Preview
INDEX NO. EF14-496
NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/27/2016
At antAS- Term, Part = of the Supreme
:
;
Court of the County of _ at the
Courthouse at G-¢/and, “on the
sh ~ day of May
PRESENT: HON, picerp R. Rumseé
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
ee cement cen ete eae ae anette en nacre semern =X
FEDERAL NATIONAL MORTGAGE ORDERA
E OF REFE
R RENC
ENCE
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA
Plaintiff
vs
INDEX 4: EF 14-496
KELLY R. SHARUM, DAKIN T. SHARUM,
CHESAPEAKE APPALACHIA, LLC, MORTGAGED PREMISES:
MORTGAGE ELECTRONIC REGISTRATION
6211 COUNTRY LANE
SYSETMS, INC. AS NOMINEE FOR PHH
HOMER, NY 13077
MORTGAGE CORP (FKA CENDANT
MORTGAGE CORP.,),
SBL #:
SECTION 35.03,
JOHN DOE (being fictitious, the names
BLOCK 01,
unknown to Plaintiff intended to be tenants,
LOT 34.000
oecupants, persons or corporations having or
claiming an interest in or lien upon the property
described in the complaint or their heirs at law,
distributers “culors, administrators, tr Lees,
guardians, assigaces, ereditors or successor
7 beets
aa weenie . wn XK
Upon reading the Summons, Complaint, Affidavits
of Service upon all defendants, and
the Notice of Motion datedMoh) ana the affirmation of Amanda Rudroff-Lavis, Esq.,
associate of Gross Polowy, LLC, the attomey of record for plaintiff together with the
exhibits
attached thereto, and upon the Affidavit of Van Anders
on, who is Foreclosure Specialist sworn
to Amy D. Gauthier on F ebruary 26, 2016, all prior Papers
filed in this action,
MA 2.7 BR
feat Fite r . a
ELIZABETH LARKIN, GO. CRERA
lof 4
lof4
And upon the expiration of the defendants’ time to answer,
And upon the affidavit of merit submitted on behalf of plaintiff, setting forth the facts
which entitle plaintiff to the relief prayed for, and
And upon proof of compliance with all statutory conditions precedent to a foreclos
ure
|
action,
And that a settlement conference was not required,
And it appearing to the satisfaction of this court from said documents that this action
was
brought to foreclose a mortgage on real property located in the County of Cortland
, State of New
York, that the entire unpaid balance secured thereby is due and owing,
NOW, on motion of Gross Polowy, LLC, attorney for the plaintiff, it is hereby
ORDERED, that defendants Kelly R. Sharum, Dakin T. Sharum have not appeared or
answered in this matter and are deemed in default; and it is further
ORDERED, that _ Nachs ie 5. Minw- _____Esq, with an address
of BOS. Mase Sheet, £0. Bax 3/0, Heevar, Ny. 13Tel07
Neda 7
LMF PR Brey
appointed Referee, in accordance with RPAPL § 1321 to compute the
amount due plaintiff, and
to examine and report whether the mortgaged premises can be sold in parcels;
and it is further
ORDERED, that, if required, the Referee take testimony pursuant to RPAPL
§ 1321; and
it is further
2 of 4
2 0f 4
ORDERED, that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including
, but not
limited to § 36.2 (c) ("Disqualifications from appointment"), and § 36.2 (d) ("Limitat
ions on
appointments based upon compensation"); and, if the Referee is disqualified from
receiving an
appointment pursuant to the provisions of that Rule, the Referee
| |
shall immediately notify the
Appointing Judge; and it is further
|m
ORDERED, that pursuant to CPLR § 8003(a)fthe Statutory fee of $50,00}-Gn—the-
. Shall be paid to the Referee for the computation of the
amount due and upon the filing of his/her report, the Referee shall not request or
accept
additional compensation for the computation unless it has been fixed by the
court in accordance
te CPLR § 800 ee and it is further
ORDERED, that the Referee is prohibited from accepting or retaining any funds for
hinvherself or paying funds to him/herself without compliance with Part 36 of
the Rules of the
Chief Administrative Judge; and it is further
ORDERED, that, "John Doe" be dropped as a party defendant in this action as no
occupants reside at the premises, and that the caption of this action
be amended to reflect the
deletion of "John Doe" as a party defendant; and it is further
ORDERED, that, Chesapeake Appalachia, LLC be dropped as an unnecessary party
defendant and that the caption be amended to reflect the deletion; and it
is further
3 of 4
3 0f 4
ORDERED, that the caption shall read as follows:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF CORTLAND
re ee xX
FEDERAL NATIONAL MORTGAGE
ASSOCIATION ("FANNIE MAE"), A
CORPORATION ORGANIZED AND INDEX NO: EF 14-496
EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA MORTGAGED PREMISES:
6211 COUNTRY LANE, HOMER, NY
Plaintiff, 13077
vs.
SBL #:
KELLY R. SHARUM, DAKIN T, SHARUM, SECTION 35.03,
MORTGAGE ELECTRONIC REGISTRATION BLOCK 01,
SYSETMS, INC. AS NOMINEE FOR PHH LOT 34,000
MORTGAGE CORP (FKA CENDANT
MORTGAGE CORP.),
Defendant(s)
een encesX
ORDERED, that a copy of this Order shall be served upon any party entitled thereto,
Dedeg: Moy 25,2006
EN;
Cortland, New York
Specie A, RK MSE, SSC
4 of 4
40f 4
Preview
INDEX NO. EF14-496 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 05/27/2016 At antAS- Term, Part = of the Supreme : ; Court of the County of _ at the Courthouse at G-¢/and, “on the sh ~ day of May PRESENT: HON, picerp R. Rumseé SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND ee cement cen ete eae ae anette en nacre semern =X FEDERAL NATIONAL MORTGAGE ORDERA E OF REFE R RENC ENCE ASSOCIATION ("FANNIE MAE"), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA Plaintiff vs INDEX 4: EF 14-496 KELLY R. SHARUM, DAKIN T. SHARUM, CHESAPEAKE APPALACHIA, LLC, MORTGAGED PREMISES: MORTGAGE ELECTRONIC REGISTRATION 6211 COUNTRY LANE SYSETMS, INC. AS NOMINEE FOR PHH HOMER, NY 13077 MORTGAGE CORP (FKA CENDANT MORTGAGE CORP.,), SBL #: SECTION 35.03, JOHN DOE (being fictitious, the names BLOCK 01, unknown to Plaintiff intended to be tenants, LOT 34.000 oecupants, persons or corporations having or claiming an interest in or lien upon the property described in the complaint or their heirs at law, distributers “culors, administrators, tr Lees, guardians, assigaces, ereditors or successor 7 beets aa weenie . wn XK Upon reading the Summons, Complaint, Affidavits of Service upon all defendants, and the Notice of Motion datedMoh) ana the affirmation of Amanda Rudroff-Lavis, Esq., associate of Gross Polowy, LLC, the attomey of record for plaintiff together with the exhibits attached thereto, and upon the Affidavit of Van Anders on, who is Foreclosure Specialist sworn to Amy D. Gauthier on F ebruary 26, 2016, all prior Papers filed in this action, MA 2.7 BR feat Fite r . a ELIZABETH LARKIN, GO. CRERA lof 4 lof4 And upon the expiration of the defendants’ time to answer, And upon the affidavit of merit submitted on behalf of plaintiff, setting forth the facts which entitle plaintiff to the relief prayed for, and And upon proof of compliance with all statutory conditions precedent to a foreclos ure | action, And that a settlement conference was not required, And it appearing to the satisfaction of this court from said documents that this action was brought to foreclose a mortgage on real property located in the County of Cortland , State of New York, that the entire unpaid balance secured thereby is due and owing, NOW, on motion of Gross Polowy, LLC, attorney for the plaintiff, it is hereby ORDERED, that defendants Kelly R. Sharum, Dakin T. Sharum have not appeared or answered in this matter and are deemed in default; and it is further ORDERED, that _ Nachs ie 5. Minw- _____Esq, with an address of BOS. Mase Sheet, £0. Bax 3/0, Heevar, Ny. 13Tel07 Neda 7 LMF PR Brey appointed Referee, in accordance with RPAPL § 1321 to compute the amount due plaintiff, and to examine and report whether the mortgaged premises can be sold in parcels; and it is further ORDERED, that, if required, the Referee take testimony pursuant to RPAPL § 1321; and it is further 2 of 4 2 0f 4 ORDERED, that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36), including , but not limited to § 36.2 (c) ("Disqualifications from appointment"), and § 36.2 (d) ("Limitat ions on appointments based upon compensation"); and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee | | shall immediately notify the Appointing Judge; and it is further |m ORDERED, that pursuant to CPLR § 8003(a)fthe Statutory fee of $50,00}-Gn—the- . Shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report, the Referee shall not request or accept additional compensation for the computation unless it has been fixed by the court in accordance te CPLR § 800 ee and it is further ORDERED, that the Referee is prohibited from accepting or retaining any funds for hinvherself or paying funds to him/herself without compliance with Part 36 of the Rules of the Chief Administrative Judge; and it is further ORDERED, that, "John Doe" be dropped as a party defendant in this action as no occupants reside at the premises, and that the caption of this action be amended to reflect the deletion of "John Doe" as a party defendant; and it is further ORDERED, that, Chesapeake Appalachia, LLC be dropped as an unnecessary party defendant and that the caption be amended to reflect the deletion; and it is further 3 of 4 3 0f 4 ORDERED, that the caption shall read as follows: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF CORTLAND re ee xX FEDERAL NATIONAL MORTGAGE ASSOCIATION ("FANNIE MAE"), A CORPORATION ORGANIZED AND INDEX NO: EF 14-496 EXISTING UNDER THE LAWS OF THE UNITED STATES OF AMERICA MORTGAGED PREMISES: 6211 COUNTRY LANE, HOMER, NY Plaintiff, 13077 vs. SBL #: KELLY R. SHARUM, DAKIN T, SHARUM, SECTION 35.03, MORTGAGE ELECTRONIC REGISTRATION BLOCK 01, SYSETMS, INC. AS NOMINEE FOR PHH LOT 34,000 MORTGAGE CORP (FKA CENDANT MORTGAGE CORP.), Defendant(s) een encesX ORDERED, that a copy of this Order shall be served upon any party entitled thereto, Dedeg: Moy 25,2006 EN; Cortland, New York Specie A, RK MSE, SSC 4 of 4 40f 4