SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. 614581/2021 Plaintiff designates Suffolk The basis of venue is Subject premises SUMMONS Plaintiff's address 2 Loretta Court Centereach, NY 11720 RONALD SOLDT and KAREN SOLDT, Plaintiff, Against SALVATORE LUCANIA Defendant, 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 Attorney(s) 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); 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. Dated: August 12, 2021 Defendants address: 2136 Santa Ana Drive Fairfield, CA 94533 BARAM & KAISER, ESQS. Attorney for Plaintiff By: /s/ David Baram DAVID BARAM 600 Old Country Road Suite 318 Garden City, New York 11530 (516) 222-2111 VERIFIED COMPLAINT The Plaintiffs RONALD SOLDT and KAREN SOLDT, complaining of the defendant by their attorneys, Baram and Kaiser alleges as follows: 1. That this action is brought pursuant to New York Real Property Actions and Proceedings Law Article 15 to secure the cancellation and discharge of record of the mortgage referred to below, which affects the real property described herein. 2. That the plaintiffs are the owners in fee simple and in possession and occupation of the real property located at 2 Loretta Court, Centereach, New York, County of Suffolk, and described with more particularity in Schedule A attached hereto (the "premises") 3. That plaintiffs became owners of the premises by deed to plaintiffs from Paul P. Gerardi and Barbara Gerardi, recorded in the office of the clerk of Suffolk County on the 18th day of December, 1998, in Liber D00011934, at page 718. 4. That on the 5th day of June 2001, plaintiffs executed and delivered a bond and mortgage covering the above-described premises to Salvatore Lucania, the defendant herein, in the sum of $380,455.00 (Three hundred eighty thousand four hundred and fifty five dollars), which mortgage was recorded in the Office of the Suffolk County Clerk on the 24rh day of January 2002 in Liber M00020012 of Mortgages, at page 405 (the "Morgage"). A copy of the Mortgage is attached as Exhibit "B". 5. That pursuant to the terms of this mortgage, the entire unpaid principal balance became due and payable together with interest on the unpaid balance on the "final maturity date of June 30, 2006" (see Exhibit "B", page 5). 6. That the defendant claims or may claim to have, or it appears by the public records that he may claim, some estate or interest in the above-described premises adverse to that of the plaintiff because of the above-mentioned mortgage. 7. That all indebtedness secured by the mortgage became due and payable on the 30th of June, 2006, and that upon information and belief there have been no payments made upon said mortgage, bond or indebtedness whether by way of principal or interest at any time. 8. That no acknowledgement of any indebtedness on the bond or mortgage has been made since June 5, 2001, and that the running of the statue of limitation for the commencement of an action to foreclose the mortgage or to bring any action on the bond for principal or for any interest thereon has not been tolled or abated and that the bond and mortgage has become outlawed and barred by the statue of limitations. 9. That any estate or interest that the defendant ever had or claims to have had in the premises or in any part thereof and any and all liens or encumbrances thereon that may have existed or be claimed to have existed in favor of the defendant are null and void and of no force and effect as against the estate and interest of the plaintiffs in and to these premises and the plaintiff now holds these premises in fee simple absolute free and clear from any claim, lien or encumbrances arising from the mortgage or the ownership thereof. 10. That the defendant is known and is not an infant, not, upon information and belief is he under any other disability. 11. That the judgment in this action will not affect a person not in being or ascertained at the commencement of this action, who by any contingency contained in a devise or grant or otherwise could afterward become entitled to a beneficial estate or interest in the property involved herein. Wherefore, plaintiff demands judgment against defendant as follows: 1. That the defendant and every person claiming under fim be forever barred from all claim to an estate or interest in the property described in paragraph 2 of this complain; 2. That it be adjudged and finally determined that the plaintiffs are the lawful owners and vested with an absolute and unencumbered title in fee to the property described in paragraph 2 of this complaint, free and clear of the bond and mortgage mentioned above. 3. That the clerk of Suffolk County of be directed to cancel and discharge of record the Mortgage; 4. That the plaintiffs have such other and further relief as to the court may deem just, equitable and proper. Dated: Garden City, New York August 8, 2021 By: /s/ David Baram David Baram, Esq. BARAM & KAISER, ESQS. Attorney for Plaintiff 600 Old Country Road Suite 318 Garden City, New York 11530 (516) 222-2111 Pub dates: March 11, 18, 25, April 1, 2023