Preview
At an IAS Part __ of the Supreme Court of the
State of New York, held in and for the County of
Kings at the Courthouse thereof, at 360 Adams
Street, #4, Brooklyn, New York, on the day
of , 2019.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------- -----X Index No.: 521635/2018
FAREVERSE LLC IN LIEU OF TRUE COMPANY
NAME FINANCE OF AMERICA REVERSE, LLC,
ORDER GRANTING SERVICE BY
Plaintiff, PUBLICATION, APPOINTING A
-against- GUARDIAN AD LITEM AND
MILITARY ATTORNEY, AND
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE GRANTING ADDITIONAL TIME TO
HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE COMPLETE SERVICE
OF MARIE T. DALEUS AKA MARIE THERESE
DALEUS, DECEASED; UNITED STATES OF
AMERICA ACTING ON BEHALF OF THE
SECRETARY OF HOUSING AND URBAN
DEVELOPMENT; CARLA LOWERY AKA
CARLA DALEUS LOWERY, AS PRESUMPTIVE
HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE
OF MARIE T. DALEUS AKA MARE THERESE
DALEUS, DECEASED; EMMANUEL DALEUS,
AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS,
DECEASED; ARDEN DALEUS, AS
PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF MARE T. DALEUS AKA
MARE THERESE DALEUS, DECEASED; PAT
DALEUS AKA PETER DALEUS, AS
PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF MARIE T. DALEUS AKA
MARIE THERESE DALEUS, DECEASED; MARE
T. DALEUS AKA MARIE THERESE DALEUS,
#1"
DECEASED;"JOHN DOE through "JOHN DOE
#10,"
said names being fictitious and unknown to
plaintiff, intended to be possible tenants or occupants
of the premises, or corporations, persons, or other
entities having or claiming a lien upon the mortgaged
premises,
Defendants.
---------------------------------------------------------X
UPON reading the annexed Affirmation of Raspreet Bhatia, Esq. dated
September
2___ 2019, the exhibits annexed thereto, the summons and verified
complaint previously filed herein, and the Affidavit of Due Diligence and the
Affidavit of Good Faith Investigation by Richard Jamison sworn to on December 3,
2018, establishing a good and sufficient cause of action against the Defendant,
EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, and it
appearing to the satisfaction of the Court that the Plaintiff has been and will be unable to, with
due diligence, serve the Summons and Complaint herein upon the Defendant, EMMANUEL
DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF
MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED within the state of New
York, by personal service of other prescribed method, and after due diligence, the Plaintiff has
been unable to ascertain where said Defendant maintains an office to conduct business or
to ascertain a place where said Defendant would probably receive mail;
UPON the Summons and Complaint filed herein on October 26, 2018; the
affidavits of service hereto filed herein; the Notice of Pendency of action hereto filed
herein in the Office of the Kings County on October 26, 2018, and upon the proposed
Supplemental Summons, Amended Complaint, and Amended Notice of Pendency of
action, from all of which it appears that the Complaint herein demands judgment
foreclosing a mortgage against specific real property within this county in the State of
New York, and it appearing there is a sufficient cause of action stated therein against the
defendants, all of whom are necessary parties defendant herein;
2
NOW, upon motion of GREENSPOON MARDER LLP, attorneys for the
Plaintiff, FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF
AMERICA REVERSE, LLC, it is
ORDERED, that the Plaintiff is granted an application for an Order
Permitting Service by Publication pursuant to CPLR Section 316; and it is further,
ORDERED, that the Plaintiff be and hereby is granted leave to issue, file and
serve, pursuant to CPLR Section 316, the annexed Supplemental Summons and
Amended Complaint and Amended Notice of Pendency of action, and that the title of
this action is hereby amended to conform with the caption on said Supplemental
Summons and Amended Complaint and Amended Notice of Pendency of action
without prejudice to any of the proceedings heretofore had herein; and it is further
ORDERED, that the summons, complaint and notice of pendency are amêñded to
include the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees,
devisees, legatees, assignees, lienors, creditors and successors in interest and generally all
persons having or claiming under, by or through said Defendants EMMANUEL DALEUS, AS
PRESUMPT1VE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T.
DALEUS AKA MARIE THERESE DALEUS, DECEASED, who may be deceased by purchase,
inheritance, lien or otherwise, any right, title or interest in and to the real property; and it is
further
ORDERED, that the caption of the action should be amended by striking therefrom the
remaining defendants sued herein as "MARIE T. DALEUS AKA MARIE THERESE DALEUS,
DECEASED" Doe"
and "John #1-10, all without prejudice to the proceedings heretofore had
herein; and itis further
3
ORDERED, that the amended caption of the action for all further purposes shall
read as follows:
__________ _______ __ ____________________ __..-X
FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE
OF AMERICA REVERSE, LLC
Plaintiff,
-against-
FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA
MARIE THERESE DALEUS, DECEASED; UNITED STATES OF
AMERICA ACTING ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPMENT; CARLA LOWERY AKA
CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE,
DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA
MARIE THERESE DALEUS, DECEASED; EMMANUEL DALEUS,
AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE
ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS,
DECEASED; ifhe be living and ifhe be dead, the respective heirs-at-law,
next-of-kin, distributes, executors, administrators, trustees, devisees,
legatees, assignees, lienors, creditors and successors in interest and
generally all persons having or claiming under, by or through said
defendant who may be deceased, by purchase, inheritance, lien or
inheritance, lien or otherwise any right, title or interest in or to the real
property described in the complaint, ARDEN DALEUS, AS
PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE
OF MARIE T. DALEUS AKA MARIE THERESE DALEUS,
DECEASED; PAT DALEUS AKA PETER DALEUS, AS
PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE
OF MARIE T. DALEUS AKA MARIE THERESE DALEUS,
DECEASED;
Defendants
--------------------------------------------X
and it is further
ORDERED, that pursuant to CPLR § 2004, the plaintiff have leave to file a
supplemental summons and amended complaint, and amended notice of pendency of action,
setting forth the amended caption of the action; and itis further
4
ORDERED, that the supplemental summons and amended complaint in the above
entitled action be served upon defendant EMMANUEL DALEUS, AS PRESUMPTIVE HEIR,
DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE
THERESE DALEUS, DECEASED, in the following manner:
By publishing the Supplersental Summons with Notice together with the notice to the
Defendant and a brief statement of the object of the action, and a brief description of the
property, in each of four (4) successive weeks in two (2) newspapers designated herein as
. ___ __, and such publications to be
commenced within sixty (60) days after entry of this order, and by mailing a copy of the
summons and amended complaint along with a copy of this order by certified and regular mail to
Defendant(s) EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE
OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED
at 2204 Schenectady Avenue, Brooklyn, New York 11234, that being said EMMANUEL
DALEUS'S last known address, and this being the means most likely calculated to reach said
Defendant; and it isfurther
ORDERED, that ., Esq., whose address is
, and whose telephone number is ( ) , who is
hereby authorized, empowered and designated to appear in this action as Guardian Ad Litem and
Military Attorney on behalf of any persons who may be infants, absentees or incompetents, or
unknown successors in interest of the Defendant, EMMANUEL DALEUS who may no longer
be in existence, and to protect and defend the interests of said defendant in this action; and it is
further
5
ORDERED, that the Guardian Ad Litem and Military Attorney (ifapplicable) shall also
act if the defendant(s) should be in default and be in the military service of the United States of
America, for the purpose of representing defendant(s) and protecting defendant's interests in this
action pursuant to the provisions of the Service Members Relief Act of 2003; and itis further
ORDERED, that the supplemental summons and amended complaint filed herewith be
delivered to the above named Guardian Ad Litem who is hereby authorized, empowered and
designated to appear in this action, upon filing his acknowledged consent and duly qualifying
affidavit; and itis further
ORDERED, that the Plaintiffs motion for Order of Reference and Judgment of
Foreclosure and Sale be made on Notice to the Guardian Ad Litem and Military Attorney; and it
is further
ORDERED, that the service of the supplemental summons and amended complaint upon
parties who have appeared and waived service or who have been served and defaulted is hereby
dispensed with; and it isfurther
ORDERED, that the Guardian Ad Litem and Military Attorney (if applicable), is
directed to execute his/her oath and that the same shall be filed with the KINGS COUNTY
CLERK; and itis further
ORDERED, that the Guardian appointed herein shall be paid upon
the filing of a notice of appearance on behalf of the ward(s) and provision shall be made in the
judgment of foreclosure and sale for an additional fee, payable upon transfer of title;and it is
further
6
ORDERED, that the time for plaintiff to commence publication of the Supplemental
Summons and Notice is hereby extended for 60 days from the date of entry of this order,
pursuant to CPLR § 2004; and itis further
ORDERED, that the extension of time to serve, pursuant to CPLR § 306-b, will be
satisfied as long as publication is made and proof thereof is filed in the KINGS COUNTY
CLERK'S office within 120 days of the filing of the Supplemental Summons and Amended
complaint; and itis further
ORDERED, that by acceptance of said guardianship said Guardian Ad Litem certifies
that he/she has complied with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law
of the State of New York
E N T E R:
, J.S.C.
48623.0296
7
Preview
At an IAS Part __ of the Supreme Court of the State of New York, held in and for the County of Kings at the Courthouse thereof, at 360 Adams Street, #4, Brooklyn, New York, on the day of , 2019. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------- -----X Index No.: 521635/2018 FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE, LLC, ORDER GRANTING SERVICE BY Plaintiff, PUBLICATION, APPOINTING A -against- GUARDIAN AD LITEM AND MILITARY ATTORNEY, AND FRITZ ANTOINE DALEUS, AS PRESUMPTIVE GRANTING ADDITIONAL TIME TO HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE COMPLETE SERVICE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARE THERESE DALEUS, DECEASED; EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARE T. DALEUS AKA MARE THERESE DALEUS, DECEASED; PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; MARE T. DALEUS AKA MARIE THERESE DALEUS, #1" DECEASED;"JOHN DOE through "JOHN DOE #10," said names being fictitious and unknown to plaintiff, intended to be possible tenants or occupants of the premises, or corporations, persons, or other entities having or claiming a lien upon the mortgaged premises, Defendants. ---------------------------------------------------------X UPON reading the annexed Affirmation of Raspreet Bhatia, Esq. dated September 2___ 2019, the exhibits annexed thereto, the summons and verified complaint previously filed herein, and the Affidavit of Due Diligence and the Affidavit of Good Faith Investigation by Richard Jamison sworn to on December 3, 2018, establishing a good and sufficient cause of action against the Defendant, EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, and it appearing to the satisfaction of the Court that the Plaintiff has been and will be unable to, with due diligence, serve the Summons and Complaint herein upon the Defendant, EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED within the state of New York, by personal service of other prescribed method, and after due diligence, the Plaintiff has been unable to ascertain where said Defendant maintains an office to conduct business or to ascertain a place where said Defendant would probably receive mail; UPON the Summons and Complaint filed herein on October 26, 2018; the affidavits of service hereto filed herein; the Notice of Pendency of action hereto filed herein in the Office of the Kings County on October 26, 2018, and upon the proposed Supplemental Summons, Amended Complaint, and Amended Notice of Pendency of action, from all of which it appears that the Complaint herein demands judgment foreclosing a mortgage against specific real property within this county in the State of New York, and it appearing there is a sufficient cause of action stated therein against the defendants, all of whom are necessary parties defendant herein; 2 NOW, upon motion of GREENSPOON MARDER LLP, attorneys for the Plaintiff, FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE, LLC, it is ORDERED, that the Plaintiff is granted an application for an Order Permitting Service by Publication pursuant to CPLR Section 316; and it is further, ORDERED, that the Plaintiff be and hereby is granted leave to issue, file and serve, pursuant to CPLR Section 316, the annexed Supplemental Summons and Amended Complaint and Amended Notice of Pendency of action, and that the title of this action is hereby amended to conform with the caption on said Supplemental Summons and Amended Complaint and Amended Notice of Pendency of action without prejudice to any of the proceedings heretofore had herein; and it is further ORDERED, that the summons, complaint and notice of pendency are amêñded to include the respective heirs-at-law, next-of-kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said Defendants EMMANUEL DALEUS, AS PRESUMPT1VE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, who may be deceased by purchase, inheritance, lien or otherwise, any right, title or interest in and to the real property; and it is further ORDERED, that the caption of the action should be amended by striking therefrom the remaining defendants sued herein as "MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED" Doe" and "John #1-10, all without prejudice to the proceedings heretofore had herein; and itis further 3 ORDERED, that the amended caption of the action for all further purposes shall read as follows: __________ _______ __ ____________________ __..-X FAREVERSE LLC IN LIEU OF TRUE COMPANY NAME FINANCE OF AMERICA REVERSE, LLC Plaintiff, -against- FRITZ ANTOINE DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; UNITED STATES OF AMERICA ACTING ON BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT; CARLA LOWERY AKA CARLA DALEUS LOWERY, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; ifhe be living and ifhe be dead, the respective heirs-at-law, next-of-kin, distributes, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest and generally all persons having or claiming under, by or through said defendant who may be deceased, by purchase, inheritance, lien or inheritance, lien or otherwise any right, title or interest in or to the real property described in the complaint, ARDEN DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; PAT DALEUS AKA PETER DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED; Defendants --------------------------------------------X and it is further ORDERED, that pursuant to CPLR § 2004, the plaintiff have leave to file a supplemental summons and amended complaint, and amended notice of pendency of action, setting forth the amended caption of the action; and itis further 4 ORDERED, that the supplemental summons and amended complaint in the above entitled action be served upon defendant EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED, in the following manner: By publishing the Supplersental Summons with Notice together with the notice to the Defendant and a brief statement of the object of the action, and a brief description of the property, in each of four (4) successive weeks in two (2) newspapers designated herein as . ___ __, and such publications to be commenced within sixty (60) days after entry of this order, and by mailing a copy of the summons and amended complaint along with a copy of this order by certified and regular mail to Defendant(s) EMMANUEL DALEUS, AS PRESUMPTIVE HEIR, DEVISEE, DISTRIBUTEE OF THE ESTATE OF MARIE T. DALEUS AKA MARIE THERESE DALEUS, DECEASED at 2204 Schenectady Avenue, Brooklyn, New York 11234, that being said EMMANUEL DALEUS'S last known address, and this being the means most likely calculated to reach said Defendant; and it isfurther ORDERED, that ., Esq., whose address is , and whose telephone number is ( ) , who is hereby authorized, empowered and designated to appear in this action as Guardian Ad Litem and Military Attorney on behalf of any persons who may be infants, absentees or incompetents, or unknown successors in interest of the Defendant, EMMANUEL DALEUS who may no longer be in existence, and to protect and defend the interests of said defendant in this action; and it is further 5 ORDERED, that the Guardian Ad Litem and Military Attorney (ifapplicable) shall also act if the defendant(s) should be in default and be in the military service of the United States of America, for the purpose of representing defendant(s) and protecting defendant's interests in this action pursuant to the provisions of the Service Members Relief Act of 2003; and itis further ORDERED, that the supplemental summons and amended complaint filed herewith be delivered to the above named Guardian Ad Litem who is hereby authorized, empowered and designated to appear in this action, upon filing his acknowledged consent and duly qualifying affidavit; and itis further ORDERED, that the Plaintiffs motion for Order of Reference and Judgment of Foreclosure and Sale be made on Notice to the Guardian Ad Litem and Military Attorney; and it is further ORDERED, that the service of the supplemental summons and amended complaint upon parties who have appeared and waived service or who have been served and defaulted is hereby dispensed with; and it isfurther ORDERED, that the Guardian Ad Litem and Military Attorney (if applicable), is directed to execute his/her oath and that the same shall be filed with the KINGS COUNTY CLERK; and itis further ORDERED, that the Guardian appointed herein shall be paid upon the filing of a notice of appearance on behalf of the ward(s) and provision shall be made in the judgment of foreclosure and sale for an additional fee, payable upon transfer of title;and it is further 6 ORDERED, that the time for plaintiff to commence publication of the Supplemental Summons and Notice is hereby extended for 60 days from the date of entry of this order, pursuant to CPLR § 2004; and itis further ORDERED, that the extension of time to serve, pursuant to CPLR § 306-b, will be satisfied as long as publication is made and proof thereof is filed in the KINGS COUNTY CLERK'S office within 120 days of the filing of the Supplemental Summons and Amended complaint; and itis further ORDERED, that by acceptance of said guardianship said Guardian Ad Litem certifies that he/she has complied with Rule 36 of the Chief Judge and Section 35-a of the Judiciary Law of the State of New York E N T E R: , J.S.C. 48623.0296 7