Preview
. . .
At a Term of the Supreme Court, of the State
of New York held in and for the County of
Oswego at the Oswego County Courthouse,
Oswego, New York, on the day of
2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF OSWEGO
PRESENT: HON. .
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS
TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN ORDER OF REFERENCE
TRUST 2006-FM, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-FF9, Index No.: EFC-2018-1571
Plaintiff,
Mortgaged Premises:
. -vs- 1443 Rt 57
County
. Fulton, (Town of Volney) NY
LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF 13069
KIN OF ANDREA PRICE;
PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF
ANDREA PRICE
JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN
. OF ANDREA PRICE;
LAURA EATON AS HEIR AT LAW AND NEXT OF KIN
OF ANDREA PRICE;
MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF
KIN OF ANDREA PRICE;
HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE
MEMORIAL HOSPITAL;
DOE" DOE"
"JOHN AND "JANE 1 THROUGH 50,
INTENDING TO BE THE UNKNOWN HEIRS,
DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES,
LIENORS, CREDITORS, AND ASSIGNEES OF THE
ESTATE OF ANDREA PRICE WHO WAS BORN IN 1956
AND DIED DECEMBER 3, 2017, A RESIDENT OF THE
COUNTY OF OSWEGO, WHOSE LAST KNOWN
ADDRESS WAS.1443 COUNTY ROUTE 58.FULTON, NY
13069, THEIR SUCCESSORS IN INTEREST IN ANY OF
THE AFORESAID DEFENDANTS BE DECEASED, THEIR
RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND
SUCCESSORS IN INTEREST OF THE AFORESAID
CLASSES OF PERSON, IF THEY OR AN OF THEM BE
DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES
OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE
NAMES AND PLACES OF RESIDENCE ARE UNKNOWN
TO THE PLAINTIFF;
"JOHN DOES".and "JANE DOES", said names being
fictitious, parties intended being possible tenants or occupants of
premises and corporations, other entities or persons who have,
claim, or may claim, a lien against, or other interest in,the
premises,
Defendants.
Plaintiff having moved this Court for an Order:
O striking the answer of defendant(s)
-
__ and
. converting each such appearance to a general notice of appearance
)it[ pursuant to CPLR §3215, granting plaintiff default judgment
O pursuant to CPLR §3212, granting plaintiff summhry judgment
amending the caption to
E[ delete defendant(s) JOHN DOES and JANE DOES
O substitute the names of . for
defendant(s) John Doe and/or Jane Doe
- O other
pursuant to RPAPL §1321, appainEng a Referee to compute the sums due plaintiff on the
Note and Mortgage
. O other [specify]:
. NOW, upon plaintiff's I)ex parte application or O motion heani on
at which time O plaintiff/ O defendant appeared, or O no appearances were equimd, and
upon the Summons and Complaint and proof that all defendents have been served, and upon
. proof that the time for all to answer or appear has and upon the: . .
defendant(s) expired,
1) affidavit of Cynthia Wallace, Second Assistant Vice President of Specialized
- Loan LLC, Attorney-In-Fact for Plaintiff dated September 16, 2019,
Servicing
with Exhibits L annexed;
l 9 A -
2) affirmation of Sean P. Williams, Esq. affirmed on , with ExhibiÈ
O annexed;
3) other [specify]: ;
itis hereby
ORDERED that the plaintifPs mation: .
for a default judgment pursuant to CPLR §3215 and RPAPL §1321 is granted;
defenda.nt(s)'
O to strike answer and for summary judgment pursuant to CPLR
§3212 is granted;
. O other [specify]: . .
and itis further
ORDERED that the caption of this action is amended to
Dil delete the name(s) of defendant(s) JOHN DOES and JANE DOES
O substitute the name(s) of .
for defendant(s) John Doe and/or Jane Doe
O other [specify]:
and it isfurther
. ORDERED tlfatthe caption of this action as ==anded shall read as follows:
STATE OF NEW YORK
SUPREME COURT COUNTY OF OSWEGO . .
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR
. . FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,·MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 20.06-FF9,
Plaintiff,
vs.
LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF IGN OF ANDREA
PRICE;
PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE
JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA
PRICE;
LAURA EATON AS HEIR AT LAW AND NEXT OF KIN OF ANDREA
PRICE;
MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF KIN OF ANDREA
PRICE;
DOE" DOE"
"JOHN AND "JANE 1 THROUGH 50, INTENDING TO BE
THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES,
TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEES OF THE ESTA'IE
OF ANDREA PRICE WHO WAS BORN IN 1956 AND DIED DECEMBER 3,
2017, A RESIDENT OF THE COUNTY OF OSWEGO, WHOSE LAST
KNOWN ADDRESS WAS 1443 COUNTY ROUTE 58 FULTON, NY 13069,
THEIR SOCCESSORS IN INTEREST IN ANY OF THE AFORESAID
DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW,
NEXT OF IGN, AND SUCCESSORS IN INTEREST OF THE AFORESAID .
CLASSES OF PERSON, IF THEY OR AN OF THEM BE DEAD, AND THEIR
RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF
WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE
UNKNOWN TO THE PLAINTIFF;
HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE MEMORIAL
HOSPITAL;
Defendants.
and.it is further .
ORDERED, ADJUDGED AND DECREED, that the court awarded C-.umlian Ad
Litem and Military Attorney be paid his fees in the a=ount of $ ; and itis further
ORDERED that [the Court will designate the Referee]
Name: Esq.
Address:
Telephone:
is hereby appointed Referee to ascertain, compute and report the total amount due to plentiff
for unpaid principal accrued interest and all reasonable mortgage costs and expenses other
attorneys'
than fees secured by the Note and Mortgage sued upon and set forth in the
Co=plaint, and to examine and report as to whether the mortgaged premises should be sold in
one parcel. The referee shall not be required to notice or conduct a hearing and the plaintiff
may submit to the Referee its proof by affidavit; and itis further
ORDERED that by accepting this appointment the Referee certifies that he/she is in
compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including but .
not limited to section 36.2(c) ("Disqualifications from appointmant") and section 36.2(d)
("Lirnitations on appointments based upon compensation"); and itis further
ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee
shall be paid a fee of $350.00 upon the filing of the Report of the Referee computing the
amount due to plaintif F, and itis further
ORDERED that during the pendency of this action, if any interest in the Note and/or
.
Mortgage that is the subject of this action has been or is transferred, the person or entity to
whom the interest has been or is transferred shall apply to the Court within thirty (30) days of
the transfer to be sühstituted or joined in this action pursuant to CPLR §1018; and itis further
ORDERED that the Referee shall file his/her Report on or before
Court will insert this and itis further -
[the date];
ORDERED that on or before __ [the Court will insert this date],
the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliarce
with all legal and administrative requirements for a Judgment of Forecissure and Sale; and it
is further
ORDERED that in the event plaintiff failsto timely submit the required Motion or Ex
Parte application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may
either (1) strike all interest accruing on the loan as of the subject date together with any and all
late fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action
for plaintiff's failure to comply with the Courtis deadline (see Andrea v. Arnone, Hedin,
Casker, Kennedy & Drake, 5 NY3d 514 (2005).
Dated:
J.S.C.
STATE OF NEW YORK
SUPREME COURT . COUNTY OF OSWEGO
DEUTSCHE BANK NATIONAL TRUST COMPANY, . ·. .
AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE
.LOAN TRUST MORTGAGE PASS-
2006-FF9,
THROUGH CERTIFICATES, SERIES 2006-FF9,
Plaintiff, Index No.: EFC-2018-1571
-vs- CERTIFICATION
LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF KIN
OF ANDREA PRICE; .
PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF
ANDREA PRICE
JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN .
OF ANDREA PRICE;
LAURA EATON AS HEIR AT LAW AND NEXT OF KIN OF
ANDREA PRICE;
MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF
KIN OF ANDREA PRICE;
HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE
MEMORIAL HOSPITAL;
DOE" DOE"
"JOHN AND "JANE 1 THROUGH 50,
INTENDING TO BE THE UNKNOWN HEIRS,
DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES,
LIENORS, CREDITORS, AND ASSIGNEESOF THE .
ESTATE OF ANDREA PRICE WHO WAS BORN IN 1956
AND DIED DECEMBER 3, 2017, A RESIDENT OF THE
-COUNTY OF OSWEGO, WHOSE LAST KNOWN
ADDRESS WAS 1443 COUNTY ROUTE 58 FULTON, NY
13069, THEIR SUCCESSORS IN INTEREST IN ANY OF
THE AFORESAID DEFENDANTS BE DECEASED, THEIR
RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND
SUCCESSORS IN INTEREST OF THE AFORESAID
CLASSES OF PERSON, IF THEY OR AN OF THEM BE
DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR
WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES
AND PLACES OF RESIDENCE ARE UNKNOWN TO THE
PLAINTIFF;
DOES"
"JOHN and "JANE DOES",
said names·being fictitious, parties intended possible tenants
being
or occupants of premises and corporations, other entities or persons
who have, claim, or may claim, a lien against,.or other interest in,
F
the premises,
Defendants.
To the best of my knowledge, informaticñ and belief, formed after a reasonable inquiry
under the circumstances, the presentation of this Order of Reference and or the contenom
therein are not frivolous as defined in subsection (c) of section 130-1.1 of the Rules of the Chief
. Administrator (22 NYCRR).
Sean P. Williams, Esq.
DAVIDSON FINK LLP
Attorneys for Plaintiff
28 East Main Street, Suite 17.00
Rochester, New York 14614 .
Tel.: (585) 760-8218
Preview
. . . At a Term of the Supreme Court, of the State of New York held in and for the County of Oswego at the Oswego County Courthouse, Oswego, New York, on the day of 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF OSWEGO PRESENT: HON. . DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN ORDER OF REFERENCE TRUST 2006-FM, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9, Index No.: EFC-2018-1571 Plaintiff, Mortgaged Premises: . -vs- 1443 Rt 57 County . Fulton, (Town of Volney) NY LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF 13069 KIN OF ANDREA PRICE; PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN . OF ANDREA PRICE; LAURA EATON AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE MEMORIAL HOSPITAL; DOE" DOE" "JOHN AND "JANE 1 THROUGH 50, INTENDING TO BE THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEES OF THE ESTATE OF ANDREA PRICE WHO WAS BORN IN 1956 AND DIED DECEMBER 3, 2017, A RESIDENT OF THE COUNTY OF OSWEGO, WHOSE LAST KNOWN ADDRESS WAS.1443 COUNTY ROUTE 58.FULTON, NY 13069, THEIR SUCCESSORS IN INTEREST IN ANY OF THE AFORESAID DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND SUCCESSORS IN INTEREST OF THE AFORESAID CLASSES OF PERSON, IF THEY OR AN OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO THE PLAINTIFF; "JOHN DOES".and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises and corporations, other entities or persons who have, claim, or may claim, a lien against, or other interest in,the premises, Defendants. Plaintiff having moved this Court for an Order: O striking the answer of defendant(s) - __ and . converting each such appearance to a general notice of appearance )it[ pursuant to CPLR §3215, granting plaintiff default judgment O pursuant to CPLR §3212, granting plaintiff summhry judgment amending the caption to E[ delete defendant(s) JOHN DOES and JANE DOES O substitute the names of . for defendant(s) John Doe and/or Jane Doe - O other pursuant to RPAPL §1321, appainEng a Referee to compute the sums due plaintiff on the Note and Mortgage . O other [specify]: . NOW, upon plaintiff's I)ex parte application or O motion heani on at which time O plaintiff/ O defendant appeared, or O no appearances were equimd, and upon the Summons and Complaint and proof that all defendents have been served, and upon . proof that the time for all to answer or appear has and upon the: . . defendant(s) expired, 1) affidavit of Cynthia Wallace, Second Assistant Vice President of Specialized - Loan LLC, Attorney-In-Fact for Plaintiff dated September 16, 2019, Servicing with Exhibits L annexed; l 9 A - 2) affirmation of Sean P. Williams, Esq. affirmed on , with ExhibiÈ O annexed; 3) other [specify]: ; itis hereby ORDERED that the plaintifPs mation: . for a default judgment pursuant to CPLR §3215 and RPAPL §1321 is granted; defenda.nt(s)' O to strike answer and for summary judgment pursuant to CPLR §3212 is granted; . O other [specify]: . . and itis further ORDERED that the caption of this action is amended to Dil delete the name(s) of defendant(s) JOHN DOES and JANE DOES O substitute the name(s) of . for defendant(s) John Doe and/or Jane Doe O other [specify]: and it isfurther . ORDERED tlfatthe caption of this action as ==anded shall read as follows: STATE OF NEW YORK SUPREME COURT COUNTY OF OSWEGO . . DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR . . FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9,·MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20.06-FF9, Plaintiff, vs. LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF IGN OF ANDREA PRICE; PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; LAURA EATON AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; DOE" DOE" "JOHN AND "JANE 1 THROUGH 50, INTENDING TO BE THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEES OF THE ESTA'IE OF ANDREA PRICE WHO WAS BORN IN 1956 AND DIED DECEMBER 3, 2017, A RESIDENT OF THE COUNTY OF OSWEGO, WHOSE LAST KNOWN ADDRESS WAS 1443 COUNTY ROUTE 58 FULTON, NY 13069, THEIR SOCCESSORS IN INTEREST IN ANY OF THE AFORESAID DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW, NEXT OF IGN, AND SUCCESSORS IN INTEREST OF THE AFORESAID . CLASSES OF PERSON, IF THEY OR AN OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO THE PLAINTIFF; HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE MEMORIAL HOSPITAL; Defendants. and.it is further . ORDERED, ADJUDGED AND DECREED, that the court awarded C-.umlian Ad Litem and Military Attorney be paid his fees in the a=ount of $ ; and itis further ORDERED that [the Court will designate the Referee] Name: Esq. Address: Telephone: is hereby appointed Referee to ascertain, compute and report the total amount due to plentiff for unpaid principal accrued interest and all reasonable mortgage costs and expenses other attorneys' than fees secured by the Note and Mortgage sued upon and set forth in the Co=plaint, and to examine and report as to whether the mortgaged premises should be sold in one parcel. The referee shall not be required to notice or conduct a hearing and the plaintiff may submit to the Referee its proof by affidavit; and itis further ORDERED that by accepting this appointment the Referee certifies that he/she is in compliance with Part 36 of the Rules of the Chief Judge (22 NYCRR Part 36) including but . not limited to section 36.2(c) ("Disqualifications from appointmant") and section 36.2(d) ("Lirnitations on appointments based upon compensation"); and itis further ORDERED that pursuant to CPLR §8003(a), in the discretion of the Court, the Referee shall be paid a fee of $350.00 upon the filing of the Report of the Referee computing the amount due to plaintif F, and itis further ORDERED that during the pendency of this action, if any interest in the Note and/or . Mortgage that is the subject of this action has been or is transferred, the person or entity to whom the interest has been or is transferred shall apply to the Court within thirty (30) days of the transfer to be sühstituted or joined in this action pursuant to CPLR §1018; and itis further ORDERED that the Referee shall file his/her Report on or before Court will insert this and itis further - [the date]; ORDERED that on or before __ [the Court will insert this date], the plaintiff shall submit as appropriate a Motion or an Ex Parte application in compliarce with all legal and administrative requirements for a Judgment of Forecissure and Sale; and it is further ORDERED that in the event plaintiff failsto timely submit the required Motion or Ex Parte application for a Judgment of Foreclosure and Sale, in itsdiscretion, the Court may either (1) strike all interest accruing on the loan as of the subject date together with any and all late fees, penalties, property inspection fees and preservation costs; or (2) dismiss the action for plaintiff's failure to comply with the Courtis deadline (see Andrea v. Arnone, Hedin, Casker, Kennedy & Drake, 5 NY3d 514 (2005). Dated: J.S.C. STATE OF NEW YORK SUPREME COURT . COUNTY OF OSWEGO DEUTSCHE BANK NATIONAL TRUST COMPANY, . ·. . AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE .LOAN TRUST MORTGAGE PASS- 2006-FF9, THROUGH CERTIFICATES, SERIES 2006-FF9, Plaintiff, Index No.: EFC-2018-1571 -vs- CERTIFICATION LESLEE TONDEUR AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; . PAUL PRICE AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE JOLLEEN PRICE AS HEIR AT LAW AND NEXT OF KIN . OF ANDREA PRICE; LAURA EATON AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; MICHELE GIOURTIS AS HEIR AT LAW AND NEXT OF KIN OF ANDREA PRICE; HORIZON RESOURCES LLC AS ASSIGNEE OF AL LEE MEMORIAL HOSPITAL; DOE" DOE" "JOHN AND "JANE 1 THROUGH 50, INTENDING TO BE THE UNKNOWN HEIRS, DISTRIBUTEES, DEVISEES, GRANTEES, TRUSTEES, LIENORS, CREDITORS, AND ASSIGNEESOF THE . ESTATE OF ANDREA PRICE WHO WAS BORN IN 1956 AND DIED DECEMBER 3, 2017, A RESIDENT OF THE -COUNTY OF OSWEGO, WHOSE LAST KNOWN ADDRESS WAS 1443 COUNTY ROUTE 58 FULTON, NY 13069, THEIR SUCCESSORS IN INTEREST IN ANY OF THE AFORESAID DEFENDANTS BE DECEASED, THEIR RESPECTIVE HEIRS AT LAW, NEXT OF KIN, AND SUCCESSORS IN INTEREST OF THE AFORESAID CLASSES OF PERSON, IF THEY OR AN OF THEM BE DEAD, AND THEIR RESPECTIVE HUSBANDS, WIVES OR WIDOWS, IF ANY, ALL OF WHOM AND WHOSE NAMES AND PLACES OF RESIDENCE ARE UNKNOWN TO THE PLAINTIFF; DOES" "JOHN and "JANE DOES", said names·being fictitious, parties intended possible tenants being or occupants of premises and corporations, other entities or persons who have, claim, or may claim, a lien against,.or other interest in, F the premises, Defendants. To the best of my knowledge, informaticñ and belief, formed after a reasonable inquiry under the circumstances, the presentation of this Order of Reference and or the contenom therein are not frivolous as defined in subsection (c) of section 130-1.1 of the Rules of the Chief . Administrator (22 NYCRR). Sean P. Williams, Esq. DAVIDSON FINK LLP Attorneys for Plaintiff 28 East Main Street, Suite 17.00 Rochester, New York 14614 . Tel.: (585) 760-8218