Action to foreclose a mortgage on property in Batavia.

GENESEE COUNTY

SUMMONS



Supplemental Summons and Notice of Object of Action Supreme Court Of The State Of New York County Of Genesee ACTION TO FORECLOSE A MORTGAGE Index #: E72683 Wilmington Savings Fund Society, FSB, Not In Its Individual Capacity But Solely As Trustee Of Arugula Funding Titling Trust Plaintiff, vs Donald B. McClurg If Living, And If He/She Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In Wife, Widow, Husband, Widower, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assignees Of Such Deceased, Any And All Persons Deriving Interest In Or Lien Upon, Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives, Widows, Husbands, Widowers, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assigns, All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff As Heir To The Estate Of Linda L. Kelley, Melissa M. McClurg As Heir To The Estate Of Linda L. Kelley, Unknown Heirs Of Linda L. Kelley If Living, And If He/She Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In Wife, Widow, Husband, Widower, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assignees Of Such Deceased, Any And All Persons Deriving Interest In Or Lien Upon, Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives, Widows, Husbands, Widowers, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assigns, All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, New York State Department Of Taxation And Finance, Bank Of America, N.A., Barbara Lombardo As Heir To The Estate Of Carole Mruczek, Stephen Mruczek As Heir To The Estate Of Carole Mruczek, Unknown Heirs Of Carole Mruczek If Living, And If He/She Be Dead, Any And All Persons Unknown To Plaintiff, Claiming, Or Who May Claim To Have An Interest In, Or General Or Specific Lien Upon The Real Property Described In This Action; Such Unknown Persons Being Herein Generally Described And Intended To Be Included In Wife, Widow, Husband, Widower, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assignees Of Such Deceased, Any And All Persons Deriving Interest In Or Lien Upon, Or Title To Said Real Property By, Through Or Under Them, Or Either Of Them, And Their Respective Wives, Widows, Husbands, Widowers, Heirs At Law, Next Of Kin, Descendants, Executors, Administrators, Devisees, Legatees, Creditors, Trustees, Committees, Lienors, And Assigns, All Of Whom And Whose Names, Except As Stated, Are Unknown To Plaintiff, People Of The State Of New York, United States Of America On Behalf Of The IRS John Doe (Those unknown tenants, occupants, persons or corporations or their heirs, distributees, executors, administrators, trustees, guardians, assignees, creditors or successors claiming an interest in the mortgaged premises.) Defendant(s). Mortgaged Premises: 3915 West Main Street Batavia, NY 14020 To the Above named 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 Supplemental Summons, to serve a notice of appearance, on the Plaintiff(s) attorney(s) within twenty days after the service of this Supplemental Summons, exclusive of the day of service (or within 30 days after the service is complete if this Supplemental Summons is not personally delivered to you within the State of New York). In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. The Attorney for Plaintiff has an office for business in the County of Erie. Trial to be held in the County of Genesee. The basis of the venue designated above is the location of the Mortgaged Premises. TO Donald B. McClurg, Unknown Heirs of Linda L. Kelley, and Unknown Heirs of Carole Mruczek, Defendants In this Action. The foregoing Supplemental Summons is served upon you by publication, pursuant to an order of HON. Diane Devlin of the Supreme Court Of The State Of New York, dated the Sixth day of March, 2026 and filed with the Complaint in the Office of the Clerk of the County of Genesee, in the City of Batavia. The object of this action is to foreclosure a mortgage upon the premises described below, dated January 18, 2006, executed by Linda L. Kelley (who died on December 6, 2021, a resident of the county of Genesee, State of New York) to secure the sum of $17,800.00. The Mortgage was recorded at Book 1485, Page 753 in the Office of the Genesee County Clerk on February 7, 2006. The mortgage was subsequently assigned by an assignment executed September 10, 2024 and recorded on September 16, 2024, in the Office of the Genesee County Clerk at Instrument Number MTG2024-1037. The mortgage was subsequently assigned by an assignment executed August 7, 2025 and recorded on August 12, 2025, in the Office of the Genesee County Clerk at Instrument Number MTG2025-935. The property in question is described as follows: 3915 West Main Street, Batavia, NY 14020 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: March 18, 2026 Gross Polowy LLC Attorney(s) For Plaintiff(s) 1775 Wehrle Drive, Suite 100 Williamsville, NY 14221 The law firm of Gross Polowy LLC and the attorneys whom it employs are debt collectors who are attempting to collect a debt. Any information obtained by them will be used for that purpose. 89620