RETURN DATE: MAY 17, 2016
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`: SUPERIOR COURT
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`PINE HILL I-IOMEOWNERS’ ASSOCIATION, INC.
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`: JUDICIAL DISTRICT OF HARTFORD
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`VS.
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`THE WIDOW, HEIRS, BENEFICIARIES, DEVISEES
`REPRESENTATIVES AND/OR CREDITORS OF THE
`ESTATE OF WILLARD L. GORTON, ET AL
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`: AT HARTFORD
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`: MARCH 18, 2016
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`COMPLAINT
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`1. On or about July 28, 1971, Willard L. Gorton (now deceased), acquired title to the premises
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`known as 6 Woods Lane, Simsbury, Connecticut, as evidenced by a Warranty Deed recorded July 28,
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`1971 in Volume 221 at Page 906 of the Simsbury Land Records (the "Premises"). The Premises are
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`more particularly described in Exhibit A, attached hereto and made a part hereof.
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`2. Upon receipt of said Warranty Deed, Willard L. Gorton (now deceased), accepted
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`membership to Pine Hill Homeowners’ Association, Inc., a Connecticut non-stock, non-profit
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`corporation, and acquired title to the Premises subject to the provisions of its Certificate of
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`Incorporation, Declaration and By-Laws as stated in Pine Hill Homeowners’ Association Declaration
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`recorded on the Simsbury Land Records ("Declaration").
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`3. The Declaration provides for the assessment of common expenses by the Plaintiff against all
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`units in the condominium and further provides that fees, charges, late charges, fines and interest are
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`enforceable assessments.
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`4. The Declaration provides that a Judgment or decree in any action brought to collect
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`assessments made by the Plaintiff shall include costs and reasonable attorney fees.
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`5. Common charges in the amount of $90.00 per month have been assessed against the Premises
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`by the Plaintiff for the nine months as allowed by C.G.S. 47-258. There has been a default in payment
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`of said common charges and special assessments.
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`nosemaeneanossmaeaanc.-ATTORNEYSATLAW920FARMINGTONAVENUE-SUITE#204oWESTHARTFORD,C’T06107-(860)236-2365.JUR|5N0_1o3g45
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`6. The total of all unpaid monthly assessments accrue on a monthly basis during the pendency
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`of this action.
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`7. The Plaintiff asserts a statutory lien against the Premises for delinquent assessments pursuant
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`to C.G.S. Section 47-258.
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`3. Upon information and belief, the Defendants, The Widow, Heirs, Beneficiaries, Devisees,
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`Representatives and/or Creditors of the Estate of Willard L. Gorton, are the owners of the equity of
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`redemption in said premises. The Defendants, The Widow, Heirs, Beneficiaries, Devisees,
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`Representatives and/or Creditors of the Estate of Willard L. Gorton, are in possession of the same.
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`8. The Defendant, Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not
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`in its individual capacity but as Trustee of ARLP Trust 5, lnc., may claim an interest in said premises by
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`virtue of a Mortgage. Said Mortgage was in the original amount of $120,000.00 and is dated December
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`20, 2001 and recorded January 10, 2002 in Volume 564 at Page 1093 of the Simsbury Land Records.
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`Said Mortgage was originally in favor of Fleet National Bank, n/k/a Bank of America, N.A. and was
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`assigned to the Defendant by Assignment dated September 30, 2014 and recorded October 6, 2014 in
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`Volume 878 at Page 1110 of the Simsbury Land Records. Said interest is subsequent in right to the '
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`interest of the Plaintiff herein being foreclosed to the extent of the common expense assessments set
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`forth in paragraph five.
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`9. The Defendant, U.S. Equities Corp., may claim an interest in said premises by virtue of a
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`Judgment Lien. Said Judgment Lien was in the original amount of $1 1,449.67 and is dated October 19,
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`2010 and recorded October 25, 2010 in Volume 804 at Page 99 of the Simsbury Land Records. Said
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`interest is subsequent in right to the interest of the Plaintiff herein being foreclosed to the extent of the
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`common expense assessments set forth in paragraph five.
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`10. The Defendant, State of Connecticut, Department of Revenue Services, may claim an interest
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`in said premises by virtue of an Inchoate Lien for succession taxes due the State of Connecticut. Said
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`interest is subsequent in right to the interest of the Plaintiff herein being foreclosed.
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`noszmaeaeaaosemsancPC-ATTORNEYSATLAW920FARMINGTONAVENUE-sum;#204-WESTHARTF0RD,CT06107-(860)236-2365.JUFH5No_1o3o45
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`11. The Defendant, Pine Hill Homeowners’ Association, Inc., may claim an interest in said
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`premises over and above the nine month priority as described in paragraph seven. Said interest is
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`subsequent in right to the interest of the Plaintiff herein being foreclosed to the extent of the common
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`expense assessments set forth in paragraph five.
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`12. A Notice of Lis Pendens dated March 18, 2016 was recorded on the Simsbury Land Records
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`giving notice of the pendency of this foreclosure action and the Plaintiff has caused to be served a true
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`and attested copy of said Notice of Lis Pendens simultaneously with this Complaint upon the record
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`owner of the Premises. A copy of said Notice of Lis Pendens is attached hereto and made a part hereof
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`as Exhibit B.
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`13. This is an action for foreclosure of a statutory lien and possession and is within the
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`jurisdiction of the Superior Court for the Judicial District of Hartford at Hartford.
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`.
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`WHEREFORE, THE PLAINTIFF CLAIMS:
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`:‘4.°‘."‘:"E*’!"i“
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`A strict foreclosure of the Premises;
`Immediate possession Of the Premises;
`Interest and late charges;
`Reasonable attorney fees;
`Costs of this action;
`Money damages; and
`Such other and further relief as the Court may deem just and equitable.
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`NOTICE TO CONSUMERS: PURSUANT TO SECTION 809 OF THE FEDERAL FAIR DEBT
`COLLECTION PRACTICES ACT NOTICE IS HEREBY GIVEN TO YOU THAT:
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`1. THE AMOUNT OF THE DEBT HEREBY SOUGHT TO BE COLLECTED IS $1,985.00 PLUS
`COSTS OF COLLECTION INCLUDING ATTORNEY FEES.
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`2. THE NAME OF THE CREDITOR TO WHOM THIS DEBT IS OWED IS:
`HOMEOWNERS’ ASSOCIATION, INC.
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`PINE HILL
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`3. UNLESS YOU, WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS NOTICE, DISPUTE
`THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT WILL BE ASSUMED
`To BE VALID BY THE ATTORNEYS FOR THE PLAINTIFF.
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`ROSENBERGSIFIOSENBEHGPC-ATTOFINEYSATLAW920FARMINGTONAVENUE-SUITE#204cWESTHARTFORQCTO6107-(560)236-2365-JURISN0.103045
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`4.
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`IF YOU NOTIFY THE ATTORNEYS FOR THE PLAINTIFF IN WRITING WITHIN THE
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`THIRTY (30) DAY PERIOD THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED,
`THE ATTORNEYS FOR THE PLAINTIFF WILL OBTAIN VERIFICATION OF THE DEBT AND A
`COPY OF SUCH VERIFICATION WILL BE MAILED TO YOU BY THE ATTORNEYS FOR THE
`PLAINTIFF.
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`5. THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IS: PINE HILL
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`HOMEOWNERS’ ASSOCIATION, INC., C/O KWK MANAGEMENT, LLC, 698 FARMINGTON
`AVENUE, WEST HARTFORD, CONNECTICUT 06119.
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`6. THE ATTORNEYS FOR THE PLAINTIFF ARE ATTEMPTING TO COLLECT THE ABOVE
`DEBT AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
`PURPOSE.
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`Hereof fail not, but of this Writ, with your doings thereon, make due return according to law.
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`Patricia A. Canny of Hartford, Connecticut, is recognized in the sufficient sum of $250.00 to
`prosecute, etc.
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`Dated at West Hartford, Connecticut, this 18th day of March, 2016.
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`HOWARD S. ROS
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`BERG
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`g:\user\pac\condo\com—gorton,wi]lard
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`Commissioner of the Superior Court
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`ROSENBERG&ROSENBERG,
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`P.C.0ATTORNEYSATLAW920FARMINGTONAVENUE0SUITE#2040WESTHARTFORD.CT06107I(860)236-23650JURISNO.103045
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`EXHIBIT A
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`_- a. certain picacc or parcel of land together '
`__
`-
`%
`with tho buildings and improvements thereon, .'si‘t:ua.t:ad on the easterly’
`side of Woods Lane in the Town of Simsbufy, Cou_m:y of Hartford and
`State of Connecticut, known 2.9 R6.
`'6 Wood: Lane, and being Lot: H6. 23
`on'a map entitled, "Plan of Re-Subdivision ‘Pine Hill‘ Section I owned
`by'Pine. Hill Associates Ruute 10 - hnpmeadow St. aimsbury, Conn. '_
`Scale 1" - 40‘ August: 197i: Revised to January 1975 certified substan-
`tially correct-\-LP. Grunefiald, Surveyor Hodge Surveying Associates
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`P.C.", which map in on file in the Simsbury Band Records and to which
`reference is haréby made. Said premises are more particularly bounded
`and daacribed as follows:
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`HORTH:
`mar‘:
`'
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`SOUTH:
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`By Lo.t: Ho. 2S'on said map, 92.47 feet;
`13:: Lot No. 7.0 and Lot: Ho. 21 on said map, partly 1.3;’ such,
`in'a.11. 67 feet;
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`By 1.5: No. 27 on said mgp. 92.,4_7 feet; and
`By ‘Ronda I:.ana, 67 feet;
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`EXHIBIT B
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`I
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`llllllllllIlllllllllllllllllllllllllllllllllllllllllllllllllilllllllllllllll
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`Doc ID:
`001845780002 Type: LAN
`T898 961049-1050
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`PINE HILL HOMEOWNERS’
`ASSOCIATION, INC.
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`, SUPERIOR COURT
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`vs.
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`: JUDICIAL DISTRICT or HARTFORD
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`THE VVIDOW, HEIRS, BENEFICIARIES,
`DEVISEES, REPRESENTATIVES AND/OR
`CREDITORS OF THE ESTATE OF WILLARD
`L. GORTON
`THOMAS GORTON
`CHRISTIANA TRUST, A DIVISION OF
`WILMINGTON SAVINGS FUND SOCIETY,
`FSB, NOT IN ITS INDIVIDUAL CAPACITY BUT
`AS TRUSTEE OF ARLP TRUST 5
`U.S. EQUITIES. CORP.
`STATE OF CONNECTICUT — DEPARTMENT
`OF REVENUE SERVICES
`PINE HILL HOMEOWNERS’
`ASSOCIATION, INC.
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`: AT HARTFORD
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`: March 18, 2016
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`NOTICE OF LIS PENDENS
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`Notice is hereby given of the pendency of a civil action between the above named parties,
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`brought by Writ dated March 18, 2016 and made returnable to the Superior Court for the Judicial
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`District of Hartford at Hartford on the 17"‘ day of May, 2016, which action is brought to foreclose
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`delinquent common assessments from THE ESTATE OF WILLARD L. GORTON, et alto PINE
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`HILL HOMEOWNERS’ ASSOCIATION, INC. on the following described premises:
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`See Schedule A attached hereto and made a part hereof.
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`PINE HILL HOMEOWNERS’
`ASSOCIATION INC.
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`Plaintiff
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`HOWARD S. ROSENBERG,
`Its Attorney
`Rosenberg & Rosenberg, P.C.
`920 Faunington Avenue, #204
`West Hartford, CT 06107
`Juris # 103045
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`(860) 236-2365
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`g:\user\hsr\condo\Ip-pinehilI
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`_- a. certain pitacc or parcel of land together ‘
`_
`-
`'7
`with the buildings enci
`...mprovemen1:s thereon, .'si.t:ua.I:ed on the easterly’
`side of woods Lena in the Tom of Simsbufiy, County of Hartforv.-1 and
`State of Connecticut, known an R6.
`'6 ‘Honda Lane, and being Lox: N6. 28
`on ‘a map entitled, "Plan of Re-Subdivision "Pinu Hill‘ Section I_ouned
`b}"Pine. H111 Associates Route 10 - hopmeedow St. aimsbury, Conn.
`Scale 3." - 40' August: 1974 Revised to January ].9}'5 certified aubaEan-
`tially correct-'1-LP. Grunewhld, Surveyor Hodge Surveying Associates
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`P.C.", which map is on file in the Simsbury Bend Records and to which
`reference is hereby made.
`5a_:L'gi premises are mare particularly bounded
`and deacribed as follows:
`.
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`NORTH:
`=.:As'ri
`'
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`q...
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`scum;
`WEST:
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`By Lox: No. 25'on said map, 92$? feet;
`By LG: Ho. 20 and Lot Ho. 21. on said map, partly Fey each.
`in'a.11 6? feet;
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`By Lb: Ho. 27 on said .-m!_1p, 92.47 feet; and
`By Woods Lane, 6'! feet;
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`Received for Recerd at Simsbury CT
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`On 03/21/2016A! 10:43:13 am