Preview
FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019
CI2019-03184 Index # : EF2017-0302
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
QUICKEN LOANS INC., INDEX NO.: EF2017-0302
PLAINTIFF,
V
SCOTT DRUM, ET AL. NOTICE OF ENTRY
DEFENDANTS
PLEASE TAKE NOTICE that enclosed is a copy of an Order entered by the Tompkins
County Clerk's Office on December 5th,2019.
Dated: February , 2019
Mar et J. Casci1to, Esq. (4196911)
Stacey A. Weisblatt, Esq. (2517886)
Roland R. Georger, Esq. (4663175)
Anthony P. Scali, Esq. (4556775)
Todd R. Baltch, Esq. (4884862)
Jacqueline F. McNally, Esq. (5309091)
Paul S. Huntington, Esq. (5630645)
485B Route 1 South, Suite 330
Iselin, NJ 08830
and
4976 Transit Road #2
Depew, NY 14043
T: (516) 630-0288
Attorney for Plaintiff
TO:
Scott Drum
597 West Dryden Road
Freeville, NY 13068
JAMIE LEONARD
222 GENESEE STREET
CAYUGA, NY 13034
DISCOVER BANK
1 COMMERCE PLAZA, 6TH FLOOR
ALBANY, NY 12210
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At Part ____ of the Supreme Court held in the County
of Tompkins at the Courthouse thereof, on the
day of December , 2018.
PRESENT: HON. JOHN C. ROWLEY
JUSTICE OF THE SUPREME COURT (Acting)
_____. -------------- X
QUICKEN LOANS INC., INDEX NO.: EF2017-0302
RJi No.: 2018-0010-C
PLAINTIFF, ORDER OF REFERENCE AND DEFAULT
V. JUDGMENT
SCOTT DRUM; JAMIE LEONARD; MORTGAGED PROPERTY:
DISCOVER BANK; CAPITAL ONE BANK 597 WEST DRYDEN ROAD
(USA) NA; JOHN DOE (SAID NAME BEING FREEVILLE, NY 13068
FICTITIOUS TO REPRESENT UNKNOWN
TENANTS/OCCUPANTS OF THE SUBJECT Section: 32. Block 1 Lot: 6
PROPERTY AND ANY OTHER PARTY OR
ENTITY OF ANY KIND, IF ANY, HAVING
OR CLAIMING AN INTEREST OR LIEN
UPON THE MORTGAGED PROPERTY),
DEFENDANTS.
___________________-_____________-------X
UPON the Summons, Complaint and Notice of Pendency filed in this action on December 26,
2017, the Notice of Motion dated October 8, 2018, the affirmation of Roland R. Georger, Esquire, Esq.
of Stern & Eisenberg, PC the attorneys of record for plaintiff Quicken Loans Inc.("Plaintiff")and the
exhibits ailüêxed thereto, and upon the affidavit of merit and amount due Scott who is Loss
by Evely
Mitigation Officer of Quicken Loans Inc. duly sworn to on August 30, 2018 together with the exhibits
attached hereto, and all prior papers filed in this action and prior proceedings had herein; and
UPON proof that each of the defendants herein has been duly served with the Summons and
Complaint in this action and required notices; and
AND the court having held a mandatory settlement conference pursuant to CPLR 3408
Plaintiff attended a settlement conference on July 24, 2018 but the defendant mortgagor(s) failed to
appear and the case was released from the settlement conference part;
AND it appearing that SCOTT DRUM, JAMIE LEONARD, DISCOVER BANK, CAPITAL
ONE BANK (USA) NA, BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM and KRISTA
VAUGHN time to answer the complaint has expired; and
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AND itappearing to the satisfaction of this action was brought to foreclose a mortgage on real
property located at 597 West Dryden Road , Freeville, NY 13068, in the County of Tompkins, State of
New York Section: 32. Block: 1 Lot: 6,
NOW, on motion by Stern & Eiscaberg, PC, attorney for the Plaintiff, itis hereby
ORDERED that defendant(s) SCOTT DRUM, JAMIE LEONARD, DISCOVER BANK,
CAPITAL ONE BANK (USA) NA, BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM and
KRISTA VAUGHN are determined to be in default; and it isfurther
ORDERED that Thomas Blair, Esq with an address of
3895 Fennell Street. Skaneateles. NY (315) 685-9900 , is appointed
1315-22__ hereby
referee, in accordance with RPAPL § 1321, to compute the amount due to Plaintiff and to examine
whether the mortgaged property may be sold in parcels; and itis further
ORDERED that the Referee make his/her computation and report with all convenient speed;
and itis further
ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL § 1321; 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 §26.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on
appointments based upon compensation"), and, if the Referee is disqualified from receiving an
appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the
Appointing Judge; and itis further
ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion
of the court, a fee of $250.00, shall be paid to the Referee for the computation of the amount due and
upon the filing of his/her report and the Referee shall not request or accept additional compcñsation
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for the computation unless ithas been fixed by the court in accordance with CPLR 8003(a); and itis
further
ORDERED that the name(s) of BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM
and KRISTA VAUGHN be subst;inted in the caption of this action as a party defendant in the place
and stead of "JOHN DOE", all of the foregoing without prejudice to any of the proceedings heretofore
had or to be had in this action; and itis further:
ORDERED that the caption shall read as follows:
[INTENTIONALLY LEFT BLANK]
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
..._...X
QUICKEN LOANS INC., INDEX NO.: EF2017-0302
PLAINTIFF(S), MORTGAGED PROPERTY:
V. 597 WEST DRYDEN ROAD
FREEVILLE, NY 13068
SCOTT DRUM; JAMIE LEONARD;
DISCOVER BANK; CAPITAL ONE BANK Section: 32. Block 1 Lot: 6
(USA) NA; BEVERLY DRUM;
ROCHELLE DRUM; SARAH DRUM;
KRISTA VAUGHN,
DEFENDANT(S).
----- x
And it isfurther
ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all
parties and persons entitled to notice, including the Referee appointed herein.
This constitutes the decision and order of the court.
DATED: December 5, 2018
ENTER:
Digitally signed by JohnC. Rowley
Ohn C DNiC=US, OU=TompkinsCounty Court,
ÖeNY State UnifiedCourts, CN=JohnC.
Rowley,
E tpkrowley_chambers@nycourts.gov
Date:2018-12-0511:48:41
Hon. John C. Rowley, AJSC
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019
CI2019-03184 Index #: EF2017-0302
7 ...u- n. -. ---.. -oJ2
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
X
QUICKEN LOANS INC., INDEXNO.: EF2017-0302
PLAINTIFF(S),
V.
SCOTT DRUM; JAMIE LEONARD;
DISCOVER BANK; CAPITAL ONE BANK
(USA) NA; JOHN DOE (SAID NAME
BEING FICTITIOUS TO REPRESENT
UNKNOWN TENANTS/OCCUPANTS OF
THE SUBJECT PROPERTY AND ANY
OTHER PARTY OR ENTITY OF ANY
KIND, IF ANY, HAVING OR CLAIMING
AN INTEREST OR LIEN UPON THE
MORTGAGED PROPERTY),
DEFENDANT(S).
.. -.--x
ORDER GRANTING DEFAULT JUDGMENT AND ORDER OF REFERENCE
Margaret J. Cascino, Esq. (4196911)
Stacey A. Weisblatt, Esq. (2517886)
Roland R. Georger, Esq. (4663175)
Anthony P. Scali, Esq. (4556775)
Todd R. Baltch, Esq. (4884862)
Stern & Eisenberg, PC
485 B Route 1 South, Suite 330
Woodbridge Corporate Center
Iselin, NJ 08830
and
4976 Transit Road #2
Depew, NY 14043
T: (516) 630-0288
Attorneys for Plaintiff
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FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019
CI2019-03184 Index #: EF2017-0302
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF TOMPKINS
QUICKEN LOANS INC.,
INDEX NO.: EF2017-0302
PLAINTIFF,
V
SCOTT DRUM, ET AL.
DEFENDANTS
NOTICE OF ENTRY
Stern & Eisenberg, P.C.
485B Route 1 South, Suite 330
Iselin, NJ 08830
AND
4976 Transit Road #2
Depew, NY 14043
(516) 630-0288
7 of 7
Preview
FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 CI2019-03184 Index # : EF2017-0302 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS QUICKEN LOANS INC., INDEX NO.: EF2017-0302 PLAINTIFF, V SCOTT DRUM, ET AL. NOTICE OF ENTRY DEFENDANTS PLEASE TAKE NOTICE that enclosed is a copy of an Order entered by the Tompkins County Clerk's Office on December 5th,2019. Dated: February , 2019 Mar et J. Casci1to, Esq. (4196911) Stacey A. Weisblatt, Esq. (2517886) Roland R. Georger, Esq. (4663175) Anthony P. Scali, Esq. (4556775) Todd R. Baltch, Esq. (4884862) Jacqueline F. McNally, Esq. (5309091) Paul S. Huntington, Esq. (5630645) 485B Route 1 South, Suite 330 Iselin, NJ 08830 and 4976 Transit Road #2 Depew, NY 14043 T: (516) 630-0288 Attorney for Plaintiff TO: Scott Drum 597 West Dryden Road Freeville, NY 13068 JAMIE LEONARD 222 GENESEE STREET CAYUGA, NY 13034 DISCOVER BANK 1 COMMERCE PLAZA, 6TH FLOOR ALBANY, NY 12210 1 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 RECEI / 2( CI2019-03184 Index #: EF2017-0302 -wov7 niue^ * . crcui r-vou2 At Part ____ of the Supreme Court held in the County of Tompkins at the Courthouse thereof, on the day of December , 2018. PRESENT: HON. JOHN C. ROWLEY JUSTICE OF THE SUPREME COURT (Acting) _____. -------------- X QUICKEN LOANS INC., INDEX NO.: EF2017-0302 RJi No.: 2018-0010-C PLAINTIFF, ORDER OF REFERENCE AND DEFAULT V. JUDGMENT SCOTT DRUM; JAMIE LEONARD; MORTGAGED PROPERTY: DISCOVER BANK; CAPITAL ONE BANK 597 WEST DRYDEN ROAD (USA) NA; JOHN DOE (SAID NAME BEING FREEVILLE, NY 13068 FICTITIOUS TO REPRESENT UNKNOWN TENANTS/OCCUPANTS OF THE SUBJECT Section: 32. Block 1 Lot: 6 PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PROPERTY), DEFENDANTS. ___________________-_____________-------X UPON the Summons, Complaint and Notice of Pendency filed in this action on December 26, 2017, the Notice of Motion dated October 8, 2018, the affirmation of Roland R. Georger, Esquire, Esq. of Stern & Eisenberg, PC the attorneys of record for plaintiff Quicken Loans Inc.("Plaintiff")and the exhibits ailüêxed thereto, and upon the affidavit of merit and amount due Scott who is Loss by Evely Mitigation Officer of Quicken Loans Inc. duly sworn to on August 30, 2018 together with the exhibits attached hereto, and all prior papers filed in this action and prior proceedings had herein; and UPON proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices; and AND the court having held a mandatory settlement conference pursuant to CPLR 3408 Plaintiff attended a settlement conference on July 24, 2018 but the defendant mortgagor(s) failed to appear and the case was released from the settlement conference part; AND it appearing that SCOTT DRUM, JAMIE LEONARD, DISCOVER BANK, CAPITAL ONE BANK (USA) NA, BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM and KRISTA VAUGHN time to answer the complaint has expired; and 2 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 . NO. 43 RECEI /2 CI2019-03184 Index #: EF2017-0302 vicu in-cond7 mun e. cr4u i ,-u002 AND itappearing to the satisfaction of this action was brought to foreclose a mortgage on real property located at 597 West Dryden Road , Freeville, NY 13068, in the County of Tompkins, State of New York Section: 32. Block: 1 Lot: 6, NOW, on motion by Stern & Eiscaberg, PC, attorney for the Plaintiff, itis hereby ORDERED that defendant(s) SCOTT DRUM, JAMIE LEONARD, DISCOVER BANK, CAPITAL ONE BANK (USA) NA, BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM and KRISTA VAUGHN are determined to be in default; and it isfurther ORDERED that Thomas Blair, Esq with an address of 3895 Fennell Street. Skaneateles. NY (315) 685-9900 , is appointed 1315-22__ hereby referee, in accordance with RPAPL § 1321, to compute the amount due to Plaintiff and to examine whether the mortgaged property may be sold in parcels; and itis further ORDERED that the Referee make his/her computation and report with all convenient speed; and itis further ORDERED that, if necessary, the Referee may take testimony pursuant to RPAPL § 1321; 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 §26.2(c) ("Disqualifications from appointment"), and §36.2(d) ("Limitations on appointments based upon compensation"), and, if the Referee is disqualified from receiving an appointment pursuant to the provisions of that Rule, the Referee shall immediately notify the Appointing Judge; and itis further ORDERED that, pursuant to CPLR 8003(a), the statutory fee of $50.00, and in the discretion of the court, a fee of $250.00, shall be paid to the Referee for the computation of the amount due and upon the filing of his/her report and the Referee shall not request or accept additional compcñsation 3 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 . NO. 43 RECEI /2( CI2019-03184 Index #: EF2017-0302 v io-zouu7 maex g; trzv i -u402 for the computation unless ithas been fixed by the court in accordance with CPLR 8003(a); and itis further ORDERED that the name(s) of BEVERLY DRUM, ROCHELLE DRUM, SARAH DRUM and KRISTA VAUGHN be subst;inted in the caption of this action as a party defendant in the place and stead of "JOHN DOE", all of the foregoing without prejudice to any of the proceedings heretofore had or to be had in this action; and itis further: ORDERED that the caption shall read as follows: [INTENTIONALLY LEFT BLANK] 4 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 . NO. 43 RECEI /2( CI2019-03184 Index #: EF2017-0302 w£o io-couv7 muex e; crov ir-u002 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS ..._...X QUICKEN LOANS INC., INDEX NO.: EF2017-0302 PLAINTIFF(S), MORTGAGED PROPERTY: V. 597 WEST DRYDEN ROAD FREEVILLE, NY 13068 SCOTT DRUM; JAMIE LEONARD; DISCOVER BANK; CAPITAL ONE BANK Section: 32. Block 1 Lot: 6 (USA) NA; BEVERLY DRUM; ROCHELLE DRUM; SARAH DRUM; KRISTA VAUGHN, DEFENDANT(S). ----- x And it isfurther ORDERED that Plaintiff shall serve a copy of this Order with notice of entry on all parties and persons entitled to notice, including the Referee appointed herein. This constitutes the decision and order of the court. DATED: December 5, 2018 ENTER: Digitally signed by JohnC. Rowley Ohn C DNiC=US, OU=TompkinsCounty Court, ÖeNY State UnifiedCourts, CN=JohnC. Rowley, E tpkrowley_chambers@nycourts.gov Date:2018-12-0511:48:41 Hon. John C. Rowley, AJSC 5 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 CI2019-03184 Index #: EF2017-0302 7 ...u- n. -. ---.. -oJ2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS X QUICKEN LOANS INC., INDEXNO.: EF2017-0302 PLAINTIFF(S), V. SCOTT DRUM; JAMIE LEONARD; DISCOVER BANK; CAPITAL ONE BANK (USA) NA; JOHN DOE (SAID NAME BEING FICTITIOUS TO REPRESENT UNKNOWN TENANTS/OCCUPANTS OF THE SUBJECT PROPERTY AND ANY OTHER PARTY OR ENTITY OF ANY KIND, IF ANY, HAVING OR CLAIMING AN INTEREST OR LIEN UPON THE MORTGAGED PROPERTY), DEFENDANT(S). .. -.--x ORDER GRANTING DEFAULT JUDGMENT AND ORDER OF REFERENCE Margaret J. Cascino, Esq. (4196911) Stacey A. Weisblatt, Esq. (2517886) Roland R. Georger, Esq. (4663175) Anthony P. Scali, Esq. (4556775) Todd R. Baltch, Esq. (4884862) Stern & Eisenberg, PC 485 B Route 1 South, Suite 330 Woodbridge Corporate Center Iselin, NJ 08830 and 4976 Transit Road #2 Depew, NY 14043 T: (516) 630-0288 Attorneys for Plaintiff 6 of 7 FILED: TOMPKINS COUNTY CLERK 02/12/2019 03:09 PM INDEX NO. EF2017-0302 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 02/12/2019 CI2019-03184 Index #: EF2017-0302 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS QUICKEN LOANS INC., INDEX NO.: EF2017-0302 PLAINTIFF, V SCOTT DRUM, ET AL. DEFENDANTS NOTICE OF ENTRY Stern & Eisenberg, P.C. 485B Route 1 South, Suite 330 Iselin, NJ 08830 AND 4976 Transit Road #2 Depew, NY 14043 (516) 630-0288 7 of 7