Weekly Feature



2012-02-02 / Legal Notices

Public Notices

— LEGAL NOTICE —

NOTICE OF FORMATION CFC 1785 LLC UNDER SECTION 203 OF THE NY LIMITED LIABILITY COMPANY LAW 1. The name of the Limited Liability Company (LLC) is CFC 1785 LLC. 2. The Articles of Organization of CFC 1785 LLC were filed with the NY Secretary of State (SOS) on December 20, 2011. 3. The county within this state in which the office of the LLC is to be located is Erie. 4. The SOS is designated as agent of the LLC upon whom process against it may be served. The post office address within or without this state to which the SOS shall mail a copy of any process against the LLC served upon is: 1785 Abbott Road, Lackawana, New York 14218. 5. The character and purpose of the business of CFC 1785 LLC is to engage in any lawful activity pursuant to New York Limited Liability Company Law. Mark L. Bargar, Esq., Attorney BLY, SHEFFIELD, BARGAR & PILLITTIERI PO Box 3327 Jamestown, NY 14702-3327 716-488-0758 Jan. 19, 26; Feb. 2, 9, 16, 23

— LEGAL NOTICE —

SUPREME COURT OF THE STATE OF NEW YORK – COUNTY OF ERIE INDEX # 12108/09 FILED: 1/17/2012 SUPPLEMENTAL SUMMONS AND NOTICE Plaintiff designates Erie County as the place of trial. Venue is based upon the County in which the mortgage premise is situated. WELLS FARGO BANK N.A., SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUTEE FOR DELTA FUNDING HOME EQUITY LOAN TRUST 1997-3, Plaintiff against DEREK HORTMAN, his respective heirs-in-law, next of kin, distributes, 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; UNITED STATES OF AMERICA and NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, "JOHN DOE #1" through "JOHN DOE #12, " the last twelve names being fictitious and unknown to Plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the premises, described in the complaint, Defendant(s) TO THE ABOVE NAMED DEFENDANTS: 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 ATTORNEYS 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 YOU 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. 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 serviced with this summons, to serve a notice of appearance on the Plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this 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 appear within (60) days of service thereof 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. NOTICE OF NATURE OF ACTION AND RELIEF SOUGHT: THE OBJECT of the above captioned action is to foreclose on a mortgage which was recorded in liber 29488 of mortgages at page 549 in the office of the Clerk of the County of Erie where the property is located on July 7, 1997. Said mortgage was then assigned by written agreement to WELLS FARGO BANK N.A., SUCCESSOR BY MERGER

TO WELLS FARGO BANK MINNESOTA, N.A., AS TRUTEE FOR DELTA FUNDING HOME EQUITY LOAN TRUST 1997-3 by assignment of mortgage which was dated March 12, 2009, covering premises known as 35 Benson Avenue, West Seneca, NY 14224 (Section: 133.52 Block: 2 Lot: 42). The relief sought in the within action is a final judgment directing the sale of the premises described above to satisfy the debt described above. To the above named Defendants: The foregoing summons is served upon you by publication pursuant to an order of the Hon. Timothy J. Walker, a Justice of the Supreme Court of the State of New York, filed along with the supporting papers in the office of the Clerk of the County of Erie on December 19, 2011. This is an action to foreclose on a mortgage. ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of West Seneca, County of Erie and State of New York. SECTION: 133.52 BLOCK: 2 LOT: 42 said premises known as 35 Benson Avenue, West Seneca, NY 14224. YOU ARE HEREBY PUT ON NOTICE THAT WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By reason of the default in the payment of the monthly installment of principal and interest, among other things, as hereinafter set forth, Plaintiff, the holder and owner of the aforementioned note and mortgage, or their agents have elected and hereby accelerate the mortgage and declare the entire mortgage indebtedness immediately due and payable. The following amounts are now due and owing on said mortgage, no part of any of which has been paid although duly demanded: Entire principal Balance in the amount of $39,585.17 with interest from May 7, 2009, at the rate calculated in accordance with the provisions of the note from April 7, 2009, together with unpaid late charges in the amount of $640.05 that have accrued prior to this action, for a total of $45,286.98 due and payable, with interest as stated above. UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, WITHIN THIRTY (30) DAYS AFTER YOUR RECEIPT HEREOF THAT THE DEBT, OR ANY PORTION THEREOF, IS DISPUTED, THE DEBTOR JUDGMENT AGAINST YOU AND A COPY OF SUCH VERIFICATION OR JUDGMENT WILL BE MAILED TO YOU BY THE HEREIN DEBT COLLECTOR. IF APPLICABLE, UPON YOUR WRITTEN REQUEST, WITHIN SAID THIRTY (30) DAY PERIOD, THE HEREIN DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR. IF YOU HAVE RECEIVED A DISCHARGE FROM THE UNITED STATES BANKRUPTCY COURT, YOU ARE NOT PERSONALLY LIABLE FOR THE UNDERLYING INDEBTEDNESS OWED TO PLAINTIFF/CREDITOR AND THIS NOTICE/DISCLOSURE IS FOR COMPLIANCE AND INFORMATIONAL PURPOSES ONLY. HELP FOR HOMEOWNERS IN FORECLOSURE New York State requires that we send you this notice about the foreclosure process. Please read it carefully. SUMMONS AND COMPLAINT You are in danger of losing your home. If you fail to respond to the summons and complaint in this foreclosure action, you may lose your home. Please read the summons and complaint carefully. You should immediately contact an attorney or your local legal aid office to obtain advice on how to protect yourself. SOURCES OF INFORMATION AND ASSISTANCE The State encourages you to become informed about your options in foreclosure. In addition to seeking assistance from an attorney or legal aid, there are government agencies, and non-profit organizations that you may contact for information about possible options, including trying to work with your lender during this process. To locate an entity near you, you may call the toll-free helpline maintained by New York state Banking Department at 1-877-Bank-NYS or visit the Department’s website at www.banking.state.ny.us FORECLOSURE RESCUE SCAMS Be careful of people who approach you with offers to “save” your home. There are individuals who watch for notices of foreclosure actions in order to unfairly profit from a homeowner’s distress. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your deed. State law requires anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge, and which prohibits them from taking any money from you until they have completed all such promised services. Section 1303 NOTICE YOU ARE IN DANGER OF LOSING YOUR HOME If you do not respond to this summons and complaint by serving the 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 may 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 AN ANSWER WITH THE COURT. Leopold & Associates, PLLC, 80 Business Park Drive, Suite 301, Armonk, NY 10504 Feb. 2, 9, 16, 23

— LEGAL NOTICE —

Slarose, LLC Articles of Organization filed with the Secretary of State of New York (SSNY) on 12/27/11. Office in Erie County. SSNY is the designated agent of LLC upon whom process against it may be served. SSNY shall mail copy of process to 680 Cindy Lane, West Seneca, NY 14224. Purpose: Any lawful purpose. Feb. 2, 9, 16, 23; Mar. 1, 8

— LEGAL NOTICE —

Notice of Formation LaCarrubba Family LLC Arts. of Org. filed with SSNY 11/16/2011. Off. Loc.: Erie Cnty. SSNY designated as agent of LLC whom process may be served. SSNY shall mail process to: c/o The LLC, 4147 Seneca Street, West Seneca, NY 14224. Purpose: all lawful activities. Dec. 29; Jan. 5, 12 19, 26; Feb. 2

— LEGAL NOTICE —

NOTICE OF FORMATION OF GORDON MENZIES BROWN, LLC Name of the LLC: GORDON MENZIES BROWN, LLC; date of filing of the Articles of Organization is December 30, 2011; the date of formation is January 1, 2012; office of the LLC: Erie County; Secretary of State is designated as the agent of the Company upon whom process against the Company may be served; Secretary of State may mail a copy of any process against the company served upon such Secretary of State is: The LLC, 3590 Seneca St., West Seneca, NY 14224; purpose of the company is to engage in any lawful act or activity for which LLC’s may be organized. Jan. 19, 26; Feb. 2, 9, 16, 23

— LEGAL NOTICE —

The Town of West Seneca is issuing this Request for Proposals (RFP) for the selection of an energy services company (ESCO). You are invited to submit a proposal in accordance with this RFP. Proposals must be received no later than March 6, 2012 at 2:00 pm. Proposals shall be submitted to the Town Clerk’s Office at the Town of West Seneca. Town Clerk Town of West Seneca 1250 Union Road West Seneca, NY 14224 Late proposals will be returned unopened. A scheduled mandatory walkthrough to review the proposal requirements and inspection tour of the facilities will be held on February 16th, 2012 at 9:00 AM and we will meet at the Town Ice Arena. The Town of West Seneca reserves the right to amend the RFP based on questions and issues raised prior to and at the pre-proposal walkthrough. ESCOs represented at the pre-proposal conference will receive any such amendments in writing. Any questions concerning this RFP should be addressed to: Town Engineer Steve Tanner at 716-852-2100 ext 1084. Feb. 2, 9

— LEGAL NOTICE —

ADVERTISEMENT FOR BIDS Town of West Seneca 1250 Union Road West Seneca, NY 14224 Separate sealed bids will be received by the Town of West Seneca for the 2012 Veteran’s Park Pool Rehabilitation Project (F-1201). Bids will be received until 2:00PM (Local Time) on March 6, 2012, and then at said office publicly opened and read aloud. The Contract Documents may be examined at the following locations: Town of West Seneca Clerk’s Office, 1250 Union Road, West Seneca, NY 14224. Copies of the Contract Documents will be available for inspection February 2, 2012 at the office of the Town Clerk and copies will be furnished upon deposit of $100 per set in the form of two $50.00 checks, made payable to the Town of West Seneca.

Any bidder returning the Contract Documents in good condition within ten days following the award of the contract, or the rejection of the bids, will be refunded the full amount of the deposit. Similarly, non bidders will be refunded one-half the deposit. Each bid must be accompanied by a certified check or bid bond from a domestic carrier licensed to do business in the State of New York in the amount of not less than five (5%) of the amount of the bid submitted. Bidders on this work will be required to comply with the President's Executive Order Nos. 11,246 and 11,375 which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. The successful bidder must be an equal opportunity employer, must meet all appropriate State and Federal standards, and comply with all relevant governmental regulations. Statement of Non Collusion: Bidders on the contract are required to execute a non collusive bidding certificate pursuant to Section 103d of the General Municipal Law of the State of New York. Security for Faithful Performance: The successful bidder will be required to furnish Performance and Labor and Material Payment Bonds written by firms licensed to do business in New York State, each in the amount of one hundred percent (100%) of the contract amounts in accordance with the provisions of the Contract Documents. Sales and Use of Tax Exemptions: The Town of West Seneca is exempt from the payment of sales and compensation use taxes of the State of New York and of cities and counties on all materials, equipment, and supplies sold to the Town of West Seneca pursuant to this contract. Also exempt from such taxes are purchases by the Contractor and his Subcontractors of materials, equipment, and supplies to be sold to the Town of West Seneca pursuant to this contract, including tangible personal property to be incorporat¬ed in any structure, building, or other real property forming part of the project. These taxes are not to be included in the Bid. All bids shall be binding for a period of forty five (45) days after the bid opening date. The Town of West Seneca reserves the right to reject any and all bids and to waive any informalities therein. Date Issued: February 2, 2012 Jackie Felser, Town Clerk Feb. 2, 9

— LEGAL NOTICE —

NOTICE OF SALE SUPREME COURT COUNTY OF ERIE LaSalle Bank National Association, as Trustee for Securitized Asset Investment Loan Trust Mortgage Pass-Through Certificates Series 2004-8, Plaintiff, against Tracey Plummer; Donna J. Fraser; et al., Defendant(s). Pursuant to a Judgment of Foreclosure and Sale duly dated 7/11/2007 I, the undersigned Referee will sell at public auction at the foreclosure alcove of the Erie County Hall, 92 Franklin Street, Buffalo, New York on 2/23/2012 at 9:45AM, premises known as 83-85 Carla Lane, West Seneca, NY 14224 All that certain plot piece or parcel of land, with the buildings and improvements erected, situate, lying and being in the Town of West Seneca, County of Erie and State of New York, Section 144.19 Block 7 Lot 42 & 43. Approximate amount of judgment $128,814.98 plus interest and costs. Premises will be sold subject to provisions of filed Judgment Index# I2007-2565. Joel Brownstein, Esq., Referee Shapiro, DiCaro & Barak, LLC 250 Mile Crossing Boulevard, Rochester, NY 14624 Dated: January 13, 2012 916038 1/26, 2/2, 2/9, 02/16/2012 Jan. 26; Feb. 2, 9, 16

— LEGAL NOTICE —

Notice Public Hearing Special Permit 2801 Seneca Street West Seneca, N.Y. 14224 Whereas, the Town Board of the Town of West Seneca has received a request from Upstate Cellular Network, d/b/a Verizon Wireless for a special use permit for the following described property from its classification of C-1 to C-1(S) for a 100’ monopole tower and wireless communication antennas, 12x8rooftopequipmentshedand related site improvements for: ALL THAT TRACT OR PARCEL OF LAND, situate in the Town of West Seneca, County of Erie and State of New York, being part of Lot No. 198, Township 10, Range 7 of the Buffalo Creek Reservation and further distinguished as Subdivision Lot Nos. 1,2,3,17,18, 19 and 21 to 25 inclusive, as shown on map filed in Erie County Clerk’s Office under Cover No. 729. Now, therefore, a public hearing will be

held on the 13th day of February, 2012 at 7:00 P.M., EDT in the Town Hall, 1250 Union Road, in said Town, at which time and place this Town Board will meet to hear all persons interested in the subject matter thereof concerning the same. Jacqueline A. Felser, Town Clerk Dated: January 23, 2012 Feb. 2

— LEGAL NOTICE —

348-350 Langer Road Please take notice that the following change was made in the Zoning Ordinance of the Town of West Seneca, County of Erie and State of New York, and notice thereof is hereby given, pursuant to §264 and 265 of the Town Law. Whereas, the Town Board of the Town of West Seneca has received a request for a special use permit for the following described property from its classification of C-2 to C-2(S). ALL THAT TRACT OR PARCEL OF LAND situated in the Town of West Seneca, County of Erie and State of New York; described as part of Lots 293 and 294, Township 10, Range 7 of the Buffalo Creek Reservation Survey. Bounded and described as follows: Beginning at a point in the intersection of the south line of Ridge Road as now laid out by Appropriation by N.Y. State filed under Map 17, parcel 22 and in Liber 4614 of Deeds at Page 550 as filed in the Erie County Clerk’s Office with the westerly line of Langer Road as relocated by Map 14, Parcel 18; Thence southerly along the westerly side of Langer Road a distance of 129.78 feet to an angle point; Thence continuing southerly along the westerly line of said Langer Road at an interior angle of 154°30’0” a distance of 124.28’ feet to a point; Thence westerly along a line at an interior angle of 129°05’40” a distance of 47.65 feet to a point in the centerline of Langer Road (as originally laid out 49.5 feet wide); Thence southerly along the centerline of said Langer Road or originally laid out an interior angle of 94°17’50”, a distance of 140.09 feet to a point; Thence westerly along a line at a bearing of north 82°07’37” west, a distance of 238.21 feet to a point; Thence northerly along a line at a bearing of north 58°10’45” west, a distance of 103.51 feet to a point in the east line of the Niagara Lockport & Ontario Power Company as per Liber 1519 of Deeds at Page 271 and Liber 1726 of Deeds at Page 40; Thence northerly along the east line of said Niagara Lockport & Ontario Power Company at a bearing of north 31°57’02” east, a distance of 299.12 feet to a point in the south line of said Ridge Road as now laid out; Thence easterly along the south line of said Ridge Road as now laid out at an interior angle of 125°27’17”, a distance of 188.15 feet to a point in the westerly line of said Langer Road as originally laid out; Thence northerly along the westerly line of said Langer Road as originally laid out at an exterior angle of 101°07’17” a distance of 10 feet to a point; Thence easterly along a line at an interior angle of 93°10’24”, a distance of 24.79 feet to the centerline of said Langer Road as originally laid out; Thence southerly along the centerline of said Langer Road as originally laid out at an interior angle of 86°49’36”, a distance of 9.93 feet to a point in the south line of said Ridge Road as now laid out; Thence easterly along the south line of said Ridge Road as now laid out at an exterior angel of 81°47’50”, a distance of 140.86 feet to the point and place of beginning. This parcel containing 114,284 Sq. Ft. or 2.624 acres more or less. Whereas, this Town Board held a public hearing on the 23rd day of January, 2012 at 7:00 P.M., EDT in the Town Hall, 1250 Union Road, in said Town, to consider granting a special permit for the above-described property; and Whereas, at such time and place this Town Board did meet to hear any and all persons interested in the subject thereof concerning the same. Now, therefore, be it resolved, that a special permit be granted and the same is hereby rezoned from C-2 to C-2(S). Be it further resolved that the Town Clerk is hereby ordered and directed to make such change on the zoning map and to enter a copy of this resolution with the zoning regulations in a book appropriate for its use. Jacqueline A. Felser, Town Clerk Dated: January 26, 2012 Feb. 2

Return to top