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HomeMy WebLinkAbout13-5421 F -11 ED - 0 F F ICE COMMONWEALTH OF PENNSYLVANIA 2013 SEP 1 3 PM 2: CUMBERLAND COUNTY M &T BANK, ) PENNSYLVANIA COURT OF COMMON PLEAS Plaintiff, ) OF CUMBERLAND COUNTY vs. ) Term, 2013 NOBLE DENTAL ART, INC., ) DAVID L. GUYER a/k/a DAVID GUYER, ) Docket No. (I o 7erm Defendants. ) PRAECIPE TO FILE AND INDEX FOREIGN JUDGMENT To the Prothonotary of Cumberland County: Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa. Cons. Stat. Ann. § 4306, kindly file and index the attached exemplified and certified copies of the docket entries and the judgment entered in favor of Plaintiff, M &T Bank, and against Defendants, Noble Dental Art, Inc. and David L. Guyer a/k/a David Guyer, in the sum total of $284,869.96 in the New York State Supreme Court in and for the County of Erie, in the above captioned action, Index No. 12013601182. Dated: Buffalo, New York August 16, 2013 M &T BANK Michael E. Nowicki, Assistant Vice P esident M &T Bank c/o GETMAN & BIRYLA, LLP 800 Rand Building 14 Lafayette Square Buffalo, NY 14203 -1995 Tel. (716) 853 -4340 HAClient Matters\M &T \Noble Dental Art \Cumberland, PA\ m &tbadal.praecipe.dom.080713.wpd 33.50 P0 ATr J e� a�coga pt a9_5& 609 Ike Mai (ecl COMMONWEALTH OF PENNSYLVANIA 2913 SEP 13 PM 2: 1 CU COUN `�' M &T BANK, ) COURT OF COMMON PLEAg ENNSYLVANIA Plaintiff, ) OF CUMBERLAND COUNTY VS. ) Term, 2013 NOBLE DENTAL ART, INC., ) DAVID L. GUYER a/k/a DAVID GUYER, ) Docket No. (3 5�0� 1 �►v►1( Y►n Defendants. ) AFFIDAVIT IN SUPPORT OF REQUEST TO FILE AND INDEX FOREIGN JUDGMENT I, MICHAEL E. NOWICKI, being duly sworn, according to law, deposes and says that I am an Assistant Vice president for M &T Bank, the Plaintiff herein and as such is authorized to make this affidavit on behalf of M &T Bank; and that, to the best of my knowledge, information, and belief. 1. The names of the judgment debtors are Noble Dental Art, Inc. and David L. Guyer a/k/a David Guyer. 2. The last known post office addresses of the judgment debtors are: NOBLE DENTAL ART, INC. 438 W. Main Street Walnut Bottom, Pennsylvania 17266, DAVID L. GUYER a/k/a DAVID GUYER 438 W. Main Street Walnut Bottom, Pennsylvania 17266. 3. The name of the judgment creditor is M &T Bank. 4. The post office address of the judgment creditor is One M &T Plaza, Buffalo, New York, 14203. 5. The judgment in favor of Plaintiff, M &T Bank, and against Defendants, Noble Dental Art, Inc. and David L. Guyer a/k/a David Guyer, entered in the sum total of $284,869.96 on June 13 ", 2013 in the New York State Supreme Court in and for the County of Erie, is valid, enforceable, and wholly unsatisfied as of this date. 6. That the purpose of this affirmation is to enable the Clerk of the above captioned Court to send notice of the recording of the foreign judgment to the judgment debtors and properly docket the foreign judgment with the above captioned Court. M &T BANK Michael E. Nowicki, Assistant Vice President Sworn to and subscribed before me on this 19 day of 1pu 2013. CAITLIN E IZAB TH H WHA L� EN�� NOTARY PUBLIC • STATE OF NEW YORK . � Registration Qualified in Erie County in rie Coun Notary Public Commission Expires June 17, 20� r H: \Client Matters\M &T \Noble Dental A&Cumberland, PA \m &tbadal.aff.dom.PA.080713.wpd COMMONWEALTH OF PENNSYLVANIA "I THE PROTHON"O 2013 SEP 13 FM 2. 1 J M &T BANK, ) CUMBERLAND COUNIT ' COURT OF COMMONKWAYLVA Plaintiff, ) OF CUMBERLAND COUNTY vs. ) Term, 2013 NOBLE DENTAL ART, INC., ) DAVID L. GUYER a/k/a DAVID GUYER, ) Docket No. 13 - .55�oZ� wil�rrn Defendants. ) NOTICE OF REGISTRATION OF FOREIGN JUDGMENT TO: NOBLE DENTAL ART, INC. DAVID L. GUYER a/k/a DAVID GUYER You are hereby notified that M &T Bank has filed a praecipe seeking the registration of the judgment entered in the New York State Supreme Court in and for the County of Erie, against Noble Dental Art, Inc. and David L. Guyer a/k/a David Guyer under Index No. I 2013601182. A copy of the New York Judgment was filed with the Cumberland County Prothonotary on or about the 13 day of _ , 2013; a copy of which is attached hereto. The address of the Plaintiff, M &T Bank, is One M &T Plaza, Buffalo, New York 14203. Plaintiff's New York State Attorney is Matthew D. Valauri, Esq. of Getman & Biryla, LLP, located at 800 Rand Building, 14 Lafayette Square, Buffalo, New York 14203 -1995. M &T BANK B -- Michael E. Nowicki, As stant Vice Pr sident M &T Bank c/o GETMAN & BIRYLA, LLP 800 Rand Building 14 Lafayette Square Buffalo, NY 14203 -1995 Tel. (716) 853 -4340 ti Page 1 of 1 EXEMPLIFIED COPY State of New York, County of Erie SUPREME Court Gniteb �btateg of 01merica } btate of Rew Pork } 9 .5. County of (Brie } I, Christopher L. Jacobs, Clerk of the County of Erie, and also Clerk of the Supreme Court and County Courts in and for said County, (the said County being Courts of Record) do hereby certify that.the above and foregoing is a true and complete transcript of judgment in an action entitled: PLAINTIFF M &T BANK VS DEFENDANT NOBLE DENTAL ART INC GUYER DAVID L AKA GUYER DAVID AKA Note: Names are shown Last name First name Erie County Index No 12013601182 or Lower Court Case on file as Q 261 2449 and remaining of record in the County Clerk's Office of Erie County. IN WITNESS WHEREOF, I hereunto set my hand and affixed the seal of said County and Courts, at Buffalo,. this 19- June -2013 ERIE COUNTY CLERK •NEM YORK` Oniteb �6tate5 of Zimerica } iitate of Retu Pork } s;,5. County of (Erie } a Justice of the Supreme Court in and for the Eighth Judicial District of the State of New York, and the Presiding Magistrate at a Special Term of Supreme of the Supreme Court,held in and for the County of Erie, in said District, hereby certifies that the above attestation is in due form and by the proper officer. IN TESTIMONY WHEREOF, I hereunto subscribed my name, at Buffalo,this'2 -� 5• day of , uvw Zb)3 JUSTICE - TH S PREME COURT PAULA L. FEOOLETO, J.S.C. Gniteb qptates of Rmerfca } !�?tate of -eebn Pork } 59. County of (Erie } I, Christopher L. Jacobs, Clerk of the said County, and also Clerk of the Supreme Court and County Courts in and for said County, (the said County being Courts of Record) do hereby certify that Q &o16- L - T-e�© G whose name is subscribed to the annexed an foregoing Certificate, was at the time of the signing thereof, and now is a Justice of the Supreme Court of the State of New York, duly elected, commissioned and qualified, and that the signature of the said Justice is genuine; and further that said Justice was the Presiding Magistrate at the Special Term of the Supreme Court on the date aforesaid. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said County and Courts, in Buffalo, • sE1: o this ,I day of .J U� �y� � V > � c > y ERIE COUNTY CLERK •HEw �oxK• * * ** TRANSCRIPT OF JUDGMENT * * ** Page 1 of 1 I �• JUDGMENT DEBTOR JUDGMENT CREDITOR I Surname /Given Name and Address Surname /Given Name and Address NOBLE DENTAL ART INC M &T BANK 438 W MAIN ST ONE M &T PLZ WALNUT BOTTOM PA 17266 -9762 BUFFALO NY 14203 GUYER DAVID L AKA 438 W MAIN ST WALNUT BOTTOM P A 1 -9762 GUYER DAVID AKA I 438 W MAIN ST WALNUT BOTTOM PA 17266 -9762 I I I I I I - I I I Judgment Docketed Judgment Rendered Amount of Judgment Attorney Name and Address RETURN FILING RECEIPT FOR: I File Date /Time: 6/13/2013 12:12:36 County ERIE Total Amt 284,869.96 GETMAN &BIRYLA LLP Court: SUPREME 800 RAND BLDG 14 LAFAYETTE SQ I TRANSCRIPT Instrument Number: 2013138797 Reference Number BUFFALO NY 14203. Index 12013601182 I ERIE COUNTY CLERK'S OFFICE ATTENTION: CUSTOMER SERVICE -- - - -- - - - - Rendered Date: 6/13/2013 1 92 FRANKLIN STREET BUFFALO, NY 14202 I I remarks: STATE OF NEW YORK, COUNTY OF ERIE i Book and page STATE 1, CHRISTOPHER L. JACOBS, Clerk of the County of Erie, hereby certify that the above is a correct transcript from the docket of judgments in my office. I Q 261 2449 �, • File Date /Time affixed IN WITNESS THEREOF, I have hereunto set my name and axed my seal 19- June -2013 code 126 . CHRISTOPHER L. JACOBS, COUNTY CLERK COMMONWEALTH OF PENNSYLVANIA M&T BANK, ) . COURT OF COMMON PLEAS Plaintiff, ) OF CUMBERLAND COUNTY VS. ) Civil Term, 2013 NOBLE DENTAL ART, INC., ) �CO r i t DAVID L. GUYER a/k/a DAVID GUYER, Docket No. 13-5421 ;:0 ' t- cr.. Defendants., z' =o AFFIDAVIT OF SERVICE STATE OF NEW YORK ) COUNTY OF ERIE :SS. CITY OF BUFFALO ) NICHOLAS M. D'AMBROSIO,being duly sworn, according to law, deposes and says, that he is over the age of 18 and is not a parry to the above captioned action. That on the 23rd day of September, 2013, a copy of the foregoing Notice of Registration of Foreign Judgment was mailed via certified mail, return-receipt requested to: NOBLE DENTAL ART, INC. 438 W. Main Street Walnut Bottom, Pennsylvania 17266, DAVID L. GUYER a/k/a DAVID GUYER 438 W. Main Street Walnut Bottom, Pennsylvania 17266. By: Nicholas M. D'Ambrosio Sworn to jtnd subscribed before me onthisyof 2013. &otNblic OWNUN . �d New1hA HAClient Matters\M&7\Noble Dental Art\Cumberland,PA\m&tbadal.notice&aos.080713.wpd COMMONWEALTH OF PENNSYLVANIA M&T BANK, ) . COURT OF COMMON PLEAS Plaintiff, ) OF CUMBERLAND COUNTY VS. ) Term,2013 NOBLE DENTAL ART,INC., ) DAVID L. GUYER a/k/a DAVID GUYER, ) Docket Nu. ��' Defendants. ) NOTICE OF REGISTRATION OF FOREIGN JUDGMENT TO: NOBLE DENTAL ART,INC. DAVID L. GUYER a/k/a DAVID GUYER You are hereby notified that M&T Bank'has filed'apraecipe seeking the registration of the judgment entered in the New.York State Supreme Court.in and for the County of Erie, against Noble Dental Art,Inc. and David L. Guyer a/k/a David Guyer under Index No.I 2013601182. A copy of the New York Judgment was filed with the Cumberland County Prothonotary on or about the 131-day of R�. ,2013; a copy of which is attached hereto. The address of the Plaintiff,M&T Bank,is One M&T Plaza,Buffalo,New York 14201. Plaintiff's New York State Attorney is Matthew D.Valauri, Esq of Getman&Biryla, LLP,located at 800 Rand Building, 14 Lafayette Square,Buffalo,New York 14203-1995: M&T BANK B �I.0 LLOL Michael E:Nowicki,As stant Vice Pre.,` r sident M&T Bank c/o GETMAN.&BIRYLA,LLP 800 Rand Building 14 Lafayette Square Buffalo,NY 14203-1995 . Tel. (716) 853-4340