SUPPLEMENTAL SUMMONS - SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF WESTCHESTER
INDEX NO: 65887/2025, D/O/F: 06/26/2025
Premises Address: 17 Armstrong Avenue, Peekskill, NY 10566
Plaintiff designates Westchester County as the place of trial. Venue is based upon the County in which the property is situate.
AVAIL 3 LLC, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS ADMINISTRATOR OF RESTORATION III TRUST, Plaintiff, -against- Unknown heirs at law of FANNIE J. GRANBERRY A/K/A FANNIE GRANBERRY, her 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 defendant 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, all of whom and whose names and places of residence are unknown to the plaintiff and cannot after diligent inquiry be ascertained; RUFUS HARDEMAN AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, OLIVIA MCDONALD AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, FANNIE ROSE LINDSEY AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, MARY DARLING AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, DONNA SHULER AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, TERRI WADDLE AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, GRACE GREEN AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, RICKY WHITE AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, RENEE MARSHALL AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, WILLIE MAE VERONICA CHANDLER AS HEIR AND DISTRIBUTEE FOR THE ESTATE OF FANNIE J. GRANBERRY, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, UNITED STATES OF AMERICA; "JOHN DOES" and "JANE DOES", said names being fictitious, parties intended being possible tenants or occupants of premises, and corporations, other entities or persons who claim, or may claim, a lien against the premises, Defendant(s).
TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the 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 Appearance on the Plaintiff's Attorneys within twenty (20) days after service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the State, or within thirty (30) days after completion of service where service is made in any other manner, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
TO THE ABOVE NAMED DEFENDANTS: The foregoing Summons is served upon you by publication pursuant to an Order of the Hon. William J. Giacomo, a Justice of the Supreme Court, Westchester County, entered March 2, 2026 and filed with the complaint and other papers in the Westchester County Clerk's Office.
THE OBJECT OF THE ACTION is to foreclose a mortgage recorded in the Westchester County Clerk's Office on March 7, 2025 in Control Number 650643551, covering premises k/a 17 Armstrong Avenue, Peekskill, NY 10566 a/k/a Section 33.06, Block 14, Lot 13.
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 following notice is intended only for the defendants who are owners of the premises sought to be foreclosed or who are liable upon the debt for which the mortgage stands as security. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
PLEASE BE AWARE: (1) that debt collectors, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., are prohibited from engaging in abusive, deceptive, an unfair debt collection efforts, including, but not limited to: i. the use or threat of violence; ii. the use of obscene or profane language; and iii. repeated phone calls made with the intent to annoy, abuse, or harass. (2) If a creditor or debt collector receives a money judgment against you in court, state and federal laws may prevent the following types of income from being taken to pay the debt: 1. Supplemental security income, (SSI); 2. Social security; 3. Public assistance (welfare); 4. Spousal support, maintenance (alimony) or child support; 5. Unemployment benefits; 6. Disability benefits; 7. Workers' compensation benefits; 8. Public or private pensions; 9. Veterans' benefits; 10. Federal student loans, federal student grants, and federal work study funds; and 11. Ninety percent of your wages or salary earned in the last sixty days.
TO THE DEFENDANTS: The Plaintiff makes no personal claim against you in this action. TO THE DEFENDANTS: If you have obtained an order of discharge from the Bankruptcy court, which includes this debt, and you have not reaffirmed your liability for this debt, this law firm is not alleging that you have any personal liability for this debt and does not seek a money judgment against you. Even if a discharge has been obtained, this lawsuit to foreclose the mortgage will continue and we will seek a judgment authorizing the sale of the mortgaged premises.
Dated: Sandy J. Stolar, Esq. MARGOLIN, WEINREB & NIERER, LLP, Attorneys for Plaintiff, 575 Underhill Boulevard, Suite 224, Syosset, New York 11791, 516-921-3838 #102846
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