendants in this action. 3. Pursuant to the order of publication, the supplemental summons was published in the newspapers, designated by this Court, for four consecutive weeks. 4. That I have received the supplemental summons, amended complaint and due diligence affidavits of plaintiffs process server, filed in this action and based upon the information available to me, affirmant is satisfied that the defendant, Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, is not in the military service and is either evading service of process or does not reside at the subject premises. WHEREFORE, affirmant consents to the entry of a Judgment of Foreclosure and Sale in this action. Dated: t an, Esq. Guar an Ad Litem 8 of 9 FILED: STEUBEN COUNTY CLERK 04/16/2021 08:23 AM INDEX NO. E2020-0349CV NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 04/16/2021 Index# E2Ò20-0349CV SUPREME COURT OF THE STATE OF NEW YORK COUNTY bF STÈUBEN ----=---==_-__---------------=-_===__==========---¬============== U.S. Bank National Association, not in its individual capacity but solely as Trustee for the CIM Trust 2018-R5 Mortgage-Backed Notes, Series 2018-R5, Plaintiff, - against - Leeanne Fitzsimmons a/k/a Leanne H Merchant, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Lisa Fitzsimmons a/k/a Lisa Heichel, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller, Peter Fitzsimmons, as Heir to the Estate of Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller and Michelle M Fitzsimmons a/k/a Michelle Fitzsimmons a/k/a Michelle Marie Fitzsimmons a/k/a Michelle Marie Miller's unknown heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors, and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in the real property described in the complaint herein, East Resources, Inc., LVNV Funding LLC, Citibank South Dakota, NA, Donald Smith, DMD, PC, Discover Bank, Ira Davenport Memorial Hospital, Inc., New York State Department of Taxation and Finance, United States of America, Capital One Bank (USA), N.A., Corning Hospital, Defendants. GUARDIAN!S CONSENT, QUALIFYING AFFIRMATION, REPORT AND NOTICE OF APPEARANCE AND WAIVER _______==========================--=====================--------=== Frenkel, Lambert, Weiss, Weisman & Gordon, LLP Attorneys for Plaintiff 53 Gibson Street Bay Shore, New York 11760 (631) 969-3100 Our File No.: 01-093322-F00 To Attorney(s) for ============---- ====_====___________==================---------== Service of a copy of the within is hereby admitted. Dated, Attomey(s) for 9 of 9