Preview
INDEX NO. 064870/2014
RECEIVED NYSCEF: 06/25/2014
(FILED: SUFFOLK COUNTY CLERK 06/2572014 ~~
NYSCEF DOC. NO. 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
weceee ence enenanennnnneenninnnnnannnnaananenmanennnnmnnmnn nme
U.S. BANK NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE TO WILMINGTON TRUST
COMPANY, AS SUCCESSOR TRUSTEE TO BANK.
OF AMERICA, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO LASALLE BANK.
NATIONAL ASSOCIATION, AS TRUSTEE FOR
LEHMAN XS TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2007-3
SUMMONS
Plaintiff,
ORIGINAL FILED WITH THE
vs. CLERK ON
JOSEPH A. GALLO, JEANETTE GALLO, CACV INDEX NO.:
OF COLORADO LLC, CAPITAL ONE BANK USA
NA AS SUCCESSOR IN INTEREST TO MORTGAGED PREMISES:
CAPITAL ONE BANK, ESTHER PIMENTEL, 16 CAROL DRIVE
HSBC BANK NEVADA NA, MERRICK BANK.
CORPORATION, VELOCITY INVESTMENTS LLC,
LAKE RONKONKOMA, NY 11779
SBL#:
JOHN DOE (being fictitious, the names DISTRICT 0200,
unknown to Plaintiff intended to be SECTION 647.00,
tenants, occupants, persons or BLOCK 03.00,
corporations having or claiming an. LOT 017.000
interest in or lien upon the property
described in the complaint or their
heirs at law, distributees,
executors, administrators, trustees,
guardians, assignees, creditors or
successors.)
Defendant(s).
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and
to 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
whete 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.NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this summons and complaint by serving a copy
of the answer on the attorney for the mortgage company whe filed this
foreclosure proceeding against you and filing the answer with the court, a
default judgment may be entered and you can lose your home.
Speak to an attorney or go to the court where your case is pending for
further information on how to answer the summons and protect your
property.
Sending a payment to your mortgage company will not stop this
foreclosure action,
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON
THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY)
AND FILLING THE ANSWER WITH 'THIE COURT.
Suffolk County is designated as the place of trial. The basis of venue is the location of the
mortgaged premises foreclosed herein.
DATED: June [7 ,2014
By: awh. 4. ¢ Lynas
Sarah kK. Hyman, Esq.
Gross Polowy, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Tel.: 716-204-1700SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ee nnn nn x
U.S. BANK NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE TO WILMINGTON TRUST
COMPANY, AS SUCCESSOR TRUSTEE TO BANK
OF AMERICA, NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO LASALLE BANK
NATIONAL ASSOCIATION, AS TRUSTEE FOR,
LEHMAN XS TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2007-3
Plaintiff, COMPLAINT
VS. INDEX NO.:
JOSEPH A. GALLO, JEANETTE GALLO, CACV MORTGAGED PREMISES:
OF COLORADO LLC, CAPITAL ONE BANK USA 16 CAROL DRIVE
NA AS SUCCESSOR IN INTEREST TO LAKE RONKONKOMA, NY 11779
CAPITAL ONE BANK, ESTHER PIMENTEL,
HSBC BANK NEVADA NA, MERRICK BANK SBL #:
CORPORATION, VELOCITY INVESTMENTS LLC, DISTRICT 0200,
SECTION 647.00,
JOHN DOE (being fictitious, the names BLOCK 03.00,
unknown to Plaintiff intended to be LOT 017.000
tenants, occupants, persons or
corporations having or claiming an
interest in or lien upon the property
described in the complaint or their
heirs at law, distributees,
executors, administrators, trustees,
guardians, assignees, creditors or
SUCCESSOIS.)
Defendant(s).
cee ete en nneen enn enecnene ene nenunanentenmnannnnnnnennnnne! x
The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s)
alleges upon information and belief as follows:
i. Plaintiff is a national association organized and existing under the laws of the United States
of America and the owner and holder of the subject note and mortgage or has been delegated authority
to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage.
Attached hereto as Schedule A is an attorney certified copy of the original note.
2. On or about October 7, 2006, Jeanette Gallo and Joseph A. Gallo executed and delivered a
note whereby Jeanette Gallo and Joseph A. Gallo promised to pay the sum of $356,500.00 plus interest
on the unpaid amount due.3. As security for the payment of the note Joseph A. Gallo and Jeanette Gallo duly executed
and delivered a mortgage, which was recorded as follows:
Recording Date: November 8, 2006
Book/Page: 21414/260
County of: Suffolk
The mortgage was subsequently assigned to U.S. Bank National Association, as Successor
Trustee to Wilmington Trust Company, as Successor Trustee to Bank of America, National Association,
Successor by Merger to LaSalle Bank National Association, as Trustee for Lehman XS Trust, Mortgage
Pass-Through Certificates, Series 2007-3.
4, The mortgaged property is known as 16 Carol Drive, Lake Ronkonkoma, NY 11779, The
tax map designation is DISTRICT 0200, SECTION 647.00, BLOCK 03.00, LOT 017.000. Plaintiff is
foreclosing the land, buildings, and other improvements located on the property. The property is more
fully described in Schedule B attached to this complaint.
5. That Jeanette Gallo and Joseph A. Gallo failed to comply with the conditions of the note and
mortgage by not making the payment that was due on February 1, 2013 and subsequent payments.
Accordingly, Plaintiff hereby declares the entire amount owed on the note and secured by the mortgage.
6. There is now due and owing on the note and mortgage the following amounts:
Principal balance: $342,882.86
Interest Rate: 6.9%
Date interest accrues from: January 1, 2013
Together with late charges, monies advanced for taxes, assessments, insurance, maintenance and
preservation of the property, and the costs, allowances, expenses of sale, and reasonable attorney's fees
for the foreclosure.
7. In order to protect the value of the property and its rights in the property, the Plaintiff may
have to pay taxes, assessments, waler charges, insurance premiums and other charges, Plaintiff
requests that any amount it pays, together with interest, be included in the total amount due.
8. The defendant(s) claim an interest or lien encumbering the property, which is either
subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's
mortgage. The interest or lien of each defendant is set forth in "Schedule C" of this complaint.
9. The interest or lien of any governmental entity of the United States, State, City or local
government is set forth in "Schedule D" of this complaint.
10. The John Doe defendant(s) unknown are tenants, occupants, persons or corporations, heirs
at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors
whose interest or lien is either subordinate to Plaintiff's mortgage, paid in full, equitably subordinated, or
adverse to Plaintiff's mortgage. If the mortgagor or owner is deceased, the John Doe defendant(s) are
the unknown heirs at law, distributces, executors, administrators, trustees, guardians, assignees, creditors
or successors of the mortgagors or owners.11. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and
Proceedings Law, and the mortgage was originated in compliance with all provisions of section 595-a of
the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-1 or
6-m of the Banking law.
12. No action was brought to recover any part of the mortgage debt or if any such action is
pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it.
WHEREFORE, PLAINTIFF DEMANDS:
a. Judgment determining the amount due Plaintiff for principal, interest, late charges, taxes,
assessments, insurance, maintenance and preservation of the property and other similar
charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all
with interest.
b. That the property be sold at auction to the highest bidder in accordance with the referee's
terms of sale.
c. That the interest of the defendant(s) and all persons claiming by or through them be
foreclosed and their title, right, claim, lien, interest or equity of redemption to the
property be forever extinguished.
d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest,
late charges, taxes, assessments, insurance, maintenance and preservation of the property,
and other similar charges, together with costs, allowances, expenses of sale, reasonable
attorney's fees, all with interest.
e. That the property be sold in as is condition and subject to the facts an inspection or
accurate survey of the property would disclose, covenants, restrictions, easements and
public utility agreements of record, building and zoning ordinances and violations, and
the equity of redemption of the United States of America.
£ That Plaintiff may purchase the property at the sale.
That a receiver be appointed for the property, if requested by Plaintiff.
That a deficiency judgment against all obligors on the note, for the amount that remains
due after distribution of the sale proceeds, unless the debt was discharged in a
bankruptcy, be granted if requested by Plaintiff.
i. That if the Plaintiff possesses other liens against the property, they not merge with the
mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to
share in any surplus proceeds resulting from the sale.
j. That the Court award Plaintiff additional relief that is just, equitable and proper.
A Way IyounZ
By
Sarah K. Hyman, Esq.
Gross Polowy, LLC
Attorneys for Plaintiff
25 Northpointe Parkway, Suite 25
Amherst, NY 14228
Tel.: 716-204-1700
PoeSchedule A
Attached hereto at Schedule A is an attorney certified copy of the original note, reviewed by Plaintiff's
counsel herein. If applicable, certain non-public personal information has been redacted from the
attached document.BALLOON NOTE
ees nee
aw $e
THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL
BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO
OBLIGATION TO REFINANCE THE LOAN AT THAT TIME, YOU WILL, THEREFORE, BE
REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL
HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH,
WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU
MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH
A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER.
Oatober 7, 2906 LAKE RONKONKOMA HEL yor
hy State
16 CAROL DRIVE, LAKE RONKONKOHA, NY 12779
Propaily Aaaross
4. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $356,800.00 (this amount is
calied “Principal"?, plus interest, to the order of the Lender, The Lender fs
WELLS FARGO BANK, HA.
I Will make a11 payments under this Note in the form of cash, check er woney order.
Lunderstend that the Lander may transfer this Mote, The Lender or anyone who takes this Note by
transfer and who 1s entitled to receive paynents under this Note is called the "Kote Helder.”
2. INTEREST
Interest will be charged on unpafd principal until the full amount of Prinetpal has been peid. T
WALL pay intarest at a yoarly rate of 6.900%,
The interest rate required by this Section 2 is the rate £ will pay beth before and after any dafaurt
described in Section 6(B) of this Note.
3. PAYMENTS
{A) Time and Place of Payments
1 wil1 pay prinetpai and interest by making a payaent every month.
1 wi11 make my aonthly payments on the 1st day of each month beginning on Decenbor, 2006.
T Will moke those payaents every month until I have patd all of the principai: and interest and
any other charges described below that I may ove under this Nate. Each aonthiy paymont will be
applied as of its cehaduked due date and will be applied to interest before Principal, If,
© flovomber 1, 2036 E Sti]1 owe amounts under thts Nete, T will pay those amounts in full on
that date, which is called the "Maturity Date.”
E wilt make my monthly payments at:
WELLS FARGO BANK, NA.
Bf, BOX 17852, BALTIMORE, HD 21297-1339
or ata different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S, $2,189.56.
4, BORROWER'S RIGHT TO PREPAY
I haye the right to make paynants of Principal at any time before they are duc. A-poyment of
Prineipal only is know as a “Prepayment.” when © make a Prepayment, f will tell the Note Holder
in writing that I am doing se. £ way not designate a payment as a Prepayment if i have not sade
all the aonthly payments dus under this Note.
1 may meke a full Prepayment or partiel Prepayments without paying 4 Prepayment sharus. The
Note Hotdor will use my Prepayments to reduces the agount of Principal that T awe under
this Hote, Havever, the Nete Holder may apply my Prepayment to the accrued and unpaid interest
on the Prepayment amount before -voglying my Prepaynent to reduce the Princinat amount of this Note.
Tf T make a partial Propaymont, there vill be ne changes in the due date or In the amount of wy
ronthiy payaant unless the Note Helder agrees in writing to those changes.
5. LOAN CHARGES
If a law, whieh applies to this Lean and which sets maximum loan charges, is finally interpreted
50 that the interest er other Loan charges collectad or to bi collected in connection with this
Loan exceed the permitted Limits, then: (a) any such loan charge shal2 be reduced by the amount
necessary to reduec the charge to the veraitted limit; and (@) any suns already collected from
me Which excceded gormittad Limits will by refunded ts me. The Note Holder may choose to make
this refund by reducing tho Principal 1 owe under this Hote or by making a direct payaont to me.
If 3 rafund reduces Princical, the reduction will be treated as 2 partial Prepayaent
Not tlicon Form 5060. 108 ecosnL_ Ey, onfosIe
PSE OFZ6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Heldor has not received the full amount of any wcnthiy paysent by the end of
15 calendar days atter tha date it 4s due, I will pay 9 tate charge to the Note Holder.
The amount of the charge will be 2.000% of my overdue payment of princtpal and interest.
Ewill pay this lato charga promptly but only once on esck late paynent.
(B) Default
If T da net pay the full amount of cach monthly payment on the dato it is dua, I will bo in
default,
(C} Notice of Default
Lf 1 am in default, the Note Helder may send me a written notice telling me that if I do not pay
the overdue amount by a certain date, the Noto Holder may require me to pay immediately the full
amount of Principal whieh has net boen paid and all the’ interest that I ove on thet amount. That
date must ba at Least 30 days after the date on which the notice is mailed to mo or delivered by
other moans.
(D) No Waiver By Note Holder
Even if, at 2 tie when I am in default, the Note Helder does not require me to pay inmedintely
In fUli as described above, tho Hote Holder will still have the right to de so if T am in default
at a later tino. -
(E) Payment of Note Holder’s Costs and Expenses
If the Nota Holder has required me to pay immediately in full as described above, the Note
Holder Will have the rfeht to be paid back by me for all of its cost and expenses in
enforcing this Note, whether or not a lavsust 15 brought, to the extént not prahibited by
applicable law, These expenses include, for example, resonable attorneys’ fees.
7. GIVING OF NOTICES
Unioss applicable law requires a different method, any notice that must be given to me under this
Note will bo given by delivering 4¢ or by mailing it by first class to me at the Property Address
above or at a different address if 7 give the Note Holder a notica of my different address.
Any notice that must bo siven to the Note Helder under this Mots will be given by nailing it by
first clasa pail to tho Note Holder at the address stated in Section 3CA) sbove or at a different
address if [ am given notice of that different address.
8 OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Noto, each person is fully and personslly obligated to kenp
all of the promises made in this Note, including tho promise te pay the full amcunt owed. Any
person who is a guarantor, surety or endorser of this Hate 1s atse ebligated to do these things.
Any persen who takes aver thase obligations, including the obligations of a guarantor, surety or.
endorser of this Note, is alsa obligated te keep all of the promises made in this Hote. The Hote
Hotder may enforen its rights under this Nota against each porson Individually er against’atl of
us together. This means that ny one of us my bo required to pay all of the amounts awed under
this Hote.
9. WAIVERS
2 and any other person whe has obhigations under this Rote waive the rights of Presentnent and
Notice of D4shanar. "Presentment" means the right to requéra tho Note Holder to demand payment
of amounts due. "Wotice of dishonor” aeans the right ta require the Note Holder te give notice
to other persons that amounts due have not been paid.
40. UNIFORM SECURED NOTE
This Noto ds a uniferm instrument with Liafted variations in some Jurisdictions. In addition to
tho protections given to the Note Holder undor this Note, a Mortgage, Dood of Trust or Security
Deed (the "Security Instrument"), dated the same date as this Note, protects the Nate Holder from
possible losses which might result if I do not keep the promises which I mako in this Note, That
Security Instrument describes how and undor what conditions I may be recutred te make immediate
paynent dn full of all amounts I owe under this Note. Some of those conditions read os
follows:
AGREEMENTS ABOUT LENDER’S RIGHTS IF THE PROPERTY 1S SOLD OR TRANSFERRED
Londor may require impediste payment in Full of all sums secured by this Security Instrument
if all or any part of the Property, or 1f any right in the Property, is sold or transferred
without Lender's prior written permission, Lender also may require Inwodiate payment in Fuld
Af = beneficial Interest in Borrower is sold or transferred 2nd Borrower is net o natura}
person. However, Lander shall not require immediate payment in full if this ds prohibites
by Applicable Law.
Hots-itoon Form s080 we opetl Aey.tarerea
PASE 2 OFBf Letiier requires immediate payment in full under this Paragraph 18, Lender will giva me a
noties which statos this requirenent, The notice will give me at least 30 days to make the
required payment, The 50-day period will begin on tho date the notice is given in accordance.
With soction 1B. Tf Ido not make the reauired payment dugips that period, Londer may act te
eoforce its rights unddeSthis Security Instrument without Tiving me any further notice or
Senand for paymont.
(Seal)
OSEPA A GALLO Taorrewer
‘ (Seana
“Borrewer
(sign origina? only?
Purstiand fo CRLR 2705
ul 2103 Ihave com
this ccoumont wit Eko rigcteng pal
foto aty ae
ote toon Form 9260 4008 ECOL Revstis27/01
PAGE SOF 3@ ADDENDUM TO NOTE @ ae
(Prepayment)
THIS ADDENDUM is made this .7thu.. day of and
is incorporated into and intended to form a part of the Note dated the same date as this
Addendum.
1. The Note is modified to provide that = have the right to ‘make
payments of principal at any time before they are due. A prepayment of all of the unpaid
principal is known as a “full prepayment.” A prepayment of only part of the unpaid principal is
known as a "partial prepayment."
Except as provided below, | may. make a full prepayment or a paral
prepayment at any time without paying any penalty. However, if within the first
year(s) after the execution of the Security Instrument | make full Prepayment, | will ‘pay a
prepayment charge as follows:
if within the first year after the execution of the Security Instrument | make full
prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of
the original principal amount. if within the second year after the execution of the Security
Instrument | make full prepayment, ! will pay a prepayment charge in an amount equal to
two percent (2%) of the original principal amount. If within the third year after the
execution of the Security Instrument | make full prepayment, 1 will pay a prepayment
charge in an amount equal to one percent (1%) of the original principal amount.
lf within the first year after the execution of the Security Instrument | make ‘full
prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of
the original principal amount. If within the second year after the execution of the Security
Instrument | make full prepayment, | will pay a prepayment charge in an angunt equal to
two percent (2%) of the original principal amount. é
X.. lf within the first year after the execution of the Security Instrument i make full
prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of
the original principal amount,
2. In the event the maturity of the Note is accelerated for any reason during the
applicable period of the prepayment charge, then the prepayment charge set forth herein
shall be due and payable.
3. All interest, fees and other amounts charged or accruing in connection with the Note
which are considered "interest" within the meaning of section 95 of the National Bank Act
(12 USC & 85; 12 C.F.R. & 7.4001{a)) shall be governed by and Interpreted under South
Dakota law. tn all other respects, the Note and all related documents, as well as the rights,
remedies, and duties of the Lender and the Borrower(s), shall be governed and interpreted
by federal law with respect to national banks and, to the extent not preempted by federal
law, the consumer protection laws of the state in which the real estate is located.
4. All other provisions of the Note are unchanged by this Addendum and remain in full force
and effect.
Dated: __._{Seal)
-Borrower
(Seal)
-Borrower
Pursuen
this éoe
isha
Prepayment Addendum - - PPO20A Rov. 06/06/00Schedule B - Legal DescriptionADVANTAGE FORECLOSURE SERVICES, INC.
Title No. FCL-105216-14 (File No. 300995)
SCHEDULE A
DESCRIPTION
District 0200, Section 647.00 Block 03.00 and Lot 017.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Lake Ronkonkoma, Town of Brookhaven, County of Suffolk
and State of New York, known as and by Lot Number 44 as shown and designated on a certain
map entitled “Map of Shore Haven Estates, Section Two, Lake Ronkonkoma, Town of
Brookhaven, Suffolk County, N.Y.”, surveyed March 16, 1954 by B.J. Bolender, L.S. and filed
in the Office of the Clerk of the County of Suffolk on May 5, 1954 as Map No. 2197;
BEGINNING at a point on the Westerly side of Carol Drive distant 191.95 feet Southerly from
the Southerly end of a curve which connects the Westerly side of Carol Drive and the Southerly
side of South Woodland Street;
RUNNING THENCE South 23 degrees 50 minutes 35 seconds East, 70.00 feet along the
Westerly side of Carol Drive;
THENCE South 66 degrees 09 minutes 25 seconds West, 106.67 feet;
THENCE North 26 degrees 34 minutes 00 seconds West, 70.08 feet;
THENCE North 66 degrees 09 minutes 25 seconds East, 110.00 feet to a point on the Westerly
side of Carol Drive to the point of BEGINNING.
Premises known as 16 Carol Drive, Lake Ronkonkoma, New York
SCHEDULE BSchedule C - Defendants
JOSEPH A. GALLO Record owner and original mortgagor.
Also that a Chapter 13 Bankruptcy was filed on
November 6, 2008 by Joseph A. Gallo under BK# 8-
08-76264-ast; which bankruptcy was discharged
October 16, 2013 and terminated December 19, 2013.
JEANETTE GALLO Record owner and original mortgagor.
Also that a Chapter 7 Bankruptcy was filed March
7, 2012 by Jeannette C Gallo A/K/A Jeannette C
Madina under BK # 8-12-71376-ast; which
Bankruptcy was discharged June 5, 2012 and
terminated June 5, 2012.
VELOCITY INVESTMENTS LLC Holder of judgment(s).
CACY OF COLORADO LLC Holder of judgment(s).
MERRICK BANK CORPORATION Holder of judgmeni(s).
ESTHER PIMENTEL Holder of judgment(s).
CAPITAL ONE BANK USA NA AS Holder of judgment(s).
SUCCESSOR IN INTEREST TO
CAPITAL ONE BANK
HSBC BANK NEVADA NA Holder of judgment(s).
JOHN DOR being fictitious, the names unknown to Plaintiff
intended to be tenants, occupants, persons or
corporations having or claiming an interest in or
lien upon the property described in the complaint
or their heirs at law, distributees, executors,
administrators, trustees, guardians, assignees,
creditors or successors.Live Database: nyeb_live Page 1 of 12
CLOSED
U.S. Bankruptey Court
Eastern District of New York (Central Islip)
Bankruptcy Petition #: 8-08-76264-ast .
Date filed: 11/06/2008
Assigned to: Judge Alan S Trust Date terminated: 12/19/2013
Chapter 13 Debtor discharged: 10/16/2013
Voluntary Pian confirmed: 03/19/2009
Asset 341 meeting: 12/09/2008
Debtor disposition: Standard Discharge
Debtor represented by Paul H Rethier
Joseph A. Gallo 33 Rosedale Road
16 Carol Dr. P.O. Box 307
Lake Ronkonkoma, NY 11779 Sound Beach, NY 11789
SUFFOLK-NY, (631) 744-6330
SSN / TING Email: jokerwak@optonline.net
Trustee represented by Marianne DeRosa
Marianne DeRosa Standing Chapter 13 Trustee
Standing Chapter 13 Trustee 115 Eileen Way
115 Eileen Way Suite 105
Suite 105 Syosset, NY 11791
Syosset, NY 11791 (516) 622-1340
(516) 622-1340 Fax : (516) 622-1347
Email: Derosa@ch]3mdr.com
U.S. Trustee
United States Trustee
Long Island Federal Courthouse
560 Federal Plaza - Room 560
Central Islip, NY 11722-4437
(631) 715-7800
Filing Date # Docket Text
i Chapter 13 Voluntary Petition. Fee Amount $274
(46 pgs) Filed by Paul H Rethier on behalf of Joseph A. Gallo
Government Proof of Claim due by 05/5/2009.
11/06/2008 (Rethier, Paul) (Entered: 11/06/2008)
11/06/2008 2
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Page 2 of 12
Chapter 13 Plan dated November Ist 2008 Filed by
Paul H Rethier on behalf of Joseph A. Gallo.
(Rethier, Paul) (Entered: 11/06/2008)
Certificate of Credit Counseling for Debtor dated
July 10th 2008 Filed by Paul H Rethier gn behalf of
Joseph A. Gallo (Rethier, Paul) (Entered:
11/06/2008)
Employee Income Records / Copies of Pay
Statements Filed by Paul H Rethier on behalf of
Joseph A. Gallo (Rethier, Paul) (Entered:
11/06/2008)
Pre-Petition Statement Pursuant to LR 2017-1 Filed
by Paul H Rethier on behalf of Joseph A. Gallo
(Rethier, Paul) (Entered: 11/06/2008)
Meeting of Creditors Chapter 13 & Appointment of
Chapter 13 Trustee Marianne DeRosa with 341 (a)
Meeting to be held on 12/09/2008 at 11:00 AM at
Room 561, 560 Federal Plaza, CI, NY . Proof of
Claims due by 03/09/2009 . (Entered: 11/06/2008)
Receipt of Voluntary Petition (Chapter 13)(8-08-
76264) [misc,volp 13a] (274.00) Filing Fee. Receipt
number 4361067. Fee amount 274.00. (U.S.
Treasury) (Entered: 11/06/2008)
Notice of Appearance and Request for Notice Filed
by Dennis Jose on: behalf of Wells Fargo Bank, NA
(Jose, Dennis) (Entered: 11/11/2008)
11/12/2008
Request for Notice - Chapter 13 Meeting of
Creditors and Hearing on Confirmation.
Confirmation hearing to be held on 1/8/2009 at
09:00 AM at Courtroom 960 (AST), CT, NY. Last
day to Object to Confirmation 1/8/2009. Objections
to 523 due by 2/9/2009. (dnb) (Entered: 11/12/2008)
11/14/2008
BNC Certificate of Mailing with Summary of Plan
Service Date 11/14/2008. (Admin.) (Entered:
11/15/2008)
11/14/2008
BNC Certificate of Mailing - Meeting of Creditors
Service Date 11/14/2008. (Admin.) (Entered:
11/15/2008)
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11/14/2008
12/12/2008
BNC Certificate of Mailing with Notice of
Electronic Filing Service Date 11/14/2008. (Admin.)
(Entered: 11/15/2008)
Chapter 13 Meeting of Creditors Held and Closed.
(DeRosa, Marianne) (Entered: 12/12/2008)
dt Objection to Confirmation of Plan Filed by Dennis
(5 pgs; 3 docs) |} Jose on behalf of Wells Fargo Bank, NA (RE:
related document(s)2 Chapter 13 Plan filed by
Debtor Joseph A. Gallo). (Attachments: 1 Proof of
Claim2 Certificate of Service) (Jose, Dennis)
12/22/2008 (Entered: 12/22/2008)
Confirmation hearing to be held on 3/12/2009 at
11:00 AM at Courtroom 960 (AST), Cl, NY. (ymm)
(Entered: 01/18/2009)
01/08/2009
First Amended Chapter 13 Plan dated January 8th
2009 Filed by Paul H Rethier on behalf of Joseph A.
Gallo (RE: related document(s)2 Chapter 13 Plan
filed by Debtor Joseph A, Gallo). (Rethier, Paul)
| Modified on 1/12/2009 for clarification (dnb).
(Entered: 01/10/2009)
01/10/2009
13 Amended Statement of Current Monthly Income in
(8 pgs) the amount of $9,708 (Means Test - Chapter 13)
Dated January 8th 2009. Filed by Paul H Rethier on
behalf of Joseph A. Gallo (Rethier, Paul) (Entered:
01/10/2009)
01/16/2009
Affidavit Re: Contribution of income to household
by debtors non filing spouse dated January 7th 2009
Filed by Paul H Rethier on behalf of Joseph A. Gallo
{Rethier, Paul) (Entered: 01/10/2009)
01/10/2009
Affirmation of Compliance: Affidavit signed by
debtor on January 8th 2009 Filed by Paul H Rethier
on behalf of Joseph A. Gallo (Rethier, Paul)
(Entered: 01/10/2009)
01/10/2009
Amended Schedule(s), Statement(s) and Affidavit
LR1009-I(a) Schedule I, Schedule J, Filed by Paul H
Rethier on behalf of Joseph A. Gallo (Attachments: 1
Affidavit 1009a Affirmation) (Rethier, Paul)
(Entered: 01/10/2009)
(4 pgs; 2 docs)
01/10/2009
01/20/2009
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17
i Notice of Assignment of Claim. Transfer Agreement
(3 pgs; 3 docs)
3001 (e) 2 Transferor: WORLD FINANCIAL
NETWORK NATIONAL BANK (Claim No. 4) To
Roundup Funding, LLC Filed by Roundup Funding,
LLC. (Tran, Linh) (Entered: 01/20/2009)
Letter Withdrawing the Objection to Confirmation of
Plan Filed by Dennis Jose on behalf of Wells Fargo
Bank, NA (RE: related document(s)11 Objection to
Confirmation of the Plan filed by Creditor Wells
Fargo Bank, NA) (Jose, Dennis) (Entered:
01/20/2009 01/20/2009)
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 01/23/2009.
01/23/2009 (Admin.) (Entered: 01/24/2009)
Chapter 13 Trustee's Motion to Dismiss Case.
Hearing scheduled for 3/12/2009 at 11:00 AM at
Courtroom 960 (AST), CI, NY, (DeRosa, Marianne)
(Entered: 02/09/2009)
02/09/2009
2b Affirmation of Compliance: regarding payment of
(pg) post petition mortgage payments dated February
18th 2009 Filed by Paul H Rethier on behalf of
Joseph A. Gallo (Rethier, Paul) (Entered:
02/18/2009)
02/18/2009
Hearing Held; (RE: related document(s)12 Amended
Chapter 13 Plan filed by Debtor Joseph A. Gallo -
Plan Confirmed dated 1/8/09. Submit Order (ymm)
(Entered: 03/17/2009)
03/12/2009
Hearing Held; (RE: related document(s)20 Chapter
13 Trustee's Motion to Dismiss Case) -
WITHDRAWN, So Ordered by /s/ Alan S. Trust.
Endorsed on Calendar dated 3/12/09. (This is a text
Order, no document is attached.) (ymm) (Entered:
03/19/2009)
03/12/2009
22 Order Confirming Chapter 13 Plan (RE: related
(1 pg) document(s) {2 Granting Amended Chapter 13 Plan
filed by Debtor Joseph A. Gallo). Signed on
3/19/2009 (dnb) (Entered: 03/19/2009)
03/19/2009
04/29/2009 3 Joint Notice of Assignment of Claim. Transfer
(8 pgs: 5 docs) | Agreement 3001 (e) 2 Transferor: American Express
Bank FSB (Claim No. 9) To LVNV Funding LLC as
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assignee of American Express Filed by LVNV
Funding LLC its successors and assigns as assignee
of American Express Bank FSB. (Montjoy, Joyce)
(Entered: 04/29/2009)
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 05/03/2009.
(Admin.) (Entered: 05/04/2009)
15/03/2009
25
(3 pgs; 3 docs)
Notice of Assignment of Claim. Transfer Agreement
3001 (e) 2 Transferor: Chase Bank USA NA (Claim
No. 25) To eCAST Settlement Corporation Filed by
Alane Becket on behalf of eCAST Seitlement
Corporation. (Becket, Alane)} (Entered: 05/04/2009) |
05/04/2009
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 05/07/2009,
05/07/2009 (Admin.) (Entered: 05/08/2009)
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 05/17/2009.
05/17/2009 (Admin.) (Entered: 05/18/2009)
Chapter 13 Trustee's Motion to Dismiss Case.
Hearing scheduled for 9/24/2009 at 11:00 AM at
Courtroom 960 (Judge Trust), CI, NY. (DeRosa,
Marianne) (Entered: 09/02/2009)
09/02/2009
Affidavit in Opposition by debtor dated September
9th 2009, with 2008 tax return Filed by Paul H
Rethier on behalf of Joseph A. Gallo (RE: related
document(s)28 Chapter 13 Trustee's Motion to
Dismiss Case) (Rethier, Paul) (Entered: 09/10/2009)
09/10/2009
Affidavit/Certificate of Service by mail dated
September 10th 2009 Filed by Paul H Rethier on
behalf of Joseph A. Gallo (RE: related document(s)
29 Affirmation in Opposition filed by Debtor Joseph
A. Gallo) (Rethier, Paul) (Entered: 09/10/2009)
09/10/2009
Adjourned Without Hearing - Hearing scheduled for
11/5/2009 at 11:00 AM at Courtroom 960 (Judge
Trust), CI, NY. (RE: related document(s)2& Chapter
13 Trustee's Motion to Dismiss Case) (ymm)
(Entered: 10/02/2009)
09/24/2009
11/05/2009 Adjourned Without Hearing (related document(s): 28
Chapter 13 Trustee’s Motion to Dismiss Case)
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3t
(3 pgs; 3 docs)
12/23/2009
01/02/2010
01/14/2010
Page 6 of 12
Hearing scheduled for 01/14/2010 at 11:00 AM at
Courtroom 960 (Judge Trust), CI, NY. (ymills)
(Entered: 11/10/2009)
Notice of Assignment of Claim. Transfer Agreement
3001 (e) 2 Transferor: GE Money Bank (Claim No.
3) To CR Evergreen, LLC Filed by Linh K Tran on
behalf of CR Evergreen, LLC. (Tran, Linh) (Entered:
12/23/2009)
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 01/02/2010.
(Admin.) (Entered: 01/03/2010)
Hearing Held; (related document(s): 28 Chapter 13
Trustee's Motion to Dismiss Case) - WITHDRAWN,
So Ordered by /s/ Alan S. Trust. Endorsed on
Calendar dated 1/14/10. (This is a text Order, no
document is attached.) (ymills) (Entered:
02/01/2010)
33
(3 pgs: 3 docs)
02/11/2010
34
(2 pgs)
02/14/2010
Notice of Assignment of Claim. Transfer Agreement
3001 (e) 2 Transferor: TARGET NATIONAL
BANK (Claim No. 26) To Roundup Funding, LLC
Filed by Linh K Tran on behalf of Roundup
Funding, LLC, (Tran, Linh) (Entered: 02/11/2010)
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 02/14/2010.
(Admin.) (Entered: 02/15/2010)
35
(3 pgs; 3 does)
10/04/2010
Notice of Assignment of Claim. Transfer Agreement
3001 (e) 2 Transferor: LVNV Funding LLC its
successors and assigns (Claim No. 10) To Portfolio
Recovery Associates, LLC Filed by PRA
Receivables Management LLC. (Garcia, Dolores)
(Entered: 10/04/2010)
10/07/2010
BNC Certificate of Mailing with Notice of
Assignment of Claim Service Date 10/07/2010.
(Admin.) (Entered: 10/08/2010)
06/24/2011
Notice of Appearance and Request for Notice Filed
by B-Line, LLC. (Kane, Steven) (Entered:
06/24/2011)
11/25/2011
Debtor's Certification of Postpetition Completion of
Instructional Course and/or Certificate of Financial
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Management Course Filed for Debtor. Debtor
Certificate Number: 14424-NYE-DE-016328556
Filed by Paul H Rethier on behalf of Joseph A. Gallo
(Rethier, Paul) (Entered: 11/25/2011)
39
39 Joint Notice of Assignment of Claim. Transfer
(7 pgs; 3 docs)
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LEC (Claim No. 20) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/06/2011)
12/06/2011
40
40 Joint Notice of Assignment of Claim. Transfer
(7 pgs; 3 docs)
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 21) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/06/2011)
12/06/2011
4}
AL Joint Notice of Assignment of Claim. Transfer
(7 pgs; 3 docs)
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 22) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/06/2011)
12/06/2011
42
42 Joint Notice of Assignment of Claim. Transfer
(7 pgs; 3 does)
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 23) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
12/06/2011 (Entered: 12/06/2011)
43
43 Joint Notice of Assignment of Claim. Transfer
(7 pgs; 3 docs)
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 24) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
12/06/2011 (Entered: 12/06/2011)
44 BNC Certificate of Mailing with Notice of
(3 pgs) Assignment of Claim Notice Date 12/10/2011.
12/10/2011 (Admin.) (Entered: 12/11/2011)
45 BNC Certificate of Mailing with Notice of
(3 pgs) Assignment of Claim Notice Date 12/10/2011.
12/10/2011 (Admin.) (Entered: 12/11/2011)
46 BNC Certificate of Mailing with Notice of
(3 pgs) Assignment of Claim Notice Date 12/10/2011.
12/10/2011 {Admin.) (Entered: 12/11/2011}
12/10/2011
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(2/10/2011
Ag
G pgs)
Page 8 of 12
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/10/2011.
(Admin.) (Entered: 12/11/2011)
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/10/2011.
(Admin.) (Entered: 12/11/2011)
12/15/2011
12/17/2011
Ag
(7 pgs; 3 does)
50
(7 pgs; 3 docs)
Joint Notice of Assignment of Claim. Transfer
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 26) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/15/2011)
Joint Notice of Assignment of Claim. Transfer
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 4) To East Bay Funding, LLC Filed
by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/17/2011)
12/17/2011
12/18/2011
SL
(7 pgs; 3 docs)
Joint Notice of Assignment of Claim. Transfer
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 11) To East Bay Funding, LLC
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/17/2011)
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/18/2011.
(Admin.) (Entered: 12/19/2011)
12/21/2011
12/21/2011
12/24/2011
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/21/2011.
(Admin.) (Entered: 12/22/2011)
(7 pgs; 3 docs)
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/21/2011.
(Admin.) (Entered: 12/22/2011)
Joint Notice of Assignment of Claim. Transfer
Agreement 3001 (e) 2 Transferor: CR Evergreen,
LLC (Claim No. 3) To East Bay Funding, LLC Filed
by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/24/2011)
12/24/2011
6
(7 pgs; 3 docs)
Joint Notice of Assignment of Claim. Transfer
Agreement 3001 (e) 2 Transferor: Roundup Funding,
LLC (Claim No. 19) To East Bay Funding, LLC
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12/29/2011
12/29/2011
01/31/2012
Page 9 of 12
Filed by East Bay Funding, LLC. (Montjoy, Joyce)
(Entered: 12/24/2011)
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/29/2011,
(Admin.) (Entered: 12/30/2011)
BNC Certificate of Mailing with Notice of
Assignment of Claim Notice Date 12/29/2011.
(Admin.) (Entered: 12/30/2011)
Statement Consent to substitute attorney for Wells
Fargo Bank, NA Filed by Royston Mendonza on
behalf of Wells Fargo Bank, NA (Mendonza,
Royston) (Entered: 01/31/2012)
03/22/2012
05/17/2012
6L
(12 pgs; 6 does)
Notice of Appearance and Request for Notice Filed
by Tammy L Terrell Benoza on behalf of WELLS
FARGO BANK, N.A. (Terrell Benoza, Tammy)
(Entered: 03/22/2012)
Motion to File Claim After Claims Bar Date Filed by
Sydelle Pittas on behalf of Massachusetts
Educational Financing Authority. Hearing scheduled
for 7/24/2012 at 09:30 AM at Courtroom 960 (Judge
Trust), CI, NY. Order to be presented for signature
on 5/17/2012. (Attachments: # 1 Affidavit Affidavit
in support of motion# 2 Proposed Order # 3 Proof of
Claim form# 4 Exhibit Promissory note# 3 Exhibit
Account summary) (Pittas, Sydelle). Modified on
5/18/2012 (Attorney contacted to file an "Amended
notice of motion/presentment" , indicating whether
or not matter will be heard or be presented for
signature).(dnb), (Entered: 05/17/2012)
05/18/2012
62
(13 pgs; 7 docs)
Amended Notice of Presentment. Objections to be
filed on June 5, 2012. Hearing on Objections, if
any.to be scheduled by the Court Filed by Sydelle
Pittas on behalf of Massachusetts Educational
Financing Authority (RE: reiated document(s)6L
Motion to Pile Claim After Claims Bar Date filed by
Creditor Massachusetts Educational Financing
Authority) Order to be presented for signature on
6/20/2012. (Attachments: # | Motion to file proof of
claim late# 2 Affidavit # 3 Certificate of service#t 4
Proof of claim# 5 Exhibit Promissory note# 6
Exhibit Account summary) (Pittas, Sydelle)
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Modified on 5/21/2012 (to omit hearing on
objection's date)(dnb). (Entered: 05/18/2012)
Affirmation in Opposition dated June Sth 2012 Filed
by Paul H Rethier on behalf of Joseph A. Gallo (RE:
related document(s)6 Motion to File Claim After
Claims Bar Date filed by Creditor Massachusetts
Educational Financing Authority) (Rethier, Paul)
(Entered: 06/05/2012)
06/05/2012
Affidavit/Certificate of Service by mail, dated June
Sth 2012 Filed by Paul H Rethier on behalf of Joseph
A. Gallo (RE: related document(s)63 Affirmation in
Opposition filed by Debtor Joseph A. Gallo)
(Rethier, Paul) (Entered: 06/06/2012)
06/06/2012
Amended Notice of Motion/Presentment noticing
July 24, 2012 hearing date Filed by Sydetle Pittas on
behalf of Massachusetts Educational Financing
Authority (RE: related document(s)61 Motion to File
Claim After Claims Bar Date filed by Creditor
Massachusetts Educational Financing Authority)
Hearing scheduled for 7/24/2012 at 11:00 AM at
Courtroom 960 (Judge Trust), CI, NY. (Pittas,
Sydelle) (Entered: 06/19/2012)
06/19/2012
66 Letter Providing Notice of Court Hearing Filed by
(2 pgs) Sydelle Pittas on behalf of Massachusetts
Educational Financing Authority Hearing scheduled
for 7/24/2012 at 11:00 AM at Courtroom 960 (Judge
Trust), CI, NY. (Pittas, Sydelle) (Entered:
06/19/2012)
06/19/2012
67 Motion to Appear pro hac vice Filed by Sydelle
(5 pgs) Pittas on behalf of Massachusetts Educational
07/18/2012 Financing Authority. (dnb) (Entered: 07/18/2012)
68 Order Granting Motion for Sydelle Pittas To Appear
Ci pe) pro hac vice on behalf of Massachusetts Educational
Financing Authority and pay a $25.00 attorney
admission fee to the United States District Court
with a copy of this Order within 10 business days of
the date of this Order. The Clerk of the Bankruptcy
Court is directed to enter the above attorney's
appearance as counsel in this case (Related Doc #
67). Signed on 7/19/2012. (dnb) (Entered:
07/19/2012 07/19/2012)
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07/24/2012 Hearing Held; (related document(s): 61 Motion to
File Claim After Claims Bar Date filed by
Massachusetts Educational Financing Authority)
Appearances by Attorney for Debtor, Debtor and
Attorney for Creditor - Motion Granted as per terms
stated on the record - Settle Order on 7 days notice
(ymills) (Entered: 07/24/2012) .
Affidavit/Certificate of Service Filed by Sydelle
Pittas on behaif of Massachusetts Educational
Financing Authority (RE: related document(s)67
Motion to Appear Pro Hac Vice filed by Creditor
Massachusetts Educational Financing Authority)
(Pittas, Sydelle) (Entered: 07/26/2012)
07/26/2012
Notice of Settlement of Proposed Order Filed by
Sydelie Pittas on behalf of Massachusetts
Educational Financing Authority (RE: related
document(s)61 Motion to File Claim Afler Claims
Bar Date filed by Creditor Massachusetts
Educational Financing Authority) (Pittas, Sydelle)
(Entered: 08/07/2012)
08/07/2012
7 Order Granting MEFA's Motion to file a late proof
(2 pgs) of claim as set forth in order. MEFA may file a late
proof of claim for the educational debt asset forth in
the Motion. Once MEFA has filed a proof of claim,
the Chapter 13 Trustee shall pay MEFA's claim
through the remainder of the term of the Chapter 13
plan pro rata with other unsecured claims; provided
however, that no change shall be made to dividends
calculated or distributed to other unsecured creditors
prior to the filing of MEFA's proof of claim; the
remaining unpaid balance of MEFA's proof of claim
not paid under the Debtor's Chapter 13 Plan shall be
non-dischargeable pursuant to [1 U.S.C.§ 523(a)(8)
(Related Doc # 61). Signed on 8/16/2012. (dnb)
(Entered: 08/16/2012)
08/16/2012
7 Court's Service List (RE: related document(s)71
(3 pgs; 2 docs) | Order on Motion To File Claim After Claims Bar
Date) (dnb) (Entered: 08/16/2012)
08/16/2012
Chapter 13 Debtor's Certifications Regarding
(2 pgs) Domestic Support Obligations and Section 522(q)
Filed for Debtor Filed by Paul H Rethier on behalf of
Joseph A. Gallo (Rethier, Paul) (Entered:
10/01/2013)
10/01/2013
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10/15/2013 74 Trustee's Certification of Completed Plan. (DeRosa,
(1 pg) Marianne) (Entered: 10/15/2013)
75 Order Discharging Debtor. Signed on 10/16/2013
10/16/2013 (4 pgs; 2 docs) | (dnb) (Entered: 10/16/2013)
76 BNC Certificate of Mailing with Order of Discharge
(5 pgs) Notice Date 10/18/2013. (Admin.) (Entered:
10/18/2013 10/19/2013)
27
Notice of Final Cure Mortgage Payment re: Rule
3002.1 . Filed by Marianne DeRosa. (DeRosa,
10/30/2013 Marianne) (Entered: 10/30/2013)
(Duplicate) Trustee's Certification of Completed
Plan, (DeRosa, Marianne) Modified on 11/19/2013
11/18/2013 to clarify (dnb). (Entered: 11/18/2013)
Chapter 13 Trustee Final Report and Account,
12/18/2013 (DeRosa, Marianne) (Entered: 12/18/2013)
80 Final Decree Chapter 12/13. Signed on 12/19/2013
12/19/2013 (2 pgs; 2 docs) | (dnb) (Entered: 12/19/2013)
Bankruptcy Case Closed (dnb) (Entered:
12/19/2013 12/19/2013)
PACER Service Center
Transaction Receipt
06/10/2014 15:14:37
PACER Client
Login: P3373 Nicode:
8-08-76264-ast Fil or Ent: filed Doc
|From: 0 Doe To: 99999999 Term:
[Docket Search |f,oided Headers: included Format:
Report Criteria:
|Description:
html Page counts for documents:
included
Bilfable I Cost: v.60
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MEANSNO, RELATED, Repeat, PRVDISCH, CLOSED
U.S. Bankruptey Court
Eastern District of New York (Central Islip)
Bankruptcy Petition #: 8-12-71376-ast .
Date filed: 03/07/2012
Assigned to: Judge Alan § Trust Date terminated: 06/05/2012
Chapter 7 Debtor discharged: 06/05/2012
Voluntary 341 meeting: 04/05/2012
No asset Deadline for objecting to discharge: 06/04/2012
Deadline for financial mgmt. course: 06/04/2012
Dehtor disposition: Standard Discharge
Debtor represented by Paul H Rethier
Jeannette C. Gallo 33 Rosedale Road
16 Carol Dr. P.O. Box 307
Lake Ronkonkoma, NY 11779 Sound Beach, NY 11789
SUFFOLK-NY (631) 744-6330
SSN / ITIN: Bee Email: jokerwak@optonline.net
aka Jeannette C. Madina
Trustee
Mare A Pergament
Weinberg Gross & Pergament
400 Garden City Plaza
Suite 403
Garden City, NY 11530
(516) 877-2424
U.S. Trustee
United States Trustee
Long Islarid Federal Courthouse
560 Federal Plaza - Room 560
Central Islip, NY 11722-4437
(631) 715-7800
Filing Date # Docket ‘Text
L Chapter 7 Voluntary Petition. Fee Amount $306 Filed
(46 pgs) by Paul H Rethier on behalf of Jeannette C. Gallo
03/07/2012 (Rethier, Paul) (Entered: 03/07/2012)
03/07/2012 2 Certificate of Credit Counseling for Debtor Filed by
(I pg) Paul H Rethier on behalf of Jeannette C. Gallo
(Rethier, Paul) (Entered: 03/07/2012)
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03/07/2012
3
(5 pgs)
Page 2 of 4
Employee Income Records / Copies of Pay Statements
Filed by Paul H Rethier on behalf of Jeannette C.
Gallo (Rethier, Paul} (Entered: 03/07/2012)
03/07/2012
03/07/2012
03/07/2012
03/08/2012
03/08/2012
03/08/2012
Pre-Petition Statement Pursuant to LR 2017-1 Filed
by Paul H Rethier on behalf of Jeannette ©. Gallo
(Rethier, Paul) (Entered: 03/07/2012)
Receipt of Voluntary Petition (Chapter 7)(8-12-
71376) [misc,volp7a] ( 306.00) Filing Fee. Receipt
number 9741
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INDEX NO. 064870/2014 RECEIVED NYSCEF: 06/25/2014 (FILED: SUFFOLK COUNTY CLERK 06/2572014 ~~ NYSCEF DOC. NO. 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK weceee ence enenanennnnneenninnnnnannnnaananenmanennnnmnnmnn nme U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO WILMINGTON TRUST COMPANY, AS SUCCESSOR TRUSTEE TO BANK. OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK. NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN XS TRUST, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-3 SUMMONS Plaintiff, ORIGINAL FILED WITH THE vs. CLERK ON JOSEPH A. GALLO, JEANETTE GALLO, CACV INDEX NO.: OF COLORADO LLC, CAPITAL ONE BANK USA NA AS SUCCESSOR IN INTEREST TO MORTGAGED PREMISES: CAPITAL ONE BANK, ESTHER PIMENTEL, 16 CAROL DRIVE HSBC BANK NEVADA NA, MERRICK BANK. CORPORATION, VELOCITY INVESTMENTS LLC, LAKE RONKONKOMA, NY 11779 SBL#: JOHN DOE (being fictitious, the names DISTRICT 0200, unknown to Plaintiff intended to be SECTION 647.00, tenants, occupants, persons or BLOCK 03.00, corporations having or claiming an. LOT 017.000 interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.) Defendant(s). TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in the above captioned action and to 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 whete 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.NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving a copy of the answer on the attorney for the mortgage company whe filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action, YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILLING THE ANSWER WITH 'THIE COURT. Suffolk County is designated as the place of trial. The basis of venue is the location of the mortgaged premises foreclosed herein. DATED: June [7 ,2014 By: awh. 4. ¢ Lynas Sarah kK. Hyman, Esq. Gross Polowy, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ee nnn nn x U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO WILMINGTON TRUST COMPANY, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR, LEHMAN XS TRUST, MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2007-3 Plaintiff, COMPLAINT VS. INDEX NO.: JOSEPH A. GALLO, JEANETTE GALLO, CACV MORTGAGED PREMISES: OF COLORADO LLC, CAPITAL ONE BANK USA 16 CAROL DRIVE NA AS SUCCESSOR IN INTEREST TO LAKE RONKONKOMA, NY 11779 CAPITAL ONE BANK, ESTHER PIMENTEL, HSBC BANK NEVADA NA, MERRICK BANK SBL #: CORPORATION, VELOCITY INVESTMENTS LLC, DISTRICT 0200, SECTION 647.00, JOHN DOE (being fictitious, the names BLOCK 03.00, unknown to Plaintiff intended to be LOT 017.000 tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or SUCCESSOIS.) Defendant(s). cee ete en nneen enn enecnene ene nenunanentenmnannnnnnnennnnne! x The Plaintiff by its attorneys, Gross Polowy, LLC, for its complaint against the Defendant(s) alleges upon information and belief as follows: i. Plaintiff is a national association organized and existing under the laws of the United States of America and the owner and holder of the subject note and mortgage or has been delegated authority to institute this mortgage foreclosure action by the owner and holder of the subject note and mortgage. Attached hereto as Schedule A is an attorney certified copy of the original note. 2. On or about October 7, 2006, Jeanette Gallo and Joseph A. Gallo executed and delivered a note whereby Jeanette Gallo and Joseph A. Gallo promised to pay the sum of $356,500.00 plus interest on the unpaid amount due.3. As security for the payment of the note Joseph A. Gallo and Jeanette Gallo duly executed and delivered a mortgage, which was recorded as follows: Recording Date: November 8, 2006 Book/Page: 21414/260 County of: Suffolk The mortgage was subsequently assigned to U.S. Bank National Association, as Successor Trustee to Wilmington Trust Company, as Successor Trustee to Bank of America, National Association, Successor by Merger to LaSalle Bank National Association, as Trustee for Lehman XS Trust, Mortgage Pass-Through Certificates, Series 2007-3. 4, The mortgaged property is known as 16 Carol Drive, Lake Ronkonkoma, NY 11779, The tax map designation is DISTRICT 0200, SECTION 647.00, BLOCK 03.00, LOT 017.000. Plaintiff is foreclosing the land, buildings, and other improvements located on the property. The property is more fully described in Schedule B attached to this complaint. 5. That Jeanette Gallo and Joseph A. Gallo failed to comply with the conditions of the note and mortgage by not making the payment that was due on February 1, 2013 and subsequent payments. Accordingly, Plaintiff hereby declares the entire amount owed on the note and secured by the mortgage. 6. There is now due and owing on the note and mortgage the following amounts: Principal balance: $342,882.86 Interest Rate: 6.9% Date interest accrues from: January 1, 2013 Together with late charges, monies advanced for taxes, assessments, insurance, maintenance and preservation of the property, and the costs, allowances, expenses of sale, and reasonable attorney's fees for the foreclosure. 7. In order to protect the value of the property and its rights in the property, the Plaintiff may have to pay taxes, assessments, waler charges, insurance premiums and other charges, Plaintiff requests that any amount it pays, together with interest, be included in the total amount due. 8. The defendant(s) claim an interest or lien encumbering the property, which is either subordinate to Plaintiffs mortgage, or paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. The interest or lien of each defendant is set forth in "Schedule C" of this complaint. 9. The interest or lien of any governmental entity of the United States, State, City or local government is set forth in "Schedule D" of this complaint. 10. The John Doe defendant(s) unknown are tenants, occupants, persons or corporations, heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors whose interest or lien is either subordinate to Plaintiff's mortgage, paid in full, equitably subordinated, or adverse to Plaintiff's mortgage. If the mortgagor or owner is deceased, the John Doe defendant(s) are the unknown heirs at law, distributces, executors, administrators, trustees, guardians, assignees, creditors or successors of the mortgagors or owners.11. Plaintiff has complied with sections 1304 and 1306 of the Real Property Actions and Proceedings Law, and the mortgage was originated in compliance with all provisions of section 595-a of the Banking Law and any rules or regulations promulgated there under, and, if applicable, sections 6-1 or 6-m of the Banking law. 12. No action was brought to recover any part of the mortgage debt or if any such action is pending final judgment for Plaintiff was not rendered and it is the intent of the Plaintiff to discontinue it. WHEREFORE, PLAINTIFF DEMANDS: a. Judgment determining the amount due Plaintiff for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. b. That the property be sold at auction to the highest bidder in accordance with the referee's terms of sale. c. That the interest of the defendant(s) and all persons claiming by or through them be foreclosed and their title, right, claim, lien, interest or equity of redemption to the property be forever extinguished. d. That out of the sale proceeds, the Plaintiff be paid the amounts due for principal, interest, late charges, taxes, assessments, insurance, maintenance and preservation of the property, and other similar charges, together with costs, allowances, expenses of sale, reasonable attorney's fees, all with interest. e. That the property be sold in as is condition and subject to the facts an inspection or accurate survey of the property would disclose, covenants, restrictions, easements and public utility agreements of record, building and zoning ordinances and violations, and the equity of redemption of the United States of America. £ That Plaintiff may purchase the property at the sale. That a receiver be appointed for the property, if requested by Plaintiff. That a deficiency judgment against all obligors on the note, for the amount that remains due after distribution of the sale proceeds, unless the debt was discharged in a bankruptcy, be granted if requested by Plaintiff. i. That if the Plaintiff possesses other liens against the property, they not merge with the mortgage being foreclosed and that Plaintiff, as a subordinate lien holder, be allowed to share in any surplus proceeds resulting from the sale. j. That the Court award Plaintiff additional relief that is just, equitable and proper. A Way IyounZ By Sarah K. Hyman, Esq. Gross Polowy, LLC Attorneys for Plaintiff 25 Northpointe Parkway, Suite 25 Amherst, NY 14228 Tel.: 716-204-1700 PoeSchedule A Attached hereto at Schedule A is an attorney certified copy of the original note, reviewed by Plaintiff's counsel herein. If applicable, certain non-public personal information has been redacted from the attached document.BALLOON NOTE ees nee aw $e THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME, YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. Oatober 7, 2906 LAKE RONKONKOMA HEL yor hy State 16 CAROL DRIVE, LAKE RONKONKOHA, NY 12779 Propaily Aaaross 4. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $356,800.00 (this amount is calied “Principal"?, plus interest, to the order of the Lender, The Lender fs WELLS FARGO BANK, HA. I Will make a11 payments under this Note in the form of cash, check er woney order. Lunderstend that the Lander may transfer this Mote, The Lender or anyone who takes this Note by transfer and who 1s entitled to receive paynents under this Note is called the "Kote Helder.” 2. INTEREST Interest will be charged on unpafd principal until the full amount of Prinetpal has been peid. T WALL pay intarest at a yoarly rate of 6.900%, The interest rate required by this Section 2 is the rate £ will pay beth before and after any dafaurt described in Section 6(B) of this Note. 3. PAYMENTS {A) Time and Place of Payments 1 wil1 pay prinetpai and interest by making a payaent every month. 1 wi11 make my aonthly payments on the 1st day of each month beginning on Decenbor, 2006. T Will moke those payaents every month until I have patd all of the principai: and interest and any other charges described below that I may ove under this Nate. Each aonthiy paymont will be applied as of its cehaduked due date and will be applied to interest before Principal, If, © flovomber 1, 2036 E Sti]1 owe amounts under thts Nete, T will pay those amounts in full on that date, which is called the "Maturity Date.” E wilt make my monthly payments at: WELLS FARGO BANK, NA. Bf, BOX 17852, BALTIMORE, HD 21297-1339 or ata different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S, $2,189.56. 4, BORROWER'S RIGHT TO PREPAY I haye the right to make paynants of Principal at any time before they are duc. A-poyment of Prineipal only is know as a “Prepayment.” when © make a Prepayment, f will tell the Note Holder in writing that I am doing se. £ way not designate a payment as a Prepayment if i have not sade all the aonthly payments dus under this Note. 1 may meke a full Prepayment or partiel Prepayments without paying 4 Prepayment sharus. The Note Hotdor will use my Prepayments to reduces the agount of Principal that T awe under this Hote, Havever, the Nete Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before -voglying my Prepaynent to reduce the Princinat amount of this Note. Tf T make a partial Propaymont, there vill be ne changes in the due date or In the amount of wy ronthiy payaant unless the Note Helder agrees in writing to those changes. 5. LOAN CHARGES If a law, whieh applies to this Lean and which sets maximum loan charges, is finally interpreted 50 that the interest er other Loan charges collectad or to bi collected in connection with this Loan exceed the permitted Limits, then: (a) any such loan charge shal2 be reduced by the amount necessary to reduec the charge to the veraitted limit; and (@) any suns already collected from me Which excceded gormittad Limits will by refunded ts me. The Note Holder may choose to make this refund by reducing tho Principal 1 owe under this Hote or by making a direct payaont to me. If 3 rafund reduces Princical, the reduction will be treated as 2 partial Prepayaent Not tlicon Form 5060. 108 ecosnL_ Ey, onfosIe PSE OFZ6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Heldor has not received the full amount of any wcnthiy paysent by the end of 15 calendar days atter tha date it 4s due, I will pay 9 tate charge to the Note Holder. The amount of the charge will be 2.000% of my overdue payment of princtpal and interest. Ewill pay this lato charga promptly but only once on esck late paynent. (B) Default If T da net pay the full amount of cach monthly payment on the dato it is dua, I will bo in default, (C} Notice of Default Lf 1 am in default, the Note Helder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Noto Holder may require me to pay immediately the full amount of Principal whieh has net boen paid and all the’ interest that I ove on thet amount. That date must ba at Least 30 days after the date on which the notice is mailed to mo or delivered by other moans. (D) No Waiver By Note Holder Even if, at 2 tie when I am in default, the Note Helder does not require me to pay inmedintely In fUli as described above, tho Hote Holder will still have the right to de so if T am in default at a later tino. - (E) Payment of Note Holder’s Costs and Expenses If the Nota Holder has required me to pay immediately in full as described above, the Note Holder Will have the rfeht to be paid back by me for all of its cost and expenses in enforcing this Note, whether or not a lavsust 15 brought, to the extént not prahibited by applicable law, These expenses include, for example, resonable attorneys’ fees. 7. GIVING OF NOTICES Unioss applicable law requires a different method, any notice that must be given to me under this Note will bo given by delivering 4¢ or by mailing it by first class to me at the Property Address above or at a different address if 7 give the Note Holder a notica of my different address. Any notice that must bo siven to the Note Helder under this Mots will be given by nailing it by first clasa pail to tho Note Holder at the address stated in Section 3CA) sbove or at a different address if [ am given notice of that different address. 8 OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Noto, each person is fully and personslly obligated to kenp all of the promises made in this Note, including tho promise te pay the full amcunt owed. Any person who is a guarantor, surety or endorser of this Hate 1s atse ebligated to do these things. Any persen who takes aver thase obligations, including the obligations of a guarantor, surety or. endorser of this Note, is alsa obligated te keep all of the promises made in this Hote. The Hote Hotder may enforen its rights under this Nota against each porson Individually er against’atl of us together. This means that ny one of us my bo required to pay all of the amounts awed under this Hote. 9. WAIVERS 2 and any other person whe has obhigations under this Rote waive the rights of Presentnent and Notice of D4shanar. "Presentment" means the right to requéra tho Note Holder to demand payment of amounts due. "Wotice of dishonor” aeans the right ta require the Note Holder te give notice to other persons that amounts due have not been paid. 40. UNIFORM SECURED NOTE This Noto ds a uniferm instrument with Liafted variations in some Jurisdictions. In addition to tho protections given to the Note Holder undor this Note, a Mortgage, Dood of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Nate Holder from possible losses which might result if I do not keep the promises which I mako in this Note, That Security Instrument describes how and undor what conditions I may be recutred te make immediate paynent dn full of all amounts I owe under this Note. Some of those conditions read os follows: AGREEMENTS ABOUT LENDER’S RIGHTS IF THE PROPERTY 1S SOLD OR TRANSFERRED Londor may require impediste payment in Full of all sums secured by this Security Instrument if all or any part of the Property, or 1f any right in the Property, is sold or transferred without Lender's prior written permission, Lender also may require Inwodiate payment in Fuld Af = beneficial Interest in Borrower is sold or transferred 2nd Borrower is net o natura} person. However, Lander shall not require immediate payment in full if this ds prohibites by Applicable Law. Hots-itoon Form s080 we opetl Aey.tarerea PASE 2 OFBf Letiier requires immediate payment in full under this Paragraph 18, Lender will giva me a noties which statos this requirenent, The notice will give me at least 30 days to make the required payment, The 50-day period will begin on tho date the notice is given in accordance. With soction 1B. Tf Ido not make the reauired payment dugips that period, Londer may act te eoforce its rights unddeSthis Security Instrument without Tiving me any further notice or Senand for paymont. (Seal) OSEPA A GALLO Taorrewer ‘ (Seana “Borrewer (sign origina? only? Purstiand fo CRLR 2705 ul 2103 Ihave com this ccoumont wit Eko rigcteng pal foto aty ae ote toon Form 9260 4008 ECOL Revstis27/01 PAGE SOF 3@ ADDENDUM TO NOTE @ ae (Prepayment) THIS ADDENDUM is made this .7thu.. day of and is incorporated into and intended to form a part of the Note dated the same date as this Addendum. 1. The Note is modified to provide that = have the right to ‘make payments of principal at any time before they are due. A prepayment of all of the unpaid principal is known as a “full prepayment.” A prepayment of only part of the unpaid principal is known as a "partial prepayment." Except as provided below, | may. make a full prepayment or a paral prepayment at any time without paying any penalty. However, if within the first year(s) after the execution of the Security Instrument | make full Prepayment, | will ‘pay a prepayment charge as follows: if within the first year after the execution of the Security Instrument | make full prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of the original principal amount. if within the second year after the execution of the Security Instrument | make full prepayment, ! will pay a prepayment charge in an amount equal to two percent (2%) of the original principal amount. If within the third year after the execution of the Security Instrument | make full prepayment, 1 will pay a prepayment charge in an amount equal to one percent (1%) of the original principal amount. lf within the first year after the execution of the Security Instrument | make ‘full prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of the original principal amount. If within the second year after the execution of the Security Instrument | make full prepayment, | will pay a prepayment charge in an angunt equal to two percent (2%) of the original principal amount. é X.. lf within the first year after the execution of the Security Instrument i make full prepayment, | will pay a prepayment charge in an amount equal to three precent (3%) of the original principal amount, 2. In the event the maturity of the Note is accelerated for any reason during the applicable period of the prepayment charge, then the prepayment charge set forth herein shall be due and payable. 3. All interest, fees and other amounts charged or accruing in connection with the Note which are considered "interest" within the meaning of section 95 of the National Bank Act (12 USC & 85; 12 C.F.R. & 7.4001{a)) shall be governed by and Interpreted under South Dakota law. tn all other respects, the Note and all related documents, as well as the rights, remedies, and duties of the Lender and the Borrower(s), shall be governed and interpreted by federal law with respect to national banks and, to the extent not preempted by federal law, the consumer protection laws of the state in which the real estate is located. 4. All other provisions of the Note are unchanged by this Addendum and remain in full force and effect. Dated: __._{Seal) -Borrower (Seal) -Borrower Pursuen this éoe isha Prepayment Addendum - - PPO20A Rov. 06/06/00Schedule B - Legal DescriptionADVANTAGE FORECLOSURE SERVICES, INC. Title No. FCL-105216-14 (File No. 300995) SCHEDULE A DESCRIPTION District 0200, Section 647.00 Block 03.00 and Lot 017.000 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Lake Ronkonkoma, Town of Brookhaven, County of Suffolk and State of New York, known as and by Lot Number 44 as shown and designated on a certain map entitled “Map of Shore Haven Estates, Section Two, Lake Ronkonkoma, Town of Brookhaven, Suffolk County, N.Y.”, surveyed March 16, 1954 by B.J. Bolender, L.S. and filed in the Office of the Clerk of the County of Suffolk on May 5, 1954 as Map No. 2197; BEGINNING at a point on the Westerly side of Carol Drive distant 191.95 feet Southerly from the Southerly end of a curve which connects the Westerly side of Carol Drive and the Southerly side of South Woodland Street; RUNNING THENCE South 23 degrees 50 minutes 35 seconds East, 70.00 feet along the Westerly side of Carol Drive; THENCE South 66 degrees 09 minutes 25 seconds West, 106.67 feet; THENCE North 26 degrees 34 minutes 00 seconds West, 70.08 feet; THENCE North 66 degrees 09 minutes 25 seconds East, 110.00 feet to a point on the Westerly side of Carol Drive to the point of BEGINNING. Premises known as 16 Carol Drive, Lake Ronkonkoma, New York SCHEDULE BSchedule C - Defendants JOSEPH A. GALLO Record owner and original mortgagor. Also that a Chapter 13 Bankruptcy was filed on November 6, 2008 by Joseph A. Gallo under BK# 8- 08-76264-ast; which bankruptcy was discharged October 16, 2013 and terminated December 19, 2013. JEANETTE GALLO Record owner and original mortgagor. Also that a Chapter 7 Bankruptcy was filed March 7, 2012 by Jeannette C Gallo A/K/A Jeannette C Madina under BK # 8-12-71376-ast; which Bankruptcy was discharged June 5, 2012 and terminated June 5, 2012. VELOCITY INVESTMENTS LLC Holder of judgment(s). CACY OF COLORADO LLC Holder of judgment(s). MERRICK BANK CORPORATION Holder of judgmeni(s). ESTHER PIMENTEL Holder of judgment(s). CAPITAL ONE BANK USA NA AS Holder of judgment(s). SUCCESSOR IN INTEREST TO CAPITAL ONE BANK HSBC BANK NEVADA NA Holder of judgment(s). JOHN DOR being fictitious, the names unknown to Plaintiff intended to be tenants, occupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors.Live Database: nyeb_live Page 1 of 12 CLOSED U.S. Bankruptey Court Eastern District of New York (Central Islip) Bankruptcy Petition #: 8-08-76264-ast . Date filed: 11/06/2008 Assigned to: Judge Alan S Trust Date terminated: 12/19/2013 Chapter 13 Debtor discharged: 10/16/2013 Voluntary Pian confirmed: 03/19/2009 Asset 341 meeting: 12/09/2008 Debtor disposition: Standard Discharge Debtor represented by Paul H Rethier Joseph A. Gallo 33 Rosedale Road 16 Carol Dr. P.O. Box 307 Lake Ronkonkoma, NY 11779 Sound Beach, NY 11789 SUFFOLK-NY, (631) 744-6330 SSN / TING Email: jokerwak@optonline.net Trustee represented by Marianne DeRosa Marianne DeRosa Standing Chapter 13 Trustee Standing Chapter 13 Trustee 115 Eileen Way 115 Eileen Way Suite 105 Suite 105 Syosset, NY 11791 Syosset, NY 11791 (516) 622-1340 (516) 622-1340 Fax : (516) 622-1347 Email: Derosa@ch]3mdr.com U.S. Trustee United States Trustee Long Island Federal Courthouse 560 Federal Plaza - Room 560 Central Islip, NY 11722-4437 (631) 715-7800 Filing Date # Docket Text i Chapter 13 Voluntary Petition. Fee Amount $274 (46 pgs) Filed by Paul H Rethier on behalf of Joseph A. Gallo Government Proof of Claim due by 05/5/2009. 11/06/2008 (Rethier, Paul) (Entered: 11/06/2008) 11/06/2008 2 hitps://ecf.nyeb.uscourts. gov/egi-bin/DktR pt.pl1?595 82925 1265646-L_1_0-1 6/10/2014Live Database: nyeb_live 11/06/2008 11/06/2008 11/06/2008 11/06/2008 11/11/2008 Page 2 of 12 Chapter 13 Plan dated November Ist 2008 Filed by Paul H Rethier on behalf of Joseph A. Gallo. (Rethier, Paul) (Entered: 11/06/2008) Certificate of Credit Counseling for Debtor dated July 10th 2008 Filed by Paul H Rethier gn behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 11/06/2008) Employee Income Records / Copies of Pay Statements Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 11/06/2008) Pre-Petition Statement Pursuant to LR 2017-1 Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 11/06/2008) Meeting of Creditors Chapter 13 & Appointment of Chapter 13 Trustee Marianne DeRosa with 341 (a) Meeting to be held on 12/09/2008 at 11:00 AM at Room 561, 560 Federal Plaza, CI, NY . Proof of Claims due by 03/09/2009 . (Entered: 11/06/2008) Receipt of Voluntary Petition (Chapter 13)(8-08- 76264) [misc,volp 13a] (274.00) Filing Fee. Receipt number 4361067. Fee amount 274.00. (U.S. Treasury) (Entered: 11/06/2008) Notice of Appearance and Request for Notice Filed by Dennis Jose on: behalf of Wells Fargo Bank, NA (Jose, Dennis) (Entered: 11/11/2008) 11/12/2008 Request for Notice - Chapter 13 Meeting of Creditors and Hearing on Confirmation. Confirmation hearing to be held on 1/8/2009 at 09:00 AM at Courtroom 960 (AST), CT, NY. Last day to Object to Confirmation 1/8/2009. Objections to 523 due by 2/9/2009. (dnb) (Entered: 11/12/2008) 11/14/2008 BNC Certificate of Mailing with Summary of Plan Service Date 11/14/2008. (Admin.) (Entered: 11/15/2008) 11/14/2008 BNC Certificate of Mailing - Meeting of Creditors Service Date 11/14/2008. (Admin.) (Entered: 11/15/2008) https://ecf nyeb.uscourts.gov/cgi-bin/DktRpt.pl?59582925 1265646-L_1_0-1 6/10/2014Live Database: nyeb_live Page 3 of 12 11/14/2008 12/12/2008 BNC Certificate of Mailing with Notice of Electronic Filing Service Date 11/14/2008. (Admin.) (Entered: 11/15/2008) Chapter 13 Meeting of Creditors Held and Closed. (DeRosa, Marianne) (Entered: 12/12/2008) dt Objection to Confirmation of Plan Filed by Dennis (5 pgs; 3 docs) |} Jose on behalf of Wells Fargo Bank, NA (RE: related document(s)2 Chapter 13 Plan filed by Debtor Joseph A. Gallo). (Attachments: 1 Proof of Claim2 Certificate of Service) (Jose, Dennis) 12/22/2008 (Entered: 12/22/2008) Confirmation hearing to be held on 3/12/2009 at 11:00 AM at Courtroom 960 (AST), Cl, NY. (ymm) (Entered: 01/18/2009) 01/08/2009 First Amended Chapter 13 Plan dated January 8th 2009 Filed by Paul H Rethier on behalf of Joseph A. Gallo (RE: related document(s)2 Chapter 13 Plan filed by Debtor Joseph A, Gallo). (Rethier, Paul) | Modified on 1/12/2009 for clarification (dnb). (Entered: 01/10/2009) 01/10/2009 13 Amended Statement of Current Monthly Income in (8 pgs) the amount of $9,708 (Means Test - Chapter 13) Dated January 8th 2009. Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 01/10/2009) 01/16/2009 Affidavit Re: Contribution of income to household by debtors non filing spouse dated January 7th 2009 Filed by Paul H Rethier on behalf of Joseph A. Gallo {Rethier, Paul) (Entered: 01/10/2009) 01/10/2009 Affirmation of Compliance: Affidavit signed by debtor on January 8th 2009 Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 01/10/2009) 01/10/2009 Amended Schedule(s), Statement(s) and Affidavit LR1009-I(a) Schedule I, Schedule J, Filed by Paul H Rethier on behalf of Joseph A. Gallo (Attachments: 1 Affidavit 1009a Affirmation) (Rethier, Paul) (Entered: 01/10/2009) (4 pgs; 2 docs) 01/10/2009 01/20/2009 https://ecf.nyeb.uscourts.gov/egi-bin/DktRpt.p!?59582925 1265646-L_1_0-1 6/10/2014Live Database: nyeb_live Page 4 of 12 17 i Notice of Assignment of Claim. Transfer Agreement (3 pgs; 3 docs) 3001 (e) 2 Transferor: WORLD FINANCIAL NETWORK NATIONAL BANK (Claim No. 4) To Roundup Funding, LLC Filed by Roundup Funding, LLC. (Tran, Linh) (Entered: 01/20/2009) Letter Withdrawing the Objection to Confirmation of Plan Filed by Dennis Jose on behalf of Wells Fargo Bank, NA (RE: related document(s)11 Objection to Confirmation of the Plan filed by Creditor Wells Fargo Bank, NA) (Jose, Dennis) (Entered: 01/20/2009 01/20/2009) BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 01/23/2009. 01/23/2009 (Admin.) (Entered: 01/24/2009) Chapter 13 Trustee's Motion to Dismiss Case. Hearing scheduled for 3/12/2009 at 11:00 AM at Courtroom 960 (AST), CI, NY, (DeRosa, Marianne) (Entered: 02/09/2009) 02/09/2009 2b Affirmation of Compliance: regarding payment of (pg) post petition mortgage payments dated February 18th 2009 Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 02/18/2009) 02/18/2009 Hearing Held; (RE: related document(s)12 Amended Chapter 13 Plan filed by Debtor Joseph A. Gallo - Plan Confirmed dated 1/8/09. Submit Order (ymm) (Entered: 03/17/2009) 03/12/2009 Hearing Held; (RE: related document(s)20 Chapter 13 Trustee's Motion to Dismiss Case) - WITHDRAWN, So Ordered by /s/ Alan S. Trust. Endorsed on Calendar dated 3/12/09. (This is a text Order, no document is attached.) (ymm) (Entered: 03/19/2009) 03/12/2009 22 Order Confirming Chapter 13 Plan (RE: related (1 pg) document(s) {2 Granting Amended Chapter 13 Plan filed by Debtor Joseph A. Gallo). Signed on 3/19/2009 (dnb) (Entered: 03/19/2009) 03/19/2009 04/29/2009 3 Joint Notice of Assignment of Claim. Transfer (8 pgs: 5 docs) | Agreement 3001 (e) 2 Transferor: American Express Bank FSB (Claim No. 9) To LVNV Funding LLC as https://ecf.nyeb.uscourts. gov/cgi-bin/DictR pt.pl?59582925 1265646-L_1_0-1 6/10/2014Live Database: nyeb_live Page 5 of 12 assignee of American Express Filed by LVNV Funding LLC its successors and assigns as assignee of American Express Bank FSB. (Montjoy, Joyce) (Entered: 04/29/2009) BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 05/03/2009. (Admin.) (Entered: 05/04/2009) 15/03/2009 25 (3 pgs; 3 docs) Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: Chase Bank USA NA (Claim No. 25) To eCAST Settlement Corporation Filed by Alane Becket on behalf of eCAST Seitlement Corporation. (Becket, Alane)} (Entered: 05/04/2009) | 05/04/2009 BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 05/07/2009, 05/07/2009 (Admin.) (Entered: 05/08/2009) BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 05/17/2009. 05/17/2009 (Admin.) (Entered: 05/18/2009) Chapter 13 Trustee's Motion to Dismiss Case. Hearing scheduled for 9/24/2009 at 11:00 AM at Courtroom 960 (Judge Trust), CI, NY. (DeRosa, Marianne) (Entered: 09/02/2009) 09/02/2009 Affidavit in Opposition by debtor dated September 9th 2009, with 2008 tax return Filed by Paul H Rethier on behalf of Joseph A. Gallo (RE: related document(s)28 Chapter 13 Trustee's Motion to Dismiss Case) (Rethier, Paul) (Entered: 09/10/2009) 09/10/2009 Affidavit/Certificate of Service by mail dated September 10th 2009 Filed by Paul H Rethier on behalf of Joseph A. Gallo (RE: related document(s) 29 Affirmation in Opposition filed by Debtor Joseph A. Gallo) (Rethier, Paul) (Entered: 09/10/2009) 09/10/2009 Adjourned Without Hearing - Hearing scheduled for 11/5/2009 at 11:00 AM at Courtroom 960 (Judge Trust), CI, NY. (RE: related document(s)2& Chapter 13 Trustee's Motion to Dismiss Case) (ymm) (Entered: 10/02/2009) 09/24/2009 11/05/2009 Adjourned Without Hearing (related document(s): 28 Chapter 13 Trustee’s Motion to Dismiss Case) https://ecf.nyeb.uscourts.gov/cgi-bin/DktR pt.p1?595829251265646-L_1_0-1 6/10/2014Live Database: nyeb_live 3t (3 pgs; 3 docs) 12/23/2009 01/02/2010 01/14/2010 Page 6 of 12 Hearing scheduled for 01/14/2010 at 11:00 AM at Courtroom 960 (Judge Trust), CI, NY. (ymills) (Entered: 11/10/2009) Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: GE Money Bank (Claim No. 3) To CR Evergreen, LLC Filed by Linh K Tran on behalf of CR Evergreen, LLC. (Tran, Linh) (Entered: 12/23/2009) BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 01/02/2010. (Admin.) (Entered: 01/03/2010) Hearing Held; (related document(s): 28 Chapter 13 Trustee's Motion to Dismiss Case) - WITHDRAWN, So Ordered by /s/ Alan S. Trust. Endorsed on Calendar dated 1/14/10. (This is a text Order, no document is attached.) (ymills) (Entered: 02/01/2010) 33 (3 pgs: 3 docs) 02/11/2010 34 (2 pgs) 02/14/2010 Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: TARGET NATIONAL BANK (Claim No. 26) To Roundup Funding, LLC Filed by Linh K Tran on behalf of Roundup Funding, LLC, (Tran, Linh) (Entered: 02/11/2010) BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 02/14/2010. (Admin.) (Entered: 02/15/2010) 35 (3 pgs; 3 does) 10/04/2010 Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: LVNV Funding LLC its successors and assigns (Claim No. 10) To Portfolio Recovery Associates, LLC Filed by PRA Receivables Management LLC. (Garcia, Dolores) (Entered: 10/04/2010) 10/07/2010 BNC Certificate of Mailing with Notice of Assignment of Claim Service Date 10/07/2010. (Admin.) (Entered: 10/08/2010) 06/24/2011 Notice of Appearance and Request for Notice Filed by B-Line, LLC. (Kane, Steven) (Entered: 06/24/2011) 11/25/2011 Debtor's Certification of Postpetition Completion of Instructional Course and/or Certificate of Financial https://ecf.nyeb.uscourts.gov/egi-bin/DktRpt.p1?59582925 1265646-L_1_0-1 6/10/2014Live Database: nyeb_live Page 7 of 12 Management Course Filed for Debtor. Debtor Certificate Number: 14424-NYE-DE-016328556 Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 11/25/2011) 39 39 Joint Notice of Assignment of Claim. Transfer (7 pgs; 3 docs) Agreement 3001 (e) 2 Transferor: Roundup Funding, LEC (Claim No. 20) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/06/2011) 12/06/2011 40 40 Joint Notice of Assignment of Claim. Transfer (7 pgs; 3 docs) Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 21) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/06/2011) 12/06/2011 4} AL Joint Notice of Assignment of Claim. Transfer (7 pgs; 3 docs) Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 22) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/06/2011) 12/06/2011 42 42 Joint Notice of Assignment of Claim. Transfer (7 pgs; 3 does) Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 23) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) 12/06/2011 (Entered: 12/06/2011) 43 43 Joint Notice of Assignment of Claim. Transfer (7 pgs; 3 docs) Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 24) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) 12/06/2011 (Entered: 12/06/2011) 44 BNC Certificate of Mailing with Notice of (3 pgs) Assignment of Claim Notice Date 12/10/2011. 12/10/2011 (Admin.) (Entered: 12/11/2011) 45 BNC Certificate of Mailing with Notice of (3 pgs) Assignment of Claim Notice Date 12/10/2011. 12/10/2011 (Admin.) (Entered: 12/11/2011) 46 BNC Certificate of Mailing with Notice of (3 pgs) Assignment of Claim Notice Date 12/10/2011. 12/10/2011 {Admin.) (Entered: 12/11/2011} 12/10/2011 https://ecf.nyeb.uscourts.gow/cgi-bin/DktRpt.pl?59582925 1265646-L_1_ 0-1 6/10/2014Live Database: nyeb_live (2/10/2011 Ag G pgs) Page 8 of 12 BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/10/2011. (Admin.) (Entered: 12/11/2011) BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/10/2011. (Admin.) (Entered: 12/11/2011) 12/15/2011 12/17/2011 Ag (7 pgs; 3 does) 50 (7 pgs; 3 docs) Joint Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 26) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/15/2011) Joint Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 4) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/17/2011) 12/17/2011 12/18/2011 SL (7 pgs; 3 docs) Joint Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 11) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/17/2011) BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/18/2011. (Admin.) (Entered: 12/19/2011) 12/21/2011 12/21/2011 12/24/2011 BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/21/2011. (Admin.) (Entered: 12/22/2011) (7 pgs; 3 docs) BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/21/2011. (Admin.) (Entered: 12/22/2011) Joint Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: CR Evergreen, LLC (Claim No. 3) To East Bay Funding, LLC Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/24/2011) 12/24/2011 6 (7 pgs; 3 docs) Joint Notice of Assignment of Claim. Transfer Agreement 3001 (e) 2 Transferor: Roundup Funding, LLC (Claim No. 19) To East Bay Funding, LLC https://ecf.nyeb.uscourts.gov/cgi-bin/DkIR pt.pl?59582925 1265646-L_1_ 0-1 6/10/2014Live Database: nyeb_live 12/29/2011 12/29/2011 01/31/2012 Page 9 of 12 Filed by East Bay Funding, LLC. (Montjoy, Joyce) (Entered: 12/24/2011) BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/29/2011, (Admin.) (Entered: 12/30/2011) BNC Certificate of Mailing with Notice of Assignment of Claim Notice Date 12/29/2011. (Admin.) (Entered: 12/30/2011) Statement Consent to substitute attorney for Wells Fargo Bank, NA Filed by Royston Mendonza on behalf of Wells Fargo Bank, NA (Mendonza, Royston) (Entered: 01/31/2012) 03/22/2012 05/17/2012 6L (12 pgs; 6 does) Notice of Appearance and Request for Notice Filed by Tammy L Terrell Benoza on behalf of WELLS FARGO BANK, N.A. (Terrell Benoza, Tammy) (Entered: 03/22/2012) Motion to File Claim After Claims Bar Date Filed by Sydelle Pittas on behalf of Massachusetts Educational Financing Authority. Hearing scheduled for 7/24/2012 at 09:30 AM at Courtroom 960 (Judge Trust), CI, NY. Order to be presented for signature on 5/17/2012. (Attachments: # 1 Affidavit Affidavit in support of motion# 2 Proposed Order # 3 Proof of Claim form# 4 Exhibit Promissory note# 3 Exhibit Account summary) (Pittas, Sydelle). Modified on 5/18/2012 (Attorney contacted to file an "Amended notice of motion/presentment" , indicating whether or not matter will be heard or be presented for signature).(dnb), (Entered: 05/17/2012) 05/18/2012 62 (13 pgs; 7 docs) Amended Notice of Presentment. Objections to be filed on June 5, 2012. Hearing on Objections, if any.to be scheduled by the Court Filed by Sydelle Pittas on behalf of Massachusetts Educational Financing Authority (RE: reiated document(s)6L Motion to Pile Claim After Claims Bar Date filed by Creditor Massachusetts Educational Financing Authority) Order to be presented for signature on 6/20/2012. (Attachments: # | Motion to file proof of claim late# 2 Affidavit # 3 Certificate of service#t 4 Proof of claim# 5 Exhibit Promissory note# 6 Exhibit Account summary) (Pittas, Sydelle) https://ecf.nyeb.uscourts.gov/egi-bin/DktR pt.p1?595829251263646-L_ 1 0-1 6/10/2014Live Database: nyeb_live Page 10 of 12 Modified on 5/21/2012 (to omit hearing on objection's date)(dnb). (Entered: 05/18/2012) Affirmation in Opposition dated June Sth 2012 Filed by Paul H Rethier on behalf of Joseph A. Gallo (RE: related document(s)6 Motion to File Claim After Claims Bar Date filed by Creditor Massachusetts Educational Financing Authority) (Rethier, Paul) (Entered: 06/05/2012) 06/05/2012 Affidavit/Certificate of Service by mail, dated June Sth 2012 Filed by Paul H Rethier on behalf of Joseph A. Gallo (RE: related document(s)63 Affirmation in Opposition filed by Debtor Joseph A. Gallo) (Rethier, Paul) (Entered: 06/06/2012) 06/06/2012 Amended Notice of Motion/Presentment noticing July 24, 2012 hearing date Filed by Sydetle Pittas on behalf of Massachusetts Educational Financing Authority (RE: related document(s)61 Motion to File Claim After Claims Bar Date filed by Creditor Massachusetts Educational Financing Authority) Hearing scheduled for 7/24/2012 at 11:00 AM at Courtroom 960 (Judge Trust), CI, NY. (Pittas, Sydelle) (Entered: 06/19/2012) 06/19/2012 66 Letter Providing Notice of Court Hearing Filed by (2 pgs) Sydelle Pittas on behalf of Massachusetts Educational Financing Authority Hearing scheduled for 7/24/2012 at 11:00 AM at Courtroom 960 (Judge Trust), CI, NY. (Pittas, Sydelle) (Entered: 06/19/2012) 06/19/2012 67 Motion to Appear pro hac vice Filed by Sydelle (5 pgs) Pittas on behalf of Massachusetts Educational 07/18/2012 Financing Authority. (dnb) (Entered: 07/18/2012) 68 Order Granting Motion for Sydelle Pittas To Appear Ci pe) pro hac vice on behalf of Massachusetts Educational Financing Authority and pay a $25.00 attorney admission fee to the United States District Court with a copy of this Order within 10 business days of the date of this Order. The Clerk of the Bankruptcy Court is directed to enter the above attorney's appearance as counsel in this case (Related Doc # 67). Signed on 7/19/2012. (dnb) (Entered: 07/19/2012 07/19/2012) https://ecf.nyeb.uscourts.gov/egi-bin/Dk(Rpt.p1?595829251265646-L_1 0-1 6/10/2014Live Database: nyeb_live Page 11 of 12 07/24/2012 Hearing Held; (related document(s): 61 Motion to File Claim After Claims Bar Date filed by Massachusetts Educational Financing Authority) Appearances by Attorney for Debtor, Debtor and Attorney for Creditor - Motion Granted as per terms stated on the record - Settle Order on 7 days notice (ymills) (Entered: 07/24/2012) . Affidavit/Certificate of Service Filed by Sydelle Pittas on behaif of Massachusetts Educational Financing Authority (RE: related document(s)67 Motion to Appear Pro Hac Vice filed by Creditor Massachusetts Educational Financing Authority) (Pittas, Sydelle) (Entered: 07/26/2012) 07/26/2012 Notice of Settlement of Proposed Order Filed by Sydelie Pittas on behalf of Massachusetts Educational Financing Authority (RE: related document(s)61 Motion to File Claim Afler Claims Bar Date filed by Creditor Massachusetts Educational Financing Authority) (Pittas, Sydelle) (Entered: 08/07/2012) 08/07/2012 7 Order Granting MEFA's Motion to file a late proof (2 pgs) of claim as set forth in order. MEFA may file a late proof of claim for the educational debt asset forth in the Motion. Once MEFA has filed a proof of claim, the Chapter 13 Trustee shall pay MEFA's claim through the remainder of the term of the Chapter 13 plan pro rata with other unsecured claims; provided however, that no change shall be made to dividends calculated or distributed to other unsecured creditors prior to the filing of MEFA's proof of claim; the remaining unpaid balance of MEFA's proof of claim not paid under the Debtor's Chapter 13 Plan shall be non-dischargeable pursuant to [1 U.S.C.§ 523(a)(8) (Related Doc # 61). Signed on 8/16/2012. (dnb) (Entered: 08/16/2012) 08/16/2012 7 Court's Service List (RE: related document(s)71 (3 pgs; 2 docs) | Order on Motion To File Claim After Claims Bar Date) (dnb) (Entered: 08/16/2012) 08/16/2012 Chapter 13 Debtor's Certifications Regarding (2 pgs) Domestic Support Obligations and Section 522(q) Filed for Debtor Filed by Paul H Rethier on behalf of Joseph A. Gallo (Rethier, Paul) (Entered: 10/01/2013) 10/01/2013 https://ecf.nyeb.uscourts.gow/cgi-bin/DItR pt.pl?595829251265646-L_1_O-1 6/10/2014Live Database: nyeb_live Page 12 of 12 10/15/2013 74 Trustee's Certification of Completed Plan. (DeRosa, (1 pg) Marianne) (Entered: 10/15/2013) 75 Order Discharging Debtor. Signed on 10/16/2013 10/16/2013 (4 pgs; 2 docs) | (dnb) (Entered: 10/16/2013) 76 BNC Certificate of Mailing with Order of Discharge (5 pgs) Notice Date 10/18/2013. (Admin.) (Entered: 10/18/2013 10/19/2013) 27 Notice of Final Cure Mortgage Payment re: Rule 3002.1 . Filed by Marianne DeRosa. (DeRosa, 10/30/2013 Marianne) (Entered: 10/30/2013) (Duplicate) Trustee's Certification of Completed Plan, (DeRosa, Marianne) Modified on 11/19/2013 11/18/2013 to clarify (dnb). (Entered: 11/18/2013) Chapter 13 Trustee Final Report and Account, 12/18/2013 (DeRosa, Marianne) (Entered: 12/18/2013) 80 Final Decree Chapter 12/13. Signed on 12/19/2013 12/19/2013 (2 pgs; 2 docs) | (dnb) (Entered: 12/19/2013) Bankruptcy Case Closed (dnb) (Entered: 12/19/2013 12/19/2013) PACER Service Center Transaction Receipt 06/10/2014 15:14:37 PACER Client Login: P3373 Nicode: 8-08-76264-ast Fil or Ent: filed Doc |From: 0 Doe To: 99999999 Term: [Docket Search |f,oided Headers: included Format: Report Criteria: |Description: html Page counts for documents: included Bilfable I Cost: v.60 Pages: hitps://ecf.nyeb.uscourts. gov/cgi-bin/DktR pt.pl?59582925 1265646-L_1_O-1 6/10/2014Live Database: nyeb_live Page | of 4 MEANSNO, RELATED, Repeat, PRVDISCH, CLOSED U.S. Bankruptey Court Eastern District of New York (Central Islip) Bankruptcy Petition #: 8-12-71376-ast . Date filed: 03/07/2012 Assigned to: Judge Alan § Trust Date terminated: 06/05/2012 Chapter 7 Debtor discharged: 06/05/2012 Voluntary 341 meeting: 04/05/2012 No asset Deadline for objecting to discharge: 06/04/2012 Deadline for financial mgmt. course: 06/04/2012 Dehtor disposition: Standard Discharge Debtor represented by Paul H Rethier Jeannette C. Gallo 33 Rosedale Road 16 Carol Dr. P.O. Box 307 Lake Ronkonkoma, NY 11779 Sound Beach, NY 11789 SUFFOLK-NY (631) 744-6330 SSN / ITIN: Bee Email: jokerwak@optonline.net aka Jeannette C. Madina Trustee Mare A Pergament Weinberg Gross & Pergament 400 Garden City Plaza Suite 403 Garden City, NY 11530 (516) 877-2424 U.S. Trustee United States Trustee Long Islarid Federal Courthouse 560 Federal Plaza - Room 560 Central Islip, NY 11722-4437 (631) 715-7800 Filing Date # Docket ‘Text L Chapter 7 Voluntary Petition. Fee Amount $306 Filed (46 pgs) by Paul H Rethier on behalf of Jeannette C. Gallo 03/07/2012 (Rethier, Paul) (Entered: 03/07/2012) 03/07/2012 2 Certificate of Credit Counseling for Debtor Filed by (I pg) Paul H Rethier on behalf of Jeannette C. Gallo (Rethier, Paul) (Entered: 03/07/2012) hutps://ecf.nyeb.uscourts. gov/cgi-bin/DIktR pt.pl?652 12278829 1935-L_}_ 0-1 6/10/2014Live Database: nyeb_live 03/07/2012 3 (5 pgs) Page 2 of 4 Employee Income Records / Copies of Pay Statements Filed by Paul H Rethier on behalf of Jeannette C. Gallo (Rethier, Paul} (Entered: 03/07/2012) 03/07/2012 03/07/2012 03/07/2012 03/08/2012 03/08/2012 03/08/2012 Pre-Petition Statement Pursuant to LR 2017-1 Filed by Paul H Rethier on behalf of Jeannette ©. Gallo (Rethier, Paul) (Entered: 03/07/2012) Receipt of Voluntary Petition (Chapter 7)(8-12- 71376) [misc,volp7a] ( 306.00) Filing Fee. Receipt number 9741