You are on page 1of 4

At a IAS part ____ of the Supreme Court of the State of New York, held in and for the County

of Suffolk, _____ On the __ day of _____ 2008 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------- X CHASE HOME FINANCING, LLC ORDER TO SHOW CAUSE Plaintiff, Vs HENWOOD DANJOU, SHERWAYNE FORDYCE, JOAN TOUSSAINT, JOHN DOE # 1 THROUGH JOHN DOE # 10 , ET AL Defendants. ------------------------------------------------------------------- X Upon the reading and filing the annexed affidavit of WALLY VALLE, party defendant herein , sworn to the ___ day of __________ 2008 , and upon all prior papers and proceedings herefore had , Let the Plaintiff or its attorney show cause before this court at a IAS part ___ , to be held in the Supreme Courthouse located at ___________________________________ On the ___ day of _____________ 2008 , at 9:30 oclock in the forenoon of that day, or as soon thereafter as the parties can be heard why an order should not be made and entered herein : A re foreclosure, (strict foreclosure) action be brought as soon as possible to stop the mounting arrears from building, thus extinguishing any surplus monies, and the ability to execute the mechanics lien incapable. It is further ordered , that pending the hearing and determination of this matter , the referee, DONNA ENGLAND , serve the necessary parties, and advertise forthcoming sale to expedite this matter in a timely fashion. Sufficient cause appearing, let service of a copy of this order, together with the papers on which it was granted, by delivery of them, or facsimile transmission upon the plaintiffs attorney, the necessary defendants, and the referee by the ___ day of _______ 2008 be deemed good and sufficient. ____________________________ J.S.C. Index # 05 / 16334

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------------------------- X CHASE HOME FINANCING, LLC AFFIDAVIT IN SUPPORT Plaintiff, Vs HENWOOD DANJOU, SHERWAYNE FORDYCE, JOAN TOUSSAINT, JOHN DOE # 1 THROUGH JOHN DOE # 10 , ET AL Defendants. ------------------------------------------------------------------- X WALLY VALLE, being duly sworn, deposes and says : 1. 2. I am a party defendant in the above entitled action. That I am over the age of 18 years of age and that I make this Petition in connection with my prayer set forth in the accompanying order. That this is an action for monetary relief . I am presenting this affidavit pro se. During the period from August 1st , 2006 through January 22nd , 2007 , my company, K & V Home Improvements provided labor and materials for the real property located at 48 Benjoe Drive , Amityville , New york. This property is the subject of an ongoing foreclosure action, as is above entitled. Subsequent to the work provided to this property, the property went to auction sale two times, with both buyers unable to obtain title insurance, thus not allowing them to close. The foreclosure action is just laying dormant , so to speak, going no where, while the arrears mount, making it impossible for anyone holding an inferior position to the mortgage, and depending on the surplus monies to pay out their encumbrance, re-coup their money. Index # 05 / 16334

3. 4. 5.

6. 7.

8.

9.

Attached, are copies of the mechanics lien, which plainly will show the excact break down of the bill and costs, with the amount which is currently unpaid, $54,900.00. In sum, I most respectfully pray that the court grant the relief requested.

10.

No previous application for this relief has been made. WHEREFORE, I respectfully request an order for the relief set forth herein, or such other relief as may be just and proper. Sworn to before me this __ day of _______ 2008 ___________________ ____________________________________ NOTARY PUBLIC WALLY VALLE, defendant, pro se 2 Francine Avenue , Amityville, NY 117701

AFFIDAVIT OF SERVICE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------------------- X Index 05 16334 Plaintiff : CHASE HOME FINANCING, LLC Vs Defendant : HENWOOD DANJOU, SHERWAYNE FORDYCE, JOAN TOUSSAINT , JOHN DOE # 1 THROUGH JOHN DOE # 10 , ET AL ----------------------------------------------------------------------------------- X For : STEIN & SHEIDLOWER, ESQ Attorney for the Plaintiff One Old Country Road, Ste 113 Carle Place, NY 11514 Received by _________________ on the ____ day of _________________ 2008 to be served on STEIN & SHEIDLOWER, ESQ, Attorneys for the Plaintiff_____________ I , ___________________ , being duly sworn , am over the age of eighteen years of age, a resident of Suffolk County, New York, and have no interest in the above action , depose and say that on the ____ day of _____________ 2008 at _________ oclock a.m. / p.m. individually served by delivering a true copy of the Order to Show Cause and the papers upon which it was granted upon , STEIN & SHEIDLOWER, Esq , by depositing in plain wrapper and sending it next day service, postage paid , with the U.S. Post Office, return receipt requested.

____________________________________ , process server Subscribed and sworn to before me On the ____ day of ________ 2008 _____________________________ NOTARY PUBLIC