SUMMONS, NOTICE AND BRIEF STATEMENT OF NATURE OF ACTION CONSUMER CREDIT TRANSACTION SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NIAGARA Index No. E156581/2015 M&T Bank, Plaintiff, -against- JESSICA GIBBS; AARON GIBBS; ERIK GIBBS a/k/a ERIC GIBBS; TAMMY GIBBS; TINA NICOMETI a/k/a TINA GIBBS; TIMOTHY GIBBS; ALAN GIBBS; RONALD GIBBS; ALL UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF RONALD W. GIBBS AND ANY OF HIS SUCCESSORS IN RIGHT, TITLE AND INTEREST; et al., Defendants. TO THE DEFENDANT(S): ALL UNKNOWN HEIRS, DEVISEES AND PERSONAL REPRESENTATIVES OF RONALD W. GIBBS AND ANY OF HIS SUCCESSORS IN RIGHT, TITLE AND INTEREST YOU ARE HEREBY SUMMONED and required to serve upon plaintiff's attorneys an answer to the complaint in this action within twenty (20) days after the service of this Summons, exclusive of the day of service, or within thirty (30) days after service is complete if the Summons is not personally delivered to you within the State of New York. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to answer, judgment will be taken against you for the relief demanded in the complaint. Trial is desired in the County of NIAGARA. The basis of venue designated above is that the real property, which is the subject matter of this action, is located in the County of NIAGARA, New York. 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 RESPOND BY SERVING A COPY OF THE ANSWER ON THE ATTORNEY FOR THE PLAINTIFF (MORTGAGE COMPANY) AND FILING THE ANSWER WITH THE COURT. The foregoing Summons is served upon you by publication pursuant to an order of Hon. Frank Caruso, Justice of the Supreme Court of the State of New York, signed on the 3rd day of January, 2017 in Niagara Falls, New York and to be duly entered in the NIAGARA County Clerk's Office, in Niagara Falls, New York. The Nature of this action pertains to a note and mortgage held by Plaintiff on real property owned by the above named defendants as specified in the complaint filed in this action. The above named defendants have failed to comply with the terms and provisions of the said mortgage and said instruments secured by said mortgage, by failing and omitting to pay the balance due and owing and the Plaintiff has commenced a foreclosure action. Plaintiff is seeking a judgment foreclosing its mortgage against the real property and premises which situates in the Town of Royalton, County of Niagara and State of New York and is commonly known as 9354 Griswold Street, Akron, New York 14001 and all other relief as to the Court may seem just and equitable. DATED: January 13, 2017 SCHILLER, KNAPP, LEFKOWITZ&HERTZEL, LLP BY: WILLIAM B. SCHILLER, ESQ. Attorneys for Plaintiff 950 New Loudon Road Latham, New York 12110 Telephone: (518) 786-9069 #NL193176 1/23,30, 2/6,13/2017
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