`
`U.S. BANK NATIONAL ASSOCIATION,
`AS SUCCESSORIN INTEREST TO
`BANK OF AMERICA NATIONAL
`ASSOCIATION, SUCCESSOR BY
`MERGER TO LASALLE BANK
`NATIONAL ASSOCIATION,AS
`TRUSTEE FOR GSAMP TRUST 2007-
`HE1, MORTGAGEPASS-THROUGH
`CERTIFICATES, SERIES 2007-HE1
`
`VS.
`
`KEVIN A. MIKULSKI, ET AL
`
`:
`:
`
`:
`
`SUPERIOR COURT
`JUDICIAL DISTRICT
`OF NEW HAVEN
`AT NEW HAVEN
`
`November 15_, 2023
`
`COMPLAINT
`
`1. Upon information and belief Defendants, Kevin A. Mikulski; Billie Lynn Mikulski a/k/a
`
`Billie Lynn Barbieri (the “Defendant(s)”), is/are the ownerof property located at 31
`
`Partridge Run, Wallingford, CT 06492, more particularly described on Exhibit “A”
`
`attached hereto (the “Property”) by virtue of a Deed dated April 2, 2004 and recorded
`
`April 12, 2004 in Volume 1150 Page 916 of the Wallingford Land Records.
`
`2. On November 17, 2006, Kevin A. Mikulski; Billie Lynn Mikulski a/k/a Billie Lynn
`
`Barbieri promised to pay to the order of Senderra Funding LLC,the principal sum of
`
`$247,500.00 payable with interest thereon as provided in a certain promissory note (the
`
`“Note’’).
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`3. To secure the Note, Kevin A. Mikulski and Billie Lynn Barbieri a/k/a Billie Lynn
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`Mikulski, mortgaged the Property, of which he/she/they was/were then the recorded
`
`ownerto Mortgage Electronic Registration Systems, Inc. as mortgagee, as nominee for
`
`B&S File No.: 23-29723 FCO1
`
`
`
`Senderra Funding LLC, by mortgage deed of that date, which deed is conditioned for the
`
`paymentof the Note accordingto its tenor, and the performanceofcertain covenants and
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`conditions contained in the mortgage deed; which deed was recorded November20, 2006
`
`in Volume 1276 at Page 321 of the Wallingford Land records (the “Mortgage”).
`
`. U.S. Bank National Association, as successor in interest to Bank of America National
`
`Association, successor by merger to LaSalle Bank National Association, as Trustee for
`
`GSAMPTrust 2007-HE1, Mortgage Pass-ThroughCertificates, Series 2007-HE1
`
`(hereinafter “the Plaintiff”) is the current holder of the Note and Mortgage.
`
`. Said Note and Mortgage were affected by a Modification of the Promissory
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`Note/Mortgage dated December 14, 2010 with the new the loan amount of $263,086.20
`
`and recorded January 3, 2011 in Volume 1404 at Page 322 of the Wallingford land
`
`records.
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`. The Mortgage wasassignedto the Plaintiff by assignment from Mortgage Electronic
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`Registration Systems, Inc. as mortgagee, as nominee for Senderra Funding, LLC dated
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`January 18, 2019, recorded with the Wallingford Land Records in Book 1598 at Page
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`343.
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`. The installment of principal interest due on April 1, 2022, and each and every month
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`thereafter, has not been paid and Plaintiff, as holder of said Mortgage and Note, has
`
`exercised its option to declare the entire balance due on the note due and payable.
`
`. The Plaintiff has caused a Notice of Availability of Emergency Mortgage Assistance
`(“EMAP”)be sent as required by C.G.S. §§ 8-265cc et seq.
`
`. Defendants are presently the owner of the Property and, upon information andbelief are
`
`in possession thereof.
`
`
`
`10.
`
`The Defendant, ConsumerPortfolio Services, Inc. a/k/a CPS,Inc., claims, or may claim,
`
`an interest in the property by virtue of a judgmentlien in the amount of $17,646.36 plus
`
`costs, dated February 4, 2020, and recorded in Volume 1619 at Page 1139 of the
`
`Wallingford Land Records.
`
`11.
`
`The Defendant, Connecticut Orthopaedic Specialist, P.C. a/k/a Connecticut Orthopaedic
`
`Specialist, claims, or may claim,an interest in the property by virtue of a judgmentlien in
`
`the amountof $1,473.94 plus costs, dated November 25, 2020, and recorded in Volume
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`1642 at Page 1160 of the Wallingford Land Records.
`
`12.
`
`The Defendant, Luther Sales, claims, or may claim,an interest in the property by virtue
`
`of a judgmentlien in the amountof $1,052.33 plus costs, dated December 28, 2021, and
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`recorded in Volume 1679 at Page 462 of the Wallingford Land Records.
`
`13.
`
`The following parties claim an interest in the Property priorin rightto the interest of
`
`Plaintiff.
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`a. Town of Wallingford for taxes for any previous year now dueandall
`
`subsequent years not yet due;
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`b. Town of Wallingford for sewer use charges for the calendar years not yet due;
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`and any previous year now due;and byvirtue of a continuing sewerlien dated
`
`and recorded March 20, 2014 in Volume 59 at Page 931 with the Wallingford
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`Land Records; and by virtue of a continuing sewerlien dated and recorded
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`March 9, 2015 in Volume60 at Page 642 with the Wallingford Land Records.
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`c. Wallingford Tax District for tax district fees, if applicable.
`
`
`
`14. Notice is hereby given to the Defendant(s) that the Plaintiff intends to seek satisfaction of
`
`any deficiency judgmentrenderedin its favorin this action from any debt accruing to the
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`Defendant(s) by reason of their respective personal services.
`
`THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT
`TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR
`THAT PURPOSE. IF YOU: ARE A DEBTOR IN AN ACTIVE BANKRUPTCY CASE;
`ARE UNDER THE PROTECTION OF A BANKRUPTCYSTAY; OR, HAVE RECEIVED
`A DISCHARGE IN BANKRUPTCY AND YOU HAVE NOT REAFFIRMED THE DEBT,
`THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE
`CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT FROM YOU PERSONALLY.
`
`
`
`WHEREFORE,Plaintiff prays for the followingrelief:
`
`1.
`
`A foreclosure of the mortgage;
`
`2.
`
`Immediate possession of the mortgaged premises;
`
`A deficiency judgment, if applicable by law, against the Defendant(s), Billie Lynn
`
`Barbieri a/k/a Billie Lynn Mikulski and Kevin A. Mikulski;
`
`. The appointmentof a receiver to collect the rents and profits accruing from the premises;
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`Monetary damages;
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`Costs of this action;
`
`Interest on mortgage debt from date of default;
`
`. Attorney’s fees; and
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`Such other and further relief as the court may deem just and equitable.
`
`Plaintiff,
`U.S. Bank National Association, as successor in
`interest to Bank of America National Association,
`successor by merger to LaSalle Bank National
`Association, as Trustee for GSAMP Trust 2007-
`HE1, Mortgage Pass-Through Certificates, Series
`2007-HE1
`Byits Attorney,
`
`429148
`
`George P. Generas,III, Esq.
`BROCK & SCOTT, PLLC
`270 Farmington Avenue
`Suite 151
`Farmington, CT 06032
`Telephone: (401) 217-8701
`Email: CT_FC_Team@BrockandScott.com
`Juris No.: 439942
`
`B&SFile No.: 23-29723 FCO1
`
`
`
`EXHIBIT A
`
`satusted in the
`All the: certatn plece or parcel oflaad, with all the improvements thers
`Town ofWallingford, County ofNew Haven and State ofConneatiout,being Lot Ilona
`map entkled “Sections UI and Tl! Subdivision Pisa, ‘Partridge HIN’ Norn Lane » Partridge
`Run Wallingford, Conn. Owner/Developer: J. Lorensen &@ J. Orsini Seale 1° © 40° Date:
`June 27, 1963 prepared by Savarese and Associates, PC. Civil Baginesrs - Land
`Surveyors Hamden, Cona., which map is on fite in the Wallingford Town Clerk's Office,
`said premises being more particularly bounded and described as follows:
`
`NORTHEASTERLY:By land now o7 formeriy ofPeter Beielack, Jr.. 100.00 fect,
`as shown on sald map:
`
`SOUTHEASTERLY: By Lot No. 12, 180.01 fest, as chown on ould map;
`
`SOUTHWESTERLYBy Partridge Run, 100.00 feet, ss shown on sald map; and
`
`NORTHWESTERLY: By Lot No. 10, 180.01 feet as shown on ssid map.
`
`TOGETHER WITH an easement for a roadway as set forth in on instrument dated
`Nee 1971 and recorded in Volume 373 stPage 344ofthe Wallingford Land
`
`FURTHER TOGETHER WITH an easement for drainage 15 feet ia width as set forth in
`an jastroment
`January 22, 1971 and recorded in Volume 373 at Page 344 of the
`Wallingford Land
`
`FURTHER TOGETHER WITH and sasemen: for sanitary sewer purposes as more
`particularty described in an instrument dated Augus: 15, 1960 and recorded in Volume
`$01 Page $75 of the Walingford Land Records.
`
`FURTHER TOGETHER WITH the right to pess and repaes over North Lane end
`Partridge Run 68 shown on sald map.
`
`Sold proporty also known as 31 Partridge Run, Wallingford, CT 06402
`
`B&S File No.: 23-29723 FCO1
`
`
`
`RETURN DATE: DECEMBER12, 2023
`
`U.S. BANK NATIONAL ASSOCIATION,
`AS SUCCESSORIN INTEREST TO
`BANK OF AMERICA NATIONAL
`ASSOCIATION, SUCCESSOR BY
`MERGER TO LASALLE BANK
`NATIONALASSOCIATION,AS
`TRUSTEE FOR GSAMP TRUST2007-
`HE1, MORTGAGE PASS-THROUGH
`CERTIFICATES, SERIES 2007-HE1
`
`VS.
`
`KEVIN A. MIKULSKI, ET AL
`
`:
`:
`
`:
`
`SUPERIOR COURT
`JUDICIAL DISTRICT
`OF NEW HAVEN
`AT NEW HAVEN
`
`November__ 15, 2023
`
`STATEMENT OF AMOUNT IN DEMAND
`
`The amount in demand, exclusive of interest and costs, is greater than Fifteen Thousand
`Dollars ($15,000.00).
`
`Plaintiff,
`Byits Attorney,
`
`429148
`George P. Generas, III, Esq.
`BROCK & SCOTT, PLLC
`270 Farmington Avenue
`Suite 151
`Farmington, CT 06032
`Telephone: (401) 217-8701
`Email: CT_FC_Team@BrockandScott.com
`Juris No.: 439942
`
`B&S File No.: 23-29723 FCO1
`
`



