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FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
____ ____________ _________________
MATT LAVALLEE,
Plaintiff,
-against-
SUMMONS
TRISHA SHEEHAN, Index No.
Defendant.
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve
a notice of appearance, on the plaintiff's attorney(s) within 20 days after the service of this
summons, exclusive of the day of service, or within 30 days after the service is complete
ifthis summons is not personally delivered to your within the State of New York; and in
case of your failure to appear or answer, judgment willbe taken against you by default for
the relief demanded in the complaint.
Plaintiff designates Essex County as the place of trial.The basis of the venue is
plaintiff's residence. Plaintiff resides at Ausable Forks, Essex County, New York.
Dated: November 6, 2020 Law Office of James M. Brooks
a es M. Brooks, Esq.
orney for Plaintiff
72 Olympic Drive
Lake Placid, New York 12946
(518) 523-1555
To the above-named defendant: The nature and basis of this action is New York's RPAP
Law Article 15 and CPLR §3001 for a judicial declaration of rights as a contract vendee for
property in the Town of Chesterfield.
The relief sought is a declaration that defendant's pretend contact of 2018 is void and of
no force and effect, plaintiff's costs, legal fees and disbursements under law and 22
NYCRR §130-1 for a frivolous claim, all as claimed in the complaint.
LAW OFFICE OF - JAMES M. i¯sRüüKa - 72 of 35DRIVE -
1 OLYMPIC LAKE PLAC1D, NEW YORK 1294Ei
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020
STATE OF NEW YORK
SUPREME COURT COUNTY OF ESSEX
______ _______ _____
MATT LAVALLEE,
-against-
VERIFIED COMPLAINT
TRISHA SHEEHAN, Index No.
Defendant.
___--------------____._........________
Plaintiff, complaining of the defendant, respectfully alleges and shows to this Court
as follows:
1. At all times herein relevant, plaintiff resides at 320 Burke Road, Keeseville,
Essex County, New York, although plaintiff is now temporarily residing at 293 Dry Bridge
Road, Ausable Forks, Essex County, New York.
2. At all times herein relevant and to the date hereof defendant resides at 293
Farrell Road, Willsboro, Essex County, New York.
3. On June 8, 2015 plaintiff entered into a written contract with M. Frank Erwin
of Charlotte, North Carolina for the purchase and sale of Lot #4 situated in Lots 173 and
174 in Mauls Patent and Lot 15 in Platts Patent in the Town of Chesterfield, County of
Essex, State of New York as shown on a map by R. Cobane, L.S. filed in the Essex County
Clerk's Office as Map #3687; (at times and places herein said Lot being purchased shall
be referred to as Lot 4 in the Town of Chesterfield); a true copy of said contract is attached
hereto and incorporated herein by reference and made a part hereof as Exhibit A; a true
LAW OFFICE OF - - 72 -
JAMES M. BROOKS 2 OLYMPICDRIVE
of 35 LAKE PLACID, NEW YORK 12946
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copy of Map #3687 on file in the Essex County Clerk's Office and depicting Lot 4 is
attached hereto and incorporated herein by reference and made a part hereof as Exhibit
B.
4. Since June 8, 2015 and to the date hereof plaintiff, as contract vendee, has
fully complied with all of the Exhibit A contract terms, payments and conditions, as had M.
Frank Erwin, the contract vendor prior to his death, and as has his surviving wife, Marcia
Erwin of Charlotte, North Carolina, since his untimely death; neither the Estate of M. Frank
Erwin nor his surviving wife Marcia Erwin are necessary parties to this action as the
judgment relief sought in this action will not expose the Erwin contract rights to any
inequitable effect as our Exhibit A contract remains in fullforce and effect by and between
the parties thereto.
5. For many years in the past, plaintiff and defendant had lived together; in July
of 2020 plaintiff and defendant terminated our cohabitation and we have lived separate and
apart since July, 2020, she at the address set forth in paragraph 2 of this complaint, and
plaintiff at the addresses set forth in paragraph 1 of this complaint.
6. On or about August 14, 2020 defendant came to plaintiff with some written
documents prepared by some attorney and demanded I sign and transfer allof my rights,
titleand interest in the Exhibit A land contract I have had with M. Frank Erwin since 2015;
plaintiff refused to do as defendant demanded, to the great and violent displeasure of
defendant.
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7. By reason of the events of August 14, 2020 as above stated, plaintiff came
into possession of a purported and pretended contract bearing a date of June 1, 2018 from
which plaintiff discovered for the first time that plaintiff's signature had been forged and
placed on a contract document as if he had signed and executed a contract for the
purchase and sale of the same Lot 4 inthe Town of Chesterfield then under contract with
plaiñtiff and M. Frank Erwin since June 8, 2015, and plaintiff also discovered that said
pretended contract falsely stated and purported to represent to those provided with said
contract document that plaintiff acknowledged his signature in 2018 to and in the presence
of a notary public of the State of New York named Lori A. Gay; all such representations
and plaintiff's signature are false and untrue; a copy of said pretended and false contract
is attached hereto and made a part hereof as Exhibit C; as therein claimed and falsely
represented defendant would become a contract vendee with plaintiff in the purchase of
Lot 4 in the Town of Chesterfield, Essex County, New York, a contract result not agreed
to or effectuated by a final written agreement with plaintiff and defeñdañt as required by
New York law.
8. As further evidence of the bogus contract (Exhibit C), the notary public
purporting to have been present when i reportedly acknowledged my execution of that
contract in her presence did not date the date of said fake event or even insert the county
of the place where such signing and acknowledgment is claimed to have occurred, all in
violation of her notary public functions, obligations and duties under Executive Law §130
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LAW OFFICE OF - JAMES M. BROOKS - 72 OLYMPICDRIVE - LAKE PLACID, NEW YOFtK 1294Ei
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of the State of New York.
9. Plaintiff promptly reported the false and untruthful facts and events aforesaid
to the New York State Police and requested itinvestigate the wrongful and criminal acts
and events of forgery of my name and false and untrue representations of my a!!eged
acknowledgment to the notary public and take the appropriate action under the law.
10. Annexed hereto as Exhibit D, and made a part of this complaint is a true copy
of the Supporting Deposition document provided plaintiff as a result of the investigation of
the New York State Police dated August 16, 2020 in which notary public Lori A. Gay admits
that when she signed her name on what is the third page of Exhibit C there were no
signatures of either plaintiff or defendant on that document that she was provided, that
plaintiff Matt LaVallee was not present before her at the time she was requested and did
notarize the document at the request of defendant, that plaintiff Matt LaVallee did not
acknowledde to her when she was requested to notarize the document that he signed the
document she notarized at the request of defendant, and she admitted having not
performed and complied with the obligations, requirements and provisions of New York law
required of notary publics as above stated because of her past and prevailing employment
relationship with defendant and the business defendant and her family own and operate;
in effect and result, the cõñtract marked Exhibit C is a forged and fake document created
by defendant and should be declared void and of no force and effect by this Court.
11. On October 15, 2020 plaintiff had his attorney write to Marcia Erwin as
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LAW OFFICE OF - JAMES M. BR00M5 - 72 35DRIVE -
5 OLYMPIC
of LAKE PLAElD, NEW YORK 12946
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surviving spouse of contract vendor of Lot 4 in the Town of Chesterfield by letter to her
attorney Joseph M. Walsh, Esq., to inquire of the status of the Exhibit A contract and to
accelerate payments to secure a closing of title,making reference to plaintiff's desire to
proceed to ownership, a true copy of said letter being attached hereto and incorporated
herein by reference and made a part hereof as Exhibit E.
12. On October 15, 2020 attorney Walsh responded to letter Exhibit E evidencing
to plaintiff and plaintiff's attorney that defendant had falsely represented and presented to
contract vendor Erwin and/or his surviving wife the fake and false land contract marked
Exhibit C, and that she has falsely represented to said contract vendor that she was also
a contract vendee of the Lot 4 parcel, a copy of said writteñ advices by Attorney Walsh to
plaintiffs attorney being attached hereto as Exhibit F, itevidencing the present disputed
claim by and between plaintiff and defendant as to the true owner and holder of the
exclusive status as contract vendee of the contract rights to purchase Lot 4 in the Town of
Chesterfield being plaintiff Matt LaVallee only.
13. For compliance with the statutory requirements of the Real Property Actions
and Proceedings Law, Article 15 of the State of New York, plaintiff respectfully asserts:
(a) All defendants are known and are named as parties herein;
(b) None of the parties are infants, mentally retarded, meñially ill or
alcohol or drug abusers;
(c) Any judgment granted hereon will not effect any person or persons not
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LAW OFFICE OF - JAME5 M. BROOKS - 72
6 OLVMPICDR[VE
of 35 - LAKE PLACID, NEW YORK 12945
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in being or ascertained at the time of commencernent of this action who by any
contingency contained in a devise or grant or otherwise, could become entitled to a
beneficial estate of interest in the aforesaid premises known as Lot 4 in the Town of
Chesterfield;
(d) No previous action for the relief herein requested has been maintained
or prosecuted by plaintiff.
14. By reason of the facts and documents set forth in this verified complaint,
plaintiff demands a judgment of this Court (1) declaring that the pretended contract dated
June 1, 2018 and marked herein as Exhibit C be declared void and of no force and effect,
(2) declaring that only plaintiff Matt LaVallee remains and is the lawful contract vendee of
the land contract dated June 8, 2015 marked herein as exhibit A, and (3) by reason of the
claims of defendant and her frivolous acts and conduct as established by exhibits C, D and
F, plaintiff be awarded judgment against defendant for his reasonable counsel fees,
expenses and disbursements pursuant to 22 NYCRR §130, and such other and further
relief as is just and proper.
WHEREFORE, plaintiff demands and is entitled to a declaratory judgment of this
Court against defendant (1) declaring that the pretended contract dated June 1, 2018 and
marked herein as Exhibit C be declared void and of no force and effect, (2) declaring that
only plaintiff Matt LaVallee remains and is the lawful contract vendee of the land contract
dated June 8, 2015 marked herein as exhibit A, and (3) by reason of the claims of
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defendant and her frivolous acts and conduct as established by exhibits C, D and F,
plaintiff be awarded judgment against defendant for his reasonable counselfees, expenses
and disbursements pursuant to 22 NYCRR §130, and (4) such other and further relief as
is just and proper.
Dated: November 6, 2020 Law Office of James M. Brooks
James M. Brooks, Esq.
At rney for Plaintiff
72 Olympic Drive
Lake Placid, NY 12946
(518)523-1555
Email: jamesmbrooks@jmbrooks.net
7
LAW OFFICEOF - JAMES M. BROOKS - 72 of 35DRIVE -
8 OLYMPIE LAKE PLAC3D, NEW YORK 12946
FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447
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VERIFICATION
STATE OF NEW YORK )
)SS:
COUNTY OF ESSEX )
Matt LaVallee, being duly sworn, deposes and says: I am one of the plaintiff herein.
I have read the Verified Complaint, know the contents thereof, and the same are true to
my knowledge except those matters therein which are stated to be alleged on information
and belief, and as to those matters I believe them to be true.
_rno4A Aft‰
(viattLaVallee
6th
Sworn to before me this day
of November, 2020.
Public . Dated . .
y
CR Part - 130 Cert f catiord
. . s-,. ,
8
LAW OFFICE OF - JAMES M. BROOK5 - 72 DLVMPECDRIVE - LAKE PLACID, NEW YORK 12946
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EXHIBIT A
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LAND CONTRACT
This agreement is made and entered into the 8 day ofhgle 2015, by and between M.
Frank Erwin residing at 7912 Willows Pond Court, Charlotte, North Carolina, hereinafter
called Seller, and Matt Lavallee residing at 263 Dry Bridge Road, AuSable Forks, New
York 12912 hereinafter called the Buyer, in the manner following:
1. The Seller agrees to sell and the Buyer agrees to purchase those premises located in
the Town of Chesterfield, County of Essex, State of New York, more particularly
"A"
described in Schedule hereto annexed.
2. The purchase price is THIRTY FIVE THOUSAND THREE HUNDRED DOLLARS
($35,300.00) payable with $5000.00 payable on execution of this contract and the
remainder according to the note annexed hereto as Schedule "B".
3. In the event this document is desired to be recorded by the Buyer, then in such event,
all expenses for such recording shall be paid for the Buyer.
4. The parties agree that no broker was involved in connection with this transaction, nor
is any other person involved in the same on a fee or commission basis.
5. Upon the payment of the sums due hereunder, the Seller agrees to deliver to the
- Buyer a Bargain and Sale with covenant against together with an
Deed, Grantor,
abstract of title, covering at least forty (40) years last past and continued to within
thirty (30) days of the final payment.
6. The Seller will transfer allthe right, titleand interest of the Seller in the property free
from all encumbrances and exceptions, except:
a. Laws and governmental regulations, including zoning;
b. Normal utility distribution easements;
c. Any state of facts an accurate survey or inspection of the property would
disclose, provided they do not render titleunmarketable.
7. The Seller agrees to pay the New York State real property transfer tax as established
by the law, when the final payment is made hereunder.
8. All property taxes and other charges will be prorated between the Seller and Buyer as
of the date of this agreement. The Buyer will thereafter pay alltaxes, assessments,
and water rents thereafter becoming due within thirty (30) days of the date of billing
thereof by the appropriate municipal authorities.
9. The transfer of the title shall take place at the lending institution designated by the
Buyer, situate within the County of Warren, if theBuyer obtains financing from a
lending institution. Otherwise, the closing will take place as determined by the Seller.
10. Possession is granted upon execution of this agreement by both the Buyers and the
Seller.
11. The Buyer agrees that no timber shall be removed from the premises until the
property during the term of the mortgage or until the full amount of the mortgage is
paid.
12. The Buyer agrees not to inhibit access to the Lot 3 owned by the Seller and BUYER
agreesto maintain the portion of Burke Road in good repair all the way to westerly
edge of the property that borders on Lot 3.
13. The Seller and the Buyer agree that they, their heirs, legal representative, successors
and assigns will be bound under the terms of this agreement. The Buyer will not sell,
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assign, mortgage or pledge this property or agreement without the written consent of
the Seller.
14. Should default (including nonpayrnent within 15 days of the due date) be made by the
Buyer in any of the provisions hereof, the Seller may immediately thereafter declare
this agreement void and forfeited and the said buildings, improvements and all
payments made on this agreement shall be forfeited to the Seller as for the use of the
premises and as stipulated damages for the failure to perform this agreement and the
seller shall be entitled to immediate peaceable possession of said premises without
notice and remove the Buyer and allpersons claiming under him therefrom, and the
Seller may, without notice to the Buyer, declare all money remaining unpaid under
this agreement forthwith due and payable, notwithstanding that the period
hereinbefore limited for the payment of the said balance may not then have expired,
and the Seller may thereafter enforce his rights under this agreement in law or equity,
or may take summary proceedings to forfeit the interests of Buyer or may enforce
said agreement in any other manner now or hereafter provided, In addition to any
other remedy, Seller, on default being made, may consider Buyer as a tenant holding
over without permission and remove Buyer from said premises according to the law
in such case made and provided.
15. This Contract shall be constructed in accordance with the Laws of the State of New
York.
1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
MATT LAVALLEE - BUYER
. FRANK ERWIN- SELLER
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STATE OF NEW YORK )
) SS.:
COUNTY OF )
On the /0 of in the year Two Thnnaand and Fifteen before me, the
day
undersigned, a Notary Pu lic in and for said State, personally appeared MATT LAVALLEE,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that she executed
the same in her capacity, and that by her signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the instrument.
Nofa y Pub c S e of w York
NO. 01LAá185362
Qualifiedin Essex County
Notary P ublic
My Comrrdssion ExpiresApr 14,20
STATE OF NORTH CAROLIA )
) SS.:
COUNTY OF tWLW\e.‰ )
On the 3r d of - An e. in the year Two Thousand and Fifteen before me,
day
the undersigned, a Notary Public in and for said State, personally appeared M. FRANK ERWIN,
personally Imown to me or provided to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and acküõwledged to me that he
expected the same in his capacity, and that by his signature on the instrument, the individual, or
the person upon behalf of which the individual acted, executed the instrument.
OTARY -
a Notary Pubhe
UBUC
My Commission Ezpires April 19, 2020
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate and being in the Town of Chesterfield,
County of Essex and State of New York and being more particularly described as follows:
THAT TRACT OR PARCEL OF LAND in the Town of Chesterfield, Essex County, New
York, depicted as Lot 4 on a "Map Showing Survey of Property for Patten Corporation
Northeast, situate in Lots 173 and 174, Maul's Patent, and Lot 15, Platt's Patent, Town of
Chesterfield, County of Essex, State of New York, dated February 21, 1987, by Roderick N.
Cobane, L.S. which map has been filed in the Essex County Clerk's Office (Map #3756)
ALSO granting a right-of-way, for normal purpose of ingress and egress, over "Burke
Road", so called and the roadway which constitutes a westerly extension thereof, from the
easterly bounds of Lot 5, as depicted on the afore said survey map, to easterly bounds of the
premises conveyed herein, in common with and for the benefit of the owners of the lots depicted
on said survey map to extent that said roads provides access to said other lots, and subject to a
right-of-way over said roads, including the extension(s) thereof that cross the premises conveyed
herein, in favor of said other lots, to the extent that said that said roads provide access to said
other lots,with owner of each lot on said on said survey map to be responsible, for the
reasoñãble and necessstry costs of maintenance of the portion of said roads which lie within the
bounds of his or her lot and more specifically, to keep said portion of the road in the condition as
a good all-season gravel roadway (said maintenance responsibility not to include snowplowing
however).
THE provisions hereof shall run with the land, and shall bind and inure to the benefit of the
owner of the premises conveyed herein and the Owner(s) of lot #3 as depicted on said map.
SUBJECT TO conditions of record.
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"B"
SCHEDULE
The sum of THIRTY THOUSAND, THREE HUNDRED AND 00/100 DOLLARS
(30,300.00) shall be paid as follows:
The sum of TWO HUNDRED AND NINETY F1VE and 68/100 DOLARS ($295.68) shall be
due and payable on account of both principal and interest at the rate of 6 percent per annum on
1ST
the day July 2015 and of each and every month thereafter until said principal sum and
interest has been fully paid, the entire unpaid balance of principal and interest to be due and
1sT
payable in any event on the day of June, 2027 together with the privilege of the Buyer to pay
any or all of said principal sum on any monthly payment date in advance without penalty.
The whole of principal sum and interest, however, shall becorne due and payable at the
option of the Seller if payment of any installment of principal or of interest is not made within
thirty (30) days of the due date.
In the event that monthly payment of the amount due is not made within fifteen days of the due
date, interest shall be added to the outstanding halance of the note due in the amount of two
percent (2%) of the late payment.
Notice and demand or request may be in writing and may be served in person, by US Mail or by
email.
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Loan Amortization Schedule
HELP © 2008 vertex42LLC
5â$ Ñ SumiÜary
oan Amourit 30 300.00 Rate (per period) 0.500%
AnnuaÚnterest Rate 6.00% Number of Payments 144
Term of Loan in Years 12 Total Payments 42,578.30
First Payment Date 7/1/2015 Total Interest 12,278.30
Payment Est. Interest Savings -
Frequency Monthly
Compound Period MontNy .
Payment Type Erni ofPeriod .
Monthly Payment 295.68
Amortization Schedule O Rounding On
Additional
Due Date _ Payment Paýment Interest Principal - Balance
No. _
30,300.00
1 7/1/15 295.68 151.50 144.18 30,155.82
2 8/1/15 295.68 150.78 144.90 30,010.91
3 9/1/15 295.68 150.05 145.63 29,865.29
4 10/1/15 295.68 149.33 146.36 29,718.93
5 11/1/15 295.68 148.59 147.09 29,571.84
6 12/1/15 295.68 147.86 147.82 29,424.02
7 1/1/16 295.68 147.12 148.56 29,275.46
B 2/1/16 295.68 146.38 149.31 29,126.15
9 3/1/16 295.68 145.63 150.05 28,976.10
10 4/1/16 295.68| 144.88 150.80 28,825.30
11 5/1/16 295.68 144.13 151.56 28,673.74
12 6/1/16 295.68 143.37 152.31 28,521.43
13 7/1/16 295.68 142.61 153.08 28,368.35
14 8/1/16 295.68 141.84 153.84 28,214.51
15 9/1/16 295.68 141.07 154.61 28,059.90
16 10/1/16 295.68 140.30 155.38 27,904.52
17 11/1/16 295.68 139.52 156.16 27,748.36
18 12/1/16 295.68 13B.74 156.94 27,591.42
19 1/1/17 295.68 137.96 157.73 27,433.69
20 2/1/17 295.68 137.17 158.51 27,275.18
21 3/1/17 295.68 136.3B 159.31 27,115.B7
22 4/1/17 295.68 135.58 160.10 26,955.77
23 5/1/17 295.68 134.78 160.90 26,794.86
24 6/1/17 295.68 133.97 161.71 26,633.15
25 7/1/17 295.68 133.17 162.52 26,470.64
26 8/1/17 295.68 132.35 163.33 26,307.31
27 9/1/17 295.6B 131.54 164.15 26,143.16
28 10/1/17 295.68 130.72 164.97 25,978.20
29 11/1/17 295.68 129.89 165.79 25,812.40
30 12/1/17 295.68 129.06 166.62 25,645.78
31 1/1/18 295.68 128.23 167.45 25,478.33
32 2/1/18 295.68 127.39 168.29 25,310.04
33 3/1/18 295.68 126.55 169.13 25,140.91
34 4/1/16 295.68 125.70 169.98 24,970.93
35 5/1/18 295.68 124.85 170.83 24,800.10
36 6/1/18 295.68 124.00 171.68 24,628.42
37
Preview
FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX ____ ____________ _________________ MATT LAVALLEE, Plaintiff, -against- SUMMONS TRISHA SHEEHAN, Index No. Defendant. TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, ifthe complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney(s) within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after the service is complete ifthis summons is not personally delivered to your within the State of New York; and in case of your failure to appear or answer, judgment willbe taken against you by default for the relief demanded in the complaint. Plaintiff designates Essex County as the place of trial.The basis of the venue is plaintiff's residence. Plaintiff resides at Ausable Forks, Essex County, New York. Dated: November 6, 2020 Law Office of James M. Brooks a es M. Brooks, Esq. orney for Plaintiff 72 Olympic Drive Lake Placid, New York 12946 (518) 523-1555 To the above-named defendant: The nature and basis of this action is New York's RPAP Law Article 15 and CPLR §3001 for a judicial declaration of rights as a contract vendee for property in the Town of Chesterfield. The relief sought is a declaration that defendant's pretend contact of 2018 is void and of no force and effect, plaintiff's costs, legal fees and disbursements under law and 22 NYCRR §130-1 for a frivolous claim, all as claimed in the complaint. LAW OFFICE OF - JAMES M. i¯sRüüKa - 72 of 35DRIVE - 1 OLYMPIC LAKE PLAC1D, NEW YORK 1294Ei FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 STATE OF NEW YORK SUPREME COURT COUNTY OF ESSEX ______ _______ _____ MATT LAVALLEE, -against- VERIFIED COMPLAINT TRISHA SHEEHAN, Index No. Defendant. ___--------------____._........________ Plaintiff, complaining of the defendant, respectfully alleges and shows to this Court as follows: 1. At all times herein relevant, plaintiff resides at 320 Burke Road, Keeseville, Essex County, New York, although plaintiff is now temporarily residing at 293 Dry Bridge Road, Ausable Forks, Essex County, New York. 2. At all times herein relevant and to the date hereof defendant resides at 293 Farrell Road, Willsboro, Essex County, New York. 3. On June 8, 2015 plaintiff entered into a written contract with M. Frank Erwin of Charlotte, North Carolina for the purchase and sale of Lot #4 situated in Lots 173 and 174 in Mauls Patent and Lot 15 in Platts Patent in the Town of Chesterfield, County of Essex, State of New York as shown on a map by R. Cobane, L.S. filed in the Essex County Clerk's Office as Map #3687; (at times and places herein said Lot being purchased shall be referred to as Lot 4 in the Town of Chesterfield); a true copy of said contract is attached hereto and incorporated herein by reference and made a part hereof as Exhibit A; a true LAW OFFICE OF - - 72 - JAMES M. BROOKS 2 OLYMPICDRIVE of 35 LAKE PLACID, NEW YORK 12946 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 copy of Map #3687 on file in the Essex County Clerk's Office and depicting Lot 4 is attached hereto and incorporated herein by reference and made a part hereof as Exhibit B. 4. Since June 8, 2015 and to the date hereof plaintiff, as contract vendee, has fully complied with all of the Exhibit A contract terms, payments and conditions, as had M. Frank Erwin, the contract vendor prior to his death, and as has his surviving wife, Marcia Erwin of Charlotte, North Carolina, since his untimely death; neither the Estate of M. Frank Erwin nor his surviving wife Marcia Erwin are necessary parties to this action as the judgment relief sought in this action will not expose the Erwin contract rights to any inequitable effect as our Exhibit A contract remains in fullforce and effect by and between the parties thereto. 5. For many years in the past, plaintiff and defendant had lived together; in July of 2020 plaintiff and defendant terminated our cohabitation and we have lived separate and apart since July, 2020, she at the address set forth in paragraph 2 of this complaint, and plaintiff at the addresses set forth in paragraph 1 of this complaint. 6. On or about August 14, 2020 defendant came to plaintiff with some written documents prepared by some attorney and demanded I sign and transfer allof my rights, titleand interest in the Exhibit A land contract I have had with M. Frank Erwin since 2015; plaintiff refused to do as defendant demanded, to the great and violent displeasure of defendant. 2 3 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 7. By reason of the events of August 14, 2020 as above stated, plaintiff came into possession of a purported and pretended contract bearing a date of June 1, 2018 from which plaintiff discovered for the first time that plaintiff's signature had been forged and placed on a contract document as if he had signed and executed a contract for the purchase and sale of the same Lot 4 inthe Town of Chesterfield then under contract with plaiñtiff and M. Frank Erwin since June 8, 2015, and plaintiff also discovered that said pretended contract falsely stated and purported to represent to those provided with said contract document that plaintiff acknowledged his signature in 2018 to and in the presence of a notary public of the State of New York named Lori A. Gay; all such representations and plaintiff's signature are false and untrue; a copy of said pretended and false contract is attached hereto and made a part hereof as Exhibit C; as therein claimed and falsely represented defendant would become a contract vendee with plaintiff in the purchase of Lot 4 in the Town of Chesterfield, Essex County, New York, a contract result not agreed to or effectuated by a final written agreement with plaintiff and defeñdañt as required by New York law. 8. As further evidence of the bogus contract (Exhibit C), the notary public purporting to have been present when i reportedly acknowledged my execution of that contract in her presence did not date the date of said fake event or even insert the county of the place where such signing and acknowledgment is claimed to have occurred, all in violation of her notary public functions, obligations and duties under Executive Law §130 3 LAW OFFICE OF - JAMES M. BROOKS - 72 OLYMPICDRIVE - LAKE PLACID, NEW YOFtK 1294Ei 4 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 of the State of New York. 9. Plaintiff promptly reported the false and untruthful facts and events aforesaid to the New York State Police and requested itinvestigate the wrongful and criminal acts and events of forgery of my name and false and untrue representations of my a!!eged acknowledgment to the notary public and take the appropriate action under the law. 10. Annexed hereto as Exhibit D, and made a part of this complaint is a true copy of the Supporting Deposition document provided plaintiff as a result of the investigation of the New York State Police dated August 16, 2020 in which notary public Lori A. Gay admits that when she signed her name on what is the third page of Exhibit C there were no signatures of either plaintiff or defendant on that document that she was provided, that plaintiff Matt LaVallee was not present before her at the time she was requested and did notarize the document at the request of defendant, that plaintiff Matt LaVallee did not acknowledde to her when she was requested to notarize the document that he signed the document she notarized at the request of defendant, and she admitted having not performed and complied with the obligations, requirements and provisions of New York law required of notary publics as above stated because of her past and prevailing employment relationship with defendant and the business defendant and her family own and operate; in effect and result, the cõñtract marked Exhibit C is a forged and fake document created by defendant and should be declared void and of no force and effect by this Court. 11. On October 15, 2020 plaintiff had his attorney write to Marcia Erwin as 4 LAW OFFICE OF - JAMES M. BR00M5 - 72 35DRIVE - 5 OLYMPIC of LAKE PLAElD, NEW YORK 12946 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 surviving spouse of contract vendor of Lot 4 in the Town of Chesterfield by letter to her attorney Joseph M. Walsh, Esq., to inquire of the status of the Exhibit A contract and to accelerate payments to secure a closing of title,making reference to plaintiff's desire to proceed to ownership, a true copy of said letter being attached hereto and incorporated herein by reference and made a part hereof as Exhibit E. 12. On October 15, 2020 attorney Walsh responded to letter Exhibit E evidencing to plaintiff and plaintiff's attorney that defendant had falsely represented and presented to contract vendor Erwin and/or his surviving wife the fake and false land contract marked Exhibit C, and that she has falsely represented to said contract vendor that she was also a contract vendee of the Lot 4 parcel, a copy of said writteñ advices by Attorney Walsh to plaintiffs attorney being attached hereto as Exhibit F, itevidencing the present disputed claim by and between plaintiff and defendant as to the true owner and holder of the exclusive status as contract vendee of the contract rights to purchase Lot 4 in the Town of Chesterfield being plaintiff Matt LaVallee only. 13. For compliance with the statutory requirements of the Real Property Actions and Proceedings Law, Article 15 of the State of New York, plaintiff respectfully asserts: (a) All defendants are known and are named as parties herein; (b) None of the parties are infants, mentally retarded, meñially ill or alcohol or drug abusers; (c) Any judgment granted hereon will not effect any person or persons not 5 LAW OFFICE OF - JAME5 M. BROOKS - 72 6 OLVMPICDR[VE of 35 - LAKE PLACID, NEW YORK 12945 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 in being or ascertained at the time of commencernent of this action who by any contingency contained in a devise or grant or otherwise, could become entitled to a beneficial estate of interest in the aforesaid premises known as Lot 4 in the Town of Chesterfield; (d) No previous action for the relief herein requested has been maintained or prosecuted by plaintiff. 14. By reason of the facts and documents set forth in this verified complaint, plaintiff demands a judgment of this Court (1) declaring that the pretended contract dated June 1, 2018 and marked herein as Exhibit C be declared void and of no force and effect, (2) declaring that only plaintiff Matt LaVallee remains and is the lawful contract vendee of the land contract dated June 8, 2015 marked herein as exhibit A, and (3) by reason of the claims of defendant and her frivolous acts and conduct as established by exhibits C, D and F, plaintiff be awarded judgment against defendant for his reasonable counsel fees, expenses and disbursements pursuant to 22 NYCRR §130, and such other and further relief as is just and proper. WHEREFORE, plaintiff demands and is entitled to a declaratory judgment of this Court against defendant (1) declaring that the pretended contract dated June 1, 2018 and marked herein as Exhibit C be declared void and of no force and effect, (2) declaring that only plaintiff Matt LaVallee remains and is the lawful contract vendee of the land contract dated June 8, 2015 marked herein as exhibit A, and (3) by reason of the claims of 6 7 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 defendant and her frivolous acts and conduct as established by exhibits C, D and F, plaintiff be awarded judgment against defendant for his reasonable counselfees, expenses and disbursements pursuant to 22 NYCRR §130, and (4) such other and further relief as is just and proper. Dated: November 6, 2020 Law Office of James M. Brooks James M. Brooks, Esq. At rney for Plaintiff 72 Olympic Drive Lake Placid, NY 12946 (518)523-1555 Email: jamesmbrooks@jmbrooks.net 7 LAW OFFICEOF - JAMES M. BROOKS - 72 of 35DRIVE - 8 OLYMPIE LAKE PLAC3D, NEW YORK 12946 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 VERIFICATION STATE OF NEW YORK ) )SS: COUNTY OF ESSEX ) Matt LaVallee, being duly sworn, deposes and says: I am one of the plaintiff herein. I have read the Verified Complaint, know the contents thereof, and the same are true to my knowledge except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. _rno4A Aft‰ (viattLaVallee 6th Sworn to before me this day of November, 2020. Public . Dated . . y CR Part - 130 Cert f catiord . . s-,. , 8 LAW OFFICE OF - JAMES M. BROOK5 - 72 DLVMPECDRIVE - LAKE PLACID, NEW YORK 12946 9 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 EXHIBIT A 10 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 LAND CONTRACT This agreement is made and entered into the 8 day ofhgle 2015, by and between M. Frank Erwin residing at 7912 Willows Pond Court, Charlotte, North Carolina, hereinafter called Seller, and Matt Lavallee residing at 263 Dry Bridge Road, AuSable Forks, New York 12912 hereinafter called the Buyer, in the manner following: 1. The Seller agrees to sell and the Buyer agrees to purchase those premises located in the Town of Chesterfield, County of Essex, State of New York, more particularly "A" described in Schedule hereto annexed. 2. The purchase price is THIRTY FIVE THOUSAND THREE HUNDRED DOLLARS ($35,300.00) payable with $5000.00 payable on execution of this contract and the remainder according to the note annexed hereto as Schedule "B". 3. In the event this document is desired to be recorded by the Buyer, then in such event, all expenses for such recording shall be paid for the Buyer. 4. The parties agree that no broker was involved in connection with this transaction, nor is any other person involved in the same on a fee or commission basis. 5. Upon the payment of the sums due hereunder, the Seller agrees to deliver to the - Buyer a Bargain and Sale with covenant against together with an Deed, Grantor, abstract of title, covering at least forty (40) years last past and continued to within thirty (30) days of the final payment. 6. The Seller will transfer allthe right, titleand interest of the Seller in the property free from all encumbrances and exceptions, except: a. Laws and governmental regulations, including zoning; b. Normal utility distribution easements; c. Any state of facts an accurate survey or inspection of the property would disclose, provided they do not render titleunmarketable. 7. The Seller agrees to pay the New York State real property transfer tax as established by the law, when the final payment is made hereunder. 8. All property taxes and other charges will be prorated between the Seller and Buyer as of the date of this agreement. The Buyer will thereafter pay alltaxes, assessments, and water rents thereafter becoming due within thirty (30) days of the date of billing thereof by the appropriate municipal authorities. 9. The transfer of the title shall take place at the lending institution designated by the Buyer, situate within the County of Warren, if theBuyer obtains financing from a lending institution. Otherwise, the closing will take place as determined by the Seller. 10. Possession is granted upon execution of this agreement by both the Buyers and the Seller. 11. The Buyer agrees that no timber shall be removed from the premises until the property during the term of the mortgage or until the full amount of the mortgage is paid. 12. The Buyer agrees not to inhibit access to the Lot 3 owned by the Seller and BUYER agreesto maintain the portion of Burke Road in good repair all the way to westerly edge of the property that borders on Lot 3. 13. The Seller and the Buyer agree that they, their heirs, legal representative, successors and assigns will be bound under the terms of this agreement. The Buyer will not sell, 11 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 assign, mortgage or pledge this property or agreement without the written consent of the Seller. 14. Should default (including nonpayrnent within 15 days of the due date) be made by the Buyer in any of the provisions hereof, the Seller may immediately thereafter declare this agreement void and forfeited and the said buildings, improvements and all payments made on this agreement shall be forfeited to the Seller as for the use of the premises and as stipulated damages for the failure to perform this agreement and the seller shall be entitled to immediate peaceable possession of said premises without notice and remove the Buyer and allpersons claiming under him therefrom, and the Seller may, without notice to the Buyer, declare all money remaining unpaid under this agreement forthwith due and payable, notwithstanding that the period hereinbefore limited for the payment of the said balance may not then have expired, and the Seller may thereafter enforce his rights under this agreement in law or equity, or may take summary proceedings to forfeit the interests of Buyer or may enforce said agreement in any other manner now or hereafter provided, In addition to any other remedy, Seller, on default being made, may consider Buyer as a tenant holding over without permission and remove Buyer from said premises according to the law in such case made and provided. 15. This Contract shall be constructed in accordance with the Laws of the State of New York. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. MATT LAVALLEE - BUYER . FRANK ERWIN- SELLER 12 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 STATE OF NEW YORK ) ) SS.: COUNTY OF ) On the /0 of in the year Two Thnnaand and Fifteen before me, the day undersigned, a Notary Pu lic in and for said State, personally appeared MATT LAVALLEE, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Nofa y Pub c S e of w York NO. 01LAá185362 Qualifiedin Essex County Notary P ublic My Comrrdssion ExpiresApr 14,20 STATE OF NORTH CAROLIA ) ) SS.: COUNTY OF tWLW\e.‰ ) On the 3r d of - An e. in the year Two Thousand and Fifteen before me, day the undersigned, a Notary Public in and for said State, personally appeared M. FRANK ERWIN, personally Imown to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acküõwledged to me that he expected the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. OTARY - a Notary Pubhe UBUC My Commission Ezpires April 19, 2020 13 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 SCHEDULE A ALL THAT TRACT OR PARCEL OF LAND situate and being in the Town of Chesterfield, County of Essex and State of New York and being more particularly described as follows: THAT TRACT OR PARCEL OF LAND in the Town of Chesterfield, Essex County, New York, depicted as Lot 4 on a "Map Showing Survey of Property for Patten Corporation Northeast, situate in Lots 173 and 174, Maul's Patent, and Lot 15, Platt's Patent, Town of Chesterfield, County of Essex, State of New York, dated February 21, 1987, by Roderick N. Cobane, L.S. which map has been filed in the Essex County Clerk's Office (Map #3756) ALSO granting a right-of-way, for normal purpose of ingress and egress, over "Burke Road", so called and the roadway which constitutes a westerly extension thereof, from the easterly bounds of Lot 5, as depicted on the afore said survey map, to easterly bounds of the premises conveyed herein, in common with and for the benefit of the owners of the lots depicted on said survey map to extent that said roads provides access to said other lots, and subject to a right-of-way over said roads, including the extension(s) thereof that cross the premises conveyed herein, in favor of said other lots, to the extent that said that said roads provide access to said other lots,with owner of each lot on said on said survey map to be responsible, for the reasoñãble and necessstry costs of maintenance of the portion of said roads which lie within the bounds of his or her lot and more specifically, to keep said portion of the road in the condition as a good all-season gravel roadway (said maintenance responsibility not to include snowplowing however). THE provisions hereof shall run with the land, and shall bind and inure to the benefit of the owner of the premises conveyed herein and the Owner(s) of lot #3 as depicted on said map. SUBJECT TO conditions of record. 14 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 "B" SCHEDULE The sum of THIRTY THOUSAND, THREE HUNDRED AND 00/100 DOLLARS (30,300.00) shall be paid as follows: The sum of TWO HUNDRED AND NINETY F1VE and 68/100 DOLARS ($295.68) shall be due and payable on account of both principal and interest at the rate of 6 percent per annum on 1ST the day July 2015 and of each and every month thereafter until said principal sum and interest has been fully paid, the entire unpaid balance of principal and interest to be due and 1sT payable in any event on the day of June, 2027 together with the privilege of the Buyer to pay any or all of said principal sum on any monthly payment date in advance without penalty. The whole of principal sum and interest, however, shall becorne due and payable at the option of the Seller if payment of any installment of principal or of interest is not made within thirty (30) days of the due date. In the event that monthly payment of the amount due is not made within fifteen days of the due date, interest shall be added to the outstanding halance of the note due in the amount of two percent (2%) of the late payment. Notice and demand or request may be in writing and may be served in person, by US Mail or by email. 15 of 35 FILED: ESSEX COUNTY CLERK 11/06/2020 03:01 PM INDEX NO. CV20-0447 Page 1 of NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/06/2020 Loan Amortization Schedule HELP © 2008 vertex42LLC 5â$ Ñ SumiÜary oan Amourit 30 300.00 Rate (per period) 0.500% AnnuaÚnterest Rate 6.00% Number of Payments 144 Term of Loan in Years 12 Total Payments 42,578.30 First Payment Date 7/1/2015 Total Interest 12,278.30 Payment Est. Interest Savings - Frequency Monthly Compound Period MontNy . Payment Type Erni ofPeriod . Monthly Payment 295.68 Amortization Schedule O Rounding On Additional Due Date _ Payment Paýment Interest Principal - Balance No. _ 30,300.00 1 7/1/15 295.68 151.50 144.18 30,155.82 2 8/1/15 295.68 150.78 144.90 30,010.91 3 9/1/15 295.68 150.05 145.63 29,865.29 4 10/1/15 295.68 149.33 146.36 29,718.93 5 11/1/15 295.68 148.59 147.09 29,571.84 6 12/1/15 295.68 147.86 147.82 29,424.02 7 1/1/16 295.68 147.12 148.56 29,275.46 B 2/1/16 295.68 146.38 149.31 29,126.15 9 3/1/16 295.68 145.63 150.05 28,976.10 10 4/1/16 295.68| 144.88 150.80 28,825.30 11 5/1/16 295.68 144.13 151.56 28,673.74 12 6/1/16 295.68 143.37 152.31 28,521.43 13 7/1/16 295.68 142.61 153.08 28,368.35 14 8/1/16 295.68 141.84 153.84 28,214.51 15 9/1/16 295.68 141.07 154.61 28,059.90 16 10/1/16 295.68 140.30 155.38 27,904.52 17 11/1/16 295.68 139.52 156.16 27,748.36 18 12/1/16 295.68 13B.74 156.94 27,591.42 19 1/1/17 295.68 137.96 157.73 27,433.69 20 2/1/17 295.68 137.17 158.51 27,275.18 21 3/1/17 295.68 136.3B 159.31 27,115.B7 22 4/1/17 295.68 135.58 160.10 26,955.77 23 5/1/17 295.68 134.78 160.90 26,794.86 24 6/1/17 295.68 133.97 161.71 26,633.15 25 7/1/17 295.68 133.17 162.52 26,470.64 26 8/1/17 295.68 132.35 163.33 26,307.31 27 9/1/17 295.6B 131.54 164.15 26,143.16 28 10/1/17 295.68 130.72 164.97 25,978.20 29 11/1/17 295.68 129.89 165.79 25,812.40 30 12/1/17 295.68 129.06 166.62 25,645.78 31 1/1/18 295.68 128.23 167.45 25,478.33 32 2/1/18 295.68 127.39 168.29 25,310.04 33 3/1/18 295.68 126.55 169.13 25,140.91 34 4/1/16 295.68 125.70 169.98 24,970.93 35 5/1/18 295.68 124.85 170.83 24,800.10 36 6/1/18 295.68 124.00 171.68 24,628.42 37