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J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al

Docket 008913/2024, New York State, Onondaga County, Supreme Court (Aug. 29, 2024)
Case TypeReal Property - Mortgage Foreclosure - Residential
TagsReal Property, Mortgage Foreclosure, Residential
Plaintiff J.P. Morgan Mortgage Acquisition Corp.
Defendant Kelley Kitterle a/k/a Kelley Leahy
Defendant Lynzi Castrello
...
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ORDER ( PROPOSED ) (Motion #1)

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 34 (N.Y. Sup. Ct., Onondaga County Jan. 2, 2025)
Granting Plaintiff permission to issue, file and serve a Supplemental Summons, Amended Complaint and Amended Notice of Pendency, and Permitting plaintiff to serve defendant Kaelynn Kitterle as Heir to the
Complaint to be effectuated by first class mail upon all other parties entitled to service, and e) Granting plaintiff an extension of time to effect service of the amended pleadings, pursuant to CPLR §306-b, and f) Deeming all non-appearing defendants to be in default; and Adding Michael Nesci and Gavin Leahy in place and stead of John
and the said Motion having regularly come on to be heard on ___________________ and no appearance having been required or made by the attorneys for the parties herein and upon submission and due deliberation having been had thereon NOW, upon reading and filing the affirmation of Karen Sheehan dated December 27, 2024, the Summons, Complaint and Notice of Pendency of action filed in the Office of the Clerk of Onondaga County on August 29, 2024 from which it appears that this is an action to foreclose a mortgage on 213 Slawson Drive, Camillus, NY 13031; AND proof that each of the defendants herein has been duly served with the Summons and Complaint in this action and required notices except for Kaelynn Kitterle and Kyle Kitterle’s unknown heirs, AND it appearing that the defendants’ time to answer the complaint has expired; and NOW, on the motion of Frenkel, Lambert, Weiss, Weisman & Gordon, LLP, attorneys for the plaintiff herein, it is ORDERED that Lynzi Castrello, New York State Department of Taxation and Finance, B.K, R.K, K.K, United States of America-Internal Revenue Service, Michael Nesci and Gavin Leahy, are determined to be in default; and it is further ORDERED, that this action be discontinued against the defendants "JOHN DOE #3" through "JOHN DOE #10" and that Michael Nesci and Gavin Leahy be substituted as party defendants in the place and stead of the defendants "JOHN DOE #1" through "JOHN DOE #2 respectively and that the caption of this action be amended accordingly; and it is further ORDERED, that the plaintiff be and hereby is granted leave to issue, file and serve, where required, the annexed Supplemental Summons, Amended Complaint, and Amended Notice of Pendency, and that the caption of this action is hereby amended to conform with the
caption as shown on said Supplemental Summons without prejudice to any of the proceedings heretofore had herein; and it is further ORDERED, that the service of the Supplemental Summons in this action upon the defendants Kaelynn Kitterle and also upon Kyle Kitterly’s unknown heirs, if living, and if he/she be dead, his/her respective heirs-at-law, next of kin, distributees, executors, administrators, trustees, devisees, legatees, assignees, lienors, creditors and successors in interest, and generally all persons having or claiming under, by or through said defendants who may be deceased, by purchase, inheritance, lien or otherwise, any right, title or interest in and to the premises described in the Complaint herein, be made by publication of said supplemental Summons in two (2) newspapers, at least One in the English language, hereby designated as most likely to give notice to the said defendants, viz: in the published in County, State of New York and in the , published in County, State of New York, together with a notice to the defendant, containing a brief statement of the nature of this action and the relief sought and a brief description of the property, once in each week of four successive weeks; and it is further ORDERED, that the Supplemental Summons, Amended Complaint, Amended Notice of Pendency and the papers on which this order is based be filed on or before the first day of publication and that the first publication be made no later than 60 days after the date of entry of this Order; and it is further ORDERED, that the period for the plaintiff to effect service of the Supplemental Summons and Amended Complaint is hereby extended, pursuant to the provisions of CPLR §306-b, to 120 days beyond the first day of publication directed by this Order; and it is further ORDERED, that the Supplemental Summons and Amended Complaint herein be delivered on behalf of defendant Kaelynn Kitterle and the unknown heirs and distributees of the estate of Kyle A. Kitterle a/k/a Kyle Kitterle, who may be served herein by publication pursuant to this Order, to , counselor-at-law, with an address at , telephone number ( ) , who is hereby authorized, empowered and designated to appear herein as Guardian ad Litem and Military Attorney on behalf of any of the said defendants who may be absentees, infants or incompetents, or unknown successors in interest of defendants who may be deceased, or defendants who may be in the military service, and to
protect and defend interests of said defendants in the action upon filing his acknowledged consent and qualifying affidavit; and it is further ORDERED, that said Guardian ad Litem and Military Attorney shall also act for said defendants should they be in default or be in the military service of the United States of America, and is hereby authorized and appointed for the purpose of representing them and protecting their interest in this action pursuant to the provisions of the Soldiers’ and Sailors’ Civil Relief Act and Military Law of 1940, as amended, and the Military Laws of the State of New York; and it is further ORDERED, that the Guardian appointed herein shall be paid $_______ upon the filing of a notice of appearance on behalf of the ward(s) and provision shall be made in the judgment of foreclosure and sale for an additional fee, payable upon transfer of title.
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LETTER / CORRESPONDENCE TO JUDGE (Motion #1) Letter withdrawing Motion Sequence #1

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 47 (N.Y. Sup. Ct., Onondaga County Jan. 15, 2025)
FRENKELLAMBERTWEISSWEISMAN& GORDON,LLP January 15, 2025 Chambers of the Hon.
Deborah H. Karalunas Onondaga County Supreme Court, 401 Montgomery Street, Room 401 Syracuse, NY 13202
Deborah H. Karalunas, Our firm represents the above-referenced plaintiff.
Given the judgment of divorce and recorded quit claim deed attached to the affidavit of Dana F. Grillo Esq., Plaintiff respectfully requests that Motion Sequence #1 be marked as withdrawn, without prejudice.
Should you require additional information or have any questions, please contact the undersigned.
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AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 46 (N.Y. Sup. Ct., Onondaga County Jan. 14, 2025)
the deponent is not a party to I, Danielle Gladstone being duly sworn, deposes and says: that in County, NewYork.
is over eighteen years of age and resides the action, OnJanuary 14, 2025, deponent served the within
for Kelley Kitterle Attorney Served via NYSCEF correspondence on a/k/a Kelley Leahy Lynzi Castrello 406 Yale Ave Syracuse, NY13219 NewYork State Department of Taxation and Finance W.A.
9 Albany, NY12227 to the Estate of Kyle A. Kitterle B. K., as Heir C/O Kelley Leahy 213 Slawson Drive, Camillus, NY13031 to the Estate of Kyle A. Kitterle R. K., as Heir C/O Kelley Leahy 213 Slawson Drive, Camillus, NY13031 to the Estate of Kyle A. Kitterle K. K., as Heir C/O Krista Mann 5470 State Highway 55 Bridge, NY13528 Palatine a/k/a Kyle Kitterle a/k/a Kyle Kitterle a/k/a Kyle Kitterle United States of America - Internal Revenue Service
Michael Nesci, sha John Doe #1 213 Slawson Drive, Camillus, NY13031 Gavin Leahy, sha John Doe #2 213 Slawson Drive, Camillus, NY13031 The above parties were served by depositing a true copy of same enclosed in a post-paid properly under the exclusive care and custody of the addressed wrapper, in a post office-official depository the State of NewYork or by NewYork State Courts Electronic United States Postal Service within
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LETTER / CORRESPONDENCE TO JUDGE (Motion #1) adjournment letter

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 45 (N.Y. Sup. Ct., Onondaga County Jan. 14, 2025)
Onondaga County Clerk, Re: J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle and Kyle Kitterle, et al. Our File No.: 01-100072-F00 Index No.: 008913/2024 Dear Sir/Madam: This firm represents the above-referenced Plaintiff.
Please be advised that the Motion for Judgment of Foreclosure and Sale has been administratively adjourned to February 19, 2025 at 10:00 a.m., and will be held at the ONONDAGA County Supreme Court, before Judge Deborah H. Karalunas.
Very truly yours, Frenkel, Lambert, Weiss, Weisman & Gordon, LLP
Attorney for Kelley Kitterle a/k/a Kelley Leahy Served via NYSCEF Lynzi Castrello 406 Yale Ave Syracuse, NY 13219 New York State Department of Taxation and Finance W.A.
Michael Nesci, sha John Doe #1 213 Slawson Drive, Camillus, NY 13031 Gavin Leahy, sha John Doe #2 213 Slawson Drive, Camillus, NY 13031
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EXHIBIT(S) - A (Motion #1) Copy of 2007 Warranty deed

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 40 (N.Y. Sup. Ct., Onondaga County Jan. 6, 2025)
,...............................,, WARNING- This constitutes the Clerk's sheet by Section endorsement, re ired the Real Property of New York.
being part of Lot 37 ofthe Onondaga Reservation and being Lot 7 of Brookside Park Tract as shown on.a mapthereof madeby A. Ray @lolmes and filed in the OnondagaCounty Clerks Othee on September I2, 1960 as .
Onthe l, dayof August, in the year 2007, before me, the undersigned, a notary in and for public known to meor proved to meon the basis of appeared Timothy J. Perry said State.
In Ononda a C u Qualified 1 27/ 0 CommissionExpires day of August, On the in the year 2007, before me, the undersigned, a notary public in and for known to meor proved to meon the basis of appeared Catherine E. Perry personally said State.
personally evidence to be the individual whosenameis subscribed to the within satisfactory and instrument acknowledged to methat she executed the-same in her cap 'tv.
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41

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 41 (N.Y. Sup. Ct., Onondaga County Jan. 6, 2025)

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42

Document J.P. Morgan Mortgage Acquisition Corp. v. Kelley Kitterle et al, 008913/2024, 42 (N.Y. Sup. Ct., Onondaga County Jan. 6, 2025)

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