Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024
STATE OF NEW YORK
SUPREME COURT: COUNTY OF CHAUTAUQUA
COMMUNITY BANK, NATIONAL ASSOCIATION
201 North Union Street
Olean, New York 14760
Plaintiff,
-vs- CERTIFICATE OF MERIT
PURSUANT TO CPLR 3012-b
KENNETH C. EMERY, SR.
Debtor's Address: Index No.:
61 Backman Avenue
Westfield, New York 14787
KENNETH C. EMERY, JR.
Debtor's Address:
34 Bourne Street
Westfield, New York 14787
COLLATERAL ADDRESS:
34 Bourne Street
Westfield, New York 14787
#1"
and "JOHN DOE through "JANE DOE #10", the
last 10 names being fictitious and unknown to the
Plaintiff, the persons or parties intended being the
occupants, tenants, persons or entities, if any, having
or claiming an interest in or lien upon the mortgaged
premises described in the verified complaint, ACTION TO
FORECLOSE A
MORTGAGE
Defendants.
STATE OF NEW YORK )
) ss:
COUNTY OF CATTARAUGUS )
Michael A. Morgan, Esq., being duly sworn, deposes and says:
1. I am an attorney at law duly licensed to practice in the State of New York, and am
affiliated with the law firm of Morgan & Associates, PLLC, attorneys for plaintiff in this action.
1
1 of 3
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024
2. This residential foreclosure action involves a home loan, as such term is defined
in Real Property Actions and Proceedings Law § 1304. Upon information and belief, defendant
Kenneth C. Emery, Jr. is a resident of the property subject to foreclosure.
3. I have reviewed the facts of this case and reviewed pertinent documents,
including the mortgage, security agreement and note or bond underlying the mortgage executed
by defendant, all instruments of assignment (if any), and all other instruments of indebtedness
including any modification, extension, and consolidation.
4. I have consulted about the facts of this case with the following representatives of
plaintiff:
Community Bank, National Association
5. Upon this review and consultation, to the best of my knowledge, information, and
belief, I certify that there is a reasonable basis for the commencement of this action, and that
plaintiff is the creditor entitled to enforce rights under these documents.
6. Listed in Exhibit A and attached hereto are copies of the following documents not
otherwise included as attachments to the summons and complaint: the mortgage, security
agreement and note or bond underlying the mortgage executed by the defendant; all instruments
of assignment (if any); and any other instrument of indebtedness, including any modification,
extension, and consolidation.
NOT APPLICABLE. ALL DOCUMENTS ARE ATTACHED AS EXHIBITS TO
COMPLAINT.
7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that
certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or
otherwise.
NOT APPLICABLE. ALL DOCUMENTS ARE ATTACHED AS EXHIBITS TO
COMPLAINT.
8. I am aware of my obligations under New York Rules of Professional Conduct (22
NYCRR Part 1200) and 22 NYCRR Part 130.
Morgan & Associates, PLLC
Date: , 2024
B . ichael A. Morgan, E
Creditors'
Its: Director of Foreclosure and Rights
Practice Group
2
.
2 of 3
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024
STATE OF NEW YORK )
COUNTY OF CATTARAUGUS )
On the $ day of Od , 2024, before me, the undersigned, a notary
public in and for said state, personally appeared Michael A. Morgan personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual or the person upon behalf of which the
individual acted, executed the instrument.
Notary Publ
ANDPFA K. HAGGARD
of New York
Notary Public State
No. 01HA6229333
Qualif ed in Cattarangus County
Expires 10ri8/2
My Cominission
3
3 of 3
Preview
FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024 STATE OF NEW YORK SUPREME COURT: COUNTY OF CHAUTAUQUA COMMUNITY BANK, NATIONAL ASSOCIATION 201 North Union Street Olean, New York 14760 Plaintiff, -vs- CERTIFICATE OF MERIT PURSUANT TO CPLR 3012-b KENNETH C. EMERY, SR. Debtor's Address: Index No.: 61 Backman Avenue Westfield, New York 14787 KENNETH C. EMERY, JR. Debtor's Address: 34 Bourne Street Westfield, New York 14787 COLLATERAL ADDRESS: 34 Bourne Street Westfield, New York 14787 #1" and "JOHN DOE through "JANE DOE #10", the last 10 names being fictitious and unknown to the Plaintiff, the persons or parties intended being the occupants, tenants, persons or entities, if any, having or claiming an interest in or lien upon the mortgaged premises described in the verified complaint, ACTION TO FORECLOSE A MORTGAGE Defendants. STATE OF NEW YORK ) ) ss: COUNTY OF CATTARAUGUS ) Michael A. Morgan, Esq., being duly sworn, deposes and says: 1. I am an attorney at law duly licensed to practice in the State of New York, and am affiliated with the law firm of Morgan & Associates, PLLC, attorneys for plaintiff in this action. 1 1 of 3 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024 2. This residential foreclosure action involves a home loan, as such term is defined in Real Property Actions and Proceedings Law § 1304. Upon information and belief, defendant Kenneth C. Emery, Jr. is a resident of the property subject to foreclosure. 3. I have reviewed the facts of this case and reviewed pertinent documents, including the mortgage, security agreement and note or bond underlying the mortgage executed by defendant, all instruments of assignment (if any), and all other instruments of indebtedness including any modification, extension, and consolidation. 4. I have consulted about the facts of this case with the following representatives of plaintiff: Community Bank, National Association 5. Upon this review and consultation, to the best of my knowledge, information, and belief, I certify that there is a reasonable basis for the commencement of this action, and that plaintiff is the creditor entitled to enforce rights under these documents. 6. Listed in Exhibit A and attached hereto are copies of the following documents not otherwise included as attachments to the summons and complaint: the mortgage, security agreement and note or bond underlying the mortgage executed by the defendant; all instruments of assignment (if any); and any other instrument of indebtedness, including any modification, extension, and consolidation. NOT APPLICABLE. ALL DOCUMENTS ARE ATTACHED AS EXHIBITS TO COMPLAINT. 7. Listed in Exhibit B and attached hereto are supplemental affidavits attesting that certain documents as described in paragraph 5 supra are lost, whether by destruction, theft, or otherwise. NOT APPLICABLE. ALL DOCUMENTS ARE ATTACHED AS EXHIBITS TO COMPLAINT. 8. I am aware of my obligations under New York Rules of Professional Conduct (22 NYCRR Part 1200) and 22 NYCRR Part 130. Morgan & Associates, PLLC Date: , 2024 B . ichael A. Morgan, E Creditors' Its: Director of Foreclosure and Rights Practice Group 2 . 2 of 3 FILED: CHAUTAUQUA COUNTY CLERK 03/18/2024 02:47 PM INDEX NO. EK12024000381 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/18/2024 STATE OF NEW YORK ) COUNTY OF CATTARAUGUS ) On the $ day of Od , 2024, before me, the undersigned, a notary public in and for said state, personally appeared Michael A. Morgan personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Publ ANDPFA K. HAGGARD of New York Notary Public State No. 01HA6229333 Qualif ed in Cattarangus County Expires 10ri8/2 My Cominission 3 3 of 3