FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
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`EX NO.
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` NYSCI
`
`002418/2022
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` EF’:
`
`03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`NYSCI EF DOC. NO. 81
`
`IND
`
`
`
` EIVE iD
`
`EXHIBIT G
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
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`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
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`
`
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`
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`INDEX NO. 002418/2022
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`
`
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`
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`RECETBR NNO Cita 19/202207 4
`RECEIVED NYSCEF: 03/29/2022
`
`Index No.:
`
`Date Filed:
`
`SUMMONS AND NOTICE
`
`Mortgaged Premises:
`118 Vann Street
`Syracuse, NY 13206
`Section: 028,
`Block: 15
`Lot: 03.0
`
`Venue: Onondaga County (based
`on the situs of the Mortgaged
`Premises)
`
`SUPREME COURTOF THE STATE OF NEW YORK
`COUNTY OF ONONGAGA
`weennneneeenennanenannenagumennngenngeneneneenenenennnenannnnnasxX
`ATLANTICA, LLC,
`
`Plaintiff,
`
`-against-
`
`NANCY HARDTER, AS POTENTIAL HEIR, EXECUTOR,
`DEVISEE, OR DISTRIBUTEE OF THE ESTATE OF GEORGE
`1, HARDTER, JR., DECEASED; DONNA MCCLAIN, AS
`POTENTIAL
`HEIR,
`EXECUTOR,
`DEVISEE,
`OR
`DISTRIBUTEE OF THE ESTATE OF GEORGE I. HARDTER,
`JR, DECEASED; RONALD HARDTER, AS POTENTIAL
`HEIR, EXECUTOR, DEVISEE, OR DISTRIBUTEE OF THE
`ESTATE OF GEORGE I. HARDTER,JR., DECEASED; JEAN
`WESTFALL, AS POTENTIAL HEIR, EXECUTOR, DEVISEE,
`OR DISTRIBUTEE OF THE ESTATE OF EUNICE A.
`HARDTER, DECEASED; LAUREL HUFF, AS POTENTIAL
`HEIR, EXECUTOR, DEVISEE, OR DISTRIBUTEE OF THE
`ESTATE OF EUNICE A. HARDTER, DECEASED; LINDA
`O'NEILL, AS POTENTIAL HEIR, EXECUTOR, DEVISEE, OR
`DISTRIBUTEE OF THE ESTATE OF EUNICE A. HARDTER,
`DECEASED; LAWRENCE WILCOX, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE OF THE ESTATE
`OF EUNICE A. HARDTER, DECEASED; ROGER WILCOX,
`AS
`POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR
`DISTRIBUTEE OF THE ESTATE OF EUNICE A. HARDTER,
`DECEASED, NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE;
`INTERNAL REVENUE
`SERVICE; ANY AND ALL KNOWN OR UNKNOWN HEIRS,
`DEVISEES,
`GRANTEES,
`ASSIGNEES,
`LIENORS,
`CREDITORS, TRUSTEES, AND ALL OTHER PARTIES
`CLAIMING AN INTEREST BY, THROUGH, UNDER OR
`AGAINST THE ESTATES OF GEORGE I. HARDTER,JR.
`AND EUNICE A. HARDTER, DECEASED and “JOHN DOE
`#1” through “JOHN DOE #10,” said names being fictitious and
`unknown to plaintiff, intended to be possible tenants or occupants
`of the premises, or corporations, persons, or other entities having
`or claiming a lien upon the mortgaged premises,
`
`Defendants.
`weenneneneeteen eneanneenenenanennneneennwnnenncnnnesx
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONEDto answerthe complaint in this action and to serve
`
`a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
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`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`AGP
`RTT
`j
`NYSCEF DOC. NO.
`1
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`INDEX NO. 002418/2022
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`
`
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`
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`RECE INBDX NWGCHF):2 40.8/2622024
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`RECEIVED NYSCEF: 03/29/2022
`
`appearance, on the Plaintiff's attomeys within twenty (20) days after the service of this summons,
`
`exclusive of the day of service (or within thirty (30) days after the service is complete if this
`
`summonsis not personally delivered to you within the State of New York); and in case of your
`
`failure to appear or answer, judgmentwill be taken against you by default for the relief demanded
`
`in the complaint.
`
`NOTICE 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 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 SUMMONS AND PROTECT YOUR PROPERTY.
`
`SENDING A PAYMENT TO YOUR MORTGAGE COMPANY WILL NOT
`STOP THIS FORECLOSURE ACTION,
`
`YOU MUST RESPONDBY SERVING A COPY OF THE ANSWER ON THE
`ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND
`FILING THE ANSWER WITH THE COURT.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
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`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`73572022 10.42
`pM
`I)
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`INDEX NO. 002418/2022
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`
`
`
`
`RECEFBRxNSCEGot2 40.8/2042 024
`RECEIVED NYSCEF: 03/29/2022
`
`Dated: March 29, 2022
`Old Brookville, New York
`
`THE FRANK LAW FIRM P.C.
`Attorneys for Plaintiff, Atlantica, LLC
`
`By:
`
` s/Thomas J. Frank
`ThomasJ. Frank, Esq.
`333 Glen Head Road, Suite 145
`Old Brookville, New York 11545
`Tel:
`(516) 246-5577
`Fax:
`(516) 246-5597 (For court use only)
`Em:
` thomas@frankfinnpc.com
`
`WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY
`INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`ONONDAGA COUNTY CLERK 03/25/2022
`10:42
`PM
`
`
`
`INDEX NO. 002418/2022
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`
`
`RECEENBBx WGCRIb2 498/2622024
`RECEIVED NYSCEF: 03/29/2022
`
`SERVICE LIST
`
`TO:
`Nancy Hardter
`
`Ronald Hardter
`
`Laurel Huff
`
`Donna McClain
`
`Jean Westfall
`
`Linda O'Neill
`
`Lawrence Wilcox
`
`Roger Wilcox
`
`Internal Revenue Service
`c/o U.S. Attomey's Office
`445 Broadway, Room 218
`Albany, NY 12207-2924
`
`John Does # 1-0
`118 Vann Street
`Syracuse, NY 13206
`
`NYS Dep't of Taxation and
`Finance
`Building 9
`W A Harriman Campus
`Albany, NY 12227
`
`Any and all heirs ofthe Estates of
`George I. Hardter, Jr. and
`Eunice A. Hardter
`148 Vann Street
`Syracuse, NY 13206
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
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`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
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`INDEX NO. 002418/2022
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`PILED : ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`
`
`
`TED ONONDAGA COUNTY CLERK 03/29/202210:43PMRECEEMBBxNYGCER? 403/2022024
`NY¥SCEF DOC. NO.
`1
`RECEIVED NYSCEF: 03/29/2022
`
`NOTICE TO DEFENDANT
`
`DURING THE CORONAVIRUS EMERGENCY,
`YOU MIGHT BE ENTITLED BY LAW TO TAKE
`
`ADDITIONAL DAYS OR WEEKS TO FILE AN
`
`ANSWERTO THIS COMPLAINT.
`
`https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
`
`PLEASE CONTACT YOUR ATTORNEY FOR
`
`MORE INFORMATION,
`
`IF YOU DON'T HAVE AN ATTORNEY,
`
`PLEASE VISIT
`
`http://ww2.nycourts.gov/admin/OPP/foreclosures.shtm!
`
`OR
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`_
`-
`NYSCEF DOC. NO,
`2
`
`INDEX NO. 002418/2022
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`
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`
`
`
`
`RECE EWRANKSCER6 2 Ppe/2ehyyoh0 2.4
`RECEIVED NYSCEP: 03/29/2022
`
`AVISO A DEMANDADO
`
`https://www.nycourts.gov/courthelp/Homes/foreclosures.shtml
`
`DURANTE LA EMERGENCIA DEL
`
`CORONAVIRUS,
`
`ES POSIBLE QUE USTED TENGA DERECHO
`
`POR LEY A TOMAR DIAS O SEMANAS
`
`ADICIONALES
`
`PARA PRESENTAR UNA RESPUESTA
`
`A ESTA PETICION
`
`POR FAVOR CONTACTE A SU ABOGADO
`PARA MAS INFORMACION.
`
`SI USTED NO TIENE UN ABOGADO,
`
`VISITE
`
`http:/Avw2.nycourts.gov/admin/OPP/foreclosures.shtml
`
`0
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`
`INDEX NO. 002418/2022
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`FILED:ONONDAGACOUNTYCLERK 037297202210:42pg9“YP ENDEKNNGTGia di'e20220%
`
`
`
`
`
`
`NYSCEP Doc. NO.
`
`1
`
`RECEIVED NYSCEF: 03/29/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ONONDAGA
`waneeee neetenn neemnennennnennnnnenenenenenenneneneeneneunnsnnumumenenX
`ATLANTICA, LLC,
`
`Plaintiff,
`
`~against-
`
`Index Neo.:
`
`COMPLAINT
`
`.
`NANCY HARDTER, AS POTENTIAL HEIR, EXECUTOR,
`DEVISEE, OR DISTRIBUTEE OF THE ESTATE OF GEORGE |, Mortgaged Premises:
`HARDTER,
`JR, DECEASED; DONNA MCCLAIN,
`AS
`!!8 Vann Street
`POTENTIAL HEIR, EXECUTOR, DEVISEE, OR DISTRIBUTEE
`Syracuse, NY 13206
`OF THE ESTATE OF GEORGE |, HARDTER, JR., DECEASED;
`Section: 028.
`RONALD HARDTER, AS POTENTIAL HEIR, EXECUTOR,
`Block: 14
`DEVISEE, OR DISTRIBUTEE OF THE ESTATE OF GEORGE ET
`Lot: 03.0
`HARDTER, JR., DECEASED; JEAN WESTFALL, AS POTENTIAL
`HEIR, EXECUTOR, DEVISEE, OR DISTRIBUTEE OF THE
`ESTATE OF EUNICE A. HARDTER, DECEASED; LAUREL
`HUFF, AS POTENTIAL HEIR, EXECUTOR, DEVISEE, OR
`DISTRIBUTEE OF THE ESTATE OF EUNICE A. HARDTER,
`DECEASED;
`LINDA O’NEILL, AS
`POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE OF THE ESTATE OF
`BUNICE A. HARDTER, DECEASED; LAWRENCE WILCOX, AS
`POTENTIAL HEIR, EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE ESTATE OF EUNICE A. HARDTER, DECEASED,
`ROGER WILCOX, AS POTENTIAL HEIR, EXECUTOR, DEVISEE,
`OR DISTRIBUTEE OF THE ESTATE OF EUNICE A. HARDTER,
`DECEASED; NEW YORK STATE DEPARTMENTOF TAXATION
`AND FINANCE; INTERNAL REVENUE SERVICE: ANY AND
`ALL KNOWN OR UNKNOWN HEIRS, DEVISEES, GRANTEES,
`ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, AND ALL
`OTHER PARTIES CLAIMING AN INTEREST BY, THROUGH,
`UNDER OR AGAINST THE ESTATES OF GEORGE L. HARDTER,
`JR, AND EUNICE A. HARDTER, DECEASED and “JOHN DOE #1”
`through “JOHN DOE #10,” said names being fictitious and unknown
`to plaintiff,
`intended to be possible tenants or cccupants of the
`premises, or corporations, persons, or other entities having or claiming
`a len upon the mortgaged premises,
`
`Defendants.
`penneeeeeeeenmmameremeenrirtenenneeX
`
`Plaintiff ATLANTICA, LLC, by its attorneys, THE FRANK LAW FIRM P.C.,
`
`complains and alleges upon information and belief as follows:
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`Q
`g
`.
`ONONDAGA COUNTY CLERK 03/29/2022 10:42 PM
`
`
`NYSCEF boc, NO.
`
`1
`
`
`
`
`RECE
`
`
`INDEX NO. 002418/2022
`
`NYSCEF
`3
`42024
`THBR NS ida PY/2002
`
`RECEIVED NYSCEF: 03/29/2022
`
`AS AND FOR A FIRST CAUSE OF ACTION
`
`I.
`
`
`Atlantica, LLC (“Plaintiff”) is, and at ali times hereinafter mentioned, was a limited
`
`liability company authorized to due business in the State of New York.
`
`2.
`
`On or about February 19, 2002, George I. Hardter, Jr. and Eunice A. Hardter
`
`(“Borrowers”) executed and delivered to Fleet National Bank. a certain promissory note bearing
`
`that date, whereby Borrowers covenanted and agreed to pay the principal sum of $70,000.00, subject
`
`to the terms morefully set forth in the note, which is annexed hereto as Exhibit A, together with the
`
`proper indorsements (the “Note’’).
`
`3.
`
`For the purpose of securing payment of the aforementioned indebtedness,
`
`Borrowers duly executed and delivered a mortgage to Fleet National Bank. which was recorded in
`
`the Onondaga County Clerk’s Office on April 12, 2002, in Book No. 12555, Page 0292 (the
`
`“Mortgage”). The Mortgage is annexed hereto as Exhibit B.
`
`4.
`
`5,
`
`Any applicable recording tax was duly paid.
`
`The mortgaged premises, more fully described in the Schedule “A” Legal
`
`Description annexed hereto, is commonly known as 118 Vann Street, Syracuse, New York 13206
`
`(the “Premises”).
`
`6.
`
`The Mortgage was assigned from Bank of America, N.A., successor by merger to
`
`Fleet National Bank to Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage
`
`Loan Trust A by Assignment of Mortgage dated February 27, 2017 and recorded in the Onondaga
`
`County Clerk’s Office on February 6, 2018, bearing Instrument No. 2018-00005831. The
`
`Assignment of Mortgage is annexed hereto as Exhibit C.
`
`7.
`
`The Mortgage was further assigned from Wilmington Savings Fund Society, FSB,
`
`as Trustee of Stanwich Mortgage Loan Trust A to Wilmington Savings Fund Society, FSB, d/b/a
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`INDEX NO.
`
`eS
`
`
`
`
`RECE EBB xNNS CHt'2 Py23024
`‘TLED: ONONI
`5373
`3
`
`NYSCEF DOC. NO.
`
`1
`
`002418/2022
`
`RECEIVED NYSCEF: 03/29/2022
`
`Christiana Trust, not in its individual capacity but solely in its capacity as Owner Trustee of
`
`Matawin Venture Trust Series 2017-2 by Assignment of Mortgage dated December 5, 2017 and
`
`recorded in the Onondaga County Clerk’s Office on February 6, 2018, bearing Instrument No.
`
`2018-00005833. The Assignment of Mortgage is annexed hereto as Exhibit D.
`
`8.
`
`The Mortgage was further assigned from Wilmington Savings Fund Society, FSB,
`
`d/b/a Christiana Trust, not in its individual capacity but solely in its capacity as Owner Trustee of
`
`Matawin Venture Trust Series 2017-2 to Plaintiff by Assignment of Mortgage dated June 25, 2019
`
`and recorded in the Onondaga County Clerk’s Office on August 15, 2019, bearing Instrument No.
`
`2019-00029824. The Assignment of Mortgage is annexed hereto as Exhibit E.
`
`9,
`
`Plaintiff is the owner and holder of the Mortgage and Note, or has been delegated
`
`the authority to institute a mortgage foreclosure action by the owner and holder of the subject
`
`Mortgage and Note.
`
`10.
`
`HL,
`
`12.
`
`Borrower Eunice A. Hardter died on October 28, 2011.
`
`George I. Hardter, Jr. died on January 24, 2019.
`
`Borrowers or their respective estates have failed to comply with the terms and
`
`provisions of the Mortgage and Note, by failing to pay principal and interest and/or taxes,
`
`insurance premiums, escrows and/or other charges commencing with the November 27, 2015
`
`installment payment and all subsequent payments.
`
`13,
`
`That there is now due and owing to the Plaintiff, the principal unpaid balance of
`
`$69,302.54 with interest thereon from October 27, 2015, plus accumulated late charges together
`
`with any sums advanced by Plaintiff.
`
`14.
`
`Morethan thirty (30) days have elapsed since the first of said defaults occurred,
`
`and by reason thereof, Plaintiff has elected and hereby elects to declare immediately due and
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
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`RECEIVED NYSCEF: 03/26/2024
`
`
`
`NYSCEF DOC. NO.
`
`1
`
`INDEX NO. 002418/2022
`
`
`
`
`
`
`
`RECE TWBEx NYS CAGo%2 498/822 024
`
`RECEIVED NYSCEF: 03/29/2022
`
`payable the entire unpaid balance of principal and interest, together with monies advanced for
`
`taxes, insurance, property maintenance, as well as the costs, allowances and reasonable attorney’s
`
`fees to the extent permitted by the Mortgage and applicable law.
`
`15.
`
`To the extent applicable, Plaintiff has complied with all of the provisions of New
`
`York Banking Law Section 595-a, Section 6-1, Section 6-m, Section 9-x and UCC § 9-611.
`
`16.
`
`To the extent applicable, Plaintiff is in compliance with RPAPL § 1304. Annexed
`
`hereto as Exhibit F is a true and accurate copy of the RPAPL § 1304 90-day pre-foreclosure notice.
`
`17.
`
`To the extent applicable, Plaintiffis in compliance with RPAPL § 1306, The tracking
`
`number provided by the New York State Department of Financial Services is NYS5466968,annexed
`
`hereto as Exhibit G.
`
`18,
`
`Upon information and belief, Plaintiff has complied with all conditions precedent
`
`and notice requirements contained in the Mortgage, if any.
`
`19,
`
`That in order to protect its security, the Plaintiff, or its agents, has paid or may be
`
`compelled during the pendency of this action te pay local
`
`taxes, assessments, water rates,
`
`insurance premiums and other charges affecting the Premises, and the Plaintiff requests that any
`
`sums thus paid by it for said purposes (together with interest thereon), should be added to
`
`the sum otherwise due and be deemed secured by the Mortgage and be adjudged a valid len on
`
`the Premises.
`
`20.
`
`Each of the above-named defendants have, or may claim to have, some interest in
`
`orlien upon the Premises or somepart thereof, which interest or lien, if any, has accrued subsequent
`
`to the hen of Plaintiff's Mortgage. Pursuant to the provisions of CPLR § 5203(a)(2) and/or RPAPL
`
`§ 1311, any such interests or liens are subject and subordinate to Plaintiffs Mortgage.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`“ERTLED: ONON
`TS57303510-43Pil
`
`NYSCEF DOC. NO.
`
`1
`
`
`INDEX NO. 002418/2022
`
`
`
`
`
`RECEENBBxNNGCESG2 A8/262024
`RECEIVED NYSCEF: 03/29/2022
`
`21.
`
`The named party defendants are described and set out with specificity in the
`
`annexed Schedule “B.”
`
`22.
`
`John Doe #1 through John Doe # 10 are fictitious and unknown to Plaintiff. They
`
`are named as defendants to designate any and all personsorparties, if any, having or claiming an
`
`interest in or lien upon the mortgage premises. They may be judgment creditors or may have, or
`
`claim to have a subordinate mortgage, or may be tenants/occupants, the possible interests of which
`
`are subordinate to the interest of Plaintiff herein.
`
`23.
`
`No other action or proceeding is now pending at
`
`law or otherwise for the
`
`foreclosure of the Mortgage or for the recovery of the sum evidenced by the Note or any part
`
`thereof.
`
`24.
`
` ~=Plaintiff requests that
`
`in the event
`
`that
`
`this action proceed to judgment of
`
`foreclosure and sale, the Premises shall be sold subject to the following:
`
`i.
`
`ii.
`
`iii.
`
`iv.
`
`v.
`
`vi,
`
`Any state of facts that an inspection of the Premises would disclose;
`
`Any state of facts that an accurate survey of the Premises would show;
`
`Covenants, restrictions, easements and public utility agreements, if any;
`
`Building and zoning ordinances of the municipality in which the mortgage
`
`premises are located and possible violations of same;
`
`Any rights of tenants in possession of the subject Premises;
`
`Any equity of redemption of the United States of America to redeem the premises
`
`within 120 days from the date of sale;
`
`vii.
`
`Prior mortgage liens of record, and any advances and arrears thereunder; and
`
`vii.
`
`Prior lien(s) of record,if any.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`g
`~
`-
`FILED: ONONDAGA COUNTY CLERK 03/20/200210:42PMRECEENBRxWSCHF408/2622024
`
`NYSCEF boc, NO.
`1
`RECEIVED N¥YSCEF: 03/29/2022
`
`INDEX NO. 002418/2022
`
`
`
` ECE
`
`
`
`
` i
`
`25.
`
`Plaintiff shall not be deemed to have waived, altered, released or changed the
`
`election hereinbefore made, by reason of any payment after the commencementofthis action, of
`
`any or all of the defaults mentioned herein, and such election shall continue and remain effective.
`
`eke KR AK
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`INDEX NO. 002418/2022
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`FILED: ONONDAGA COUNTY CLERK 037297202210:42pay9OPENERNOCNI02 d18/2622074
`
`NYSCEF Doc, No.
`1
`RECEIVED NYSCEF: 03/29/2022
`
`
`
`
`
`WHEREFORE, Plaintiff demands judgment, against the defendants as follows:
`
`a.
`
`That each and all of the defendants in this action, and any and all persons claiming
`
`by, through and under any of them, subsequent to the commencementof this action and the filing
`
`of the Notice of Pendency thereof in the Office of the County Clerk of ONONDAGA County in
`
`the State of New York, which is the county in which the Premises are located, may be forever
`
`barred and foreclosed of any andall right, title and interest, claim, lien and equity of redemption
`
`in the Premises;
`
`b.
`
`That a receiver of rents may be appointed without notice as provided in the
`
`mortgage, if requested;
`
`c.
`
`That the Court direct that the Premises can be sold according to law, in one parcel
`
`or otherwise as equity may require;
`
`That the monies arising from the sale of the Premises may be brought into Court;
`
`That the monies due to Plaintiff on the Note and Mortgage may be adjudged and
`
`d.
`
`e.
`
`computed;
`
`f.
`
`That Plaintiff may be paid the amount adjudged to be due on the Note and the
`
`Mortgage with interest at the time of such payment, together with any monies advanced and paid
`
`pursuant to any term of provision of the Note and Mortgage so as to protect the lien of the
`
`Mortgage, and together with taxes,
`
`insurance premiums and all other charges and liens paid
`
`thereon with interest upon said amount from the date of the respective payments and advances,
`
`together with all amounts due by virtue of statutory costs, allowances and attorney’s fees, together
`
`with any reasonable attorney’s fees over and above the amounts covered by the statutory attorney’s
`
`fees, together with the expenses of the sale insofar as the amount of such monies properly
`
`applicable thereto will pay the same; and
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`
`@)
`Q
`FILED: ONONDAGA COUNTY CLERK 03/29/202210:42PMRECEENBDx USCHID2 408/2022024
`RECRIVED NYSCEF: 03/29/2022
`NYSCEF Doc, NO.
`1
`
`INDEX NO. 002418/2022
`
`g.
`
`That Plaintiff be awarded reasonable attomey’s fees as provided in the Note and
`
`Mortgage, as well as the costs and disbursements ofthis action.
`
`Dated: March 29, 2022
`Old Brookville, New York
`
`THE FRANK LAW FIRM P.C.
`Attorneysfor Plaintiff, Atlantica, LLC
`
`By:
`
`
`s/Thomas J. Frank
`ThomasJ. Frank, Esq.
`333 Glen Head Road, Suite 145
`Old Brookville, New York 11545
`Tel:
`(516) 246-5577
`Fax:
`(516) 246-5597 (For court use only)
`Em:
` thomas@frankfirmpe.com
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`
`INDEX NO. 002418/2022
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`
`in)
`Q
`8
`FILED: ONONDAGA COUNTY CLERK 03/29/202210:42PMRECE ENBBx NOCRIb2498/2622024
`
`NYSCEF DOC. NG.
`L
`RECEIVED NYSCEF: 03/29/2022
`
`
`
`
`RCE
`
`CERTIFICATION BY ATTORNEY
`
`l, THOMASJ. FRANK,am an attorney duly admitted to practice law in the State of New
`
`York.
`
`| am a member of THE FRANK LAW FIRM P.C.,
`
`the attorneys for plaintiff
`
`ATLANTICA, LLC, in the above captioned civil action.
`
`LHEREBY CERTIFY,pursuant to Sec. 130-1.1-a of the Rules of the Chief Administrator
`
`(22 NYCRR),
`
`to the best of my knowledge,
`
`information, and belief, formed after inquiry
`
`reasonable underthe circumstances, that the presentation of the Summons and Complaintin this
`
`action, or the contentions therein, are not frivolous as defined in subsection (c) of Sec. 130-1.1 of
`
`the Rules of the Chief Administrator (22 NYCRR).
`
`Dated: March 29, 2022
`Olid Brookville, New York
`
`s/Thomas J. Frank
`THOMASJ. FRANK, ESQ.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`NY(FELED¢. ONONDAGA COUNTY CLERK 0372972022
`10:4
`l
`YSCEF DOC. NO,
`1
`G00K1 2555 PAteo-99
`
`INDEXNO.002418/2022
`
`
`
`RECEINGEX WOscBP2 4 8/222024
`RECEIVED NYSCEP] GS /29/p022
`|
`
`SCHEDULE A
`
`HARDTER
`
`ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY .OF SYRACUSE,
`COUNTY OF ONONDAGA AND STATE OF NEW YORK BOUNDED AND DESCRIBED
`AS FOLLOWS:
`.
`7
`
`KNOWN AND DISTINGUISHED AS THE WESTERLY THREE FEET, FRONT AND REAR,
`OZLOT NO. 5 AND THE EASTERLY TWENTY-NINE FEET, FRONT AND REAR, QF LOT
`~~-NO_4OFBLOCK’NO,625ACCORDING TO A MAP OF REIGEL TRACT SO CALLED.
`MADE BY R. GRIFFEN, C.E. AND FILED IN THE ONONDAGA COUNTY CLERK'S
`OFFICE APRIL 12, 1887.
`
`- DSBL# 028.-15-03.0
`
`THIS PROPERTY IS OR WILL BE IMPROVED BY A ONE OR TWO FAMILY DWELLING -
`ONLY.
`
`PRI/SZTO££POZANSZLI'GEEBLEZ
`
`
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`FITED: ONONDAGA COUNTY CLERK 03/39/2022
`10:42
`PM
`NYSCEF DOC. NO.
`1
`
`
`
`INDEX NO. 002418/2022
`
`
`
`
`
`
`RECE ENBPx NSCHR 49873622024
`RECEIVED NYSCEF:
`
`03/29/2022
`
`12555, Page 0292.
`
`SCHEDULEB - PARTY DEFENDANTS & INTERESTS
`
`DEFENDANTTYPE
`PARTY DEFENDANT
`
`NANCY HARDTER, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE ESTATE OF GEORGE
`1.
`HARDTER,JR., DECEASED,
`
`DONNA MCCLAIN, AS POTENTIALHEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE ESTATE OF GEORGE 1.
`HARDTER, JR., DECEASED
`
`RONALD HARDTER, AS POTENTIAL
`HEIR,
`EXECUTOR,
`DEVISEE,
`OR
`DISTRIBUTEE OF THE ESTATE OF
`GEORGE I. HARDTER,JR., DECEASED
`
`JEAN WESTFALL, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE ESTATE OF
`EUNICE A.
`HARDTER, DECEASED
`
`LAUREL HUFF, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE ESTATE OF
`EUNICE A.
`HARDTER, DECEASED
`
`LINDA O'NEILL, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF THE
`ESTATE OF
`EUNICE A,
`HARDTER, DECEASED
`
`LAWRENCE WILCOX, AS POTENTIAL
`HEIR,
`EXECUTOR,
`DEVISEE,
`OR
`DISTRIBUTEE OF THE ESTATE OF
`EUNICE A. HARDTER, DECEASED
`
`ROGER WILCOX, AS POTENTIAL HEIR,
`EXECUTOR, DEVISEE, OR DISTRIBUTEE
`OF
`THE ESTATE OF
`EUNICE A.
`HARDTER, DECEASED
`
`Jr.,
`I. Hardter,
`Potential heir of George
`mortgagor under the mortgage to Fleet National
`Bank. which was recorded in the Onondaga
`County Clerk’s Office on April 12, 2002,
`in
`Book No. 12555, Page 0292.
`Jr.,
`|. Hardter,
`Potential heir of George
`mortgagor under the mortgage to Fleet National
`Bank. which was recorded in the Onondaga
`County Clerk’s Office on April 12, 2002,
`in
`Book No. 12555, Page 0292,
`Jr.,
`|. Hardter,
`Potential
`heir of George
`mortgagor under the mortgage to Fleet National
`Bank. which was recorded in the Onondaga
`County Clerk’s Office on April 12, 2002,
`in
`Book No. 12555, Page 0292.
`Potential heir of Eunice A. Hardter, mortgagor
`under the mortgage to Fleet National Bank.
`which was recorded in the Onondaga County
`Clerk’s Office on April 12, 2002, in Book No.
`| 12555, Page 0292.
`Potential heir of Eunice A. Hardter, mortgagor
`under the mortgage to Fleet National Bank.
`which was recorded in the Onondaga County
`Clerk’s Office on April 12, 2002, in Book No.
`12555, Page 0292.
`Potential heir of Eunice A. Hardter, mortgagor
`under the mortgage to Fleet National Bank.
`which was recorded in the Onondaga County
`Clerk’s Office on April 12, 2002, m Book No.
`12555, Page 0292.
`Potential heir of Eunice A. Hardter, mortgagor
`under the mortgage to Fleet National Bank.
`which was recorded in the Onondaga County
`Clerk’s Office on April 12, 2002, in Book No.
`12555, Page 0292.
`Potential heir of Eunice A. Hardter, mortgagor
`under the mortgage to Fleet National Bank.
`which was recorded in the Onondaga County
`Clerk’s Office on April 12, 2002, in Book No.
`
`

`

`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 PM
`NYSCEF DOC. NO. 81
`
`INDEX NO. 002418/2022
`
`RECEIVED NYSCEF: 03/26/2024
`
`FILED: ONONDAGA COUNTY CLERK 03/26/2024 04:00 P
`NY CET CS - ON
`orn
`
`NYSCEF boc. NO.
`1
`
`
`INDEX NO. 002418/2022
`
`
`
`
`RECE INAR YNKSCEBR G2 MPa2Ry202 4
`RECEIVED NYSCEF: 03/29/2022
`
`NEW YORK STATE DEPARTMENT OF
`TAXATION AND FINANCE
`
`INTERNAL REVENUE SERVICE
`
` Potential lienor for estate tax.
`
`Potential lienor for estate tax.
`
`
`
`ANY AND ALL KNOWN OR UNKNOWN|Potential heir of George I. Hardter, Jr. and
`
`
`
`HEIRS, GRANTEES,|Eunice A. Hardter, mortgagors underDEVISEES, the
`
`
`ASSIGNEES,
`LIENORS,
`CREDITORS, mortgage to Fleet National Bank. which was
`
`
`TRUSTEES, AND ALL OTHER PARTIES|recorded in the Onondaga County Clerk’s Office
`
`
`CLAIMING
`AN
`INTEREST
`BY,
`;
`:
`THROUGH, UNDER OR AGAINST THE ae 12, 2002,
`in Book No. 12555, Page
`
`
`
`
`
`
`ESTATES OF GEORGE I. HARDTER,JR.
`AND EUNICE A. HARDTER, DECEASED
`JOHN DOE #1 through JOHN DOE #10
`
`Potential occupants or additional lien holders
`
`
`
`