129 5th St Rochester, NY
Index No. E2019003934
STATE OF NEW YORK
SUPREME COURT – COUNTY OF MONROE
U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST,
THE HEIRS AT LARGE OF ELIZABETH HART A/K/A ELIZABETH L. HART A/K/A ELIZABETH LOUISE HART, DECEASED, deceased, and all persons who are husbands, widows, grantees, mortgagees, lienors, heirs, devisees, distributees, successors in interest of such of them as may be dead, and their husbands and wives, heirs, devisees, distributees and successors of interest of all of whom and whose names and places are unknown to Plaintiff; THE HEIRS AT LARGE OF BETTY JO BRIDGES, DECEASED, deceased, and all persons who are husbands, widows, grantees, mortgagees, lienors, heirs, devisees, distributees, successors in interest of such of them as may be dead, and their husbands and wives, heirs, devisees, distributees and successors of interest of all of whom and whose names and places are unknown to Plaintiff; FRANK B. IACOVANGELO, ESQ., AS PUBLIC ADMINISTRATOR OF THE ESTATE OF ELIZABETH HART A/K/A ELIZABETH L. HART A/K/A ELIZABETH LOUISE HART, DECEASED; MICHAEL BRIDGES; UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; NEW YORK STATE AFFORDABLE HOUSING CORPORATION; CAPITAL ONE BANK USA, N.A.; "JOHN DOE" AND "JANE DOE" said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein,
Mortgaged Premises: 129 FIFTH STREET, ROCHESTER NY 14605
TO THE ABOVE NAMED DEFENDANT(S):
YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff's attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. Your failure to appear or answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you, unless the Defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable.
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 to 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 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.
These pleadings are being amended to include the Heirs at Large of Elizabeth Hart a/k/a Elizabeth L. Hart a/k/a Elizabeth Louise Hart, deceased, the Heirs at Large of Betty Jo Bridges, deceased and Michael Bridges, as heir to the estate of Betty Jo Bridges, deceased who is heir to the estate of Elizabeth Hart a/k/a Elizabeth L. Hart a/k/a Elizabeth Louise Hart, deceased MONROE County is designated as the place of trial. The basis of venue is the location of the mortgaged premises.
Dated: June 24, 2019
Mark K. Broyles, Esq.
FEIN SUCH & CRANE, LLP
Attorneys for Plaintiff
Office and P.O. Address
28 East Main Street, Suite 1800
Rochester, New York 14614
Telephone No. (585) 232-7400
NATURE AND OBJECT OF ACTION
The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of MONROE, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, the plaintiff makes no personal claim against you in this action. To the above named defendants: The foregoing summons is served upon you by publication pursuant to an order of HON. J. SCOTT ODORISI, JSC, Justice of the SUPREME Court of the State of New York, dated August 14, 2019 and filed along with the supporting papers in the MONROE County Clerk's Office. This is an action to foreclose a Mortgage.
ALL that certain plot piece or parcel of land, situate, lying and being in the Borough and County of Queens, City and State of New York, bounded and described as follows:
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Rochester, County of Monroe and State of New York, known and distinguished as Lot Number thirty-two (32) in Section Six (6) of the Wakelee Farm, according to a map thereof on file in Monroe County Clerk's Office; said Lot Number thirty-two (32) is forty (40) feet wide in front of the west side of Fifth Street and extends back of equal width about one hundred twenty (120) feet, all as laid down on said map.
ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Rochester, County of Monroe and State of New York, known and described as the north 20 feet of Lot 34, Section 6, as said lot is shown upon a map of the Wakelee Farm, filed in Monroe County Clerk's Office in Liber 3 of Maps, Page 22.
Said north 20 feet of Lot 34 is situate on the west side of Fifth Street, formerly Avenue, is 20 feet wide in rear and 120 feet deep.
ALSO, ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Rochester, County of Monroe, and State of New York, being known and described as the southerly 20 feet of Lot 34, Section 6 as said lot is shown on a map of the Wakelee Farm filed in the Monroe County Clerk's Office in Liber 3 of Maps at Page 22.
Said southerly part of lot 34 fronts 20 feet on the westerly side of Fifth Street and is 120 feet in depth.
Mortgaged Premises: 129 FIFTH STREET, ROCHESTER NY 14605
Tax Map/Parcel ID No.: Section 106.52, Block 1 in Tax Lot 55.001 in the CITY of ROCHESTER NY 14605