Preview
FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
----------------------------------------------X Index No.
FIFTH THIRD BANK N.A.,
Plaintiff, Date Purchased:
- against - Plaintiff designates
ONEIDA County as the
WAYNE J. HARVEY III, PATSY J. HARVEY, and “JOHN DOE No. 1'' place of trial.
through ''JOHN DOE No. 100'' inclusive, the name of the last 100
defendants being fictitious, the true names of said defendants being SUMMONS
unknown to plaintiff, it being intended to designate fee owners, tenants or
occupants of the liened premises and/or persons or parties having or The basis of venue is:
claiming an interest in or a lien upon the liened premises, if the aforesaid The location of real property
individual defendants are living, and if any or all of said individual being foreclosed
defendants be dead, their heirs at law, next of kin, distributees, executors,
administrators, trustees, committees, devisees, legatees, and assignees,
lienors, creditors and successors in interest of them and generally all
persons having or claiming under, by, through, or against the said
defendants named as a class, of any right, title, or interest in or lien upon
the premises described in the complaint herein,
Defendant(s).
----------------------------------------------X
To the above named Defendants:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or, if the 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 service is complete if this summons is not
personally delivered to you within the State of New York); and in case of your failure to appear
or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
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NOTICE
YOU ARE IN DANGER OF LOSING YOUR HOME
If you do not respond to this Summons and Complaint by serving a copy of the
answer on the attorney for the mortgage company who filed this foreclosure proceeding
against you and filing the answer with the court, a default judgment may be entered and
you can lose your home.
Speak to an attorney or go to the court where your case is pending for further
information on how to answer the summons and protect your property.
Sending a payment to your mortgage company will not stop this foreclosure action.
YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE
ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE
ANSWER WITH THE COURT.
Executed on this 26th day of June, 2024
Melville, New York
ALDRIDGE PITE, LLP.
________________________________
By: Alyson Bisacco, Esq.
Attorneys for Plaintiff
40 Marcus Drive, Suite 200
Melville, NY 11747
631-454-8059
WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
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Defendants' Address:
WAYNE J. HARVEY III
12 TERRACE COURT
ROME, NY 13440
PATSY J. HARVEY
12 TERRACE COURT
ROME, NY 13440
AND
6482 DIX ROAD
ROME, NY 13440
“JOHN DOE No. 1” through “JOHN DOE No. 100”
12 TERRACE COURT
ROME, NY 13440
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
----------------------------------------------X INDEX NO.
FIFTH THIRD BANK N.A.,
Plaintiff, COMPLAINT
- against -
WAYNE J. HARVEY III, PATSY J. HARVEY, and “JOHN DOE No. 1''
through ''JOHN DOE No. 100'' inclusive, the name of the last 100
defendants being fictitious, the true names of said defendants being
unknown to plaintiff, it being intended to designate fee owners, tenants or
occupants of the liened premises and/or persons or parties having or
claiming an interest in or a lien upon the liened premises, if the aforesaid
individual defendants are living, and if any or all of said individual
defendants be dead, their heirs at law, next of kin, distributees, executors,
administrators, trustees, committees, devisees, legatees, and assignees,
lienors, creditors and successors in interest of them and generally all persons
having or claiming under, by, through, or against the said defendants named
as a class, of any right, title, or interest in or lien upon the premises
described in the complaint herein,
Defendant(s).
----------------------------------------------X
Plaintiff, by its attorneys, Aldridge Pite, LLP. complaining of defendant(s),
alleges:
1. At all times herein mentioned, plaintiff was, and still is a corporation organized and
existing under and by virtue of the laws of the United States of America, authorized to transact
business in the State of New York.
2. Upon information and belief, at all times herein mentioned defendant(s) WAYNE J.
HARVEY III and PATSY J. HARVEY were and still are, resident(s) of ONEIDA County, State of
New York.
AS AND FOR A FIRST CAUSE OF ACTION
3. On January 20, 2017, for valuable consideration, and for the purpose of securing payment
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to MB FINANCIAL BANK, N.A. in the sum of $67,651.00, with interest thereon, WAYNE J.
HARVEY III and PATSY J. HARVEY duly executed, acknowledged and delivered to MB
FINANCIAL BANK, N.A., a mortgage note (the “NOTE”), whereby said defendant(s) bound
themselves to MB FINANCIAL BANK, N.A. in the amount of $67,651.00 with interest thereon.
4. As collateral security for the payment of the aforesaid indebtedness, WAYNE J.
HARVEY III and PATSY J. HARVEY on the same day, duly executed, acknowledged and
delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERS, ACTING
SOLELY AS A NOMINEE FOR MB FINANCIAL BANK, N.A., a mortgage in the sum of
$67,651.00. The mortgage was duly recorded on January 23, 2017, in Instrument Number: 2017-
001203, (the “MORTGAGE”) whereby WAYNE J. HARVEY III and PATSY J. HARVEY
mortgaged to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERS,
ACTING SOLELY AS A NOMINEE FOR MB FINANCIAL BANK, N.A., its successors and
assigns forever, the premises commonly known as 12 TERRACE COURT, ROME, NY 13440,
more particularly described in Schedule (A) attached hereto, together with the improvements
thereon erected. Any applicable mortgage tax was duly paid simultaneously with said
recordation.
5. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE,
AS NOMINEE FOR MB FINANCIAL BANK, N.A., ITS SUCCESSORS AND ASSIGNS
assigned all of its rights, title and interest in the Mortgage by way of an assignment executed
May 10, 2024 to FIFTH THIRD BANK, N.A. The assignment was duly recorded on May 14,
2024, in Instrument Number: 2024-005314.
6. Plaintiff is the holder or owner of the aforesaid Note and Mortgage and has complied
with all the provisions of section five hundred ninety-five A of the banking law, section six-l or
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six-m of the banking law, and RPAPL section thirteen hundred four of this article.
7. WAYNE J. HARVEY III and PATSY J. HARVEY failed, neglected and refused to comply
with the provisions of the Note and Mortgage by failing to make and pay the installment of
principal and interest due and owing on January 1, 2024 and thereafter, despite due demand
therefore. Said default has continued for more than fifteen (15) days after the due date thereof.
8. By reason of the aforesaid, plaintiff has elected to declare the unpaid principal sum of the
Note and Mortgage in the amount of $58,677.38 with accrued interest at 4.37500% per annum,
from December 1, 2023 to be immediately due and payable. Said election was made pursuant to
and in compliance with RPAPL Section 1304. Plaintiff, or its servicing agent, has complied with
the 90-day notice provision and the reporting requirement to the New York State Superintendent
of Banks, pursuant to RPAPL Section 1306.
9. By reason of the aforesaid, there is due and owing to plaintiff the sum of $58,677.38, with
interest thereon at 4.37500% per annum from December 1, 2023.
10. Defendants, ''JOHN DOE No. 1'' through ''JOHN DOE No. 100'' inclusive, the name of
the last 100 defendants being fictitious, the true names of said defendants being unknown to
plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises
and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if
the aforesaid individual defendants are living, and if any or all of said individual defendants be
dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees,
devisees, legatees, and assignees, lienors, creditors and successors in interest of them and
generally all persons having or claiming under, by, through, or against the said defendants named
as a class, of any right, title, or interest in or lien upon the premises described in the complaint
herein, are named as defendants herein as having or claiming an interest in or lien upon the
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Premises which interest or lien is subject to the lien of plaintiff's mortgage.
11. Each of the above named defendants has or claims to have or may claim to have some
interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has
accrued and is subject and subordinate to the lien of the Note and Mortgage.
12. The mortgaged premises are subject to and should be sold subject to any state of facts an
accurate survey or inspection of the premises would show, encroachments, covenants,
restrictions, agreements and easements of record, if any, real estate taxes and zoning restrictions
and otherwise of any governmental authority having jurisdiction thereover affecting said
premises and any prior mortgages or liens of record and the rights of the United States of
America to redeem the Premises.
13. Plaintiff shall not be deemed to have waived, altered, released or changed its election
hereinbefore made by reason of receipt of any payments, after the date of the commencement of
this action or of any or all of the defaults mentioned herein, and such election shall continue and
remain effective until the principal sum secured, the costs and disbursements of this action, and
any and all future defaults under the aforesaid Note(s) or Mortgage(s) occurring prior to a
discontinuance of this action are fully paid.
14. The subject Mortgage provides in part as follows:
Lender may require that I pay immediately the entire amount then remaining
unpaid under the Note and under this security instrument. This requirement is
called "IMMEDIATE PAYMENT IN FULL."
If Lender requires immediate payment in full, Lender may bring a lawsuit to take
away all of my remaining rights in the Property and have the Property sold. At
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this sale Lender or another person may acquire the Property. This is known as
"FORECLOSURE AND SALE." The further rights of the Lender including the
right to collect all costs, disbursements and attorney’s fees from the borrowers are
set forth in Paragraph 22 of the Mortgage.
15. Upon information and belief, no other action is pending at law, or otherwise, for the
recovery of the sum, or any part thereof, secured by the Note and Mortgage.
AS AND FOR A SECOND CAUSE OF ACTION
16. By reason of the aforesaid provisions set forth in the Mortgage, there is due and owing to
plaintiff reasonable attorneys' fees, plus costs and disbursements. The plaintiff requests that the
court award these fees, costs and disbursements in the judgment of foreclosure and sale.
WHEREFORE, plaintiff demands judgment as follows:
(a) Defendant(s) and all persons claiming under said defendant(s) or any of them
subsequent to the filing of a Notice of Pendency of this action in the appropriate County Clerk's
Office, and every person whose conveyance is subsequent or subsequently recorded, be barred
and foreclosed of all right, title, claim or lien and equity of redemption in said mortgaged
premises; that such mortgaged premises be decreed to be sold as one parcel, subject to and
should be sold subject to any state of facts an accurate survey or inspection of the premises
would show, encroachments, covenants, restrictions, agreements and easements of record, if any,
real estate taxes and zoning restrictions and otherwise of any governmental authority having
jurisdiction thereover affecting said premises and any prior mortgages or liens of record and the
rights of the United States of America to redeem the Premises, and that the monies arising from
said lien be paid into Court;
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On the first cause of action:
(b) Plaintiff be paid the principal amount due on its Mortgage with interest thereon at
4.37500% per annum from December 1, 2023, plus late charges, together with the amount of
taxes, assessments, water charges, insurance premiums and other similar charges paid by
plaintiff, if any, with interest on the subject amounts from the date of such payment by plaintiff,
the expenses of this sale, together with any sum or sums to be paid to plaintiff to protect the
security afforded by said Mortgage, including, but not limited to, watchmen or caretakers' fees,
and fees incurred during the pendency of this action until the closing of title with the purchaser
under the foreclosure sale; and that any sum so paid shall be added to the sums otherwise due to
plaintiff pursuant to plaintiff's claims herein and to be deemed secured by the Note(s) and
Mortgage(s) as therein provided; and they be declared a valid lien on the premises herein
described, all with interest thereon from the date of each such amount, so far as the amount of
such monies properly allocable thereto will pay the same; and that the defendant(s), WAYNE J.
HARVEY and PATSY J. HARVEY may be adjudged to pay the whole residue, or so much
thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied
after a sale of the mortgaged premises and the application of the proceeds pursuant to the
directions contained in such judgment, and that in the event that plaintiff possesses any other
lien(s) against said mortgaged premises either by way of judgment, junior mortgage or
otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of
action set forth in this complaint but that plaintiff shall be permitted to enforce said other lien(s)
and/or seek determination of priority thereof in any independent action(s) or proceeding(s),
including, without limitation, any surplus money proceedings;
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On the second cause of action:
(c) Plaintiff be awarded the costs and disbursements of this action, plus reasonable
attorneys' fees;
(d) Plaintiff has such other and further relief as this Court may deem just and proper.
Executed on this 26th day of June, 2024
Melville, New York
Aldridge Pite, LLP.
______________________________________
By: Alyson Bisacco, Esq.
Attorneys for Plaintiff
40 Marcus Drive, Suite 200
Melville, NY 11747
631-454-8059
Fax 631-454-8169
WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
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ALL THATTRACTORPARCELOF LAND, situate, lying and being in the City of Rome, County of
Oneida and State of NewYork, bounded and described as follows: being Lot No. 84 of Colonial Park as
shown on a map of Colonial Park Subdivision made by Albert E. Wheeler, Civil Engineer, dated April 1,
1942 and filed in the Oneida County Clerk's Office June 5, 1942, in Map Roll 378 and being of the
dimensions shown on said map.
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HELPFORHOMEOWNERS
IN FORECLOSURE
New York State Law requires that we send you this notice about the foreclosure process.
Please read it earefully.
SUMMONS
ANDCOMPLAINT
You are in danger of losing your home, If you fail to respond to the summons and
complaint in this foreclosure action, you may lose your home. Please read the summons
and complaint carefully. You should immediately contact an attorney or your local legal
aid office to obtain advice on how to protect yourself.
OFINFORMATIONANDASSISTANCE
SOURCES
The State encourages you
become informed about your options in foreelesure.
to
In
addition to seeking assistance from an
attorney or legal aid office, there are government
agencies and non-profit organizations that you may contact for information about possible
options, including trying to work with your lender during this process.
To locate an entity near you, you may call the toll-free helpline maintained by the New
York State Department of Financial Services toll free helpline at 1-800-269-0990 or visit
the Department's website at www.dfs.ny.gov.
RIGHTSANDOBLIGATIONS
YOUARENOTREQUIREDTOLEAVEYOURHOMEAT THIS TIME. YOUHAVE
THERIGHT TO STAYIN YOURHOMEDURINGTHEFORECLOSUREPROCESS.
YOUARENOTREQUIREDTOLEAVEYOURHOMEUNLESSANDUNTIL YOUR
PROPERTY IS SOLDAT AUCTIONPURSUANTTOA JUDGMENT
OF
FORECLOSURE ANDSALE. REGARDLESSOFWHETHERYOUCHOOSETO
REMAININ YOURHOME,YOUAREREQUIREDTOTAKECAREOF YOUR
PROPERTY ANDPAYPROPERTY TAXESIN ACCORDANCE
WITHSTATEAND
LOCALLAW.
FORECLOSURE
RESCUESCAMS
Be careful of people who approach you with offers to "save" your home. There are
individuals who watch for notices of foreclosure actions in order to unfairly profit from a
homeowner s distress. You should be extremely careful about any such promises and
any
suggestions that you pay them a fee or sign over your deed. State law requires
anyone
offering such services for profit to enter into a contract which fully describes the service
they will perform and fees they will charge, and which prohibits them from taking any
money from you until they have completed an such promised services.
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Index No. Year
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONEIDA
_____________________________________________________________________
FIFTH THIRD BANK N.A.,
Plaintiff,
- against -
WAYNE J. HARVEY III, ET AL.,
Defendant(s).
_____________________________________________________________________
SUMMONS AND COMPLAINT
_____________________________________________________________________
Aldridge Pite, LLP.
By: ______________________________________
Alyson Bisacco, Esq.
Attorneys for Plaintiff
40 Marcus Drive, Suite 200
Melville, NY 11747
631-454-8059
Fax 631-454-8169
Signature Pursuant to Rule 130-1.1-a
_____________________________________________________________________
To:
Attorney(s) for
_____________________________________________________________________________
Service of a copy of the within
is hereby admitted.
Dated:
…..................................
Attorney(s) for
______________________________________________________________________________
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Preview
FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA ----------------------------------------------X Index No. FIFTH THIRD BANK N.A., Plaintiff, Date Purchased: - against - Plaintiff designates ONEIDA County as the WAYNE J. HARVEY III, PATSY J. HARVEY, and “JOHN DOE No. 1'' place of trial. through ''JOHN DOE No. 100'' inclusive, the name of the last 100 defendants being fictitious, the true names of said defendants being SUMMONS unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or The basis of venue is: claiming an interest in or a lien upon the liened premises, if the aforesaid The location of real property individual defendants are living, and if any or all of said individual being foreclosed defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest of them and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Defendant(s). ----------------------------------------------X To the above named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the 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 service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 1 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this Summons and Complaint by serving a copy of the answer on the attorney for the mortgage company who filed this foreclosure proceeding against you and filing the answer with the court, a default judgment may be entered and you can lose your home. Speak to an attorney or go to the court where your case is pending for further information on how to answer the summons and protect your property. Sending a payment to your mortgage company will not stop this foreclosure action. YOU MUST RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. Executed on this 26th day of June, 2024 Melville, New York ALDRIDGE PITE, LLP. ________________________________ By: Alyson Bisacco, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200 Melville, NY 11747 631-454-8059 WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 2 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Defendants' Address: WAYNE J. HARVEY III 12 TERRACE COURT ROME, NY 13440 PATSY J. HARVEY 12 TERRACE COURT ROME, NY 13440 AND 6482 DIX ROAD ROME, NY 13440 “JOHN DOE No. 1” through “JOHN DOE No. 100” 12 TERRACE COURT ROME, NY 13440 3 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA ----------------------------------------------X INDEX NO. FIFTH THIRD BANK N.A., Plaintiff, COMPLAINT - against - WAYNE J. HARVEY III, PATSY J. HARVEY, and “JOHN DOE No. 1'' through ''JOHN DOE No. 100'' inclusive, the name of the last 100 defendants being fictitious, the true names of said defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest of them and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, Defendant(s). ----------------------------------------------X Plaintiff, by its attorneys, Aldridge Pite, LLP. complaining of defendant(s), alleges: 1. At all times herein mentioned, plaintiff was, and still is a corporation organized and existing under and by virtue of the laws of the United States of America, authorized to transact business in the State of New York. 2. Upon information and belief, at all times herein mentioned defendant(s) WAYNE J. HARVEY III and PATSY J. HARVEY were and still are, resident(s) of ONEIDA County, State of New York. AS AND FOR A FIRST CAUSE OF ACTION 3. On January 20, 2017, for valuable consideration, and for the purpose of securing payment 4 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 to MB FINANCIAL BANK, N.A. in the sum of $67,651.00, with interest thereon, WAYNE J. HARVEY III and PATSY J. HARVEY duly executed, acknowledged and delivered to MB FINANCIAL BANK, N.A., a mortgage note (the “NOTE”), whereby said defendant(s) bound themselves to MB FINANCIAL BANK, N.A. in the amount of $67,651.00 with interest thereon. 4. As collateral security for the payment of the aforesaid indebtedness, WAYNE J. HARVEY III and PATSY J. HARVEY on the same day, duly executed, acknowledged and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERS, ACTING SOLELY AS A NOMINEE FOR MB FINANCIAL BANK, N.A., a mortgage in the sum of $67,651.00. The mortgage was duly recorded on January 23, 2017, in Instrument Number: 2017- 001203, (the “MORTGAGE”) whereby WAYNE J. HARVEY III and PATSY J. HARVEY mortgaged to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERS, ACTING SOLELY AS A NOMINEE FOR MB FINANCIAL BANK, N.A., its successors and assigns forever, the premises commonly known as 12 TERRACE COURT, ROME, NY 13440, more particularly described in Schedule (A) attached hereto, together with the improvements thereon erected. Any applicable mortgage tax was duly paid simultaneously with said recordation. 5. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS MORTGAGEE, AS NOMINEE FOR MB FINANCIAL BANK, N.A., ITS SUCCESSORS AND ASSIGNS assigned all of its rights, title and interest in the Mortgage by way of an assignment executed May 10, 2024 to FIFTH THIRD BANK, N.A. The assignment was duly recorded on May 14, 2024, in Instrument Number: 2024-005314. 6. Plaintiff is the holder or owner of the aforesaid Note and Mortgage and has complied with all the provisions of section five hundred ninety-five A of the banking law, section six-l or 5 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 six-m of the banking law, and RPAPL section thirteen hundred four of this article. 7. WAYNE J. HARVEY III and PATSY J. HARVEY failed, neglected and refused to comply with the provisions of the Note and Mortgage by failing to make and pay the installment of principal and interest due and owing on January 1, 2024 and thereafter, despite due demand therefore. Said default has continued for more than fifteen (15) days after the due date thereof. 8. By reason of the aforesaid, plaintiff has elected to declare the unpaid principal sum of the Note and Mortgage in the amount of $58,677.38 with accrued interest at 4.37500% per annum, from December 1, 2023 to be immediately due and payable. Said election was made pursuant to and in compliance with RPAPL Section 1304. Plaintiff, or its servicing agent, has complied with the 90-day notice provision and the reporting requirement to the New York State Superintendent of Banks, pursuant to RPAPL Section 1306. 9. By reason of the aforesaid, there is due and owing to plaintiff the sum of $58,677.38, with interest thereon at 4.37500% per annum from December 1, 2023. 10. Defendants, ''JOHN DOE No. 1'' through ''JOHN DOE No. 100'' inclusive, the name of the last 100 defendants being fictitious, the true names of said defendants being unknown to plaintiff, it being intended to designate fee owners, tenants or occupants of the liened premises and/or persons or parties having or claiming an interest in or a lien upon the liened premises, if the aforesaid individual defendants are living, and if any or all of said individual defendants be dead, their heirs at law, next of kin, distributees, executors, administrators, trustees, committees, devisees, legatees, and assignees, lienors, creditors and successors in interest of them and generally all persons having or claiming under, by, through, or against the said defendants named as a class, of any right, title, or interest in or lien upon the premises described in the complaint herein, are named as defendants herein as having or claiming an interest in or lien upon the 6 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Premises which interest or lien is subject to the lien of plaintiff's mortgage. 11. Each of the above named defendants has or claims to have or may claim to have some interest in or lien upon the Premises or some part thereof, which interest or lien, if any, has accrued and is subject and subordinate to the lien of the Note and Mortgage. 12. The mortgaged premises are subject to and should be sold subject to any state of facts an accurate survey or inspection of the premises would show, encroachments, covenants, restrictions, agreements and easements of record, if any, real estate taxes and zoning restrictions and otherwise of any governmental authority having jurisdiction thereover affecting said premises and any prior mortgages or liens of record and the rights of the United States of America to redeem the Premises. 13. Plaintiff shall not be deemed to have waived, altered, released or changed its election hereinbefore made by reason of receipt of any payments, after the date of the commencement of this action or of any or all of the defaults mentioned herein, and such election shall continue and remain effective until the principal sum secured, the costs and disbursements of this action, and any and all future defaults under the aforesaid Note(s) or Mortgage(s) occurring prior to a discontinuance of this action are fully paid. 14. The subject Mortgage provides in part as follows: Lender may require that I pay immediately the entire amount then remaining unpaid under the Note and under this security instrument. This requirement is called "IMMEDIATE PAYMENT IN FULL." If Lender requires immediate payment in full, Lender may bring a lawsuit to take away all of my remaining rights in the Property and have the Property sold. At 7 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 this sale Lender or another person may acquire the Property. This is known as "FORECLOSURE AND SALE." The further rights of the Lender including the right to collect all costs, disbursements and attorney’s fees from the borrowers are set forth in Paragraph 22 of the Mortgage. 15. Upon information and belief, no other action is pending at law, or otherwise, for the recovery of the sum, or any part thereof, secured by the Note and Mortgage. AS AND FOR A SECOND CAUSE OF ACTION 16. By reason of the aforesaid provisions set forth in the Mortgage, there is due and owing to plaintiff reasonable attorneys' fees, plus costs and disbursements. The plaintiff requests that the court award these fees, costs and disbursements in the judgment of foreclosure and sale. WHEREFORE, plaintiff demands judgment as follows: (a) Defendant(s) and all persons claiming under said defendant(s) or any of them subsequent to the filing of a Notice of Pendency of this action in the appropriate County Clerk's Office, and every person whose conveyance is subsequent or subsequently recorded, be barred and foreclosed of all right, title, claim or lien and equity of redemption in said mortgaged premises; that such mortgaged premises be decreed to be sold as one parcel, subject to and should be sold subject to any state of facts an accurate survey or inspection of the premises would show, encroachments, covenants, restrictions, agreements and easements of record, if any, real estate taxes and zoning restrictions and otherwise of any governmental authority having jurisdiction thereover affecting said premises and any prior mortgages or liens of record and the rights of the United States of America to redeem the Premises, and that the monies arising from said lien be paid into Court; 8 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 On the first cause of action: (b) Plaintiff be paid the principal amount due on its Mortgage with interest thereon at 4.37500% per annum from December 1, 2023, plus late charges, together with the amount of taxes, assessments, water charges, insurance premiums and other similar charges paid by plaintiff, if any, with interest on the subject amounts from the date of such payment by plaintiff, the expenses of this sale, together with any sum or sums to be paid to plaintiff to protect the security afforded by said Mortgage, including, but not limited to, watchmen or caretakers' fees, and fees incurred during the pendency of this action until the closing of title with the purchaser under the foreclosure sale; and that any sum so paid shall be added to the sums otherwise due to plaintiff pursuant to plaintiff's claims herein and to be deemed secured by the Note(s) and Mortgage(s) as therein provided; and they be declared a valid lien on the premises herein described, all with interest thereon from the date of each such amount, so far as the amount of such monies properly allocable thereto will pay the same; and that the defendant(s), WAYNE J. HARVEY and PATSY J. HARVEY may be adjudged to pay the whole residue, or so much thereof as the Court may determine to be just and equitable, of the debt remaining unsatisfied after a sale of the mortgaged premises and the application of the proceeds pursuant to the directions contained in such judgment, and that in the event that plaintiff possesses any other lien(s) against said mortgaged premises either by way of judgment, junior mortgage or otherwise, plaintiff requests that such other lien(s) shall not be merged in plaintiff's cause(s) of action set forth in this complaint but that plaintiff shall be permitted to enforce said other lien(s) and/or seek determination of priority thereof in any independent action(s) or proceeding(s), including, without limitation, any surplus money proceedings; 9 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 On the second cause of action: (c) Plaintiff be awarded the costs and disbursements of this action, plus reasonable attorneys' fees; (d) Plaintiff has such other and further relief as this Court may deem just and proper. Executed on this 26th day of June, 2024 Melville, New York Aldridge Pite, LLP. ______________________________________ By: Alyson Bisacco, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200 Melville, NY 11747 631-454-8059 Fax 631-454-8169 WE ARE A DEBT COLLECTOR AND ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 10 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 ALL THATTRACTORPARCELOF LAND, situate, lying and being in the City of Rome, County of Oneida and State of NewYork, bounded and described as follows: being Lot No. 84 of Colonial Park as shown on a map of Colonial Park Subdivision made by Albert E. Wheeler, Civil Engineer, dated April 1, 1942 and filed in the Oneida County Clerk's Office June 5, 1942, in Map Roll 378 and being of the dimensions shown on said map. 11 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 HELPFORHOMEOWNERS IN FORECLOSURE New York State Law requires that we send you this notice about the foreclosure process. Please read it earefully. SUMMONS ANDCOMPLAINT You are in danger of losing your home, If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. OFINFORMATIONANDASSISTANCE SOURCES The State encourages you become informed about your options in foreelesure. to In addition to seeking assistance from an attorney or legal aid office, there are government agencies and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by the New York State Department of Financial Services toll free helpline at 1-800-269-0990 or visit the Department's website at www.dfs.ny.gov. RIGHTSANDOBLIGATIONS YOUARENOTREQUIREDTOLEAVEYOURHOMEAT THIS TIME. YOUHAVE THERIGHT TO STAYIN YOURHOMEDURINGTHEFORECLOSUREPROCESS. YOUARENOTREQUIREDTOLEAVEYOURHOMEUNLESSANDUNTIL YOUR PROPERTY IS SOLDAT AUCTIONPURSUANTTOA JUDGMENT OF FORECLOSURE ANDSALE. REGARDLESSOFWHETHERYOUCHOOSETO REMAININ YOURHOME,YOUAREREQUIREDTOTAKECAREOF YOUR PROPERTY ANDPAYPROPERTY TAXESIN ACCORDANCE WITHSTATEAND LOCALLAW. FORECLOSURE RESCUESCAMS Be careful of people who approach you with offers to "save" your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the service they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed an such promised services. 12 of 13 FILED: ONEIDA COUNTY CLERK 07/02/2024 12:32 PM INDEX NO. EFCA2024-001807 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 07/02/2024 Index No. Year SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA _____________________________________________________________________ FIFTH THIRD BANK N.A., Plaintiff, - against - WAYNE J. HARVEY III, ET AL., Defendant(s). _____________________________________________________________________ SUMMONS AND COMPLAINT _____________________________________________________________________ Aldridge Pite, LLP. By: ______________________________________ Alyson Bisacco, Esq. Attorneys for Plaintiff 40 Marcus Drive, Suite 200 Melville, NY 11747 631-454-8059 Fax 631-454-8169 Signature Pursuant to Rule 130-1.1-a _____________________________________________________________________ To: Attorney(s) for _____________________________________________________________________________ Service of a copy of the within is hereby admitted. Dated: ….................................. Attorney(s) for ______________________________________________________________________________ 13 of 13