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`RETURN DATE: APRIL 4, 2017
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`: SUPERIOR COURT
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`M&T BANK
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`' V. .
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`PHILIP J WAX III, ET AL.
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`V
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`': JUDICIAL DISTRICT OF »
`-_: STAMFORD/NORWALK
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`:‘AT STAMFORD
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`1: MARCH 1, 2017'
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`V
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`‘ COMPLAINT
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`'
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`l. The Plaintiff, M&T Bank has an office and place ofbusiness with an address ofOne Fountain .
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`Plaza, 6th Floor, Buffalo,NY 14203.
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`‘
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`I
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`2. At all times complained of herein, the Defendant(s), Philip HI and Kristin P Gilchrist-
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`' Wax a/k/a Kristin-Gilchrist Wax ’a/k/a Kristin Gilchrist a/k/a Kristen Gilchrist-Wax, owned real property '
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`‘
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`situated in the Tovlln ofNorwalk, County ofFairfield and State ofConnecticut known as 10 Deepwobd
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`. Lane, Norwalk, Connecticut, (hereinafter the “Property”) being more particularly de5cribed in Schedule A
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`attached hereto and made a part hereof.
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`3. On or about August 31, 2011, the Defendant(s), Philip J Wax III and Kristin P Gilchrist-Wax ‘
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`_a/k/a Kristin-Gilchrist Wax a/k/a Kristin Gilchrist a/k/a Kristen Gilchrist-Wax, executed and delivered to
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`Hudson City Savings Bank, a‘Note (the “Note”) for a loan inthe original principal amount of
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`$340,000.00.
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`* 4. On said date to secure said Note the Defendant(s), Philip J Wax
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`and Kristin P Gilchrist¢Wax
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`a/k/a Kristin-Gilchrist Wax‘a/k/a Kristin Gilchrist a/k/a Kristen Gilchrist-Wax, did execute and deliver to
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`File: 007436F01 v
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`I Hudson City Savings Bank, a Mortgage on the Property. Said Mortgage was dated‘August 31, 2011 and
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`recorded September 6, 2011 in Volume 7446 at Page 130 ofthe Norwalk Land Records. Hudson City
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`Savings Bank merged with and into Manufacturers And Traders Trust Company (M&T Bank), effective ,'
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`November 1, 2015. The Plaintiff, M&T Bank, is the holder of said Note.
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`5. Said Note is in default and the Plaintiff, M&T Bank as the holder of said Note has elected to
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`accelerate the balance'due on said Note, to declare said Nete to be due in full and to foreclose the
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`, Mortgage securing said Note.
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`6. ThePlaintiffhas provided written notice in accordance with the Note and Mortgage to the
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`‘ Defendant(s)‘.ofthe default under the Note and Mortgage, but said Defendant(s) have failed and neglected
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`V to cure the default. The Plaintiff has elected to accelerate the balance due on said Note, to declare said
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`Note to be due in full and to foreclose the'Mortgage securing said Note.
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`g 7. The following liens or encumbrances claim to have an interest in the Property which liens or ._
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`;
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`encumbrances are prior in. right to the Mortgage herein: '
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`I a. The Town/City ofNorwalk may claim an interest in the Property by'virtue of inchoate
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`liens for real estate taxes.
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`"
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`8. The following liens or encumbrances‘claim to have an interest in the Property which liens or
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`encumbrances are subsequent in right to the Mortgage‘he'rein:
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`File: 007436F01
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`a. The Defendants, Jerry Boggs a/k/a Jerry Lee Boggs and StaCey Boggs a/k/a Stacey R
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`Boggs’a/k/a Stacey J Boggs, claims an interest in the Property by virtue of a Judgment Lien in the -
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`1
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`amount of $14,149.78 plus court awarded fees and costs dated October 13, 2015 and recorded 4
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`October 13, 2015 in Volume 8245 at Page 241 ofthe NorWalk Land Records.» I
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`9,‘The Defendant(s) Philip J Wax‘IIII and Kristin P Gilchrist-Wax a/k/a Kristin-Gilchrist wax K
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`I
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`’a/k/a Kristin Gilchrist a/k/a Kristen Gilchrist-Wax, is/are the owners ofthe equity of redemption of the v
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`Property and, on information and belief, are in possession ofthe Property.
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`10. The Plaintiff, M&T Bank, caused a Lis Pendens to be recorded on.the Land‘Records ofthe
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`Town of Norwalk.
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`* File: 007436F01
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`WPHEREFORE. the plaintiff claims:
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`.5er—
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`OLA
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`8.
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`Foreclosure of the Mortgage;
`Foreclosure of Mortgage pursuant to Conn. Gen. Stat. Sec 49-17;
`Possession of the Property;
`A reasonable attorney's fee (unless same has been precluded by virtue ofa Bankruptcy
`filing);
`Interest (unless same has been precluded by virtue ofa Bankruptcy filing);
`Costs of suit (unless same has been precluded by virtue ofa Bankruptcy filing);
`Deficiency Judgment against the makers of, or obligors on, the Note described herein,
`and/or their Estate. if deceased (unless same has been precluded by virtue ofa
`Bankruptcy filing): and
`Such other and further relief as the Court may deem just and equitable
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`Notice is hereby given to the Defendant(s) that the Plaintiff intends to seek satisfaction of any
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`judgment rendered in its favor in this action out of any debt accruing to said Defendant(s) by reason of
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`their personal services. (unless same has been precluded by virtue ofa Bankruptcy filing).
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`By
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`McCalla Raymer Leibert Pierce. LLC
`50 Weston Street
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`Hartford, CT 06120
`860-808-0606
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`lts Attorneys
`Juris No. 101589
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`File: ()07436FO]
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`RETURN DATE:
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`4, 2017
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`‘M&T BANK
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`PHILIPJWAXIILETAL.‘
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`: SUPERIOR COURT
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`*
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`>
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`:JUDICIAL DISTRICT OF '
`:‘STAMFORD/NORWALK .
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`_:ATSTAMFORD .
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`:MARCH1,2017 '
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`" INFORMATION RELATING TO “VALIDATION NOTICE” ‘
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`This Writ, Summons and Complaint are legal documents used to commence ailaWSuit with regards to the
`debt referenced'within them. You must follOw the instructions provided therein should youlwish to *
`prese'rVe your interests in the suit, even if you dispute thevalidity or the amount of the debt. As lawyers,
`this office may file papers in the suit according to the" Statutes, Rules of court and Standing Orders in
`Connecticut. The “Validation Notice” which has been or will be sent to the borrower(s) (“consumers”) in
`no Way alters their rights or obligations with respect
`to this lawsuit.
`If you are the borrOwer.
`(“consumer”), and if you notify us that the debt or any portion thereof is disputed, or if you request prOof -
`~ of the debt or the name and address of the original creditor within the thirty (30)‘day time period of the
`validation notice, we will stop our collection efforts including this foreclosure suit until we mail the '
`requested information to you.
`5
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`File: 007436Fl)1
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`RETURN DATE: APRIL 4. 2017
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`: SUPERIOR COURT
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`M&T BANK
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`V.
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`PHILIP] WAX III. ET AL.
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`: JUDICIAL DISTRICT OF
`: STAMFORD/NORWALK
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`: AT STAMFORD
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`: MARCH 1. 2017
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`STATEMENT OF AMOUNT IN DEMAND
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`The amount.
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`legal
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`interest. or property in demand is not
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`less than $15.000.00. exclusive of
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`interest and costs.
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` or M, McRobc‘f’G
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`McCalla Raymer Leibcrt Pierce. LLC
`50 Weston Street
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`Hartford. CT 06120
`860—808-0606
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`Its Attorneys
`Juris No. 101589
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`File: ()()7436I’(ll
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`
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`SCHEDULE A
`DESCRIPTION
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`ALL THAT CERTAIN tractor parcel of land, together with the buildings and improvements
`thereon, situated in 'the City of ‘Norwalk, County of Fairfield and State of Connecticut. known and
`designated as “Lot 34, 6,300 S.F., 0.1446 Ac." on a certain map entitled, “Map' of Property Depicting 2
`' Building. Lots Prepared forKris‘tin-Gilchrist Wax, #10 Deepwood Lane, Norwalk, Connecticut, Scale: I" =
`20" Date: Oct 22, 2007, By ‘Arcamore Land Surveyors, LLC’”, which map is on file in‘the Office ofthe
`Town Clerk ofthe City ofNorwalk as Map Numbered 13110.
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`Emma! is known as 10 geomood Lam:l Norwalk, Connecticut
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`File: 00743 6F01
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