FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`NYSCEF DOC. NO. 76
`
` EX NO. 850202/2016
`INDEX NO. 850202/2016
`
`RECEIVED NYSCEF: 05/10/2017
`
`39""1“1 F2312: hank. BL.
`.. as Trustee fur Bum: of
`} Index No. SSDZOZIZMIS
`“Em Fm“; ‘~-W‘Pnt'atien Mortgage Fass-Thmug2: ORDER TOSHOW CAUSE
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`
`1 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`NYSCEF DOC. NO. 76
`
`
`NO. 850202/2016
`INDEX NO. 850202/2016
`
`RECEIVED NYSCEF: 05/10/2017
`
`A
`-
`' PLAIN. hi,
`lNTENbED BEING“mg rENANT-s. OCCU-I‘WANTS PERSONS on
`CORPORATIONS IF ANY, HAVING on cmmmc AN
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`mnmcwsw HEREzN,
`'
`
`the affirmation of Michael Kenned: Karlson affirmed.May 9th, 29$?
`
`and Hymn
`
`a3; exhib‘ts
`
`proceedings in this a-ction,
`_
`ov couwfie.“
`' LET 1‘33 Pmmzmfls—mow.cnusEz-
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`of this Court_ to be held a-t
`the Cougrthou-se at 53 Ce_nt-ze street, New
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`”A“
`room _WQU.
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`
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`this;a=ti9n;
`
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`
`York, NY 10013.,
`
`publication
`
`2 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`
`EF DOC. NO.
`7.6
`NYSCEF DOC. NO. 76
`
`EX NO.
`850202/2016
`INDEX NO. 850202/2016
`
`
`
`
`
`
`
`EF.'
`05/ld/Zbi7
`RECEIVED NYSCEF: 05/10/2017
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`
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`3 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 68
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/DO/20‘7
`RECEIVED NYSCEF: 05/10/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`Wells Fargo Bank, N.A., as Trustee for Banc of
`America Funding Corporation Mortgage Pass-Through
`Certificates, Series 2007-5
`
`Index No. 350202f2016
`
`AFFIRMATION
`
`
`
`
`
`
`
`'Ir-w-‘I’va-v-vl‘u.uvnr.w-.-.v.-u.v.u-n..uup."I,Iuvlv-I-II-v-vxuluv-vlvl-I'W'IF'vwwv.NEWInvuvu—wv-vIvI-u-va-vupmanvuvwv-vI'll'In'l'IFlvnvmvnrvofiumwwurn-run“)
`
`
`
`
`
`
`
`
`
`- against —
`
`Plaintiff,
`
`UNKNOWN HEIRS AT LAW OF KYLE HARRINGTON, AND IF
`THEY BE DEAD, ANY AND ALL PERSONS UNKNOWN To
`
`PLAINTIFF, CLAIMING, OR WHO MAY CLAIM TO HAVE AN
`
`INTEREST IN, OR GENERALLY OR SPECIFIC LIEN UPON
`
`THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH
`UNKNOWN PERSONS BEING HEREIN GENERALLY
`
`DESCRIBED AND INTENDED TO BE INCLUDED IN THE
`
`FOLLOWING DESIGNATION, NAMELY: THE WIFE, WIDOW,
`HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN,
`
`DESCENDANTS, EXECUTORS, ADMINISTRATORS,
`
`DEVISEES, LEGATEES, CREDITORS, TRUSTEES,
`
`COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH
`
`DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN
`
`OR LIEN UPON, OR TITLE TO SAID REAL PROPERTY BY,
`
`THROUGH OR UNDER THEM, OR EITHER OF THEM, AND
`
`THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS,
`
`WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS,
`EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES,
`
`CREDITORS, TRUSTEES, COMMITTEES, LIENORS AND
`
`ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT As
`
`STATED, ARE UNKNOWN TO PLAINTIFF; CATHERINE
`HARRINGTON; WELLS FARGO BANK, NA, EXPRESS
`ELEVATOR CONSTRUCTION CO., CRIMINAL COURT OF
`THE CITY OF NEw YORK, NEW YORK SUPREME COURT,
`BIG APPLE COMPACTOR Co INC., NEW YORK CITY
`DEPARTMENT OF FINANCE, NEW YORK CITY PARKING
`
`VIOLATIONS BUREAU, THE PEOPLE OF THE STATE OF
`NEW YORK, AND “JOHN DOE #3,” THROUGH “JOHN
`DOE #12,” THE LAST TWELVE NAMES BEING FICTITIOUS
`AND UNKNOWN TO PLAINTIFF, THE PERSONS OR PARTIES
`
`INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR
`
`CORPORATIONS, IF ANY, HAVING OR CLAIMING AN
`INTEREST IN OR LIEN UPON THE PREMISES BEING
`
`FORECLOSED HEREIN,
`
`4106f182
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 68
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/rs/20‘7
`RECEIVED NYSCEF: 05/10/2017
`
`..--..-...-...--..-_.___________________-________..................................................... 11’
`
`MICHAEL KENNEDY KARLSON, an attorney admitted to practice before the laws of the State
`
`ofNew York, affinns the following under penalty of perjury:
`
`1.
`
`I am the attorney for Defendant Kyle Harrington in this Real Estate Foreclosure Action.
`
`(See Exhibit A, exhibits thereto have been redacted to prevent this application from becoming
`
`voluminous)
`
`THIS IS AN OSC TO STOP A FRAUD IN PROGRESS
`
`2.
`
`On August 16, 2016 Wells Fargo files foreclosure index 850171/2016 against Kyle
`
`Harrington, et al in regards to Subject Property 116 West 22“d Street, Apt 3, New York, NY
`
`10011. (See Exhibit A)
`
`3.
`
`In that index number Plaintiff and Defendant Kyle Harrington are both represented by
`
`counsel zealously defending their client’s respective interests. (See Exhibit C)
`
`4.
`
`In that litigationjurisdiction is in question and Kyle Harrington submits sworn affidavits
`
`wherein he swears, inter alia, as to his address in San Diego, California. (See Exhibits C and D)
`
`4.
`
`5.
`
`Kyle swears to his address on paragraph 7 of his affidavit. (See Exhibit C)
`
`A cepy of his redacted drivers license showing his address was included as an exhibit and
`
`thus available to Wells Fargo. (See Exhibit E)
`
`6.
`
`In his reply affidavit Kyle Harrington even Stated his apartment number, 115. (See Exhibit
`
`D, paragraph 9)
`
`7.
`
`There was even driving directions to Mr. Harrington’s apartment in San Diego as an exhibit
`
`to the reply. (See Exhibit F)
`
`Page J 2
`
`5206f182
`5 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 -
`.1
`NYSCEF DOC. NO. 68
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX 110- 850707/70’6
`RECEIVED NYSCEE: 05/D9/20‘7
`RECEIVED NYSCEF: 05/10/2017
`
`8
`
`All of this is efiled. (See Exhibit B)
`
`9. A traverse date is set and then adjournedx'. (See Exhibit G)
`
`10.
`
`The traverse is adjourned. Both parties’ witnesses are flying in fiom California so we
`
`agree to schedule that.
`
`11.
`
`This action is 85020212016 filed 1010012016, less than two months after the first case, with
`
`the same Plaintiff, same first named Defendant Kyle Harrington and same property, albeit a
`
`different alleged loan. (See Exhibit H, various exhibits thereto redacted to prevent this
`
`application from becoming voluminous)
`
`12.
`
`In this action Wells Fargo is trying to convince the Court that Defendant Kyle Harrington
`
`might be dead and maybe even so long dead that his heirs are dead. (See Exhibit 1)
`
`13. This is preposterous. Wells Fargo knows quite plainly that Kyle Harrington is not dead.
`
`Wells Fargo is litigating the other case with him. He is signing affidavits and we are mking
`
`arrangements to schedule his live witness testimony.
`
`14. The Order granting service by publication was based upon Wells Fargo’s fraud and
`
`deception. It should be vacated. (See Exhibit J)
`
`15. Even the purported notice of entry was not served where they knew him to be. (See Exhibit
`
`J)
`
`16. The Guardian ad litem should be discharged.
`
`17. Wells Fargo cannot be in active litigation with Kyle under 1 index number and claim
`
`totally ignorance of him in another.
`
`18.
`
`It matters not that Wells Fargo is represented by different counsel in the two index
`
`numbers.
`
`Page | 3
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`30f
`6 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 68
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/ro/9o‘7
`RECEIVED NYSCEF: 05/10/2017
`
`19. No one is seeking Sanctions as against Sheldon May & Associates. This Court need not
`
`determine whether or not their client (Wells Fargo) made them aware of what was happening in
`
`the other index number.
`
`20. The relevant question is what did Wells Fargo know not what did Sheldon May or anyone
`
`else know.
`
`21. Wells Fargo does not get to proceed with publication while they know where Kyle
`
`Harrington is just by means of different attorneys fir different cases involving multiple alleged
`
`loans at the same property.
`
`22. Wells Fargo should have their action dismissed for falsely claiming ignorance of where
`
`Kyle Harrington might be found.
`
`23.
`
`Sending investigators and process servers on pointless snipe hunts looking for someone in
`
`New York when Wells Fargo knows the person is in California proves only Wells Fargo’s bad
`
`faith and deceitfirlness.
`
`24.
`
`Defendant asks that the publication he stayed. Defendant is prejudiced by publishing
`
`notices pertaining to his death while he is alive. Someone could read that and might really think
`
`he is dead.
`
`25.
`
`This action should be dismissed for failure to serve Defendant within the required 120
`
`days.
`
`26.
`
`Plaintiff‘s time to serve process should not be extended. Plaintiff should not be rewarded
`
`for deceitfiriness.
`
`27.
`
`A traverse hearing is not necessary as Plaintiff does not claim to have served Defendant
`
`Kyle Harrington, except perhaps by publication but that is based upon fi'aud.
`
`Page l4
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`740613182
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 68
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/D9/70‘7
`RECEIVED NYSCEF: 05/10/2017
`
`28.
`
`This Court has the authority to vacate its own Orders on the grounds of fraud. CPLR
`
`§5015(a)(4); Beltway Capital, LLC v. Soleil, 104 A.D.3d 628 (2013), 961 N.Y.S.2d 225 (2"d
`
`Dept, 2013).
`
`WHEREFORE, Defendant Kyle Harrington respectfully requests that this Court stay Plaintiff, its
`
`attorneys, agents and assigns from any further publication in this action,, dismiss this action in
`
`its entirety, vacate all prior Orders, vacate the notice of pendency and grant Defendant Kyle
`
`Harrington such other and further relief as may be found to be just and proper under the
`
`circumstance.
`
`State of New York
`
`County of New York
`Dated: May 9, 2017 MM'
`
`Michael Kennedy Karlson
`Attorney for Defendant
`(Kyle Harrington)
`5030 Broadway, Suite 813
`New York, NY 10034
`(212) 569-9597
`
`Page | 5
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`850613182
`8 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF Doc. NO. 66
`
`
`INDEX NO. 850707/70’ 6
`INDEX NO. 850202/2016
`
`
`7
`RECEIVED NYSCEF: 05/10/2017
`RECEIVED NYSCEE: US/DU/Zoj
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`Wells Fargo Bank, N.A., as Trustee for Banc of
`
`America Funding Corporation Mortgage Pass-Through
`Certificates, Series 2007-5
`
`E Index No. 85020222016
`
`AFFIDAVIT
`
`
`
`Plaintiff, .
`
`l
`
`E
`'
`
`- against —
`
`UNKNOWN HEIRS AT LAW OF KYLE HARRINGTON, AND IF
`THEY BE DEAD, ANY AND ALL PERSONS UNKNOWN TO
`PLAINTIPF, CLAIMJNG, OR WHO MAY CLAIM TO HAVE AN
`INTEREST IN, OR GENERALLY OR SPECIFIC LIEN UPON
`THE REAL PROPERTY DESCRIBED IN THIS ACTION; SUCH
`UNKNOWN PERSONS BEING HEREIN GENERALLY
`DESCRIBED AND INTENDED TO BE INCLUDED IN THE
`
`FOLLOWING DESIGNATION, NAMELY: THE WIFE, WIDOW,
`
`HUSBAND, WIDOWER, HEIRS AT LAW, NEXT OF KIN,
`DESCENDANTS, EXECUTORS, ADMINISTRATORS,
`DEVISEES, LEGATEES, CREDITORS, TRUSTEES,
`COMMITTEES, LIENORS, AND ASSIGNEES OF SUCH
`DECEASED, ANY AND ALL PERSONS DERIVING INTEREST IN
`
`OR Ll'EN UPON, OR TITLE TO SAID REAL PROPERTY BY,
`THROUGH OR UNDER THEM, OR EITHER OF THEM, AND
`THEIR RESPECTIVE WIVES, WIDOWS, HUSBANDS,
`
`WIDOWERS, HEIRS AT LAW, NEXT OF KIN, DESCENDANTS,
`EXECUTORS, ADMINISTRATORS, DEVISEES, LEGATEES,
`CREDITORS, TRUSTEES, COMMITTEES, LIENORS AND
`ASSIGNS, ALL OF WHOM AND WHOSE NAMES, EXCEPT As
`STATED, ARE UNKNOWN TO PLAINTIFF; CATHERINE
`' HARRINGTON; WELLS FARGO BANK, NA, EXPRESS
`ELEVATOR CONSTRUCTION CO., CRIMINAL COURT OF
`
`THE CITY OF NEW YORK, NEW YORK SUPREME COURT,
`BIG APPLE COMPACTOR CO INC., NEW YORK CITY
`DEPARTMENT OF FINANCE, NEW YORK CITY PARKING
`VIOLATIONS BUREAU, THE PEOPLE OF THE STATE OF
`NEW YORK, AND “JOHN DOE #1,” THROUGH “JOHN
`I
`DOE #12,” THE LAST TWELVE NAMES BEING FICTITIOUS
`!
`AND UNKNOWN TO PLAINTIFF, THE PERSONS OR PARTIES
`INTENDED BEING THE TENANTS, OCCUPANTS, PERSONS OR g
`CORPORATIONS, IFANY, HAVING OR CLAIMINGAN
`I
`INTEREST IN OR Ll'EN UPON THE PREMISES BEING
`,
`FORECLOSED HEREIN,
`
`‘ P
`
`age |
`
`l
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`9106f102
`9 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF QOC. NO. as
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`
`RECEIVED NYSCEF: 05/10/2017
`RECEIVED NYSCEE: 05/D9/20‘7
`
`
`
`Defendaut(s). i
`
`KYLE HARRINGTON, being sworn, states:
`
`1.
`
`2.
`
`The reports of my death are greatly exaggerated.
`
`More specifically, Plaintiff‘s claims and surmises that I might be dead are completely,
`
`wilfully and maliciously fabricated.
`
`PLAINTIFF’S EX—PARTE ORDERS ARE BASED UPON FRAUD
`
`3.
`
`Plaintiff, Wells Fargo Bank comes before this Honorable Court in index number
`
`850212r‘2016 filed October 10, 2016 and falsely and fraudulently tries to convince this Court that
`
`I must be dead somewhere and maybe even my heirs are dead and someone needs to appoint a
`
`guardian ad [item for me.
`
`4.
`
`In the course of writing my epitaph Plaintiff Wells Fargo Bank neglected to inform this
`
`Court that the very same Plaintiff Wells Fargo Bank is involved in active litigation with me
`
`under index number 85017110216 also entitled Wells Fargo Bank NA v. Kyle Harrington, filed
`
`August 16, 2016 also before the Supreme Court of the State of New York, County of New York
`
`before the Honorable Carol Edmead. (See Exhibit B)
`
`5.
`
`6.
`
`I have submitted sworn affidavits as part of that litigation. (See Exhibit C)
`
`In my affidavit dated September 28, 2016, paragraph 7, I swore: “I reside at 1540 Soledad
`
`Avenue, La Jolla, CA 92037." (See Exhibit C)
`
`7.
`
`This is true. I reside at 1540 Soledad Avenue, La Jolla, CA 92037. I have resided there
`
`throughout the pendency of this litigation and I reside there still.
`
`8.
`
`WELLS FARGO HAD THAT AFFIDAVIT. It was efiled on October 4, 2016. Upon
`
`information and belief it was served on Wells Fargo’s counsel in that case. (See Exhibit C)
`Page | 2
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`lQZQfEIDZ
`10 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF Doc. NO. as
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`
`RECEIVED NYSCEF: 05/10/2017
`RECEIVED NYSCEE: 05/Ds/20‘7
`
`9. Wells Fargo knew I was alive. Dead people can’t sign affidavits and get them notarized.
`
`10. Wells Fargo falsely and fi'audulcntly came before this Court peddling a lot of nonsense
`
`about my heirs at law, widows, devisees and such all the while they were involved in active
`
`litigation against me in another part of the same Courthouse and my attorney was filing my
`
`sworn affidavits and we were litigating that case. (See Exhibits A, B, C, D)
`
`11. Wells Fargo had my residence address in California from an affidavit filed SIX DAYS
`
`BEFORE this action was filed setting forth my address in California. (See Exhibit C, first
`
`affidavit)
`
`12.
`
`Despite having my address from said affidavit Wells Fargo was falsely and fraudulently
`
`claiming inability to serve me and ignorance of where, if indeed anywhere in this world, I might
`
`be found.
`
`13.
`
`Wells Fargo knew that I was represented by Michael Kennedy Karlson, Esq., who was
`
`opposing them in index number 850171f2016.
`
`14.
`
`Despite knowing this Wells Fargo falsely, wilfully and maliciously got a guardian ad
`
`litem appointed to supposedly represent me against my wishes or represent my heirs and/or the
`
`heirs of my heirs.
`
`15.
`
`I discharge the guardian ad litem. I do not wish to represented by this person. I never
`
`consented to be represented by this person. I ask that this person be immediately discharged. I
`
`deny any representation of me by this guardian.
`
`17.
`
`I have also been involved in loss mitigation efforts with Wells Fargo. As part of these
`
`loss mitigation efforts extensive documentation has, upon information and belief, been provided
`
`to Wells Fargo including but not limited to pay stubs, bank statements, tax returns and forms.
`
`Page | 3
`
`lIBQfEIDZ
`11 of 102
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`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF ooc. NO. 66
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`
`RECEIVED NYSCEF: 05/10/2017
`RECEIVED NYSCEE: 05/no/90‘7
`
`18.
`
`Dead people don’t get pay stubs.
`
`19.
`
`Dead people can’t sign loss mitigation forms.
`
`20.
`
`Wells Fargo also had access to my bank statements and tax returns and all of the
`
`information thereon including my address.
`
`21. We had a traverse hearing scheduled for April 12, 2017. Eventually we agreed to adjourn
`
`it because I did not want to fly in from California if Wells Fargo was not ready to move forward.
`
`If they were ready I would have flown in. This is what is happening in one litigation yet in the
`
`other Wells Fargo litigation they insinuate that [must be deceased.
`
`22.
`
`Clearly Wells Fargo knew I was not dead but despite this knowledge Wells Fargo clearly,
`
`willfully and maliciously misled this Court into thinking that I was or at least might be.
`
`23.
`
`Clearly Wells Fargo knew where I lived but despite this knowledge Wells Fargo clearly,
`
`willfully and maliciously misled this Court into thinking that wells Fargo did not know where I
`
`lived.
`
`24.
`
`Clearly Wells Fargo knew where to look for me and try to effectuate service upon me but
`
`despite this knowledge Wells Fargo clearly misled this Court into thinking they had no idea
`
`where to look for me or how to serve me.
`
`25.
`
`Plaintiff has obtained an Order extending their time to serve based upon their fraud and
`
`false misrepresentations. That Order must be vacated as based on fraud.
`
`26.
`
`Plaintiff has obtained an Order allowing service by publication based upon their fraud and
`
`false misrepresentation. That Order must be vacated as based on fraud.
`
`2?.
`
`Plaintiff has obtained an Order appointing a guardian ad litem based upon their fraud and
`
`false misrepresentation. That Order must be vacated as based on fraud.
`
`Page | 4
`
`lZiQfEIDZ
`12 of 102
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`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF POC. NO. 66
`
`
`INDEX NO. 850707/70’6
`INDEX NO. 850202/2016
`
`
`7
`RECEIVED NYSCEE: 05/D9/70‘
`RECEIVED NYSCEF: 05/10/2017
`
`28.
`
`Plaintiff did not even TRY to serve me in this action despite all of the knowledge which
`
`they had from the other action. Instead Plaintiff chose to rely on deception and trickery. This
`
`action should be dismissed.
`
`\29.
`
`Ihave a strong likelihood of success on the merits as Plaintiff has engaged in obvious
`
`fraud.
`
`30.
`
`1 will be irreparably injured if Plaintiff gets away with their scheme. Plaintiff then may
`
`have established jurisdiction by hand and deception to my detriment.
`
`31.
`
`lam also irreparably injured by the publication. Friends, relations, professional contacts
`
`and other people may read of my supposed demise. I do not want rumors started that I am dead
`
`just because Plaintiff is too lazy to try to serve me in California.
`
`32.
`
`I have made no prior application to any Court or Judge for the relief requested herein.
`
`33.
`
`I am moving by emergency order to show cause so as to stop Plaintiff‘s scheme before it
`
`is too late.
`
`34. Wells Fargo may ask for mercy and ask that this action not be dismissed. If all this Court
`
`does to Wells Fargo is dismiss this action,
`
`that is showing mercy. Showing mercy in not
`
`imposing sanctions for fiivolous conduct. Showing mercy is not referring this to the District
`
`Attorney.
`
`Pagel 5
`
`13SQfEID2
`13 of 102
`
`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05.201? 08:13 '
`AI
`NYSCEF DOC. NO. 76
`NYSCEF poc. NO. as
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEF: 05/10/2017
`
`RECEIVED NYSCEE: 05/n9/20‘7
`
`WHEREFORE, Defendant Kyle Harrington respectfully re quests that this Court stay Plaintiff, its
`
`attorneys, agents and assigns from any further publication in this action,, dismiss this action in
`
`its entirety, vacate all prior Orders, vacate the notice of pendency and grant Defendant Kyle
`
`Harrington such other and further relief as may be found to be just and proper under the
`
`circumstance.
`
`State of California
`
`County of San Diego
`
` 5/9/K7
`
`Kyle Harrington, D efendant
`
`UNIFORM CERTIFICATE OF ACKNOWLEDGMENT
`
`State of California, County of San Diego
`
`On the _ dayr of April, 2017 before me, the undersigned, personallii-appeared Kyle
`
`Harrington, personally known to me or proved to me on the basis of satisfactory evidence to be
`
`the individual Whose name is subscribed to the within instrument and acknowledged to me he
`
`executed the same in his individual capacity, that by his signature on the affidavit the individual,
`
`or the person on whose behalf the individual acted, executed the instrument, and that such
`
`individual made such appearance before the undersigned in the
`
`(Insert the city or other political subdivision and the state or county or other place the
`
`acmowmdg‘mm was take”)
`
`See Notarized Certificate of
`Acknowledgmentattachecl
`
`(Signature and office of individual taking
`
`acknowledgment)
`
`Page | 6
`
`146 Osz 1’02
`14 of 102
`
`

`

`
`INDEX NO. 850707/70’ 6
`INDEX NO. 850202/2016
`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`
`=_ __-_ug____ .-'-- ‘
`NY .......___=.
`7/
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`.
`.....
`.._._ .
`.
`
`. MAJ—J.“ Ji—.IDL‘LLLLAVLJ_'_‘!L‘.i._l_!_L.‘-L_
`'_ ill ‘
`NYSCEF DOC. NO. 76
`RECEIVED NYSCEF: 05/10/2017
`
`ALL- PURPOSE
`
`CERTIFICATE OF ACKNOWLEDGMENT
`
`A notary public or other officer completing this certificate verifies only the
`identity of the individual who signed the document lo which this certificate
`
`is attached. and not the truthfulness. accuracy, or validity of that document.
`
`State of California
`
`County of SAM bus-cc:
`
`}
`
`}
`
`
`On .Iuin‘r <3 201'?
`
`before maxi/m QUE-Ht re Guerra Not-my Poem;
`[Here insert name and title at the officer]
`
`,
`
`personally appeared 'té‘i Lt? Home» er 0A)
`who proved to me on the basis of satisfactory evidence to be the person(s) whose
`name(e)@are—subscribed to the within instrument and acknowledged to me that
`-helthey executed the same infiisjherltheir authorized capacityfies), and that by
`@‘Ieritheir signature(sa on the instrument the person(sa, or the entity upon behalf of
`which the personfs) acted, executed the instrument.
`
`,
`
`I certify under PENALTY OF PERJURY under the laws of the State of California that
`
`the foregoing paragraph is true and correct.
`
`WITNESS my hand and official seal.
`
`NotaryZuiilicSignature
`
`(Notary Public Seal}
`
`‘mM-mfl55!. "raft? #5 --
`
`v
`
`"I.
`
`
`OFFICIAL SEAL
`-'.Afi.FIO'JERlTE OLER
`jNCITARV eusuc-GALtiaNIAm
`'
`coon no. 2078231
`:1
`
`SAN DIEGO COUNTY
`my com-i1. Eire. SEPT. 10, 2018
`
`
`
`g’Other Decent cm 1-.
`
`
`
`
`
`:. _._-
`
`
`
`ADDITIONAL OPTIONAL INFORMATION
`
`DESCRIPTION OF THE ATTACHED DOCUMENT
`
`Eli-WW? CQULPLT' Q It TH 3 Store 0F
`{Title or descriplion of attached document)
`M £30.: V out;
`_ A lit: in w H"
`
`(Titie or description otatlached document continued} Number Of P3995 _LQ, Document Dale
`
`_ 261—7
`
`INSTRUCTIONS FOR COWLETWG THIS FORM
`This form complies wirlr current California sfohries regarding norm: wording and,
`Encoded should be mannered and attached to the document. Acknoiwedgemsfiom
`other stores may be compleredfor documents being rent to that more so long as the
`wording does not require the California notary to violate California notary t'ow.
`- State and County information must be the State and County where the document
`signs-Its} personally appeared before the notary public for acimowlodgmcm.
`I Datc of notarization must be the dale that the signerfs] personally appeared which
`must also be the same date the acknowledgment is completed.
`I- The notary public must print his or her name as it appears within his or [115'
`commission followed hya comma and than your title (notary public].
`- Print the nan-Ids) or document signcds} who personally appear at the time of
`notarization.
`
`Indicate the correct singular or plural forms by crossing of incorrect Forms (Lo.
`hclsheitheyr is [see] or circling the correct forms. Failure to correctly indicate this
`information may load to rejection of document recording.
`o The notary seal
`impression must be cicar and photographicaliy reproducible.
`Impression must not cover text or lines. If sea] impression smudges, rc-scal if a
`sufficient area permits, otherwise complete a different acknowledgment form.
`. Signature of tho notary public must match the signature on file with the office of
`the county clerk.
`information is not ‘I'cquircd hm could help to ensure this
`-:- Additional
`acknowledgment is not misused or attached to a difierem document
`Indicate title or type of attached document? numbcrofpagcs and date.
`Indicate the capacity claimed by the signer. If Lhe claimed capacity is a
`corporate officer. indicate the title (Lo. CEO, CFO, Secretary).
`'\-'\|;13\J'EEC 3393ch 51.3. 523.9555
`25 15 Vnrs cr-
`a Securely attach this document to the signed document with a staple.
`
`- _.—— ..
`-
`.-
`-
`-- —- --
`.--.
`-------—.--.
`..
`-.
`'.'."'—'."T—.———.—T.—.—'———'——'—‘-fi ————,nu-.-—.. —.i-u-:..-r.-;—-£u--.u ... -
`.-
`—-
`
`CAPACITY CLAIMED BY THE SIGNER
`.
`.
`D lnleldUEl (S) .
`[:I Corporate Officer
`
`D
`
`(Tifle)
`El Partner(s)
`D AttGmEY-in-Fact
`El Trustee(s)
`
`‘9
`‘3'
`
`157 Crff 1’02
`15 of 102
`
`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK CO TY CLERK 05-2017 08:13 '
`AI
`EI
`NYSCEF DOC. NO. 65
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850707/70’6
`INDEX NO. 850202/2016
`
`
`7
`RECEIVED NYSCEE: 05/D9/70‘
`RECEIVED NYSCEF: 05/10/2017
`
`EXHIBIT A
`
`16 of 102
`16 of 102
`
`

`

`
`INDEX NO. 850202/2016
`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`INDEX NO- 850707/70’6
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`
`
`RECEIVED NYSCEF: 05/10/2017
`NYSCEF DOC. NO. 76
`
`
`N flzmc. NEW.. 103K COUNTY CLERK .;mm RECEMXNMSCEESOWMAZO‘ 7
`RECEIVED NYSCEF: 08/16/2016
`NYSCEE‘ DOC. NO.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`SUMMONS AND NOTICE
`
`Wells Fargo Bank, NA,
`
`_
`-against-
`
`Plaintiff,
`
`Index No.
`
`Date Filed:
`
`Kyle Harrington; Catherine Harrington; The Board of
`Managers of the Soma Condominium Homeowners
`Association; City of New York Environmental Control
`Board; City of New York Parking Violations Bureau; City of
`New York Transit Adjudication Bureau; New York City
`Department of Finance, “JOHN DOE”, said name being
`fictitious, it being the intention of Plaintiff to designate any
`and all occupants of premises being foreclosed herein, and
`any parties, corporations or entities, if any, having or
`claiming an interest or lien upon the mortgaged premises,
`Defendants.
`
`PROPERTY ADDRESS:
`
`116 West 22nd Street Apartment 3, New York, NY 10011
`
`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 a notice of appearance on the attorneys for the Plaintiff within thirty
`
`(30) days after the service of this summons, exclusive of the day of service. The United States of
`
`America, if designated as a defendant in this action, may appear within sixty (60) days of service
`
`hereof. In case of your failure to appear or answer, judgment will be taken against you by
`
`default for the relief demanded in the complaint.
`
`16-050819
`
`Summons and Notice
`
`Page 1 of 3
`
`1 of 3
`17 of 102
`17 of 102
`
`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 65
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/00/70‘7
`RECEIVED NYSCEF: 05/10/2017
`
`NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT THE OBJECT of
`
`the above captioned action is to foreclose a Mortgage to secure $390,000.00 and interest,
`
`recorded in the New York County Office of the City Register on June 5, 200?, in CRFN
`
`2007000290275 covering premises known as 116 West 22nd Street Apartment 3, New York, NY
`
`1001 1.
`
`The relief sought in the within action is a final judgment directing the sale of the premises
`
`described above to satisfy the debt secured by the Mortgage described above.
`
`Plaintiff designates New York County as the place of trial. Venue is based upon the
`
`County in which the mortgaged premises is situated.
`
`16-050819
`
`Summons and Notice
`
`Page 2 of 3
`
`2 of 3
`18 of 102
`18 of 102
`
`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`AI
`NYSCEF DOC. NO. 65
`NYSCEF DOC. NO. 76
`
`
`INDEX NO. 850202/2016
`INDEX NO- 850707/70’6
`RECEIVED NYSCEE: 05/D9/20‘7
`RECEIVED NYSCEF: 05/10/2017
`
`YOU ARE IN DANGER OF LOSING YOUR HOME
`
`NOTICE
`
`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 SIMMONS
`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.
`
`Dated:
`
`gfirs‘flbfll
`
`JustinSYalle, Esq.
`
`:
`
`' 1e Attorney
`A
`SHAPIRO, DICARO & BARAK, LLC
`Attorneys for Plaintiff
`175 Mile Crossing Bouievard
`Rochester, New York 14624
`(585) 247-9000
`Fax: (585) 247-7380
`Our File No. 16-05081 9
`
`16—050819
`
`Summons and Notice
`
`Page 3 of 3
`
`3 of 3
`19 of 102
`19 of 102
`
`
`
`

`

`
`INDEX NO. 850202/2016
`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`INDEX NO' 850707/70’6
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13
`
`
`
`NYSCE. FMDNONEW YORK COUNTY CLERK IBEEW smashoufiflsfli/hWQ/zou
`NYSCEF DOC. NO. 76
`RECEIVED NYSCEF: 05/10/2017
`
`NYSCEF DOC. NO.
`RECEIVED NYSCEF: 08/16/2016
`
`
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`Wells Fargo Bank, NA,
`
`MORTGAGE FORECLOSURE
`
`COMPLAINT
`
`Plaintiff,
`
`-against-
`
`Index No.
`
`Date Filed:
`
`Kyle Harrington; Catherine Harrington; The Board of
`Managers of the Soma Condominium Homeowners
`Association; City of New York Environmental Control
`Board; City of New York Parking Violations Bureau; City of
`New York Transit Adjudication Bureau, “JOHN DOE”, said
`name being fictitious, it being the intention of Plaintiff to
`designate any and all occupants of premises being foreclosed
`herein, and any parties, corporations or entities, if any,
`having or claiming an interest or lien upon the mortgaged
`premises,
`
`Defendants.
`
`The Plaintiff herein, by its Attorneys, Shapiro, DiCaro & Barak, LLC, complains of the
`
`defendants above named, and for its cause of action, alleges that:
`
`
`First:
`
`The Plaintiff herein, at all times hereinafter mentioned was and
`
`still is a duly authorized National ASSociation and having an ofiicc at c/o 18700 NW Walker
`
`Road #92, MAC #P6053-022, Beaverton, Oregon 97006.
`
`16-050819
`
`Mortgage Foreclosure Complaint
`
`Page 1 of 9
`
`l of 126
`20 of 102
`20 of 102
`
`

`

`FILED: NEW YORK COUNTY CLERK 05/10/2017 08:23 PM
`FILED: NEW YORK COUNTY CLERK 05-2017 08:13 '
`1'
`NYSCEF DOC
`NO
`65
`NYSCEF DOC. NO. 76
`
`INDEX NO. 850202/2016
`INDEX ”0' 850202/20 6
`RECEIVED NYSCEE: oS/Do/zo 7
`RECEIVED NYSCEF: 05/10/2017
`
`PLAINTIFF FURTHER ALLEGES
`UPON INFORMATION AND BELIEF
`
`mg
`
`The defendants set forth in Schedule "A" reside or have a place
`
`of business at the address set forth therein and are made defendants in this action in the
`
`capacities therein alleged and for the purpose of foreclosing and extinguishing any other right,
`
`title or interest said defendants may have in the subject premises.
`
`Third:
`
`The United States ofAmerica, The People of the State of New
`
`York, The State Tax Commission of the State of New York, the Industrial Commissioner of the
`
`State of New York and all other agencies or instrumentalities of the Federal, State or local
`
`government (by whatever name designated) if made parties to this action and if appearing in
`
`Schedule "B", are made parties solely by reason of the interest set forth in Schedule "B" and for
`
`no other reason.
`
`m
`
`Heretofore, the defendant(s), Kyle Harrington and Catherine
`
`Harrington, for the purpose of securing to Wells Fargo Bank, N.A., its successors and assigns,
`
`the sum of $390,000.00, duly made a certain bond, note, consolidation, extension, modification,
`
`recasting, or assumption agreement, as the case may be, wherein and whereby they bound
`
`themselves, their heirs, executors, administrators and assigns, and each and every one of them,
`
`jointly and severally, in the amount of said sum of money, all as more fully appears together with
`
`the terms of repayment of said sum or rights of Wells Fargo Bank,