RETURN DATE: MAY 20, 2014 SUPERIOR COURT FIRST NIAGARA ...
RETURN DATE: MAY 20, 2014
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014 COMPLAINT
1.
The Plaintiff, First Niagara Bank, N.A. (the "Bank"), has a place of business
located at 195 Church Street, New Haven, Connecticut 06510. 2.
The Defendant, Vita Bella, LLC ("Vita Bella"), is a Connecticut limited liability
company with a principal place of business located at 205 Wallace Street, New Haven, Connecticut 06511. 3.
The Defendant, Abcon Environmental, Inc. ("Abcon"), is a Connecticut
corporation with a principal place of business located at 205 Wallace Street, New Haven, Connecticut 06511. 4.
The Defendant, United States of America, Department of the Treasury Internal
Revenue Service, is a bureau of the Department of the Treasury with a principal place of business located at 1111 Constitution Avenue, NW, Washington, D.C. 20224 and/or 950 Pennsylvania Avenue NW, Washington, D.C. 20530.
5.
Pursuant to a judgment entered in the matter of First Niagara Bank, N.A. v.
Abeon Environmental, Inc., Connecticut Superior Court, Judicial District of New Haven, Docket No. CV 1-6022086-S (the "Judgment"), Abcon and judgment debtor Joanna M. Sergi ("Sergi") are jointly and severally indebted to the Bank in the principal amount of Three Hundred ThirtyNine, Seven Hundred Thirty-Eight and 85/100 Dollars ($339,738.85). 6.
The Defendant, Vita Bella, guaranteed Abcon’s payment of the debt under the
Judgment by virtue of a certain unconditional Guaranty dated and executed March 15, 2012 (the "Guaranty"). A copy of the Guaranty is attached hereto as Exhibit A and made a part hereof. 7.
To secure the Guaranty, Vita Bella granted to the Bank an Open-End Commercial
Mortgage Deed and Security Agreement dated March 15, 2012 (the "Mortgage"), on real property commonly known as 205 Wallace Street, New Haven, Connecticut 06511 (the "Mortgaged Premises"), which Mortgage was recorded on March 26, 2012, in Volume 8808 at Page 193 of the New Haven Land Records. A copy of the Mortgage is attached hereto as Exhibit B and made a part hereof. 8.
The Bank is the owner and holder of the Guaranty and Mortgage.
9.
Despite demand, Abcon has failed to pay the judgment debt due under the
Judgment and Vita Bella also has failed to pay the judgment debt due under the Judgment. 10.
As a result, Vita Bella is in default of the Guaranty for failure to pay all sums due
thereunder, and the Bank has exercised its right to demand payment in full of the entire outstanding principal/debt due and payable, together with interest accrued thereon, late charges, and such other charges, costs or expenses, including, without limitation, reasonable attorney’s fees and expenses. 11.
Despite demand made, there is now due and payable to the Bank the principal
sum of Two Hundred Ninety Eight Thousand, Four Hundred Thirty and 68/100 Dollars
($298,430.68) under the Guaranty, plus interest and late charges, any other charges, costs and expenses, together with the costs and expenses of this action including reasonable attorney’s fees. 12.
The Mortgaged Premises is subject to the following liens and encumbrances
which are prior in right to the Mortgage and are not affected by this action: (a) The Greater New Haven Water Pollution Control Authority claims or may claim an interest in the Mortgaged Premises by virtue of a lien in the amount of $98.80, dated September 30, 2013 and recorded September 30, 2013 in Sewer Lien Books of the New Haven Land Records. (b) A mortgage from Joanna M. Munzu to NewAllianceBank in the original principal sum of $240,000.00, dated January 13, 2005, and recorded on January 18, 2005, in Volume 7068 at Page 8 of the New Haven Land Records. (c) A conditional assignment of leases and rentals from Joanna M. Munzu to NewAlliance Bank, dated January 13, 2005, and recorded on January 18, 2005, in Volume 7068 at Page 21 of the New Haven Land Records. (d) A UCC- 1 filing from debtor Joanna M. Munzu to secured party NewAlliance Bank, not dated, but recorded on January 18, 2005, at Volume 7068 at Page 26 of the New Haven Land Records. (e) A Lis Pendens dated June 14, 2011 and recorded on June 20, 2011, in Volume 8700 at Page 281 of the New Haven Land Records. (1) The City of New Haven claims or may claim an interest in the Mortgaged Premises by virtue of an inchoate tax lien pursuant to the law for unpaid real property taxes that may be due and owing. (g) Such water and sewer charges that may be due and owing.
(h) those certain rights of way to pass and repass as of record in a deed dated and recorded on January 7, 1971, in Volume 2403 at Page 172 of the New Haven Land Records. 13.
The Mortgaged Premises is subject to the following liens or encumbrances which
are subsequent and subordinate in right to the Mortgage being foreclosed herein: (a) The Defendant, United States of America, Department of the Treasury Internal Revenue Service, claims or may claim an interest in the Mortgaged Premises by virtue of a Tax Lien dated February 27, 2013 and recorded on March 13, 2013 in Volume 8960 at Page 154 of the New Haven Land Records, claiming a federal tax lien against Abcon in the principal amount of $45,938.32. A copy of said federal tax lien is attached hereto as Exhibit C and made a part hereof. (b) The Defendant, United States of America, Department of the Treasury Internal Revenue Service, claims or may claim an interest in the Mortgaged Premises by virtue of a Tax Lien dated May 16, 2013 and recorded on May 29, 2013, in Volume 8995 at Page 20 of the New Haven Land Records, claiming a federal tax lien against Abcon in the principal amount of $41,317.65. A copy of said federal tax lien is attached hereto as Exhibit D and made a part hereof. (c) The Defendant, Abcon Environmental, Inc., claims or may claim an interest in the Mortgaged Premises by virtue of its occupancy of or any leasehold interests in the same, which interest(s) are subsequent in right and subordinate to the Mortgage. 14.
The Bank has been damaged as a result of Vita Bella’s failure to pay the sums due
under the Guaranty.
15.
Vita Bella is the owner of the Mortgaged Premises and Vita Bella together with
Abcon are in possession of the same.
WHEREFORE, the Plaintiff claims: A judgment of strict foreclosure of the Mortgage; 2.
Immediate possession of the Mortgaged Premises;
3.
Money damages, including a deficiency judgment against VITA BELLA, LLC, except as to any party who may have been discharged in bankruptcy;
3.
Costs and expenses, including reasonable attorney’s fees incurred in connection with this action, except as to any party who may have been discharged in bankruptcy; and
3.
Such other relief as in law or in equity may appertain.
NOTICE: A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED AND WHO HAS (FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO THE COMMENCEMENT OF THIS FORECLOSURE ACTION) OWNED AND OCCUPIED THE PROPERTY BEING FORECLOSED AS SUCH PERSON’S PRINCIPAL RESIDENCE, MAY BE ENTITLED TO CERTAIN RELIEF PROVISIONS UNDER CONNECTICUT GENERAL STATUTES § 49-31d THROUGH § 49-311. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER THESE STATUTES. THESE STATUTES REQUIRE THAT IF PROTECTION IS DESIRED, AN APPLICATION FOR RELIEF MUST BE FILED WITHIN TWENTYFIVE (25) DAYS OF THE RETURN DATE.
Dated at New Haven, Connecticut this 10th day of April, 2014. THE PLAINTIFF, FIRST NIAGARA BANK2N.A.
A. Ciarleglio Duffy & Segaloff, P.C. Its Please enter the appearance of Philip G. Kent, Esq. Susman, Duffy & Segaloff, P.C. P. 0. Box 1684 New Haven, CT 06507-1684 (203) 624-9830 Juris #62505 For the Plaintiff.
RETURN DATE: MAY 20, 2014
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE
APRIL 10, 2014
AMOUNT IN CONTROVERSY The amount in controversy is greater than $2,500.00, exclusive of interest and costs.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
Mathe4’ A. Ciarleglio Sumati, Duffy & Segaloff, P.C. Its Attorneys
RETURN DATE: MAY 20, 2014
:
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
:
J. D. OF NEW HAVEN
VS.
:
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE
:
APRIL 10, 2014
CERTIFICATION OF THE EXHIBITS Copies of Exhibits A through D will be served upon each appearing party upon receipt of notice their appearance.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
Matt1Œw/A. Ciarleglio Susmhn,t-Duffy & Segaloff, P.C. Its Attorneys
I:\Client E-F\First Niagara Bank\Abcon Environmental\Draft Foreclosure Complaint 3.21. 14.docx
RETURN DATE: MAY 20, 2014
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014 NOTICE
The following notice is provided pursuant to the Fair Debt Collection Practices Act: THIS IS AN EFFORT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The amount of debt you owe to the above-captioned Plaintiff, excluding interest, attorneys’ fees and expenses, late charges, any escrow advances, other charges, and costs of collection incurred to date is: TOTAL: $298,430.68
Unless you, within thirty (30) days after receipt of this notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by this office. If you notify this office in writing within the thirty-day period that the debt, or any portion thereof, is disputed, this office will obtain a verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by this office.
SUSMAN, DUFFY & SEGALOFF, P.C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 62505
Upon your written request within the thirty-day period, this office will provide you with the name and address of the original creditor, if different from the current creditor.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
A. Ciarleglio Duffy & Segaloff, P.C. Its
l.\ClintE-F\Fu,t Nigm Bak\Abco Em rormEmEEmDtht NoEc4 10 14 doc
-2SUSMAN, DUFFY & SEGALOFF, P.C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 62505
Receipt I 59433
I
VOL 9132 PG 336 04/11/2014 11:34:16 AM 3 Pages LIS PENDENS
lnstr# 201403389
Michael B. Smart City Clerk
OP CORD, DAT!D AT IN THE NBW HAVEN LO . lEW AVtE T ThIS RE,co§bt@
RETURN TO:
jj_JAY.
Joseph E. Faughnan, Esq. Susman, Duffy & Segaloff, P.C. 59 Elm Street, 5th Floor New Haven, CT 06510
9JJ’
I ..’ RETURN DATE: MAY 20, 2014
/
FIRST NIAGARA BANK, N.A.
J D OF I’E\V HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014
NOTICE OF LIS PENDENS
Notice is hereby given of the pendency of a civil action brought by Plaintiff FIRST NIAGARA BANK, N.A. (the "Plaintiff’) against Defendants VITA BELLA, LLC, ABCON ENVIRONMENTAL, INC., and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE (the "Defendants") by writ dated April 10, 2014, returnable to the Superior Court to be held at 235 Church Street, New Haven, Connecticut 06510 within and for the Judicial District of New Haven at New Haven on May 20, 2014, which action is brought seeking a judgment of foreclosure of a certain mortgage affecting property located at 205 Wallace Street, New Haven,
SUSMAN, DUFFY & SEGALOFF, P. C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 062505
Connecticut 06511 (the "Mortgaged Premises"). Furthermore, the Plaintiff,sceJ&ilimtkeflate -: possession of the Mortgaged Premises, money damages, including a deficincyjuctmnt (Ł,cept as to any party who may have been discharged in bankruptcy), costs and xpenses % incl1Jdinl reasonable attorney’s fees incurred in connection with this action (except.’ ,,
any party who
may have been discharged in bankruptcy), and such other relief as in law or equity may appertain. The Mortgaged Premises affected by said action are more particularly described on Schedule A, attached hereto and made a part hereof:
Dated at New Haven, Connecticut this 10th day of April, 2014.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
an
LE.F G.K Matthew % Ciarleglio SUSMAN-DUFFY & SEGALOFF, P.C. Its Attorneys
SUSMAN, DUFFY & SEGALOFF, P. C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 062505
A
C.
1
/
PjUttat cern pleceor parcel of land, with the buildings and bprvments thereon, Awted in .the Cty and county New Haven and $bte of Connedicut, being more partfwlart’ desafled 85 follows, to wrt Beginning at a pdkt on the eastedy street One of Wallace $beet, said pltt b1ifthrfy distant four hundred sbty three and seventy three one-hundredths (46173) entTe lnrseon of said easterly street line of Wallace Street with the notherly treet Pntof Grand, ’ Avenue, when measured along the said easterly stTeethneofWARM Sireet Thence proceeding northerly .fn a straight One along the easterly street line of WaJlaceS a d7st of on hundred thirty and no one-hunCredths (130 00) ieet w a ppmt bng the southweslriy corner of of DeMusls BrotheI5, Inc., .................................. ........ .. Thenca proceeding east&y along the southerly Me of land of DeMUSIS Brothcm, Thc. In a straight fine which makes an Interior angle of ninety (U) degrees, twenty four (24) minutes and fty two (52) seconds with the last descrlbed fine, e distance at one hundred forty one and . twenty sixone-hundredths (14126)ft Thence proceeding .souttiedy In a 5traight find which tnekasan Interior angle of eighty nine (8) degrees, forty seven (47)mlnutea and, thirty four (34) seconds with the last dcnbed Ine, distance of one hundred thirty iM no onehundredUis (130.00) feet; Thence proceeding westerly In a sba!ght The which makes an Interior angle of ninety (90) degrees, bwive (12) minutes and twenty six (26) seconds with the last desoibed line, a distance oorTe hundred thrty one and seventy three one-hundredths (141.73) feet to the point of beginning, said line malting an interior angle of eighty nine (99) degrees, thirty live (3.) minutes and eIght (8) seconds with the easterly sheet line of Wallace Street,
Said above Omrrftd piece or parcel of land being bounded:
WTRLY NORTHERLY." E$TERLY and SOUThERlY;
by Wahos Street; by land of DeMsis 8mthets Inc; , by land now or formerly of theOtyNaw Haven.
-
Reference If hereby rnde tea map made by Clarence 81* Assodat, Inc.; Cvii 8iglneeriªnd c-i-u Wooster Square Suyere of New Haven; Redevelopment and Renewal PmJect New haven, CcnnUcif scale r = 40’, dated March 1, 196Z. ,.. ,,
Together with rights of way to pass and rep* for ti ptipose of providing the users of the property desIbed above with means of lns and egress lo and from east Stvd bo and from parking and loading spaca an the said property, vAT portions of the land abutting the said
propty on the east the sId portions being mare particularly bouided and descilbed In a deed from S.’Rasftha& Sans, Incorporated to Martin Woflnsky, at at dated lazivary 7, 1971 and reconded in Volume 2403 Page 172 of the New U8ven Land Recons
’;
t...
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014 COMPLAINT
1.
The Plaintiff, First Niagara Bank, N.A. (the "Bank"), has a place of business
located at 195 Church Street, New Haven, Connecticut 06510. 2.
The Defendant, Vita Bella, LLC ("Vita Bella"), is a Connecticut limited liability
company with a principal place of business located at 205 Wallace Street, New Haven, Connecticut 06511. 3.
The Defendant, Abcon Environmental, Inc. ("Abcon"), is a Connecticut
corporation with a principal place of business located at 205 Wallace Street, New Haven, Connecticut 06511. 4.
The Defendant, United States of America, Department of the Treasury Internal
Revenue Service, is a bureau of the Department of the Treasury with a principal place of business located at 1111 Constitution Avenue, NW, Washington, D.C. 20224 and/or 950 Pennsylvania Avenue NW, Washington, D.C. 20530.
5.
Pursuant to a judgment entered in the matter of First Niagara Bank, N.A. v.
Abeon Environmental, Inc., Connecticut Superior Court, Judicial District of New Haven, Docket No. CV 1-6022086-S (the "Judgment"), Abcon and judgment debtor Joanna M. Sergi ("Sergi") are jointly and severally indebted to the Bank in the principal amount of Three Hundred ThirtyNine, Seven Hundred Thirty-Eight and 85/100 Dollars ($339,738.85). 6.
The Defendant, Vita Bella, guaranteed Abcon’s payment of the debt under the
Judgment by virtue of a certain unconditional Guaranty dated and executed March 15, 2012 (the "Guaranty"). A copy of the Guaranty is attached hereto as Exhibit A and made a part hereof. 7.
To secure the Guaranty, Vita Bella granted to the Bank an Open-End Commercial
Mortgage Deed and Security Agreement dated March 15, 2012 (the "Mortgage"), on real property commonly known as 205 Wallace Street, New Haven, Connecticut 06511 (the "Mortgaged Premises"), which Mortgage was recorded on March 26, 2012, in Volume 8808 at Page 193 of the New Haven Land Records. A copy of the Mortgage is attached hereto as Exhibit B and made a part hereof. 8.
The Bank is the owner and holder of the Guaranty and Mortgage.
9.
Despite demand, Abcon has failed to pay the judgment debt due under the
Judgment and Vita Bella also has failed to pay the judgment debt due under the Judgment. 10.
As a result, Vita Bella is in default of the Guaranty for failure to pay all sums due
thereunder, and the Bank has exercised its right to demand payment in full of the entire outstanding principal/debt due and payable, together with interest accrued thereon, late charges, and such other charges, costs or expenses, including, without limitation, reasonable attorney’s fees and expenses. 11.
Despite demand made, there is now due and payable to the Bank the principal
sum of Two Hundred Ninety Eight Thousand, Four Hundred Thirty and 68/100 Dollars
($298,430.68) under the Guaranty, plus interest and late charges, any other charges, costs and expenses, together with the costs and expenses of this action including reasonable attorney’s fees. 12.
The Mortgaged Premises is subject to the following liens and encumbrances
which are prior in right to the Mortgage and are not affected by this action: (a) The Greater New Haven Water Pollution Control Authority claims or may claim an interest in the Mortgaged Premises by virtue of a lien in the amount of $98.80, dated September 30, 2013 and recorded September 30, 2013 in Sewer Lien Books of the New Haven Land Records. (b) A mortgage from Joanna M. Munzu to NewAllianceBank in the original principal sum of $240,000.00, dated January 13, 2005, and recorded on January 18, 2005, in Volume 7068 at Page 8 of the New Haven Land Records. (c) A conditional assignment of leases and rentals from Joanna M. Munzu to NewAlliance Bank, dated January 13, 2005, and recorded on January 18, 2005, in Volume 7068 at Page 21 of the New Haven Land Records. (d) A UCC- 1 filing from debtor Joanna M. Munzu to secured party NewAlliance Bank, not dated, but recorded on January 18, 2005, at Volume 7068 at Page 26 of the New Haven Land Records. (e) A Lis Pendens dated June 14, 2011 and recorded on June 20, 2011, in Volume 8700 at Page 281 of the New Haven Land Records. (1) The City of New Haven claims or may claim an interest in the Mortgaged Premises by virtue of an inchoate tax lien pursuant to the law for unpaid real property taxes that may be due and owing. (g) Such water and sewer charges that may be due and owing.
(h) those certain rights of way to pass and repass as of record in a deed dated and recorded on January 7, 1971, in Volume 2403 at Page 172 of the New Haven Land Records. 13.
The Mortgaged Premises is subject to the following liens or encumbrances which
are subsequent and subordinate in right to the Mortgage being foreclosed herein: (a) The Defendant, United States of America, Department of the Treasury Internal Revenue Service, claims or may claim an interest in the Mortgaged Premises by virtue of a Tax Lien dated February 27, 2013 and recorded on March 13, 2013 in Volume 8960 at Page 154 of the New Haven Land Records, claiming a federal tax lien against Abcon in the principal amount of $45,938.32. A copy of said federal tax lien is attached hereto as Exhibit C and made a part hereof. (b) The Defendant, United States of America, Department of the Treasury Internal Revenue Service, claims or may claim an interest in the Mortgaged Premises by virtue of a Tax Lien dated May 16, 2013 and recorded on May 29, 2013, in Volume 8995 at Page 20 of the New Haven Land Records, claiming a federal tax lien against Abcon in the principal amount of $41,317.65. A copy of said federal tax lien is attached hereto as Exhibit D and made a part hereof. (c) The Defendant, Abcon Environmental, Inc., claims or may claim an interest in the Mortgaged Premises by virtue of its occupancy of or any leasehold interests in the same, which interest(s) are subsequent in right and subordinate to the Mortgage. 14.
The Bank has been damaged as a result of Vita Bella’s failure to pay the sums due
under the Guaranty.
15.
Vita Bella is the owner of the Mortgaged Premises and Vita Bella together with
Abcon are in possession of the same.
WHEREFORE, the Plaintiff claims: A judgment of strict foreclosure of the Mortgage; 2.
Immediate possession of the Mortgaged Premises;
3.
Money damages, including a deficiency judgment against VITA BELLA, LLC, except as to any party who may have been discharged in bankruptcy;
3.
Costs and expenses, including reasonable attorney’s fees incurred in connection with this action, except as to any party who may have been discharged in bankruptcy; and
3.
Such other relief as in law or in equity may appertain.
NOTICE: A PERSON WHO IS UNEMPLOYED OR UNDEREMPLOYED AND WHO HAS (FOR A CONTINUOUS PERIOD OF AT LEAST TWO YEARS PRIOR TO THE COMMENCEMENT OF THIS FORECLOSURE ACTION) OWNED AND OCCUPIED THE PROPERTY BEING FORECLOSED AS SUCH PERSON’S PRINCIPAL RESIDENCE, MAY BE ENTITLED TO CERTAIN RELIEF PROVISIONS UNDER CONNECTICUT GENERAL STATUTES § 49-31d THROUGH § 49-311. YOU SHOULD CONSULT AN ATTORNEY TO DETERMINE YOUR RIGHTS UNDER THESE STATUTES. THESE STATUTES REQUIRE THAT IF PROTECTION IS DESIRED, AN APPLICATION FOR RELIEF MUST BE FILED WITHIN TWENTYFIVE (25) DAYS OF THE RETURN DATE.
Dated at New Haven, Connecticut this 10th day of April, 2014. THE PLAINTIFF, FIRST NIAGARA BANK2N.A.
A. Ciarleglio Duffy & Segaloff, P.C. Its Please enter the appearance of Philip G. Kent, Esq. Susman, Duffy & Segaloff, P.C. P. 0. Box 1684 New Haven, CT 06507-1684 (203) 624-9830 Juris #62505 For the Plaintiff.
RETURN DATE: MAY 20, 2014
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE
APRIL 10, 2014
AMOUNT IN CONTROVERSY The amount in controversy is greater than $2,500.00, exclusive of interest and costs.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
Mathe4’ A. Ciarleglio Sumati, Duffy & Segaloff, P.C. Its Attorneys
RETURN DATE: MAY 20, 2014
:
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
:
J. D. OF NEW HAVEN
VS.
:
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE
:
APRIL 10, 2014
CERTIFICATION OF THE EXHIBITS Copies of Exhibits A through D will be served upon each appearing party upon receipt of notice their appearance.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
Matt1Œw/A. Ciarleglio Susmhn,t-Duffy & Segaloff, P.C. Its Attorneys
I:\Client E-F\First Niagara Bank\Abcon Environmental\Draft Foreclosure Complaint 3.21. 14.docx
RETURN DATE: MAY 20, 2014
SUPERIOR COURT
FIRST NIAGARA BANK, N.A.
J. D. OF NEW HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014 NOTICE
The following notice is provided pursuant to the Fair Debt Collection Practices Act: THIS IS AN EFFORT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The amount of debt you owe to the above-captioned Plaintiff, excluding interest, attorneys’ fees and expenses, late charges, any escrow advances, other charges, and costs of collection incurred to date is: TOTAL: $298,430.68
Unless you, within thirty (30) days after receipt of this notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by this office. If you notify this office in writing within the thirty-day period that the debt, or any portion thereof, is disputed, this office will obtain a verification of the debt or a copy of a judgment against you and a copy of such verification or judgment will be mailed to you by this office.
SUSMAN, DUFFY & SEGALOFF, P.C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 62505
Upon your written request within the thirty-day period, this office will provide you with the name and address of the original creditor, if different from the current creditor.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
A. Ciarleglio Duffy & Segaloff, P.C. Its
l.\ClintE-F\Fu,t Nigm Bak\Abco Em rormEmEEmDtht NoEc4 10 14 doc
-2SUSMAN, DUFFY & SEGALOFF, P.C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 62505
Receipt I 59433
I
VOL 9132 PG 336 04/11/2014 11:34:16 AM 3 Pages LIS PENDENS
lnstr# 201403389
Michael B. Smart City Clerk
OP CORD, DAT!D AT IN THE NBW HAVEN LO . lEW AVtE T ThIS RE,co§bt@
RETURN TO:
jj_JAY.
Joseph E. Faughnan, Esq. Susman, Duffy & Segaloff, P.C. 59 Elm Street, 5th Floor New Haven, CT 06510
9JJ’
I ..’ RETURN DATE: MAY 20, 2014
/
FIRST NIAGARA BANK, N.A.
J D OF I’E\V HAVEN
VS.
AT NEW HAVEN
VITA BELLA, LLC; ABCON ENVIRONMENTAL, INC.; and UNITED STATES OF AMERICA, DEPARTMENT OF THE TREASURY INTERNAL REVENUE SERVICE
APRIL 10, 2014
NOTICE OF LIS PENDENS
Notice is hereby given of the pendency of a civil action brought by Plaintiff FIRST NIAGARA BANK, N.A. (the "Plaintiff’) against Defendants VITA BELLA, LLC, ABCON ENVIRONMENTAL, INC., and UNITED STATES OF AMERICA INTERNAL REVENUE SERVICE (the "Defendants") by writ dated April 10, 2014, returnable to the Superior Court to be held at 235 Church Street, New Haven, Connecticut 06510 within and for the Judicial District of New Haven at New Haven on May 20, 2014, which action is brought seeking a judgment of foreclosure of a certain mortgage affecting property located at 205 Wallace Street, New Haven,
SUSMAN, DUFFY & SEGALOFF, P. C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 062505
Connecticut 06511 (the "Mortgaged Premises"). Furthermore, the Plaintiff,sceJ&ilimtkeflate -: possession of the Mortgaged Premises, money damages, including a deficincyjuctmnt (Ł,cept as to any party who may have been discharged in bankruptcy), costs and xpenses % incl1Jdinl reasonable attorney’s fees incurred in connection with this action (except.’ ,,
any party who
may have been discharged in bankruptcy), and such other relief as in law or equity may appertain. The Mortgaged Premises affected by said action are more particularly described on Schedule A, attached hereto and made a part hereof:
Dated at New Haven, Connecticut this 10th day of April, 2014.
THE PLAINTIFF, FIRST NIAGARA BANK, N.A.
an
LE.F G.K Matthew % Ciarleglio SUSMAN-DUFFY & SEGALOFF, P.C. Its Attorneys
SUSMAN, DUFFY & SEGALOFF, P. C. ATTORNEYS AT LAW P. 0. BOX 1684 NEW HAVEN, CT 06507-1684 (203) 624-9830 JURIS NUMBER 062505
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PjUttat cern pleceor parcel of land, with the buildings and bprvments thereon, Awted in .the Cty and county New Haven and $bte of Connedicut, being more partfwlart’ desafled 85 follows, to wrt Beginning at a pdkt on the eastedy street One of Wallace $beet, said pltt b1ifthrfy distant four hundred sbty three and seventy three one-hundredths (46173) entTe lnrseon of said easterly street line of Wallace Street with the notherly treet Pntof Grand, ’ Avenue, when measured along the said easterly stTeethneofWARM Sireet Thence proceeding northerly .fn a straight One along the easterly street line of WaJlaceS a d7st of on hundred thirty and no one-hunCredths (130 00) ieet w a ppmt bng the southweslriy corner of of DeMusls BrotheI5, Inc., .................................. ........ .. Thenca proceeding east&y along the southerly Me of land of DeMUSIS Brothcm, Thc. In a straight fine which makes an Interior angle of ninety (U) degrees, twenty four (24) minutes and fty two (52) seconds with the last descrlbed fine, e distance at one hundred forty one and . twenty sixone-hundredths (14126)ft Thence proceeding .souttiedy In a 5traight find which tnekasan Interior angle of eighty nine (8) degrees, forty seven (47)mlnutea and, thirty four (34) seconds with the last dcnbed Ine, distance of one hundred thirty iM no onehundredUis (130.00) feet; Thence proceeding westerly In a sba!ght The which makes an Interior angle of ninety (90) degrees, bwive (12) minutes and twenty six (26) seconds with the last desoibed line, a distance oorTe hundred thrty one and seventy three one-hundredths (141.73) feet to the point of beginning, said line malting an interior angle of eighty nine (99) degrees, thirty live (3.) minutes and eIght (8) seconds with the easterly sheet line of Wallace Street,
Said above Omrrftd piece or parcel of land being bounded:
WTRLY NORTHERLY." E$TERLY and SOUThERlY;
by Wahos Street; by land of DeMsis 8mthets Inc; , by land now or formerly of theOtyNaw Haven.
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Reference If hereby rnde tea map made by Clarence 81* Assodat, Inc.; Cvii 8iglneeriªnd c-i-u Wooster Square Suyere of New Haven; Redevelopment and Renewal PmJect New haven, CcnnUcif scale r = 40’, dated March 1, 196Z. ,.. ,,
Together with rights of way to pass and rep* for ti ptipose of providing the users of the property desIbed above with means of lns and egress lo and from east Stvd bo and from parking and loading spaca an the said property, vAT portions of the land abutting the said
propty on the east the sId portions being mare particularly bouided and descilbed In a deed from S.’Rasftha& Sans, Incorporated to Martin Woflnsky, at at dated lazivary 7, 1971 and reconded in Volume 2403 Page 172 of the New U8ven Land Recons
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