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STATE MARSHAL KENNETH LOMBARD!
8 HUNTINGTON ST. SUITE 147.
SHELTON, CT 06484
610-: 74
RETURN OF SERVICE
STATE OF CONNECTICUT
pate: /B-27- 2002
COUNTY OF FAIRFIELD
IN THE MATTER CONCERNING: Aileen OCanaell yg Kimo Calle pen
f's attorney, | made service
Then and there, by virtue hereof and by the direction of ‘the plaintif
S 2 LC PAO CTS. Cw L:
of the within and foregoing
CG placaL Lybe bs A oe, Bo GERE,
BLLACL Lath Beg (0 CABLE E-
Lx lee Bee EL Ex ZO
boh
Abode Seruree % Ave Colour
by leaving and True and Attested Copy
at the address of _°2. y Howe flcet4) Steitea cz. GEYEY
with my doings hereon endorsed.
FEES: ATTEST9, eee LL
“ae Gyr eC
Leh eer
0 &
(Ore Kenneth Lombardi
“
Melee, (2
State Marsha! Fairfield County
A ew)
State of Connie fewk
SUMMONS - CIVIL Po TFAE OFCONNECTICUT
JD-CV-1 Rev. 4-16
.G. 51-346, 51-347, 51-349, 51-350, 52-45a, Pay LesSUBERIOR (ito, eR
52-48, 62-259, P'B. §§ 3-1 through 3-21, 8-1, 10-13
www. jud.ct. gov kyo
to te CULSSGLS9 53
See other side for instructions
Rex pt Hors GEIRS8
"X" if amount, legal interest or property in demand, not including interest and
oO ce" ts is less than $2,501 a ante $230.
if amount, legal interest or property in demand, not including interest and
O
x
costs is $2,500 or more. Li Le 60% $230,
"X" if claiming other relief in addition to or in lieu of money or damages.
TO: Any proper officer, BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to make due and legal service of
this Summons and attached Complaint.
‘Address of court clerk where writ and other papers shall be filed (Number, street, town and zip code) | Telephone number of clerk Return Date (Must be a Tuesday)
(C.G.S. §§ 51-346, 51. (with area code)
[y WestJudicial District
inh St Milbel r (7B) 577. 429 a) Ol
‘At (Town in which writ is returnable) (C.G.S. §§ 51-346, 51-349) Case
Case ype
Wype ale
1.24f°
code See Tist on page.2)
J sa
Housing Session, Number: Major: Minor:
For the Plaintiff(s) please enter the appearance of:
Ni ie and address of allorney, law firm or plaintiffif’ self-represented (Number, street, town and zip code) Turis BuBEr (fo be enlered by atlomey only)
Len Onnel (a3- no in St, PeAby- CL 0Aks
Tarebtons OL Oe Gah”
area Signature of Plaintiff (if selfrepresentedy)
03)
38 Ie At Q Conn.
Email addréss for delivery of papers under Section 10-i. me agreed to)
“The attorney or law a" appearing for the plaintiff, or the plaintiff if
self-represented, agrees to accept papers (service) electronically in
this case under Section 10-13 of the Connecticut Practice Book.
[ves Cn | aiileened Comet Osecgla
Number of Plaintiffs: l Number of Defendants: / (LJ Form JD-CV-2 attached for additional parties
Parties Name (Last, First, Middle Initial) and Address of Each party (Number; Street; P.O. Box; Town; State; Zip; Country, if not USA)
First
Plaintiff
Name:
Address: PConredl , Arlen Ge tronten + Deby, 1 Heng P-O1
Ad ional Name: © P-02
Plaintiff Address:
Name:
Callahan kim 394 Howe Avéadheltn, Cr ain Te
First -01
Defendant Address:
Additional Name: 02
Defendant Address: Tat ws
Additional Name: me
Defendant Address: 2b
Additional Name: od D-04
Defendant Address:
-
Notice to Each Defendant HET
1. YOU ARE BEING SUED. This paper is a Summons in a lawsuit. The complaint attached to these papers states the claims that each plaintiff is making i
against you in this lawsuit.
2. To be notified of further proceedings, you or your attorney must file a form called an "Appearance" with the clerk of the above-named Court at the above
Court address on or before the second day after the above Return Date. The Return Date is not a hearing date. You do not have to corfiéito court on:the
Return Date unless you receive a separate notice telling you to come to court.
3. If you or your attorney do not file a written "Appearance" form on time, a judgment may be entered against you by default. The “Appearance” ay be
obtained at the Court address above or at www,jud.ct.gov under “Court Forms." Sr
4. \f you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately Sohtact
a
insurance represent tive. Other action you may have to take is described in the Connecticut Practice Book which may be found in a supérior
library or on-ti ine .jud.ct.gov under “Court Rules.”
5. If you hav VE
“y
=e
en ‘abspe f Summons and Complaint, you should talk to an attorney quickly. The Clerk of Court is not allowed fopive! advice on
_legal que: fons. 2
yCommissioner ofthe NameeFPison Signin eft “FDaie sight
Superior Court
Assistant Clerk S$ lan U: 12
If this Summof is signed by a Clerk: For Court Use ony
a. The signyfg has beer done so that the Plaintiff(s)
oY ot be denied access to the courts. File Date
b. It is thefesponsi) ility of the Plaintiff(s) to see that ON ice is made in the manner provided by law.
c. The Clerk is permitted to give any legal advice in connection with any lawsuit
\0
d. The figning this Summons at the request of the Plaintiff(s) is not responsible in any way for any errors or omissions
in the Summons, any allegations contained in the Complaint, or the service of the Summons or Complaint.
YS was(Selt-i tN
Se ify | have read and ar Plaintiff) Date
stand the above: OCA (2.
Page 1 of 2)
RETURN DATE: 61 lie /2aLe
Aileen O'Connell SUPERIOR COURT
Vv,
Kim Callahan JUDICIAL DISTRICT
OF MILFORD
December 20, 2017
COMPLAINT
Plaintiff Aileen O’Connell entered into a contract with Defendant Kim Callahan on
January 13, 2017 by means of a standard Real Estate Contract. (Exhibit A)
The contract allowed the Buyer to pay the town of Shelton back taxes totaling $13,822.95 to
Thomas Welch trustee in order to avoid the foreclosure auction sale scheduled for
January 14, 2017. (Exhibit B)
Closing date noted in the contract was scheduled on or after January 20, 2017, timely to avoid
an additional month of taxes incurred
The Defendant was oppositional in attending the closing.
Despite the Defendant authorizing a Third Party Authorization and Release of Payoff in order to
close, the Defendant became non-responsive. (Exhibit F, G )
The Association for the unit 384 Howe Avenue 4A, Shelton, CT is The Shelton Victorian
Unit Owners Association Inc
The Association scheduled an additional foreclosure auction sale on November 4, 2017 for past
HOA dues (common charges) totaling $10,205.88 plus Attorney fees, Marshall's fees, Court
Costs, Title Searches, Appraisal, Committee fees, and costs of Release of Lis Pendens totaling
$23,897.16. (Exhibit C)
To avoid losing the $13,822.95 deposit of taxes paid on January 13, 2017 the Plaintiff paid the
total due of $23,897.16 on November 3, 2017 to Cohen and Wolf PC Attorneys at Law, located
at 657 Orange Center Road, Orange, CT 06477 (Exhibit D)
The Plaintiff Aileen O’Connell has since attempted to arrange a closing with the Defendant Kim
Callahan with no success.
10. The Plaintiff filed a Lis Pendens on December 4, 2017 (Exhibit £)
11 The Plaintiff is requesting a Writ of Mandamus to enforce the Defendant Kim Callahan to
concede the pending sale of said property and to avoid financial damages.
12 The Plaintiff is also seeking consequential damages to recover any additional Shelton Property
taxes and common charges accrued from November 3, 2017 to closing date. Total to be
determined including the Lis Pendens filing fee of $60.00 and the Writ of Mandamus filing court
fees.
[len Vom
THE PLAINTIFF
Aileen O’Connell
203-231-0935
Aileen.oconnell@sbcglobal.net
Eduloik b. ps om 3
3
STANDARD FORM REAL ESTATE CONTRACT
NOTICE: THIS CONTRACT CONSTITI UTES A LEGALLY BINDING CONTRA
CT FOR THE PURCHASE AND SALE OF
RESIDENTIAL PROPERTY. iF YOU DO NOT UNDERSTAND OR AGREE WIT} H ANY OF THE TERMS OR
FORTH IN THIS CONTRACT, YOU SHOULD CONSULT WITH A LICENSE CONDITIONS SET
D AY TTORNEY OF YOUR CHOICE PRIOR TO SIGNING
THIS DOCUMENT. NO PROVISIONS OF THIS CONTRACT ARE FIXED BY LAWAND ALL TERMS
SUBJECT TO NEGOTIATION PRIOR TO EXECUTION. AND CONDITIONS ARE
THIS AGREEMENT for the purchase and sale of the re: ‘al property described below (the
"Property"), is upon the following terms and
conditions:
1. Seller(s): Z wn (ailch evr
address:_ AI)& + i's
* {en Ave, Tote A_Owy yg
2. Buyer(s): ff C bh : A omasel LLC Allein OCrnnell Mer igang!) landin
Address: UP FEL Ksuin Se” Ancora cc otet{a
3: Real Property Adiress:_ YY Howe bese AYA She lie. CL Oolry
4. Personal Property, if any, to be included: wy a
Tobe exctuded: AU pecSdng (hens
5. Purchase Price:
P. ayable as Follows:
ds cllagd by Qu
a_i nape Eeed sc Ohl Ke Hef 13,899. 97
a —AA
sper
: Pp
~ Ae
v (c) By proceeds ofa, urchase Money Mortgage Loan
© Oca
(a) Balance to be de!ivered at closin, in cash, certified check or official bank check,
8
ahi EA (e)_
the proceeds of which shall be immediately available to Seller at a local bank
Other - Seller concession toward closing costs & prepaids
BS
Weecred.
e
Q te
pet-A
TOTAL PURCHASE PRICE $ Mol
‘Sum (a) + (0) + (6) + (2) + ¢ (e)
6. Mortgage Rinancing Contingency: (NOT APPLICABLE UNLESS FILLED IN)
Uk Cube Lie
LIThird Barty Mortgage (Purchase Money Mortgage
(a) Mortgage an Amount at Prevailing Interest Rate:
(b) Term of Mortgag? . (Years)
(c) Written Loan Commitment to” btained by
iDay/Vear
If filed in, Paragraph 23 is automatically mat art of this Cor ntract.
7. Cl sing Date:
OL
iniDaylVear
RTRs attomey's office, or at Morigagt ler's office nf We bey %1_ County, if required:
Attorneys’ Review. This Contract is subject to review by the attorneys representing the Buyer and Seller. Based upon his/her
attomey's review, either party may cancel this contract by written notice to the other party given not later than five (5) business
days after such party receives a fully executed counterpart of this Contract. Upon cancellation, the Deposit shait
be returned fo the Buyer.
Inspectior ‘ontingency: The inspections checked below shall be comple! not later than: ("Inspection Completion Date")
The “Title Stagch Completion Date” shall be no later than ten (10) business (S after the “Inspection Completion Dat (e.
YES WAIVED YES Wi YES WAIVED
Building/Mechanical Water Oil Tank QO
Termite/Other Insects Well/Organic Chemicals Oo
Septic QO Radon-AirWater Asbes| Oo Oo
Title Search . Oo Qa
If filled in, Paragraph 24 is automatically made a part oft ntract.
Revised 9/23/2016 sainLY 97 Sellers Initials: Page
1 of 3
_ oe
Srhb 4 P52 3 -
Page 2 of Real Estate Contract Dated:
10. Residential Condition Report:
i {2 1 For Property Known As:
Buyér ackrlowledges receipt of Seller’s Residential
Seller shall credit Buyer at closing with $500.00, if Seller fails to
BY Hse Bet Yt She
Ci ndition “Report (copy attached).
furnish a written Resi idential Condition Report as
| Mw be Tau)
required by Sections 20-327 b-e, of the Connecti icut General Buyers initats|
Statutes, inclusive.
11. Lead Disclosure: Buyer acknowledges receipt of a Lead Information Bool
Lead Based Paint as required by Federal EPA HUD Disclosure Regulatio klet and Disclosure and Acknowledgement Form re:
t NS (copy attached),
"STATEMENT RE: LEAD BASED PAINT. The Parties acknowl Bayere TET
edge that dwelling units constructed Prior to 1978 are likely to
Contain lead-based paint which could create a he lealth hazard.
In the event the Property which is the subject of this Agreeme
Consists of or contains a residential unit built before 1978, the nt
pai ties agree that a precondition to the validity of this Agreement
is that each party has received, reviewed, signed and annexed hi ereto
a completed Disclosure and Acknowledgment Form re:
Lead-Based Paint as required by federal EPA/HUD disclosure regulations."
12. Possession and Occupancy, Acceptance of Deed: The Bu: lyer
shall have exclusive possession and occu ipancy of the Property in
a broom clean condition on the Closing Date. Delivery a ind acceptance of the Deed shall constitute full complian
with the terms of this Cont tract except for any warranties contained in the D eed ce by the Seller
and other obligations specifically set forth in this
Contract to be performed after the delivery of the Deed or which survive
de lelivery of the Deed.
13. Additional Paragraphs; Unless crossed out, the following Paragrap! hi
¢ ob ay Have Bye 2, A She ant ?
6 through 29 are heret made a part of this Contract.
14. Additional Terms:<7 7. {
to / Ht fH dues
A be free bch
15. Riders Attached: © h , Jax. focewp + TSAo H S4 Ked
16. Warranty Deed, Marketable Title: (a) Seller shall convey to Bi juyer good and marketable fee simple title to the Property
Connecticut form Warranty Deed, (or Fiduciary Deed if Seller i is a
fiduciary) (the "Deed'), free and clear of all encumbrances
by bh a. Salk-
the following permitted encumbrances, so long as the permitted encumbrances do not Prohibit the residential cept t
or otherwise render title to the Property ui inmarketable (i) any and use of the Property
all provisions of any ly ordinance, municipal regulation or public or
private law,; (ii) restrictive covenants and easements of record; (iii)
. any facts which an accurate survey y or physical inspection of the
Property would reveal; (iv) taxes and mu ‘icipal assessmer ints due and
payable after the Closing. (b) {f the Seller is unable to
convey title conforming to the requirements of (a) above, then the Seller shall be allowed
to postpone the Closing for up to the
earlier of thirty days or the expiration date of the Buyer's mortgage
loan commitment ("Postponement Period") within which to
cure the title defects. If, at the expiration of the Postpot nement Period, the Seller is still unable
above, Buyer may, by written notice to the Seller, reject such defective to convey title conforming to (a)
title, whereupon the Seller shall remit to the Buyer the
Deposit together with any expenses incurred by Buyerfc for title examination (not
to exceed $250) and this Contract shail be
terminated. The marketability of title shall be determined in accordance with the Standards of Title
Association. (c) The Property shall be conveyed free of at iny violations of any government of the Connecticut Bar
al rules, regulations or limitations or
private restrictive covenants or easements. In the event Seller cannot deliver the Prot perty to the Buyer at Closing, free of
violations as aforesaid, Buyer may, by written notice, b y certified mail, facsimile or
hand deliver ry to the Seller, or Seller's Attorney,
terminate this Contract because of such violations, whereupon Seller shall return
to the Buyer the Deposit together with any
expenses incurred by the Buyer for title examination (not to exceed $250.0 10).
17. Condition of Premises: (a) The Buyer represents that he has inspected the Property, is satisfie :d with the physical condition
thereof and agrees to accept the Property in its present condition, “a: is is", subject to
reasonable wear and tear to the Closing Date.
The Buyer represents that neither Seller nor any representative of the Seller has made any
representation or warranty as to
the Property on which Buyer has relied in entering into this Contrat ict except as expressly set forth
in this Contract. The Seller
agrees to deliver the Property to the Buyer on the Closing Date in ‘substantially the same condition as exists on
the date of this
Contract, reasonable wear and tear excey pted, and the Buyer agrees to accept the Property in such condition Subject to satisfaction
of the Inspection Contingency; (b) The gi rounds shall be maintained by the Seller until the Closing Date including lawn mowing, leaf
raking and snow and ice removal from walks and driveways; (c) Seller shall remove all personal property not included
in the sale
and shall deliver to the Buyer all keys available to the Seller; (d) The Buyer shall have the right to inspect the Property prior to the
Closing at a time mutually agreed upon to confirm that the condition of the Property conforms to the requirements of this Contract.
18. Risk of Loss, Damage: The risk of loss or damage by fire or other casualty to the Property until the Closing Date is assumed
by the Seller. _ In the event of loss or damage occurring prior to the delivery of the Deed, Seller shall repair and restore the
Property prior to the Closing Date, or, may delay the closing at his option for up to the earlier of thirty (30) days from the date of
‘such loss or damage or the date Buyer's mortgage loan commitment expires ("Delay Period") in order to complete restoration or
repairs. _{f at the expiration of the Delay Period the Seller has failed to repair or restore the Property to its condition prior to the
loss or damage, the Buyer shall have the option of: (a) Terminating this Contract, in which event the Deposit together with any
amounts actually expended by the Buyer for the examination of title (not to exceed $250.00) shall be remitted to the Buyer and
thereupon the parties shall have no further rights and obligations under this Contract; or (b) Closing title by accepting the Deed
conveying the Property in accordance with all of the other provisions of this Contract and receiving the benefit of any insurance
Policies or funds paid or recoverable on account of such loss or damage, less any sums actually expended by the Seller for
restoration or repairs. The Seller shall not be responsible for loss or damage to trees or other plantings due to natural causes
provided such loss or damages does not exceed $250.
19. Escrow of Deposit: The Initial Deposit and Additional Deposit (collectively the "Deposit") shall be paid not later than the date(s)
specified in Paragraph 5. Seller's attorney, as escrow agent, shall hold the Deposit in a non-interest bearing account until Closing
or prior termination of this Contract. The Deposit shall be paid to the Seller at Closing. In the event of termination prior to
Closing, the escrow agent shall (a) retain the Deposit in escrow until directed to disburse the Deposit by mutual agreement of the
parties or by court order; or (b) commence an interpleader action and pay the Deposit into court whereupon the escrow agent shall
be relieved of all further obligation. In the event that the Additional Deposit is not paid when due, Seller may give written notice of
eS
such failure to Buyer by certified mail, facsimile or hand delivery and if such Additional Deposit is not paid within five (5) days
thereafter, this Contract shall be deemed terminated for Buyer's default and the Initial Deposit shall be delivered to and retained by
Le"
the Seller as liquidated damages, ties shall be relieved of al further liability hereunder except as otherwise
Revised 9/23/2016 Buyer's Initials: - Sellers Initials: Page 2 of 3.
Aphbt A poBe 3.
Page 3 of Real Estate Contract Dated:
: For Property Known As:
specifically set forth herein. The escrow ai gent shall not be liable for any error of judgment
Hove fh Shelaror
Hy
good faith, or for any mistake of law. , or for any act performed or omitted in
20. Default, Liquidated Damages: lf Buyer defaults under this Contract after the Dey posit has been paid, the
to and retained by Seller as liquidated damages, and thereupon, Deposit shall be remitted
the parties shall be relieved of all further liability under this
Contract except as otherwise specifically set forth herein. In the event that legal action is commenced
this Contract, the prevailing party shall be entitled to reimbu irsement of to enforce any provision of
court costs and attorneys fees incurred therein.
21. Adjustments at Closing: Property taxes, utilities, municipal
assessments and use charges, rents, district taxes, association charges,
and other charges customari ly adjusted at closin gs in accordance with the custom of the Bar Associat .
Property is located, will be prorated as of the Cl losing Date. The Buyer shall ion for ‘the town wherein the
reimburse the Seller at Closing for any fuel stored on
the Property. Property taxes will be adjusted on a uniform fiscal year basis. Installments payable on sewer and othermunicipal
lien assessments after the Closing will be assui med by the Buyer. Seller shail
deliver to Buyer
at closing checks sufficient to
satisfy state and local conveyance taxes.
22. Personal Property: Unless excluded in Paragraph 4, the Personal Property
included in the sale st hall consist of the following:
screens, storm windows, TV antenna, veneti ian blinds, curtain rods and fixtures,
wall to wall carp eting, awnings, shades, automatic
hot water heater, plumbing, heating and lighting and electrical fixtures (except portable heaters,
shrubbery, plants and all other fixtures now located on the Property and the Tented water heaters and lamps),
personal property {i isted in Paragraph 4.
23. Mortgage Financing Contingency: Third Party Mor rtgage. The Buyer's obligation
s hereunder are cont itingent upon Buyer obtaining a
written commitment from a bank or institutional ler nder for a mortgage loan satis: fying
the specifications set forth in Paragraph 6(a),
(b) and (c) and upon such other terms and conditi ions as are standard for
similar loan commitments. Buyer agrees to apply for
such financing immediately and to pursue such application with diligence. if Buyer is unable to secure such a commitment by the
date set forth in Paragraph 6(c), and so notifies the Seller or the Seller's Att lorney
in writing, by certified mail, facsimile or hand
delivery, on or before such date, this Contract shall be terminated by such
notice and the Deposit shall be returned to Buyer.
Absent such Notice, this contingency shall be deemed satisfied and this Ci
‘ontract shall continue in full force and effect.
Purchase Money Mortgage. A Purchase Mone) y Note and a Purchase Moni ey Mortgage as
described on the attached Rider shall be exe cuted and delivered by the Buyer to
the Seller at Closing.
24, Inspection Contingency: Buyer acting by Tepresentatives of Buyer's choice shall complete the inspections,
and title search of the Property as designa ited in Paragraph 9 prior to the tests, assessments
“Inspection Completion Date" or the "Title Search
Completion Date", as the case may be. If, based upon such inspections, tests, assessm
lents and title search, Buyer is not
teasonably satisfied with the title or Physical condition of the Property and so notifies
th ie Seller or the Seller's Attorney in writing, by
certified mail, facsimile or hand deli ivery,not later than two business days after the “Inspection Completion Date," or the
‘ Search Completion Date," as the case may be, this Contract shall be deemed "Title
termi inated by such Notice and the Deposit shall be
returned to the Buyer. Absent timely notice hereunder, , terminating this Contract, this contingency shall be deemed
this Contract shall continue in full force and effect. satisfied and
25. Title Insurance Affidavit: Seller agrees to execute and d feliver to the Buyer at the Closing of Title an
Buyer's _ title insurer confirming the non-existence affidavit acceptable to the
of{i) mechanics’ or material men's liens, (ii) tenants' rights in or to the
(ii) security interests in personal property or fixtures incl luded in the Property,
sale, and (iv) confirming information required to provide the
Buyer's mortgage lender with survey coverage, includin g updating an existing survey,
if any.
26. Condominium/Common Interest Community: If the Property is in a Condominium or Common Interest Community, Seller
deliver
to the Buyera Resale Certificate and ot! her documents as required by Section 47-270 of shall
the Connecticut General Statutes.
27. Buyer's Lien: The Deposit and Buyer's reasonable expenses actually incurred for
titl le examination to the Property are hereby
made liens on the Property, but such liens shall not continue after a default by the Bu
yer.
28. Entire Agreement; Binding Effect: This Contract contains the entire a greement of the parties
and there are no representations,
inducements or other provisions other than those set forth herein. All changes, additions or deletions to this Contract must be in
writing and signed by all parties. This Contract is non-assignable and shall be binding jpon and inure to the benefit of the parties,
their heirs, successors and assigns.
29. Seller's Agent:
License Number:
Name Telenor!
Buyer's Agent:
" License Number:
WE Telephone
Agent's Firm: \ Agent's Firm:
Address: X\ Address:
Seller's Attorney:
Name Telephone
ever ntny fun len, lla D734 257]
n 2 la
Attorney's Firm: Attorney's Firm: i
Address: Address: 2) Wh jee, Che sane CT Roly
Check box only if Listing Agent is acting as a Dual Agent [“] Selling Agent is Buyer's Agent uthorized Sub-Agent o
bug Seller Toe no other Agent or Brdker was the procuring,cause of the
Date Buyer's Signatur
ate Seller's Signatare Date
Page
3 of 3
— anne erento moos:
hl
LON BANK Treasurer’s Check 20953
PO.Bo)
51-7417 (2111
203.729.4442| 877.729.4442
January 12, 2017
i
iM Pay to the
Order of: Thomas Wal ‘Trustee $13,822.95
Thirteen ‘Thousand Eight Hundred ‘Twenty-Two and 95/100 REI
'a fed Signature |
‘2
ie Memo ATA Appraisal LLC JA ignature required i
LZ,
‘510,00
Preview
STATE MARSHAL KENNETH LOMBARD! 8 HUNTINGTON ST. SUITE 147. SHELTON, CT 06484 610-: 74 RETURN OF SERVICE STATE OF CONNECTICUT pate: /B-27- 2002 COUNTY OF FAIRFIELD IN THE MATTER CONCERNING: Aileen OCanaell yg Kimo Calle pen f's attorney, | made service Then and there, by virtue hereof and by the direction of ‘the plaintif S 2 LC PAO CTS. Cw L: of the within and foregoing CG placaL Lybe bs A oe, Bo GERE, BLLACL Lath Beg (0 CABLE E- Lx lee Bee EL Ex ZO boh Abode Seruree % Ave Colour by leaving and True and Attested Copy at the address of _°2. y Howe flcet4) Steitea cz. GEYEY with my doings hereon endorsed. FEES: ATTEST9, eee LL “ae Gyr eC Leh eer 0 & (Ore Kenneth Lombardi “ Melee, (2 State Marsha! Fairfield County A ew) State of Connie fewk SUMMONS - CIVIL Po TFAE OFCONNECTICUT JD-CV-1 Rev. 4-16 .G. 51-346, 51-347, 51-349, 51-350, 52-45a, Pay LesSUBERIOR (ito, eR 52-48, 62-259, P'B. §§ 3-1 through 3-21, 8-1, 10-13 www. jud.ct. gov kyo to te CULSSGLS9 53 See other side for instructions Rex pt Hors GEIRS8 "X" if amount, legal interest or property in demand, not including interest and oO ce" ts is less than $2,501 a ante $230. if amount, legal interest or property in demand, not including interest and O x costs is $2,500 or more. Li Le 60% $230, "X" if claiming other relief in addition to or in lieu of money or damages. TO: Any proper officer, BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to make due and legal service of this Summons and attached Complaint. ‘Address of court clerk where writ and other papers shall be filed (Number, street, town and zip code) | Telephone number of clerk Return Date (Must be a Tuesday) (C.G.S. §§ 51-346, 51. (with area code) [y WestJudicial District inh St Milbel r (7B) 577. 429 a) Ol ‘At (Town in which writ is returnable) (C.G.S. §§ 51-346, 51-349) Case Case ype Wype ale 1.24f° code See Tist on page.2) J sa Housing Session, Number: Major: Minor: For the Plaintiff(s) please enter the appearance of: Ni ie and address of allorney, law firm or plaintiffif’ self-represented (Number, street, town and zip code) Turis BuBEr (fo be enlered by atlomey only) Len Onnel (a3- no in St, PeAby- CL 0Aks Tarebtons OL Oe Gah” area Signature of Plaintiff (if selfrepresentedy) 03) 38 Ie At Q Conn. Email addréss for delivery of papers under Section 10-i. me agreed to) “The attorney or law a" appearing for the plaintiff, or the plaintiff if self-represented, agrees to accept papers (service) electronically in this case under Section 10-13 of the Connecticut Practice Book. [ves Cn | aiileened Comet Osecgla Number of Plaintiffs: l Number of Defendants: / (LJ Form JD-CV-2 attached for additional parties Parties Name (Last, First, Middle Initial) and Address of Each party (Number; Street; P.O. Box; Town; State; Zip; Country, if not USA) First Plaintiff Name: Address: PConredl , Arlen Ge tronten + Deby, 1 Heng P-O1 Ad ional Name: © P-02 Plaintiff Address: Name: Callahan kim 394 Howe Avéadheltn, Cr ain Te First -01 Defendant Address: Additional Name: 02 Defendant Address: Tat ws Additional Name: me Defendant Address: 2b Additional Name: od D-04 Defendant Address: - Notice to Each Defendant HET 1. YOU ARE BEING SUED. This paper is a Summons in a lawsuit. The complaint attached to these papers states the claims that each plaintiff is making i against you in this lawsuit. 2. To be notified of further proceedings, you or your attorney must file a form called an "Appearance" with the clerk of the above-named Court at the above Court address on or before the second day after the above Return Date. The Return Date is not a hearing date. You do not have to corfiéito court on:the Return Date unless you receive a separate notice telling you to come to court. 3. If you or your attorney do not file a written "Appearance" form on time, a judgment may be entered against you by default. The “Appearance” ay be obtained at the Court address above or at www,jud.ct.gov under “Court Forms." Sr 4. \f you believe that you have insurance that may cover the claim that is being made against you in this lawsuit, you should immediately Sohtact a insurance represent tive. Other action you may have to take is described in the Connecticut Practice Book which may be found in a supérior library or on-ti ine .jud.ct.gov under “Court Rules.” 5. If you hav VE “y =e en ‘abspe f Summons and Complaint, you should talk to an attorney quickly. The Clerk of Court is not allowed fopive! advice on _legal que: fons. 2 yCommissioner ofthe NameeFPison Signin eft “FDaie sight Superior Court Assistant Clerk S$ lan U: 12 If this Summof is signed by a Clerk: For Court Use ony a. The signyfg has beer done so that the Plaintiff(s) oY ot be denied access to the courts. File Date b. It is thefesponsi) ility of the Plaintiff(s) to see that ON ice is made in the manner provided by law. c. The Clerk is permitted to give any legal advice in connection with any lawsuit \0 d. The figning this Summons at the request of the Plaintiff(s) is not responsible in any way for any errors or omissions in the Summons, any allegations contained in the Complaint, or the service of the Summons or Complaint. YS was(Selt-i tN Se ify | have read and ar Plaintiff) Date stand the above: OCA (2. Page 1 of 2) RETURN DATE: 61 lie /2aLe Aileen O'Connell SUPERIOR COURT Vv, Kim Callahan JUDICIAL DISTRICT OF MILFORD December 20, 2017 COMPLAINT Plaintiff Aileen O’Connell entered into a contract with Defendant Kim Callahan on January 13, 2017 by means of a standard Real Estate Contract. (Exhibit A) The contract allowed the Buyer to pay the town of Shelton back taxes totaling $13,822.95 to Thomas Welch trustee in order to avoid the foreclosure auction sale scheduled for January 14, 2017. (Exhibit B) Closing date noted in the contract was scheduled on or after January 20, 2017, timely to avoid an additional month of taxes incurred The Defendant was oppositional in attending the closing. Despite the Defendant authorizing a Third Party Authorization and Release of Payoff in order to close, the Defendant became non-responsive. (Exhibit F, G ) The Association for the unit 384 Howe Avenue 4A, Shelton, CT is The Shelton Victorian Unit Owners Association Inc The Association scheduled an additional foreclosure auction sale on November 4, 2017 for past HOA dues (common charges) totaling $10,205.88 plus Attorney fees, Marshall's fees, Court Costs, Title Searches, Appraisal, Committee fees, and costs of Release of Lis Pendens totaling $23,897.16. (Exhibit C) To avoid losing the $13,822.95 deposit of taxes paid on January 13, 2017 the Plaintiff paid the total due of $23,897.16 on November 3, 2017 to Cohen and Wolf PC Attorneys at Law, located at 657 Orange Center Road, Orange, CT 06477 (Exhibit D) The Plaintiff Aileen O’Connell has since attempted to arrange a closing with the Defendant Kim Callahan with no success. 10. The Plaintiff filed a Lis Pendens on December 4, 2017 (Exhibit £) 11 The Plaintiff is requesting a Writ of Mandamus to enforce the Defendant Kim Callahan to concede the pending sale of said property and to avoid financial damages. 12 The Plaintiff is also seeking consequential damages to recover any additional Shelton Property taxes and common charges accrued from November 3, 2017 to closing date. Total to be determined including the Lis Pendens filing fee of $60.00 and the Writ of Mandamus filing court fees. [len Vom THE PLAINTIFF Aileen O’Connell 203-231-0935 Aileen.oconnell@sbcglobal.net Eduloik b. ps om 3 3 STANDARD FORM REAL ESTATE CONTRACT NOTICE: THIS CONTRACT CONSTITI UTES A LEGALLY BINDING CONTRA CT FOR THE PURCHASE AND SALE OF RESIDENTIAL PROPERTY. iF YOU DO NOT UNDERSTAND OR AGREE WIT} H ANY OF THE TERMS OR FORTH IN THIS CONTRACT, YOU SHOULD CONSULT WITH A LICENSE CONDITIONS SET D AY TTORNEY OF YOUR CHOICE PRIOR TO SIGNING THIS DOCUMENT. NO PROVISIONS OF THIS CONTRACT ARE FIXED BY LAWAND ALL TERMS SUBJECT TO NEGOTIATION PRIOR TO EXECUTION. AND CONDITIONS ARE THIS AGREEMENT for the purchase and sale of the re: ‘al property described below (the "Property"), is upon the following terms and conditions: 1. Seller(s): Z wn (ailch evr address:_ AI)& + i's * {en Ave, Tote A_Owy yg 2. Buyer(s): ff C bh : A omasel LLC Allein OCrnnell Mer igang!) landin Address: UP FEL Ksuin Se” Ancora cc otet{a 3: Real Property Adiress:_ YY Howe bese AYA She lie. CL Oolry 4. Personal Property, if any, to be included: wy a Tobe exctuded: AU pecSdng (hens 5. Purchase Price: P. ayable as Follows: ds cllagd by Qu a_i nape Eeed sc Ohl Ke Hef 13,899. 97 a —AA sper : Pp ~ Ae v (c) By proceeds ofa, urchase Money Mortgage Loan © Oca (a) Balance to be de!ivered at closin, in cash, certified check or official bank check, 8 ahi EA (e)_ the proceeds of which shall be immediately available to Seller at a local bank Other - Seller concession toward closing costs & prepaids BS Weecred. e Q te pet-A TOTAL PURCHASE PRICE $ Mol ‘Sum (a) + (0) + (6) + (2) + ¢ (e) 6. Mortgage Rinancing Contingency: (NOT APPLICABLE UNLESS FILLED IN) Uk Cube Lie LIThird Barty Mortgage (Purchase Money Mortgage (a) Mortgage an Amount at Prevailing Interest Rate: (b) Term of Mortgag? . (Years) (c) Written Loan Commitment to” btained by iDay/Vear If filed in, Paragraph 23 is automatically mat art of this Cor ntract. 7. Cl sing Date: OL iniDaylVear RTRs attomey's office, or at Morigagt ler's office nf We bey %1_ County, if required: Attorneys’ Review. This Contract is subject to review by the attorneys representing the Buyer and Seller. Based upon his/her attomey's review, either party may cancel this contract by written notice to the other party given not later than five (5) business days after such party receives a fully executed counterpart of this Contract. Upon cancellation, the Deposit shait be returned fo the Buyer. Inspectior ‘ontingency: The inspections checked below shall be comple! not later than: ("Inspection Completion Date") The “Title Stagch Completion Date” shall be no later than ten (10) business (S after the “Inspection Completion Dat (e. YES WAIVED YES Wi YES WAIVED Building/Mechanical Water Oil Tank QO Termite/Other Insects Well/Organic Chemicals Oo Septic QO Radon-AirWater Asbes| Oo Oo Title Search . Oo Qa If filled in, Paragraph 24 is automatically made a part oft ntract. Revised 9/23/2016 sainLY 97 Sellers Initials: Page 1 of 3 _ oe Srhb 4 P52 3 - Page 2 of Real Estate Contract Dated: 10. Residential Condition Report: i {2 1 For Property Known As: Buyér ackrlowledges receipt of Seller’s Residential Seller shall credit Buyer at closing with $500.00, if Seller fails to BY Hse Bet Yt She Ci ndition “Report (copy attached). furnish a written Resi idential Condition Report as | Mw be Tau) required by Sections 20-327 b-e, of the Connecti icut General Buyers initats| Statutes, inclusive. 11. Lead Disclosure: Buyer acknowledges receipt of a Lead Information Bool Lead Based Paint as required by Federal EPA HUD Disclosure Regulatio klet and Disclosure and Acknowledgement Form re: t NS (copy attached), "STATEMENT RE: LEAD BASED PAINT. The Parties acknowl Bayere TET edge that dwelling units constructed Prior to 1978 are likely to Contain lead-based paint which could create a he lealth hazard. In the event the Property which is the subject of this Agreeme Consists of or contains a residential unit built before 1978, the nt pai ties agree that a precondition to the validity of this Agreement is that each party has received, reviewed, signed and annexed hi ereto a completed Disclosure and Acknowledgment Form re: Lead-Based Paint as required by federal EPA/HUD disclosure regulations." 12. Possession and Occupancy, Acceptance of Deed: The Bu: lyer shall have exclusive possession and occu ipancy of the Property in a broom clean condition on the Closing Date. Delivery a ind acceptance of the Deed shall constitute full complian with the terms of this Cont tract except for any warranties contained in the D eed ce by the Seller and other obligations specifically set forth in this Contract to be performed after the delivery of the Deed or which survive de lelivery of the Deed. 13. Additional Paragraphs; Unless crossed out, the following Paragrap! hi ¢ ob ay Have Bye 2, A She ant ? 6 through 29 are heret made a part of this Contract. 14. Additional Terms:<7 7. { to / Ht fH dues A be free bch 15. Riders Attached: © h , Jax. focewp + TSAo H S4 Ked 16. Warranty Deed, Marketable Title: (a) Seller shall convey to Bi juyer good and marketable fee simple title to the Property Connecticut form Warranty Deed, (or Fiduciary Deed if Seller i is a fiduciary) (the "Deed'), free and clear of all encumbrances by bh a. Salk- the following permitted encumbrances, so long as the permitted encumbrances do not Prohibit the residential cept t or otherwise render title to the Property ui inmarketable (i) any and use of the Property all provisions of any ly ordinance, municipal regulation or public or private law,; (ii) restrictive covenants and easements of record; (iii) . any facts which an accurate survey y or physical inspection of the Property would reveal; (iv) taxes and mu ‘icipal assessmer ints due and payable after the Closing. (b) {f the Seller is unable to convey title conforming to the requirements of (a) above, then the Seller shall be allowed to postpone the Closing for up to the earlier of thirty days or the expiration date of the Buyer's mortgage loan commitment ("Postponement Period") within which to cure the title defects. If, at the expiration of the Postpot nement Period, the Seller is still unable above, Buyer may, by written notice to the Seller, reject such defective to convey title conforming to (a) title, whereupon the Seller shall remit to the Buyer the Deposit together with any expenses incurred by Buyerfc for title examination (not to exceed $250) and this Contract shail be terminated. The marketability of title shall be determined in accordance with the Standards of Title Association. (c) The Property shall be conveyed free of at iny violations of any government of the Connecticut Bar al rules, regulations or limitations or private restrictive covenants or easements. In the event Seller cannot deliver the Prot perty to the Buyer at Closing, free of violations as aforesaid, Buyer may, by written notice, b y certified mail, facsimile or hand deliver ry to the Seller, or Seller's Attorney, terminate this Contract because of such violations, whereupon Seller shall return to the Buyer the Deposit together with any expenses incurred by the Buyer for title examination (not to exceed $250.0 10). 17. Condition of Premises: (a) The Buyer represents that he has inspected the Property, is satisfie :d with the physical condition thereof and agrees to accept the Property in its present condition, “a: is is", subject to reasonable wear and tear to the Closing Date. The Buyer represents that neither Seller nor any representative of the Seller has made any representation or warranty as to the Property on which Buyer has relied in entering into this Contrat ict except as expressly set forth in this Contract. The Seller agrees to deliver the Property to the Buyer on the Closing Date in ‘substantially the same condition as exists on the date of this Contract, reasonable wear and tear excey pted, and the Buyer agrees to accept the Property in such condition Subject to satisfaction of the Inspection Contingency; (b) The gi rounds shall be maintained by the Seller until the Closing Date including lawn mowing, leaf raking and snow and ice removal from walks and driveways; (c) Seller shall remove all personal property not included in the sale and shall deliver to the Buyer all keys available to the Seller; (d) The Buyer shall have the right to inspect the Property prior to the Closing at a time mutually agreed upon to confirm that the condition of the Property conforms to the requirements of this Contract. 18. Risk of Loss, Damage: The risk of loss or damage by fire or other casualty to the Property until the Closing Date is assumed by the Seller. _ In the event of loss or damage occurring prior to the delivery of the Deed, Seller shall repair and restore the Property prior to the Closing Date, or, may delay the closing at his option for up to the earlier of thirty (30) days from the date of ‘such loss or damage or the date Buyer's mortgage loan commitment expires ("Delay Period") in order to complete restoration or repairs. _{f at the expiration of the Delay Period the Seller has failed to repair or restore the Property to its condition prior to the loss or damage, the Buyer shall have the option of: (a) Terminating this Contract, in which event the Deposit together with any amounts actually expended by the Buyer for the examination of title (not to exceed $250.00) shall be remitted to the Buyer and thereupon the parties shall have no further rights and obligations under this Contract; or (b) Closing title by accepting the Deed conveying the Property in accordance with all of the other provisions of this Contract and receiving the benefit of any insurance Policies or funds paid or recoverable on account of such loss or damage, less any sums actually expended by the Seller for restoration or repairs. The Seller shall not be responsible for loss or damage to trees or other plantings due to natural causes provided such loss or damages does not exceed $250. 19. Escrow of Deposit: The Initial Deposit and Additional Deposit (collectively the "Deposit") shall be paid not later than the date(s) specified in Paragraph 5. Seller's attorney, as escrow agent, shall hold the Deposit in a non-interest bearing account until Closing or prior termination of this Contract. The Deposit shall be paid to the Seller at Closing. In the event of termination prior to Closing, the escrow agent shall (a) retain the Deposit in escrow until directed to disburse the Deposit by mutual agreement of the parties or by court order; or (b) commence an interpleader action and pay the Deposit into court whereupon the escrow agent shall be relieved of all further obligation. In the event that the Additional Deposit is not paid when due, Seller may give written notice of eS such failure to Buyer by certified mail, facsimile or hand delivery and if such Additional Deposit is not paid within five (5) days thereafter, this Contract shall be deemed terminated for Buyer's default and the Initial Deposit shall be delivered to and retained by Le" the Seller as liquidated damages, ties shall be relieved of al further liability hereunder except as otherwise Revised 9/23/2016 Buyer's Initials: - Sellers Initials: Page 2 of 3. Aphbt A poBe 3. Page 3 of Real Estate Contract Dated: : For Property Known As: specifically set forth herein. The escrow ai gent shall not be liable for any error of judgment Hove fh Shelaror Hy good faith, or for any mistake of law. , or for any act performed or omitted in 20. Default, Liquidated Damages: lf Buyer defaults under this Contract after the Dey posit has been paid, the to and retained by Seller as liquidated damages, and thereupon, Deposit shall be remitted the parties shall be relieved of all further liability under this Contract except as otherwise specifically set forth herein. In the event that legal action is commenced this Contract, the prevailing party shall be entitled to reimbu irsement of to enforce any provision of court costs and attorneys fees incurred therein. 21. Adjustments at Closing: Property taxes, utilities, municipal assessments and use charges, rents, district taxes, association charges, and other charges customari ly adjusted at closin gs in accordance with the custom of the Bar Associat . Property is located, will be prorated as of the Cl losing Date. The Buyer shall ion for ‘the town wherein the reimburse the Seller at Closing for any fuel stored on the Property. Property taxes will be adjusted on a uniform fiscal year basis. Installments payable on sewer and othermunicipal lien assessments after the Closing will be assui med by the Buyer. Seller shail deliver to Buyer at closing checks sufficient to satisfy state and local conveyance taxes. 22. Personal Property: Unless excluded in Paragraph 4, the Personal Property included in the sale st hall consist of the following: screens, storm windows, TV antenna, veneti ian blinds, curtain rods and fixtures, wall to wall carp eting, awnings, shades, automatic hot water heater, plumbing, heating and lighting and electrical fixtures (except portable heaters, shrubbery, plants and all other fixtures now located on the Property and the Tented water heaters and lamps), personal property {i isted in Paragraph 4. 23. Mortgage Financing Contingency: Third Party Mor rtgage. The Buyer's obligation s hereunder are cont itingent upon Buyer obtaining a written commitment from a bank or institutional ler nder for a mortgage loan satis: fying the specifications set forth in Paragraph 6(a), (b) and (c) and upon such other terms and conditi ions as are standard for similar loan commitments. Buyer agrees to apply for such financing immediately and to pursue such application with diligence. if Buyer is unable to secure such a commitment by the date set forth in Paragraph 6(c), and so notifies the Seller or the Seller's Att lorney in writing, by certified mail, facsimile or hand delivery, on or before such date, this Contract shall be terminated by such notice and the Deposit shall be returned to Buyer. Absent such Notice, this contingency shall be deemed satisfied and this Ci ‘ontract shall continue in full force and effect. Purchase Money Mortgage. A Purchase Mone) y Note and a Purchase Moni ey Mortgage as described on the attached Rider shall be exe cuted and delivered by the Buyer to the Seller at Closing. 24, Inspection Contingency: Buyer acting by Tepresentatives of Buyer's choice shall complete the inspections, and title search of the Property as designa ited in Paragraph 9 prior to the tests, assessments “Inspection Completion Date" or the "Title Search Completion Date", as the case may be. If, based upon such inspections, tests, assessm lents and title search, Buyer is not teasonably satisfied with the title or Physical condition of the Property and so notifies th ie Seller or the Seller's Attorney in writing, by certified mail, facsimile or hand deli ivery,not later than two business days after the “Inspection Completion Date," or the ‘ Search Completion Date," as the case may be, this Contract shall be deemed "Title termi inated by such Notice and the Deposit shall be returned to the Buyer. Absent timely notice hereunder, , terminating this Contract, this contingency shall be deemed this Contract shall continue in full force and effect. satisfied and 25. Title Insurance Affidavit: Seller agrees to execute and d feliver to the Buyer at the Closing of Title an Buyer's _ title insurer confirming the non-existence affidavit acceptable to the of{i) mechanics’ or material men's liens, (ii) tenants' rights in or to the (ii) security interests in personal property or fixtures incl luded in the Property, sale, and (iv) confirming information required to provide the Buyer's mortgage lender with survey coverage, includin g updating an existing survey, if any. 26. Condominium/Common Interest Community: If the Property is in a Condominium or Common Interest Community, Seller deliver to the Buyera Resale Certificate and ot! her documents as required by Section 47-270 of shall the Connecticut General Statutes. 27. Buyer's Lien: The Deposit and Buyer's reasonable expenses actually incurred for titl le examination to the Property are hereby made liens on the Property, but such liens shall not continue after a default by the Bu yer. 28. Entire Agreement; Binding Effect: This Contract contains the entire a greement of the parties and there are no representations, inducements or other provisions other than those set forth herein. All changes, additions or deletions to this Contract must be in writing and signed by all parties. This Contract is non-assignable and shall be binding jpon and inure to the benefit of the parties, their heirs, successors and assigns. 29. Seller's Agent: License Number: Name Telenor! Buyer's Agent: " License Number: WE Telephone Agent's Firm: \ Agent's Firm: Address: X\ Address: Seller's Attorney: Name Telephone ever ntny fun len, lla D734 257] n 2 la Attorney's Firm: Attorney's Firm: i Address: Address: 2) Wh jee, Che sane CT Roly Check box only if Listing Agent is acting as a Dual Agent [“] Selling Agent is Buyer's Agent uthorized Sub-Agent o bug Seller Toe no other Agent or Brdker was the procuring,cause of the Date Buyer's Signatur ate Seller's Signatare Date Page 3 of 3 — anne erento moos: hl LON BANK Treasurer’s Check 20953 PO.Bo) 51-7417 (2111 203.729.4442| 877.729.4442 January 12, 2017 i iM Pay to the Order of: Thomas Wal ‘Trustee $13,822.95 Thirteen ‘Thousand Eight Hundred ‘Twenty-Two and 95/100 REI 'a fed Signature | ‘2 ie Memo ATA Appraisal LLC JA ignature required i LZ, ‘510,00