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SECOND SUPPLEMENTAL SUMMONS IN...

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SECOND SUPPLEMENTAL SUMMONS Index No. 2014-665 STATE OF NEW YORK SUPREME COURT COUNTY OF OTSEGO GREEN TREE SERVICING LLC, Plaintiff, -vs. THE HEIRS AT LARGE OF RALPH D. AHNE A/K/A RALPH AHNE, deceased, and all persons who are husbands, widows, grantees, mortgagees, lienors, heirs, devisees, distributees, successors in interest of such of them as may be dead, and their husbands and wives, heirs, devisees, distributees and successors of interest of all of whom and whose names and places are unknown to Plaintiff; DANIEL AHNE, ROBERT AHNE, DANIELLE AHNE, JEFF AHNE AND PAUL AHNE, AS POSSIBLE HEIRS TO THE ESTATE OF RALPH D. AHNE A/K/A RALPH AHNE; MIDLAND FUNDING LLC; UNITED STATES OF AMERICA; NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE; JOHN DOE AND JANE DOE said names being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, Defendants. Mortgaged Premises: 163 COUNTY HIGHWAY 56, SCHENEVUS, NY 12155. TO THE ABOVE NAMED DEFENDANT(S): YOU ARE HEREBY SUMMONED to answer the Complaint in the above entitled action and to serve a copy of your Answer on the plaintiff s attorney within twenty (20) days of the service of this Summons, exclusive of the day of service, or within thirty (30) days after service of the same is complete where service is made in any manner other than by personal delivery within the State. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service. Your failure to appear or answer will result in a judgment against you by default for the relief demanded in the Complaint. In the event that a deficiency balance remains from the sale proceeds, a judgment may be entered against you unless the defendant obtained a bankruptcy discharge and such other or further relief as may be just and equitable. 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 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. That this action is being amended to include the Heirs of Ralph D. Ahne a/k/a Ralph Ahne, deceased, and Robert Ahne, Daniel Ahne, Danielle Ahne, Jeff Ahne and Paul Ahne, as possible heirs to Ralph D. Ahne a/k/a Ralph Ahne, deceased. That this action is also being amended to include New York State Department of Taxation and Finance and United States of America as necessary parties to the action. Dated: February 3, 2015 /s/_________________ Mark K. Broyles, Esq. FEIN SUCH&CRANE, LLP Attorneys for Plaintiff Office and P.O. Address 28 East Main Street, Suite 1800 Rochester, New York 14614 Telephone No. (585) 232-7400 Section: 245.00 Block: 1 Lot: 52.21 NATURE AND OBJECT OF ACTION The object of the above action is to foreclose a mortgage held by the Plaintiff recorded in the County of OTSEGO, State of New York as more particularly described in the Complaint herein. TO THE DEFENDANT, the plaintiff makes no personal claim against you in this action. To the above named defendants: The foregoing summons is served upon you by publication pursuant to an order of the Hon. Michael V. Coccoma, a Justice of the Supreme Court of the State of N.Y., dated March 5, 2015 and filed along with the supporting papers in the Otsego County Clerk s Office. This is an action to foreclose a mortgage. The premises is described as follows: All that tract or parcel of land situate, lying and being on both sides of County Road # 56 in the Town of Maryland, Otsego County, New York, bounded and described as follows: Beginning at a point in the center line of County Road # 56 where the premises herein conveyed join the lands now or formerly of Patrick C. and Mildred Rooney (L549 P597); thence running along the center line of County Road # 56 the following courses and distances: S. 11 degrees 00'38"E., 37.71 feet to a point; S. 15 degrees 53' 52"E., 39.64 feet to a point; S. 23 degrees 06'01"E., 37.52 feet to a point; S. 30 degrees 18'13"E., 13.67 feet to a point where to the premises herein conveyed joint the lands now or formerly of James Figary and Suzanne Arnold (L731 P51); thence running along the lands of Figary and Arnold, and essentially along a wire fence line and hedgerow, the following two courses and distances: N. 38 degrees 58'07"W., 454.33 feet to a point N. 65 degrees 12'12"W., 181.86 feet to a 5/8 iron rod; thence running N. 78 degrees 18'17"E., on a new division line, 377.89 feet to a point in the center line of County Road # 56; thence running on new division lines through the lands of Frie, the following eight (8) courses and distances: N. 83 degrees 05'42"E., through a 5/8 iron rod set 25.09 feet from the center line of County Road # 56, 36.64 feet to a point at a maple tree; S. 51 degrees 37'16" E., 23.31 feet to a point at another maple tree; S. 89 degrees 30'24"E., 37.17 feet to a 5/8 iron rod set; N. 59 degrees 10'48"E., 69.17 feet to a 5/8 iron rod set along the edge of a pond; N. 32 degrees 26'08"W., along the edge of the pond, 68.60 feet to a point; N. 08 degrees 05'40"E., continuing along the edge of the pond, 16.38 feet to a point; N. 35 degrees 49'01"E., continuing along the edge of the pond, 23.12 feet to a 5/8 iron rod set; N. 14 degrees 01'43"W., 60.11 feet to a 1 1/2 iron pipe found in the southerly bounds of the lands now or formerly of Lucy Mickle (L614 P623); thence running along the lands of Mickle the following two courses and distances: S. 77 degrees 27'08"E., 263.50 feet to a large stump found; S. 89 degrees 36'32"E., 200.11 feet to a found iron rod where the premises herein conveyed join the lands now formerly of Patrick C. and Mildred Rooney (L549 P597); thence running along the lands of Rooney, the following three (3) courses and distances: S. 50 degrees 42'10"E., 629.53 feet to a found iron rod at the face of a granite monument; S. 04 degrees 02'28"E., 95.70 feet to a point at a corner; S. 89 degrees 34'29"W., 1,026.26 feet to the point or place of beginning, containing 11.212 acres, more or less. Excluding all that part of the above parcel which lies on the westerly side of County Road No. 56 and being 1.12 +/- acres on which there is presently located a house and a barn and which land abuts the property now or formerly owned by James Figary and Suzanne Arnold as shown on Survey and Subdivision Map of Lands of Richard W. and June M. Frie dated March 28, 1990. Premises known as 163 County Highway 56, Schenevus, N.Y. 12155.

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