On July 31, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
U.S. Bank National Association, As Trustee For Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2007-Ks3,
and
Arrow Financial Services, Llc A P O Washington Mutual Bank,
Commissioner Of Taxation And Finance,,
Mariah L Kelly,
Thomas L Kelly,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Tioga County.
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FILED: TIOGA COUNTY CLERK 11/19/2019 02:58 PM INDEX NO. 2018-60071
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/19/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TIOGA
U.S. Bank National Association, as Trustee for Residential INDEX NO. 2018-60071
Asset Securities Home Mortgage Asset-
Corporation, Equity
Backed Pass-Through Certificates, Series 2007-KS3 NOTICE OF MOTION FOR
A DEFAULT JUDGMENT
Plaintiff(s), AND ORDER OF
REFERENCE
v.
MORTGAGED PROPERTY:
Mariah L. Kelly; Thomas L. Kelly; Arrow Financial 3 Quecrawõud Boulevard
Services, LLC A/P/O Washington Mutual Bank; Owego, NY 13827
Commissioner of Taxation and Finance,
#1" #12,"
"JOHN DOE through "JOHN DOE the last twelve
names being fictitious and unknown to plaintiff, the persons
or parties intended being the tenants, occupants, persons or
corporations if any, having or claiming an interest in or lien
upon the premises, described in the complaint,
Defendant(s). COUNTY: Tioga
SBL #: Section 119.17 Block 1
Lot 46
PLEASE TAKE NOTICE that, upon the afRrmation of Bridget M. Dehmler dated
1/3 . the affidavit of Vital Philma, sworn to June 4, 2019, the exhibits
attached thereto, and all prior proceedings in this case, Plaintiff U.S. Bank National Associâtion,
as Trustee for Reshtial Asset Securities Home Mortgage Asset-Backed
Corporation, Equity
Pass-Through Certificates, Series 2007-KS3 will move this court at 9:30 A.M. on December 13,
2019, at the Supreme Court, Tioga County, Tioga County Courthouse, 16 Court Street, Owego,
NY 13827, or as soon thereafter as the parties may be heard, for an order:
1. Appointing a referee to compute the amount due to Plaintiff, examine whether the
mortgaged property known as 3 Queenswood Boulevard, Owego, NY 13827 may
19-079980 Notice of Motion Page 1 of 2
1 of 2
FILED: TIOGA COUNTY CLERK 11/19/2019 02:58 PM INDEX NO. 2018-60071
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/19/2019
be sold in parcels, and make his/her compsElen and report with all convenient
speed pursuant to RPAPL §1321;
DOE"
2. Removing "JOHN as a party defendant in this action;
3. Declaring that all non-appearing and non-answering defendants are in default
pursuant to CPLR 3215; and
4. Such additional relief as to the Court may deem just and proper.
PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering
papers and notice of cross-motion, with supporting papers, if any, must be served upon the
undersigned at least seven (7) days prior to the return date of this motion.
Dated: N(1)Qfty lQ
Monroe County, New York
Bridget M. Dehmler Esq.
Associate Attorney
SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
(585) 247-9000
Fax: (585) 247-7380
To: Mariah L. Kelly a/k/a Mariah L. Kelly
143 Tyler Hollow Road
Spencer, NY 14883
Arrow Financial Services, LLC A/P/O Washington Mutual Bank
Secretary of State
99 Washington Avenue
Albany, NY 12231
Commissioner of Taxation and Finance
W.A. Harriman State Office Campus
Building 9
Albany, NY 12227
19-079980 Notice of Motion Page 2 of 2
2 of 2
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FILED: TIOGA COUNTY CLERK 11/19/2019 02:58 PM INDEX NO. 2018-60071 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/19/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TIOGA U.S. Bank National Association, as Trustee for Residential INDEX NO. 2018-60071 Asset Securities Home Mortgage Asset- Corporation, Equity Backed Pass-Through Certificates, Series 2007-KS3 NOTICE OF MOTION FOR A DEFAULT JUDGMENT Plaintiff(s), AND ORDER OF REFERENCE v. MORTGAGED PROPERTY: Mariah L. Kelly; Thomas L. Kelly; Arrow Financial 3 Quecrawõud Boulevard Services, LLC A/P/O Washington Mutual Bank; Owego, NY 13827 Commissioner of Taxation and Finance, #1" #12," "JOHN DOE through "JOHN DOE the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s). COUNTY: Tioga SBL #: Section 119.17 Block 1 Lot 46 PLEASE TAKE NOTICE that, upon the afRrmation of Bridget M. Dehmler dated 1/3 . the affidavit of Vital Philma, sworn to June 4, 2019, the exhibits attached thereto, and all prior proceedings in this case, Plaintiff U.S. Bank National Associâtion, as Trustee for Reshtial Asset Securities Home Mortgage Asset-Backed Corporation, Equity Pass-Through Certificates, Series 2007-KS3 will move this court at 9:30 A.M. on December 13, 2019, at the Supreme Court, Tioga County, Tioga County Courthouse, 16 Court Street, Owego, NY 13827, or as soon thereafter as the parties may be heard, for an order: 1. Appointing a referee to compute the amount due to Plaintiff, examine whether the mortgaged property known as 3 Queenswood Boulevard, Owego, NY 13827 may 19-079980 Notice of Motion Page 1 of 2 1 of 2 FILED: TIOGA COUNTY CLERK 11/19/2019 02:58 PM INDEX NO. 2018-60071 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/19/2019 be sold in parcels, and make his/her compsElen and report with all convenient speed pursuant to RPAPL §1321; DOE" 2. Removing "JOHN as a party defendant in this action; 3. Declaring that all non-appearing and non-answering defendants are in default pursuant to CPLR 3215; and 4. Such additional relief as to the Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR 2214 (b), answering papers and notice of cross-motion, with supporting papers, if any, must be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: N(1)Qfty lQ Monroe County, New York Bridget M. Dehmler Esq. Associate Attorney SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 (585) 247-9000 Fax: (585) 247-7380 To: Mariah L. Kelly a/k/a Mariah L. Kelly 143 Tyler Hollow Road Spencer, NY 14883 Arrow Financial Services, LLC A/P/O Washington Mutual Bank Secretary of State 99 Washington Avenue Albany, NY 12231 Commissioner of Taxation and Finance W.A. Harriman State Office Campus Building 9 Albany, NY 12227 19-079980 Notice of Motion Page 2 of 2 2 of 2