HomeMy WebLinkAbout14-0332 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW YORK COMMUNITY BANK, )
A New York Banking Corporation, )
Plaintiff
2 2 n
V. ) No.
RGU MANAGEMENT, LLC, an Arizona
limited liability company, R. GARTH ULLOM,
an unmarried man, ROCK VIEW VISIONS, ) .2- 0
LLC, an Arizona limited liability company,
ROCK VIEW VISIONS LAND DEVELOPERS,)
LP, an Arizona limited partnership,
SAPPHIRE LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, and )
GARNET LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, )
Defendants )
PRAECIPE FOR ENTRY OF FOREIGN JUDGMENT
TO THE PROTHONOTARY:
1. Pursuant to the Uniform Enforcement of Foreign Judgments Act, 42 Pa.C.S. §
4306, please enter judgment in favor of Plaintiff, NEW YORK COMMUNITY BANK and
against Defendants RGU MANAGEMENT, LLC., R. GARTH ULLOM, ROCK VIEW
VISIONS, LLC, SAPPHIRE LAND DEVELOPMENT, LLC, and GARNET LAND
DEVELOPMENT, LLC, in the amount $208,139.29 to December 31, 2013, plus per diem
interest of $46.85 from and after that date, as follows:
Base Judgment $179,092.29
10.25% interest on $166,837.82 from
4/21/12 to 12/31/13 (620 days @$46.85 per day) $ 29,047.00
Total $208,139.29
n @�3l
)VA to
2. Judgment to be entered per the judgment entered against the Defendants in the
Superior Court of Coconino County, Arizona, in Case No. CV2011- 00825.
3. An exemplified copy of the judgment is attached hereto as Exhibit A. The
Affidavit of George Vossberg is attached as Exhibit B.
Dated: - b I C�2
Jac e' z, Esquire
tty. N . 3 026
Lesav B tz &Seitz LLC
53 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530 -2700
e'
e
i
NOW, ,�04 . ' 6 , 201 ffJUDGME T IS ENTERED AS ABOVE.
Protho Jerk ou s, Civil Division
BY:
Deputy
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW YORK COMMUNITY BANK, )
A New York Banking Corporation, )
Plaintiff )
V. � No.
RGU MANAGEMENT, LLC, an Arizona )
limited liability company, R. GARTH ULLOM, )
an unmarried man, ROCK VIEW VISIONS, )
LLC, an Arizona limited liability company, )
ROCK VIEW VISIONS LAND DEVELOPERS,)
LP, an Arizona limited partnership, )
SAPPHIRE LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, and )
GARNET LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, )
Defendants )
NOTICE OF ENTRY OF FOREIGN JUDGMENT
Pursuant to 42 Pa.C.S. § 4306 and Pa.R.C.P. 236, notice is hereby given that a judgment
against you in the Superior Court of Arizona, Coconino County, was entered in the Court of
Common Pleas, Cumberland County, Pennsylvania on el 201 .
Copies of all documents filed with the Prothonotary /Clerk of Courts, Civil Division, in
support of the within entry of judgment are enclosed.
Prothonotary /C k of ou s, 7c�ivil Divisi
If you have any questions regarding this Notice, please contact the filing party:
Jack M. Seitz, Esquire
Lesavoy Butz & Seitz LLC
7535 Windsor Drive, Suite 200
Allentown, PA 18195
(610) 530 -2700
(This Notice is given in accordance with Pa.R.Civ.P. 236)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW YORK COMMUNITY BANK, )
A New York Banking Corporation, )
Plaintiff )
V.
> No.
RGU MANAGEMENT, LLC, an Arizona )
limited liability company, R. GARTH ULLOM, )
an unmarried man, ROCK VIEW VISIONS, )
LLC, an Arizona limited liability company, )
ROCK VIEW VISIONS LAND DEVELOPERS,)
LP, an Arizona limited partnership, )
SAPPHIRE LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, and )
GARNET LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, )
Defendants )
CERTIFICATION OF PARTIES' ADDRESSES
I, Jack M. Seitz, Esquire, hereby certify as follows:
1. Plaintiff's last known address is as follows:
New York Community Bank
6900 E. Camelback Road, #350
Scottsdale, AZ 85251
2. Defendants' last known addresses are as follows:
RGU MANAGEMENT, LLC R. GARTH ULLOM
c/o R. Garth Ullom, Statutory Agent c/o Pernell W. McGuire
135 Arroyo Pinion, Unit 2 Davis Miles McGuire Gardner
Sedona, AZ 86336 320 North Leroux Street, Suite A.
Flagstaff, AZ 86001
RGU MANAGEMENT, LLC
P.O. Box 302 R. GARTH ULLOM
Sedona, AZ 86336 P.O. Box 302
Sedona, AZ 86336
R. GARTH ULLOM
135 Arroyo Pinion, Unit 2
Sedona, AZ 86336
4
ROCK VIEW VISIONS, LLC ROCK VIEW VISIONS LAND DEVELOPERS, LP
c/o R. Garth Ullom, Statutory Agent P.O. Box 302
135 Arroyo Pinion, Unit 2 Sedona, AZ 86336
Sedona, AZ 86336
ROCK VIEW VISIONS LAND DEVELOPERS, LP
ROCK VIEW VISIONS, LLC c/o R. Garth Ullom, Statutory Agent
P.O. Box 302 135 Arroyo Pinion, Unit 2
Sedona, AZ 86336 Sedona, AZ 86336
SAPPHIRE LAND DEVELOPMENT, LLC GARNET LAND DEVELOPMENT, LLC
P.O. Box 302 c/o R. Garth Ullom, Statutory Agent
Sedona, AZ 86336 135 Arroyo Pinion, Unit 2
Sedona, AZ 86336
SAPPHIRE LAND DEVELOPMENT, LLC
c/o R. Garth Ullom, Statutory Agent GARNET LAND DEVELOPMENT, LLC
135 Arroyo Pinion, Unit 2 P.O. Box 302
Sedona, AZ 86336 Sedona, AZ 86336
Dated: v , 201 C k
Jack a z, s uir
A No.3 026
esavoy Bu z Sei LLC
1, 535 Wind o Driv , Suite 200
Allen own, PA 195
(610) 530 -2700
Notary Public
Attorneys for New York Community Bank
Sworn and subscribed to
before me this 1A
day of w , 201'
O_WADNN OF pENN.MAW
NOTARIAL SEAL
ANDREA B GRIFFIN
Notary Public
UPPER MACUNGIE TWP.. LENIGH CNTY
My Commission Expired Oct 17, 2017
r�
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NEW YORK COMMUNITY BANK, )
A New York Banking Corporation, )
Plaintiff )
V. )
No.
RGU MANAGEMENT, LLC, an Arizona )
limited liability company, R. GARTH ULLOM, )
an unmarried man, ROCK VIEW VISIONS, )
LLC, an Arizona limited liability company, )
ROCK VIEW VISIONS LAND DEVELOPERS,)
LP, an Arizona limited partnership, )
SAPPHIRE LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, and )
GARNET LAND DEVELOPMENT, LLC, )
an Arizona limited liability company, )
Defendants )
AFFIDAVIT OF GEORGE VOSSBERG
1. I am a Vice President of New York Community Bank, a New York banking
organization ( "NYCB ").
2. 1 make the statements herein of my own personal knowledge, except where stated
on information and belief, which statements I believe to be true.
3. NYCB obtained judgments in this matter in the Superior Court of Coconino
County, Arizona, at docket no.CV2011 -00825 as follows (the "Coconino County Judgments "):
(A) on or about April 19, 2012, NYCB obtained a judgment against Defendant
R. GARTH ULLOM in the amount of $179,092.29; and
(B) on or about May 15, 2012, obtained a judgment against Defendants RGU
MANAGEMENT, LLC, ROCK VIEW VISIONS, LLC, ROCK VIEW VISIONS LAND
DEVELOPERS, LP, SAPPHIRE LAND DEVELOPMENT, LLC, and GARNET LAND
DEVELOPMENT, LLC, in the same amount ($179,092.29).
4. NYCB has not received payment on the Coconino County Judgments, which
remain unsatisfied without reduction or credit.
5. The balance owed to NYCB is $208,139.29 to December 31, 2013, as follows
(plus interest of 10.25% on $166,837.82 after December 31, 2013):
Base Judgment $179,092.29
10.25% interest on $166,837.82 from
4/21/12 to 12/31/13 (620 days @$46.85 per day) $ 29,047.00
Total $208,139.29
6. The judgment to be transferred is valid, enforceable and unsatisfied
(as stated above).
J G�
George Wossberg, Vice resident
STATE OF ARIZONA )
COUNTY OF MWO Q )
On this, the a day of,10M 2014, before me personally appeared GEORGE
VOSSBERG, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the within instrument, and acknowledge that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official al.
O�
Notary&blic
*LAno gel?iq ue ublic State of Arizona
a County
Treua ssion Expires o&1612017
11 y
I RYLEY CARLOCK & APPLEWHITE 12 tm I S AH 10; 22
One North Central Avenue, Suite 1200
2 Phoenix Arizona 85004 -4417
Telephone: 602/258 -7701 x� tra
3 Telecopier: 602/257 -9582
4 Christian C.M. Beams — 019672
5 cbeams @rcalaw.com
Allison N. Weyer — 026414
6 aweyer @rcalaw.com
Attorneys for Plaintiff
7
SUPERIOR COURT OF ARIZONA
8
9 COCONINO COUNTY
NEW YORK COMMUNITY BANK, a New Case No. CV2011 -00825
10 York banking corporation,
DEFAULT JUDGMENT
I I Plaintiff,
12 (Sum Certain)
v.
(Assigned to the
13 RGU MANAGEMENT, LLC, an Arizona Honorable Jacqueline Hatch)
limited liability company; R. GARTH
14 ULLOM, an unmarried man; JANE R.
ULLOM, an unmarried woman; ROCK
15 VIEW VISIONS, LLC, an Arizona limited
liability company; ROCK VIEW VISIONS
16 LAND DEVELOPERS, LP, an Arizona
limited partnership; SAPPHIRE LAND
17 DEVELOPMENT, LLC, an Arizona limited
liability company; AND GARNET LAND
18 DEVELOPMENT, LLC, an Arizona limited
19 liability cornpany,
20
Defendants.
21 THIS MATTER having come before the Court on New York Community Bank's
22 ( "Plaintiff') Motion for Entry of Judgment by Default against RGU Management, LLC; Rock
23 View Visions, LLC; Rock View Visions Land Developers, LP; Sapphire Land Development,
24 LLC; and Garnet Land Development, LLC (collectively, "Defendants "), under Rule 55(b)(1),
25 Ariz. R.Civ.P., the Court, having reviewed the pleadings of record and the declarations submitted
26 in connection therewith, finds Defendants have been properly served with the Complaint,
2287342
i
i
I Summonses, and Certificate of Compulsory Arbitration, tl�at Defendants have failed to appear or
2 otherwise defend against Plaintiffs Complaint and the claims therein, and that Plaintiff is
3 entitled to the relief requested. Based upon the foregoing findings, and for good cause
4 appearing therefor,
5 IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff be awarded
6 judgment against Defendants, as of April 20, 2012, as follows:
7 1. Awarding unpaid principal in the amount of $148,414.13;
8 2. Awarding late charges in the amount of $690.55;
9 3. Awarding title and legal fees in the arnount of $6,021.24;
10 4. Awarding accrued interest in the amount of $12,254.47;
11 5. Awarding attorneys' fees in the amount of $10,919.40;
12 6. Awarding taxable costs in the amount; of $792.50;
13 7. Awarding interest accruing on the amounts in paragraphs 1, 2, 3, 5 and 6 at
14 the rate of 10.25% per annum from April 21, 2012, until poid in full;; and
15 8. Directing that there is no just reason for delay, and that this judgment shall
16 be entered as a final judgment, under Rule 54(b), Ariz.R.CN.P.
17 DATED this ILW \d, of 1 t , 2012.
18 i
19 <Ju d g
r
20
21
22
23 1 he lore going insirun tee a as a Wi "true and
24 C orrL-ct copy of the originsl on file in this
office.
25 AtteSt_ I 6
DEBORAH YOUNG, Clerk of the Superior
2 .ourt a S' to of izons, in and for the
y'N� ;oun i
1 V1 6y deputy
S'
-2- -_
DEBORAH YOUNG: CLERK
aY _. _ .._� ')' Y
12 A R 19 AM 9.54
1 RYLEY CARLOCK & APPLEWHITE
One North Central Avenue, Suite 1200
2 Phoenix, Arizona 85004 -4417
Telephone: 602/258 -7701
3 Telecopier: 602/257 -9582
4 Christian C.M. Beams -= 019672
5 cbeams @rcalaw.com
Allison N. Weyer - 026414
6 aweyer @rcalaw - .com
Attorneys for Plaintiff
7
SUPERIOR COURT OF ARIZONA
8
COCONINO COUNTY
NEW YORK COMMUNITY BANK, a New Case No. CV2011 -00825
10 York banking corporation,
11 Plaintiff,
DEFAULT JUDGMENT
.
12 v. .
(Sum Certain)
(Assigned to the
1 3 RGU MANAGEMENT, LLC, an Arizona Honorable Jacqueline Hatch)
limited liability company; R. GARTH
14 ULLOM, an unmarried man; JANE R.
ULLOM, an unmarried woman; ROCK.
15 VIEW VISIONS, LLC, an Arizona limited
liability company; OCK VIEW VISIONS
16 LAND DEVELOPERS, LP, an Arizona
limited partnership; SAPPHIRE LAND I
17 DEVELOPMENT, LLC, an Arizona limited
liability company; AND GARNET LAND
18 DEVELOPMENT, LLC, an Arizona limited
liability company,
19
20 Defendants.
21 THIS MATTER having come before the Court on New York Community Bank's
22 ( "Plaintiff') Motion for Entry of Judgment by Default against R. Garth Ullom ( "Defendant "),
23 under Rule 55(b)(1), Ariz.R.Civ.P., the Court, having reviewed the pleadings of record and the
24 declarations submitted in connection therewith, finds Defendant has been properly served with
25 the Complaint, Summons, and Certificate of Compulsory Arbitration, that Defendant has failed
26 to appear or otherwise defend against Plaintiffs Complaint and the claims therein within, the
2139193
n
I period prescribed by law, or at all, and that Plaintiff is entitled to the relief requested. Based
2 upon the foregoing findings, and for good cause appearing therefor,
3 IT IS ORDERED, ADJUDGED, AND DECREED that Plaintiff be awarded
4 judgment against Defendant, as of February 3, 2012, as follows:
5 1. Awarding unpaid principal in the amount of $148,414.13;
6 2. Awarding late charges in the amount of $690.55;
7 3. Awarding title and legal fees in the amount of $6,021.24;
8 4. Awarding accrued interest in the amount of $9,001.38;
9 5. Awarding attorneys' fees in the amount of $7,573.60;
10 6. Awarding taxable costs in the amount of $792.50;
11 7. Awarding interest accruing on the amounts in paragraphs 1, 2, 3, 5 and 6 at
12 the rate of 10.25% per annum ($42.46 per diem) from February 4, 2012, until paid in full;; and
13 8. Directing that there is no just reason for delay, and that this judgment shall
14 be entered as a final judgment,:under Rule 54(b), Ariz.R. Civ.P.
15 DATED this Jq day of , 2012.
16
17
18
6Jud/Commissioner of the Superior Court �`
19
20 ;
21
22
The for oing instrument is a full true and
23 corrW y -e
26 Coun f the original on Ya in this
24
Att offi ce. o do l�
25 DEBORAH YOUNG, Clerk o the Superior
Court he State of Arizona, in and for the
i
By Deputy
-SI
{� 2
A PROFESSIONAL CORPORATION
RYLEYCARLOCK
One North Central Avenue, Suite 1200
& A P P L E W H � T E Phoenix, Arizona 85004 -4417
Attorneys P 602.258.7701 F 602.257.9582
Offices in Arizona & Colorado
www.rcaiaw.com
Christian C.M. Beams
Direct Line: 602- 440 -4818
Direct Fax: 602 - 257 -6918
E -mail: cbeams@rcalaw.com
January 10, 2014
Via Email (iseitzALesavoyButz.com)
and U.S. Ordinary Mail
Jack M. Seitz, Esq.
Lesavoy Butz & Seitz LLC
One Windsor Plaza
7535 Windsor Drive, Suite 200
Allentown, PA 18195
Re: New York Community Bank v. Beaver Creek Land Developers,
Yavapai County Case No. V- 1300 -CV- 201180422; and
New York Community Bank v. RGU Management, LLC,
Coconino County Case No. CV2011 -00825
Dear Jack:
Thank you for taking my call this morning. As we discussed, Arizona courts will not
certify docket lists or entries because, as they reason, these docket lists are created for their
internal use. They do certify Judgments themselves, of course, and I understand these are
already in your possession. To the extent helpful, I have enclosed copies of the docket for
each above -referenced case.
Please let me know if you require any other materials to effectuate the domestication
of these Judgments. Thar! you very much.
Z stian eams
En closures
3453989.1
Arizona Judicial Branch - Public Access Page I of 2
Public Access to Court Information Case Search
- c — ase information
Case Number: S-0300-CV-201100825
Title: NEW YORK COMMUNITY BANK PLAI Category: Civil
Court: Coconino County Superior Filing Date: 10/3/2011
------ Date:
........ ..
GARNETT LAND DEVELOPMENT LLC DEFENDANT - D 7
NEW VYORK _d6MMiikiTy* _NT_I_F - ------ P 1 . . ..... ....
. . . . .... .... ..... ................
RGU MANAGEMENT LLC DEFENDANT - D I
ROCK "VIEW VISIONS ' ILO b NT -- - - D 5
ROCK VIEW VISIONS LLC DEFENDANT - D 4
JANE R ULLOM DEFENDANT - D 3
R GARTH ULLOM DEFENDANT - D 2
�Case Activity
i 'Date Description
j Party.
7/24/2012 CERTIFICATE: TRANSMITTAL IP 1
. 1...._..._...__.._.._..___......_._... ............... ---------- . . ...... ... - -----
6/25/2012 I ORDER: Granting 1D1
6/22/2012 MOTION: Change of Venue D 1
5115/2012 JUDGMENT: Judgment --
1P1
i4/2 2 A' - P P I A - T - 1 0__ I`N - E N_ T R 'Y'- 6 6 E F" - A
1. i pi
14/23/2012 MOTION: Attorney Fees
P 1
14/23/2012 MISCELLANEOUS: Miscellaneous j P 1
1 4/19/2012 1 Minute Entry: Default Judgment 'Pi
14/19/2012 JUDGMENT: Default 1 PI
3/30/2012 Minute Entry: Order - Resetting/Continue
I P I
!.3/2.9/20.1.2.1.. STIPULATION: STIPULATION TO SUBSTITUTE COUNSEL fD3
3/5/2012 Minute Entry: Case Management Conference P I
........ .. - .... ... . ....... ............ . . ... ... ......
2/10/2012 STATEMENT: STATEMENT I !P1
2/10/2012 1 P 1
APPLICATION: APPLICATION
1 2/10/2012 MOTION: Motion
- P1
1 1/27/2012 AFFIDAVIT: AFFIDAVIT OF MAILING P 1
1 1/24/2012 ANSWER: ANSWER 1D2
1/18/2012 j APPLICATION: ENTRY OF DEFAULT ip
. 12/30/2011 APPLICATION: ENTRY OF DEFAULT P 1
....... . ..... . . ..... .......
12/27/2011 ORDER: SUBSTITUTING COUNSEL j D 3
12/21/2011 i STIPULATION: STIPULATION TO SUBSTITUTE COUNSEL j 3
. 1211/2011 SERVICE: Certificate 1 P1
12/1/2011 SERVICE: Certificate !P1
11211/2011 I SERVICE: Certificate
;P1
12/1/2011 SERVICE: Certificate P I
.... . ... . .. ... ... ....... .... ........ ........
12/1/2011 t SERVICE: Certificate !P1
12/1/2011 'SERVICE: Certificate
!P1
11/30/2011 'Order: Setting Case Management Conference
D 2
w
11110/2011 ORDER: ORDER FOR APPROVAL OF ALTERNATIVE METHODS OF SERVICE P 1
bttp://apps.supremecourt.az.gov/publicaccess/print.aspx 1/10/2014
Arizona Judicial Branch - Public Access Page 2 of 2
11/10/2011 ?ANSWER: AND CROSS CLAIM D 3
j 11/9/2011 MOTION: MOTION FOR APPROVAL OF ALTERNATIVE METHODS OF SERVIC : P 1
10/26/2011 SERVICE: ACCEPTANCE !P1
10/3/2011 COMPLAINT: Complaint ! P 1
10/3/2011 ARBITRATION: Certificate of Compulsory Arbitration 1PI
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