Preview
FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024
STATE OF NEW YORK
SUPREME COURT COUNTY OF ST. LAWRENCE
AMENDED
NBT BANK, NATIONAL ASSOCIATION, VERIFIED COMPLAINT
Index No.: EFCV-23-165144
Plaintiff,
-against-
THE ESTATE OF AMY JO PERRETTA; RENEE COLE, Mortgaged Premises:
ST. LAWRENCE COUNTY TREASURER, as Administrator 417 Clark Street
of the ESTATE OF AMY J. PERRETTA; JAYLENE M. DAWLEY; Ogdensburg, NY 13669
TIMOTHY DAWLEY; CITY OF OGDENSBURG; and SBL: 48.072-3-13
1" 10"
"JOHN/JANE DOE through "JOHN/JANE DOE
(said last 10 names being fictitious, it being the intention Mortqaqe Servicer:
of plaintiff to designate any and all other tenants, occupants NBT Bank, National
Association
or other persons or entities having or claiming an interest in (800) 628-2265
the real property subject of this action, whose identity is not
presently known to plaintiff),
Defendants.
Plaintiff, complaining of the defendants in the above-entitled action, by and through its
attorneys, Burgess & Associates P.C., as and for a complaint in foreclosure, alleges that:
1. This action (the "Action") is brought to foreclose the lien of a mortgage on the
property located at, and commonly known as, 417 Clark Street, Ogdensburg, New York 13669,
"A"
which is more particularly described on Exhibit hereto, and for relief incidental thereto.
2. The Plaintiff was at all times hereinafter mentioned and still is a
national banking association organized and existing under the laws of the United States having an
office for the transaction of business at 52 South Broad Street, Norwich, New York.
3. Amy Jo Perretta (the "Mortgagor"), upon information and belief, died on or about
October 23, 2019.
4. A Surrogate's Court proceeding was brought in St. Lawrence County. Letters of
Administration were issued to Jaylene M. Dawley, on June 1, 2020. A copy of the Certificate of
Appointment of Administrator is attached hereto as Exhibit "1".
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5. Timothy Dawley, an individual and boyfriend of the deceased, residing at the
Mortgaged Premises is named as a defendant due to his tenancy.
6. The United States of America, the People of the State of New York, the New York
State Department of Taxation and Finance, and all other agencies or instrumentalities of the
federal, state or local government (by whatever name designated if made parties to this action and
if appearing in Schedule "B") are made parties solely by reason of the materials set forth in
"B"
Schedule and for no other reason.
7. Jaylene Dawley relinquished her position of Administrator of the Estate of Amy Jo
Perretta and requested that a public administrator be appointed. Renee Cole, St. Lawrence
County Treasurer, was appointed as Administrator of the Estate of Amy J. Perretta on June 2,
2023, as demonstrated by the Certificate of Appointment, attached hereto and made a part hereof
as Exhibit "2".
8. Jaylene Dawley is listed as a Defendant as a tenant of the Mortgaged Property and
heir of the deceased.
9. Each of the other defendants herein and their respective claims or interests in the
property herein sought to be foreclosed against are set forth and described in Schedule "B", which
liens or claims, if existing at all, are subordinate and inferior to the Plaintiff's rights, liens and /or
security interests under the loan instruments, and said defendants reside or have a place of
business at the addresses set forth therein (any that are corporations, limited liability corporations
or limited partnerships, being organized and existing under the laws of the state set forth therein)
and are made defendants in the Action in capacities therein alleged, or as alleged herein.
10. The Court has jurisdiction by virtue of Judiciary Law section 140-b and NYS
Constitution Art VI, section 7.
11. Venue in St. Lawrence County is proper under CPLR section 507, because the
Mortgaged Premises are located, in whole or in part, in St. Lawrence County.
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12. Amy Jo Perretta, for the purpose of securing and evidencing a promise to pay to
NBT Bank, National Association, or its assignee, a sum of money, duly executed and
acknowledged a NOTE dated September 27, 2006 (the "Note") wherein and whereby she
promised for herself, her heirs and assigns to pay a certain sum of money according to the terms
of repayment of the Note all as more fully appears in the Note, a copy of which is attached hereto
and made a part hereof as Exhibit "3".
13. As security for the payment of the indebtedness evidenced by the Note, a
MORTGAGE dated September 27, 2006 (the "Mortgage") was executed, acknowledged and
delivered to NBT Bank, National Association, wherein and whereby the Amy Jo Perretta bargained
and granted to the mortgagee, its successors and assigns, a lien upon the premises more
particularly described therein (hereinafter called the "Mortgaged Premises") under certain
conditions with rights, duties and privileges between or among them as more fully appears in the
Mortgage, a copy of which is attached hereto and made a part hereof as Exhibit "4".
14. The Mortgage was duly recorded in the office of the St. Lawrence County Clerk on
September 28, 2006 as Document No.: 2006-00017185. The mortgage recording tax was then
and there duly paid.
15. The Note having been modified by a MODIFICATION TO MORTGAGE NOTE
dated June 15, 2018 (the "Note Modification") executed by the Mortgagor to NBT Bank, National
Association wherein and whereby she promised for herself, her heirs and assigns to pay a certain
sum of money according to the terms of repayment of the modified Note, a copy of which is
attached hereto and made a part hereof as Exhibit "5".
16. The Mortgage having been modified by a MORTGAGE EXTENSION AND
MODIFICATION AGREEMENT dated June 15, 2018 (the "Modification") executed by the
Mortgagor to NBT Bank, National Association wherein and whereby she promised for herself, her
heirs and assigns to pay a certain sum of money according to the terms of repayment of the
3
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Modification, a copy of which is attached hereto and made a part hereof as Exhibit "".
17. The Modification was duly recorded in the office of the St. Lawrence County Clerk
on July 3, 2018 as Instrument No.: 2018-00008263. The mortgage recording tax was then and
there duly paid.
18. The Note, Mortgage, Note Modification and Modification shall hereinafter be
collectively referred to as the Loan Documents.
19. The Plaintiff is now the sole, true, and lawful owner of the Loan Documents.
20. The loan evidenced by the Loan Documents is not a subprime home loan or a high-
cost home loan, as such terms are defined in §6(L) of the Banking Law of the State of New York,
and §1304 of the Real Property Actions and Proceedings Law of the State of New York ("RPAPL").
21. The loan evidenced by the Loan Documents is not a home loan as defined by §6(M)
of the Banking Law of the State of New York and §1304 of the Real Property Actions and
Proceedings Law ("RPAPL"), the Mortgaged Premises is no longer the primary residence of the
Borrowers, as they are deceased. As a condition precedent to foreclosure, the statutory 90-day
notice, in compliance with §1304 of the RPAPL, was provided to the Mortgagor by the Plaintiff as
demonstrated by the letter dated May 9, 2023, addressed to the Mortgagor at the Mortgaged
Premises and her last known address sent via certified and regular mail A copy of which is
attached hereto and made a part hereof as Exhibit "7".
22. The 90-day waiting period does not apply.
23. The Mortgagor has failed and neglected to comply with the conditions of the Loan
Documents by omitting and failing to pay the monthly installments for principal, interest and escrow
18th
due on December 18, 2022, and the Of each and every month thereafter.
24. In accordance with the provisions of the Loan Documents the Plaintiff has elected
and hereby elects to call due the entire amount presently secured by the Loan Documents and
require immediate payment in full.
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25. To protect its security, the Plaintiff has paid or may be compelled to pay during the
pendency of this action, local taxes, assessments, water rents, insurance premiums, mortgage
insurance premiums, and other charges effected by the Mortgaged Premises, and the Plaintiff
requests that any sums so paid by it together with interest from the date of each payment, be
added to the sum otherwise due and be deemed secured by the Loan Documents, and be
adjudged a valid lien on the Mortgaged Premises.
26. As of the date hereof there is now due and owing to the Plaintiff under the
Loan Documents the principal amount of Thirty Thousand Two Hundred Eighty Nine and 11/100
Dollars ($30,289.11) together with interest, late fees and other charges.
The loan is not owned or securitized by Freddie Mac, and the Plaintiff is not a servicer or
subservicer of that agency with respect to the loan being foreclosed.
25. A Certificate of Merit is not required as the Mortgagor is deceased and not a
resident of the Mortgaged Premises.
26. There are no pending proceedings at law or otherwise to collect or enforce the Note
and Mortgage, and there is no other action pending which has been brought to recover said
mortgage debt or any part thereof.
27. The Loan Documents provide that the Mortgagor agrees to pay the Plaintiff's
attorneys'
reasonable expenses in enforcing the Loan Documents, including reasonable fees.
28. In construing the allegations of this Complaint feminine pronouns shall be
substituted for masculine pronouns, and plural terms shall be substituted for singular terms in any
place or situation where the context so requires.
WHEREFORE, Plaintiff demands judgment, adjudging and decreeing the amount due the
attorneys'
Plaintiff for principal, interest, costs, late charges and fees; that the Mortgagor and the
remaining defendants and all persons claiming by, through or under them, or either or any of them
subsequent to the commencement of this action, and every other person or corporation whose
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right, title, conveyance or encumbrance is subsequent or subsequently recorded, may be barred
and forever foreclosed of all right, claim, lien, interest or equity of redemption in, and to, said
Mortgaged Premises; that the Mortgaged Premises may be decreed to be sold according to the
law; that out of the monies arising from the sale thereof, Plaintiff may be paid the amounts then
due on said Loan Documents, and any sum which may have been paid by the Plaintiff to protect
the lien of the Plaintiff's Mortgage with interest from the date of the respective payments and
advances, the costs and expenses of this action, the additional allowance, if any, so far as the
amount of such money properly applicable will pay the sum; that the Mortgagor may be adjudged
to pay any deficiency that may remain after applying all of the
proceeds of sale applicable thereto, and that the Plaintiff may have such other or further relief, or
both, in the premises as may be just and equitable.
Dated: January 9, 2024
Clifton Park, New York BURGESS & ASSOCIATES P.C.
. .---
ssa H. Pugliese, Esq.
Attorneys for Plaintiff
6 Executive Park Drive, Suite C
Clifton Park, New York 12065
(518) 371-0052
mpugliese@bapclaw.com
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VERIFICATION
I, MELISSA H. PUGLIESE, affirms under penalty of perjury, that:
1. I am duly admitted to the practice of law for the Courts of the State
of New York.
2. I am an associate attorney of Burgess & Associates P.C., the attorneys for the
Plaintiff herein.
3. The material allegations of the pleading are within my personal knowledge
after review of the books and records of the Plaintiff and recorded documents.
4. The allegations contained in the VERIFIED COMPLAINT are true to my
knowledge except as to matters alleged upon information and belief and to those matters I
believe said allegations to be true.
Dated: January 9, 2024
Clifton Park, New York
elissa H. Pugliese, E .
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NOTICE REQUIRED BY THE FAIR DEBT
COLLECTION PRACTICES ACT
(THE ACT), 15 U.S.C. SECTION 1601 AS AMENDED
1. THE AMOUNT OF THE DEBT IS STATED IN THE COMPLAINT ATTACHED
HERETO.
2. THE PLAINTIFF AS NAMED IN THE ATTACHED SUMMONS AND
COMPLAINT IS THE CREDITOR TO WHOM THE DEBT IS OWED.
3. THE DEBT DESCRIBED IN THE COMPLAINT ATTACHED HERETO WILL BE
ASSUMED TO BE VALID BY THE CREDITOR'S LAW FIRM, UNLESS THE DEBTOR, WITHIN
THIRTY (30) DAYS AFTER THE RECElPT OF THIS NOTICE, DISPUTES, IN WRITTEN, THE
VALIDITY OF THE DEBT OR SOME PORTION THEREOF.
4. IF THE DEBTOR NOTIFIES THE CREDITOR'S LAW FIRM IN WRITING
WITHIN THIRTY (30) DAYS OF THE RECEIPT OF THIS NOTICE THAT THE DEBTOR OR
ANY PORTION THEREOF IS DISPUTED, THE CREDITOR'S LAW FIRM WILL OBTAIN A
VERIFICATION OF THE DEBT AND A COPY OF THE VERIFICATION WILL BE MAILED TO
THE DEBTOR BY THE CREDITOR'S LAW FIRM.
5. IF THE CREDITOR NAMED AS PLAINTIFF IN THE ATTACHED SUMMONS
AND COMPLAINT IS NOT THE ORIGINAL CREDITOR, AND IF THE DEBTOR MAKES A
WRITTEN REQUEST TO THE CREDITOR'S LAW FIRM WITHIN THE THIRTY (30) DAYS
FROM THE RECEIPT OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM.
6. WRITTEN REQUESTS SHOULD BE ADDRESSED TO BURGESS &
ASSOCIATES P.C., 6 EXECUTIVE PAR DRIVE, CLIFTON PARK, NEW YORK 12065.
7. THE ABOVE-REFERENCED THIRTY (30) DAY TIME PERIOD IN WHICH THE
DEBTOR MAY DISPUTE THIS DEBT SHALL IN NO WAY AMEND OR EXTEND SAID
DEBTOR'S STATUTORY TIME PERIOD, AS STATED IN THE ATTACHED SUMMONS, TO
INTERPOSE AN ANSWER TO THE COMPLAINT IN THIS MATTER.
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"A"
Schedule
ALL THAT TRACT OR PARCEL OF LAND situate in Block 334 and being known
as Lot Number 12 in the City of Ogdensburg, County of St. Lawrence and State of New
York being more particularly bounded and described as follows:
5/8"
BEGINNING at a iron rod set in the westerly boundary of Clark Street, at the
southeasterly corner of Lot 10 in said Block 334, said point being further located South
¼"
28 degrees 45 minutes 37 seconds East a distance of 194.01 feet from a 1 iron pipe
found at the intersection of the southerly boundary Greene Street with the westerly
boundary of said Clark Street and running;
Thence South 28 degrees 45 minutes 37 seconds East along the westerly
5/8"
boundary of said Clark Street a distance of 48.49 feet to a iron rod with cap
050588"
marked "JLS set at the northeasterly corner of Lot 14 of said Block 334,
said iron rod set being located North 24 degrees 29 minutes 43 seconds West a
5/8"
distance of 0.53 feet from a iron rod found;
Thence South 61degrees 06 minutes 41 seconds West along the northerly
5/8"
boundary of Lot 14 of said Block 334 a distance of 132.55 feet to a iron rod
050588"
with cap marked "JLS set at the southeasterly corner of Lot 11 of said
Block 334, said iron rod set being located North 63 degrees 02 minutes 50
5/8"
seconds East a distance of 0.54 feet from a iron rod found;
Thence North 28 degrees 41 minutes 50 seconds West along the easterly
5/8"
boundary of Lot 11 of said Block 334 a distance of 48.49 feet to a iron rod
050588"
with cap marked "JLS set at the southwesterly corner of Lot 10 of said
Block 334, said iron rod set being located North 59 degrees 18 minutes 34 East a
1"
distance of 0.51 feet from a iron pipe found;
Thence North 61 degrees 06 minutes 41 seconds East along the southerly
boundary of Lot 10 of said Block 334 a distance of 132.49 feet to the Point of
Beginning.
Containing 0.15 Acres or 6425.9 square feet of land more or less as surveyed during the
month of August, 2006 by Richard D. Jacobs II L.S. 050588. All bearings as referenced
hereon are referenced to magnetic north as determined by compass needle on the date of
the aforementioned survey.
Being and intending to describe Lot 12 in Block 334 of the City of Ogdensburg, the
premises conveyed by Jason H. Mereau & Amy L. Poiniak to Amy L. Poiniak by deed
dated October 29, 2004 and recorded as Instrument Number 2004-21052 in the St.
Lawrence County Clerk's Office.
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"B"
CHEDULE
P_atly Interest
The Estate of Amy Jo Perretta Owner/Mortgagor/Obligor
Renee Cole, St. Lawrence County Administrator of the
Treasurer Estate of Amy Jo Perretta
Jaylene M. Dawley Tenant/Heir
Timothy Dawley Tenant
City of Ogdensburg Holder of Subordinate Mortgage
St. Lawrence County
Dated: 02/22/2007
Recorded: 01/29/2008
Instrument No.: R-2008-00001598
Amount: $2,242.00
S:\BAPCLAW\4400.890 Estate of Perretta\amended.verified.complaint.doc
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EXHIBIT 1
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On the Date Written Below LE1TERS are Granted
by the Surrogate's Court, State of New York as follows:
File #: 2020-53629
Preview
FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 STATE OF NEW YORK SUPREME COURT COUNTY OF ST. LAWRENCE AMENDED NBT BANK, NATIONAL ASSOCIATION, VERIFIED COMPLAINT Index No.: EFCV-23-165144 Plaintiff, -against- THE ESTATE OF AMY JO PERRETTA; RENEE COLE, Mortgaged Premises: ST. LAWRENCE COUNTY TREASURER, as Administrator 417 Clark Street of the ESTATE OF AMY J. PERRETTA; JAYLENE M. DAWLEY; Ogdensburg, NY 13669 TIMOTHY DAWLEY; CITY OF OGDENSBURG; and SBL: 48.072-3-13 1" 10" "JOHN/JANE DOE through "JOHN/JANE DOE (said last 10 names being fictitious, it being the intention Mortqaqe Servicer: of plaintiff to designate any and all other tenants, occupants NBT Bank, National Association or other persons or entities having or claiming an interest in (800) 628-2265 the real property subject of this action, whose identity is not presently known to plaintiff), Defendants. Plaintiff, complaining of the defendants in the above-entitled action, by and through its attorneys, Burgess & Associates P.C., as and for a complaint in foreclosure, alleges that: 1. This action (the "Action") is brought to foreclose the lien of a mortgage on the property located at, and commonly known as, 417 Clark Street, Ogdensburg, New York 13669, "A" which is more particularly described on Exhibit hereto, and for relief incidental thereto. 2. The Plaintiff was at all times hereinafter mentioned and still is a national banking association organized and existing under the laws of the United States having an office for the transaction of business at 52 South Broad Street, Norwich, New York. 3. Amy Jo Perretta (the "Mortgagor"), upon information and belief, died on or about October 23, 2019. 4. A Surrogate's Court proceeding was brought in St. Lawrence County. Letters of Administration were issued to Jaylene M. Dawley, on June 1, 2020. A copy of the Certificate of Appointment of Administrator is attached hereto as Exhibit "1". 1 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 5. Timothy Dawley, an individual and boyfriend of the deceased, residing at the Mortgaged Premises is named as a defendant due to his tenancy. 6. The United States of America, the People of the State of New York, the New York State Department of Taxation and Finance, and all other agencies or instrumentalities of the federal, state or local government (by whatever name designated if made parties to this action and if appearing in Schedule "B") are made parties solely by reason of the materials set forth in "B" Schedule and for no other reason. 7. Jaylene Dawley relinquished her position of Administrator of the Estate of Amy Jo Perretta and requested that a public administrator be appointed. Renee Cole, St. Lawrence County Treasurer, was appointed as Administrator of the Estate of Amy J. Perretta on June 2, 2023, as demonstrated by the Certificate of Appointment, attached hereto and made a part hereof as Exhibit "2". 8. Jaylene Dawley is listed as a Defendant as a tenant of the Mortgaged Property and heir of the deceased. 9. Each of the other defendants herein and their respective claims or interests in the property herein sought to be foreclosed against are set forth and described in Schedule "B", which liens or claims, if existing at all, are subordinate and inferior to the Plaintiff's rights, liens and /or security interests under the loan instruments, and said defendants reside or have a place of business at the addresses set forth therein (any that are corporations, limited liability corporations or limited partnerships, being organized and existing under the laws of the state set forth therein) and are made defendants in the Action in capacities therein alleged, or as alleged herein. 10. The Court has jurisdiction by virtue of Judiciary Law section 140-b and NYS Constitution Art VI, section 7. 11. Venue in St. Lawrence County is proper under CPLR section 507, because the Mortgaged Premises are located, in whole or in part, in St. Lawrence County. 2 2 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 12. Amy Jo Perretta, for the purpose of securing and evidencing a promise to pay to NBT Bank, National Association, or its assignee, a sum of money, duly executed and acknowledged a NOTE dated September 27, 2006 (the "Note") wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to the terms of repayment of the Note all as more fully appears in the Note, a copy of which is attached hereto and made a part hereof as Exhibit "3". 13. As security for the payment of the indebtedness evidenced by the Note, a MORTGAGE dated September 27, 2006 (the "Mortgage") was executed, acknowledged and delivered to NBT Bank, National Association, wherein and whereby the Amy Jo Perretta bargained and granted to the mortgagee, its successors and assigns, a lien upon the premises more particularly described therein (hereinafter called the "Mortgaged Premises") under certain conditions with rights, duties and privileges between or among them as more fully appears in the Mortgage, a copy of which is attached hereto and made a part hereof as Exhibit "4". 14. The Mortgage was duly recorded in the office of the St. Lawrence County Clerk on September 28, 2006 as Document No.: 2006-00017185. The mortgage recording tax was then and there duly paid. 15. The Note having been modified by a MODIFICATION TO MORTGAGE NOTE dated June 15, 2018 (the "Note Modification") executed by the Mortgagor to NBT Bank, National Association wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to the terms of repayment of the modified Note, a copy of which is attached hereto and made a part hereof as Exhibit "5". 16. The Mortgage having been modified by a MORTGAGE EXTENSION AND MODIFICATION AGREEMENT dated June 15, 2018 (the "Modification") executed by the Mortgagor to NBT Bank, National Association wherein and whereby she promised for herself, her heirs and assigns to pay a certain sum of money according to the terms of repayment of the 3 3 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 Modification, a copy of which is attached hereto and made a part hereof as Exhibit "". 17. The Modification was duly recorded in the office of the St. Lawrence County Clerk on July 3, 2018 as Instrument No.: 2018-00008263. The mortgage recording tax was then and there duly paid. 18. The Note, Mortgage, Note Modification and Modification shall hereinafter be collectively referred to as the Loan Documents. 19. The Plaintiff is now the sole, true, and lawful owner of the Loan Documents. 20. The loan evidenced by the Loan Documents is not a subprime home loan or a high- cost home loan, as such terms are defined in §6(L) of the Banking Law of the State of New York, and §1304 of the Real Property Actions and Proceedings Law of the State of New York ("RPAPL"). 21. The loan evidenced by the Loan Documents is not a home loan as defined by §6(M) of the Banking Law of the State of New York and §1304 of the Real Property Actions and Proceedings Law ("RPAPL"), the Mortgaged Premises is no longer the primary residence of the Borrowers, as they are deceased. As a condition precedent to foreclosure, the statutory 90-day notice, in compliance with §1304 of the RPAPL, was provided to the Mortgagor by the Plaintiff as demonstrated by the letter dated May 9, 2023, addressed to the Mortgagor at the Mortgaged Premises and her last known address sent via certified and regular mail A copy of which is attached hereto and made a part hereof as Exhibit "7". 22. The 90-day waiting period does not apply. 23. The Mortgagor has failed and neglected to comply with the conditions of the Loan Documents by omitting and failing to pay the monthly installments for principal, interest and escrow 18th due on December 18, 2022, and the Of each and every month thereafter. 24. In accordance with the provisions of the Loan Documents the Plaintiff has elected and hereby elects to call due the entire amount presently secured by the Loan Documents and require immediate payment in full. 4 4 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 25. To protect its security, the Plaintiff has paid or may be compelled to pay during the pendency of this action, local taxes, assessments, water rents, insurance premiums, mortgage insurance premiums, and other charges effected by the Mortgaged Premises, and the Plaintiff requests that any sums so paid by it together with interest from the date of each payment, be added to the sum otherwise due and be deemed secured by the Loan Documents, and be adjudged a valid lien on the Mortgaged Premises. 26. As of the date hereof there is now due and owing to the Plaintiff under the Loan Documents the principal amount of Thirty Thousand Two Hundred Eighty Nine and 11/100 Dollars ($30,289.11) together with interest, late fees and other charges. The loan is not owned or securitized by Freddie Mac, and the Plaintiff is not a servicer or subservicer of that agency with respect to the loan being foreclosed. 25. A Certificate of Merit is not required as the Mortgagor is deceased and not a resident of the Mortgaged Premises. 26. There are no pending proceedings at law or otherwise to collect or enforce the Note and Mortgage, and there is no other action pending which has been brought to recover said mortgage debt or any part thereof. 27. The Loan Documents provide that the Mortgagor agrees to pay the Plaintiff's attorneys' reasonable expenses in enforcing the Loan Documents, including reasonable fees. 28. In construing the allegations of this Complaint feminine pronouns shall be substituted for masculine pronouns, and plural terms shall be substituted for singular terms in any place or situation where the context so requires. WHEREFORE, Plaintiff demands judgment, adjudging and decreeing the amount due the attorneys' Plaintiff for principal, interest, costs, late charges and fees; that the Mortgagor and the remaining defendants and all persons claiming by, through or under them, or either or any of them subsequent to the commencement of this action, and every other person or corporation whose 5 5 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 right, title, conveyance or encumbrance is subsequent or subsequently recorded, may be barred and forever foreclosed of all right, claim, lien, interest or equity of redemption in, and to, said Mortgaged Premises; that the Mortgaged Premises may be decreed to be sold according to the law; that out of the monies arising from the sale thereof, Plaintiff may be paid the amounts then due on said Loan Documents, and any sum which may have been paid by the Plaintiff to protect the lien of the Plaintiff's Mortgage with interest from the date of the respective payments and advances, the costs and expenses of this action, the additional allowance, if any, so far as the amount of such money properly applicable will pay the sum; that the Mortgagor may be adjudged to pay any deficiency that may remain after applying all of the proceeds of sale applicable thereto, and that the Plaintiff may have such other or further relief, or both, in the premises as may be just and equitable. Dated: January 9, 2024 Clifton Park, New York BURGESS & ASSOCIATES P.C. . .--- ssa H. Pugliese, Esq. Attorneys for Plaintiff 6 Executive Park Drive, Suite C Clifton Park, New York 12065 (518) 371-0052 mpugliese@bapclaw.com 6 6 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 VERIFICATION I, MELISSA H. PUGLIESE, affirms under penalty of perjury, that: 1. I am duly admitted to the practice of law for the Courts of the State of New York. 2. I am an associate attorney of Burgess & Associates P.C., the attorneys for the Plaintiff herein. 3. The material allegations of the pleading are within my personal knowledge after review of the books and records of the Plaintiff and recorded documents. 4. The allegations contained in the VERIFIED COMPLAINT are true to my knowledge except as to matters alleged upon information and belief and to those matters I believe said allegations to be true. Dated: January 9, 2024 Clifton Park, New York elissa H. Pugliese, E . 7 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (THE ACT), 15 U.S.C. SECTION 1601 AS AMENDED 1. THE AMOUNT OF THE DEBT IS STATED IN THE COMPLAINT ATTACHED HERETO. 2. THE PLAINTIFF AS NAMED IN THE ATTACHED SUMMONS AND COMPLAINT IS THE CREDITOR TO WHOM THE DEBT IS OWED. 3. THE DEBT DESCRIBED IN THE COMPLAINT ATTACHED HERETO WILL BE ASSUMED TO BE VALID BY THE CREDITOR'S LAW FIRM, UNLESS THE DEBTOR, WITHIN THIRTY (30) DAYS AFTER THE RECElPT OF THIS NOTICE, DISPUTES, IN WRITTEN, THE VALIDITY OF THE DEBT OR SOME PORTION THEREOF. 4. IF THE DEBTOR NOTIFIES THE CREDITOR'S LAW FIRM IN WRITING WITHIN THIRTY (30) DAYS OF THE RECEIPT OF THIS NOTICE THAT THE DEBTOR OR ANY PORTION THEREOF IS DISPUTED, THE CREDITOR'S LAW FIRM WILL OBTAIN A VERIFICATION OF THE DEBT AND A COPY OF THE VERIFICATION WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM. 5. IF THE CREDITOR NAMED AS PLAINTIFF IN THE ATTACHED SUMMONS AND COMPLAINT IS NOT THE ORIGINAL CREDITOR, AND IF THE DEBTOR MAKES A WRITTEN REQUEST TO THE CREDITOR'S LAW FIRM WITHIN THE THIRTY (30) DAYS FROM THE RECEIPT OF THIS NOTICE, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WILL BE MAILED TO THE DEBTOR BY THE CREDITOR'S LAW FIRM. 6. WRITTEN REQUESTS SHOULD BE ADDRESSED TO BURGESS & ASSOCIATES P.C., 6 EXECUTIVE PAR DRIVE, CLIFTON PARK, NEW YORK 12065. 7. THE ABOVE-REFERENCED THIRTY (30) DAY TIME PERIOD IN WHICH THE DEBTOR MAY DISPUTE THIS DEBT SHALL IN NO WAY AMEND OR EXTEND SAID DEBTOR'S STATUTORY TIME PERIOD, AS STATED IN THE ATTACHED SUMMONS, TO INTERPOSE AN ANSWER TO THE COMPLAINT IN THIS MATTER. 8 8 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 "A" Schedule ALL THAT TRACT OR PARCEL OF LAND situate in Block 334 and being known as Lot Number 12 in the City of Ogdensburg, County of St. Lawrence and State of New York being more particularly bounded and described as follows: 5/8" BEGINNING at a iron rod set in the westerly boundary of Clark Street, at the southeasterly corner of Lot 10 in said Block 334, said point being further located South ¼" 28 degrees 45 minutes 37 seconds East a distance of 194.01 feet from a 1 iron pipe found at the intersection of the southerly boundary Greene Street with the westerly boundary of said Clark Street and running; Thence South 28 degrees 45 minutes 37 seconds East along the westerly 5/8" boundary of said Clark Street a distance of 48.49 feet to a iron rod with cap 050588" marked "JLS set at the northeasterly corner of Lot 14 of said Block 334, said iron rod set being located North 24 degrees 29 minutes 43 seconds West a 5/8" distance of 0.53 feet from a iron rod found; Thence South 61degrees 06 minutes 41 seconds West along the northerly 5/8" boundary of Lot 14 of said Block 334 a distance of 132.55 feet to a iron rod 050588" with cap marked "JLS set at the southeasterly corner of Lot 11 of said Block 334, said iron rod set being located North 63 degrees 02 minutes 50 5/8" seconds East a distance of 0.54 feet from a iron rod found; Thence North 28 degrees 41 minutes 50 seconds West along the easterly 5/8" boundary of Lot 11 of said Block 334 a distance of 48.49 feet to a iron rod 050588" with cap marked "JLS set at the southwesterly corner of Lot 10 of said Block 334, said iron rod set being located North 59 degrees 18 minutes 34 East a 1" distance of 0.51 feet from a iron pipe found; Thence North 61 degrees 06 minutes 41 seconds East along the southerly boundary of Lot 10 of said Block 334 a distance of 132.49 feet to the Point of Beginning. Containing 0.15 Acres or 6425.9 square feet of land more or less as surveyed during the month of August, 2006 by Richard D. Jacobs II L.S. 050588. All bearings as referenced hereon are referenced to magnetic north as determined by compass needle on the date of the aforementioned survey. Being and intending to describe Lot 12 in Block 334 of the City of Ogdensburg, the premises conveyed by Jason H. Mereau & Amy L. Poiniak to Amy L. Poiniak by deed dated October 29, 2004 and recorded as Instrument Number 2004-21052 in the St. Lawrence County Clerk's Office. 9 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 "B" CHEDULE P_atly Interest The Estate of Amy Jo Perretta Owner/Mortgagor/Obligor Renee Cole, St. Lawrence County Administrator of the Treasurer Estate of Amy Jo Perretta Jaylene M. Dawley Tenant/Heir Timothy Dawley Tenant City of Ogdensburg Holder of Subordinate Mortgage St. Lawrence County Dated: 02/22/2007 Recorded: 01/29/2008 Instrument No.: R-2008-00001598 Amount: $2,242.00 S:\BAPCLAW\4400.890 Estate of Perretta\amended.verified.complaint.doc 9 10 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 EXHIBIT 1 11 of 58 FILED: ST. LAWRENCE COUNTY CLERK 01/09/2024 01:40 PM INDEX NO. EFCV-23-165144 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 01/09/2024 On the Date Written Below LE1TERS are Granted by the Surrogate's Court, State of New York as follows: File #: 2020-53629