Party Statement: The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Certificateholders Of The Cwabs Inc., Asset-Backed Certificates, Series 2004-Ecc1 v. Mustafa Ozturk,, Hsbc Bank Nevada, Na, Capital One Bank Usa, Na, Capital One Auto Finance, Inc, Midland Funding Llc Dba In New York As Midland Funding Of Delaware Llc, Citibank South Dakota, Na, Portfolio Recovery Associates, Llc, John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The
On September 10, 2012 a
Party Statement
was filed
involving a dispute between
The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Certificateholders Of The Cwabs Inc., Asset-Backed Certificates, Series 2004-Ecc1,
and
Capital One Auto Finance, Inc,
Capital One Bank Usa, Na,
Citibank South Dakota, Na,
Hsbc Bank Nevada, Na,
John Doe #1 Through John Doe #10, The Last Ten Names Being Fictitious And Unknown To The Plaintiff, The Person Or Parties Intended Being The Persons Or Parties, If Any, Having Or Claiming An Interest In Or Lien Upon The Mortgaged Premises Described In The,
Midland Funding Llc Dba In New York As Midland Funding Of Delaware Llc,
Mustafa Ozturk,,
Portfolio Recovery Associates, Llc,
for Foreclosure (residential mortgage)
in the District Court of Suffolk County.
Preview
INDEX NO. 027852/2012
(FILED: SUFFOLK COUNTY CLERK 10/05/2012)
NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 10/05/2012
PROVEST, LLC FRENKEL LAMBERT WEISS WEISMAN & GORDON, LLP
320 CARLETON AVE, STE.2600 20 WEST MAIN STREET
CENTRAL ISLIP, NY 11722 BAY SHORE, NY 11706
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK INDEX # 12-27852
THE BANK OF NEW YORK MELLON FKA THE BANK OF
NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE
CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-
BACKED CERTIFICATES, SERIES 2004-ECC1,
Plaintiff,
Against AFFIDAVIT
OF SERVICE
MUSTAFA OZTURK, ET AL
Defendants.
STATE OF NY COUNTY OF SUFFOLK
Doreen Napolitano being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of
age and resides in the State of NY.
That on September 25, 2012 at 8:21 p.m. at 191 PACIFIC STREET, PORT JEFFERSON STATION, NY, 11776,
deponent served the within NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING AND SUMMONS
& COMPLAINT bearing index # 12-27852, filed 09/10/2012 on "JANE" OZTURK (REFUSED FIRST NAME) AS
IOHN DOE 41, defendant therein named,
SUITABLE AGE
PERSON
By delivering thereat a copy of each to MUSTAFA OZTURK, SPOUSE, a person of
x suitable age and discretion. That person was also asked by deponent whether said premises
was the defendant’s dwelling place/usual place of abode and the reply was affirmative.
MAILING
On 10/04/2012 deponent also enclosed a copy of same, in a prepaid sealed, first class
x wrapper marked personal and confidential, properly addressed to defendant and mailed to
defendant at 191 PACIFIC STREET, PORT JEFFERSON STATION, NY, 11776 by
depositing said wrapper in a post office of the United States Postal Service within New York
State
DESCRIPTION
Deponent describes the individual served to the best of deponent’s ability at the time and
circumstances of service as follow:
Sex Skin Color Hair Color Age (Aprx) eight (Aprx’ Weight (Aprx)
M BROWN BLACK/ 5'10"
SHAVED
USE IN NYC The language required by NYCRR 2900.2(e), (f) & (h) was set forth
CIVIL CT. on the face of said summons(es)
MILITARY I asked the person spoken to whether the defendant was in active military service of the
SERVICE United States or of the State of NY in any capacity whatever and received a
negative reply. The source of my information and the grounds of my belief are the
x conversations and observations above narrated. Upon information and belief I aver that the
defendant is not in the military service of New York or of the United States as that term is
defined in either the State or Federal statutes.
SWORN TO BEFORE “— oct 04 2012
DORIS C, LELIN
LL FILE # 47223
CASE ID # 3399583
NOTARY PUBLIC, State of New York
No. 01LE5061960
Qualified In Suffolk County
Commission Expires June 47, 20.
JOHN DOE #1 through JOHN DOE #10, the last ten names being fictitious and unknown to the plaintiff, the person or parties intended being the persons or parties, if any, having or claiming an interest in or lien upon the Mortgaged premises described in the
Defendant
Midland Funding LLC DBA in New York as Midland Funding of Delaware LLC
Defendant
Mustafa Ozturk,
Defendant
Portfolio Recovery Associates, LLC
Defendant
The Bank of New York Mellon fka The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2004-ECC1
Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.