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Homeowners are summoned to respond to a foreclosure complaint to avoid losing their home.
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Speak to an attorney for guidance on how to respond to the summons.
File Your Answer
Serve a copy of your answer to the plaintiff's attorney and file it with the court.
Meet Deadlines
Ensure your response is submitted within twenty to thirty days, depending on service method.
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SUMMONS Index No.: 2025-6008 STATE OF NEW YORK SUPREME COURT __COUNTY OF CHEMUNG COMMUNITY BANK, N.A., as successor by merger to ELMIRA SAVINGS BANK, Plaintiff, -against- Property Address: ESTHER W. KABITHE; DAVID KABITHE, AS 405 Grove Street ADMINISTRATOR OF ESTATE OF REUBEN M. KABITHE Elmira, NY 14905 A/K/A REUBEN MUTUTO KABITHE; W.W.K a/k/a SBL: 89.18-2-8 W.L.K., MINOR CHILD, BY AND THROUGH HIS NATURAL GUARDIAN ESTHER W. KABITHE, AS HEIR AND DISTRIBUTEE OF THE ESTATE OF REUBEN M. KABITHE A/K/A REUBEN MUTUTO KABITHE; CAVALRY SPV I, LLC AS ASSIGNEE OF CITIBANK, N.A.; GOUGH HOLDING CORPORATION; and JOHN/JANE DOE 1 through JOHN/JANE DOE 10 (said last 10 names being fictitious, it being the intention of plaintiff to designate any and all other tenants, occupants or other persons or entities having or claiming an interest in the real property subject of this action, whose identity is not Mortgage Servicer: presently known to plaintiff), Community Bank, N.A. (888) 907-1171 Defendants. _________________________________________________ TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in the above action and to serve a copy of your answer on the Plaintiff's attorneys within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after completion of service where service is made in any other manner than by personal delivery. The United States of America, if designated as a defendant in this action, may answer or appear within sixty (60) days of service hereof. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Chemung County is designated as the place of trial. The basis of venue is the location of the mortgaged premises in this action at 405 Grove Street, Elmira, New York 14905. 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. Dated: August 28, 2025 Clifton Park, New York BURGESS & ASSOCIATES P.C. Melissa H. Pugliese, Esq. Attorneys for Plaintiff 6 Executive Park Drive, Suite C Clifton Park, New York 12065 (518) 371-0052 mpugliese@bapclaw.com Publication Dates: May 6th , 13th , 20th & 27th, 2026.
