DOCKET NUMBER: UWY-CV.I 5-6026501 -S BELLA VISTA ...
DOCKET NUMBER: UWY-CV.I 5-6026501 -S
SUPERIOR COURT
BELLA VISTA CONDOMINIUM ASSOCIATION, lNC.
J.D, OF WATERBURY
vs.
AT WATERBURY
ANPREW WHITE, et al.
DECEMBER 8,2015
MOTION TO OPEN JUDGMENT
The Defendant, Andrew White, (hereinafter the "Defendant") in the above entitled actiqn respectfullly requests that the Court reopen the Judgment of Foreclosure by Sale enterdd
in this actlon on June 22, 2015, on the grounds that he
not properly served with
service of process. On November 23, 2015 the
through his undersigngd
Counsel, filed a Motion to Dismiss this action for lack of
jurisdiction. In support
of this motion, the Defendant represents the following:
I
A Judgment of Foreclosure by Sale entered in this
on June 22,2015. Tne
Sale was conducted on August 24,2015. The Plaintiff
the successful bidder.
ARGUMENT REOUESTED TE$TIMONY MAY BE REQUIRED
R. RICI.IARD CROCE, ILC
438 MAIN STREET, SUITE 202, MIDDLETOWN, CI PHONE: (860)316-5404 F/O(: {860) 986-7156 JURIS
.
.
2. The sale was ap
3.
by the court on October 1 , 2015 and the closing was held
on November 16
15.
On November20,
15 the Defendant, retained the undersigned to represent him
in this action.
4.
On November23, Dismiss" Docket personal jurisd Dismiss with suppo
WHEREFORE, the Defe
15, the undersigned filed a Motion to Dismiss (The "Motion to
No. 125.00) on the grounds that the Court does not have over him based upon lack of service. A copy of the Motion to Affidavit is attached hereto as Exhibit A.
ant respectfully requests that this Court open Judgment of
Foreclosure bv Sale so th t the Court may hear and rule on the Motion to Dismiss.
THE DEFENDANT, ANDREW WHITE
By R. Richard Croce, Esq. His Attorney 438 Main Street, Suite 202 Middletown, CT 06457 860-316-5404 [email protected] Juris No. 403035
R. RTCHARD CROCE, LLC
MAIN STREET,
316-5404
.
SUTTE
FAX:
202, MTDDLETOWN, CT 06457
(860)986-71s6
.
IURISNO. 40303s
ORDER The foregoing Motion having been presented to the Court, ORDERED:
hearing had, it is hereby
GMNTED / DENIED BY THE CO
Judge / Clerk
CERTIFICATION
I certify that the copy of this document was mailed o delivered electronically or non-electron ically on December B, 2015 to all attorneys and self-represented parties,cf
record ancl that written consent for electronic delivery was
from all attorneys and
self-represented parities receiving electronic delivery.
Franklin G. Pilicy 365 Main St. 3'd Fl. PO Box 760 Watertown, CT 06795
Robert P. Ha 365 Main St. Watertown, rphanahan
n
06795 .com
Jason L. Musante PO Box 9084 Waterbury, CT 06724 jaso
nm
usa nte law@g mail. com
Comm
of the Superior Court
R. RICHARD CROCE. LtC
438 MAIN STREET, SUITE 202, MIDDLETOWN, CT PHONET
(860)316-5404
.
FAX:
(860)986-7156
.
JURIS
7
.403035
€,xhi[iL A
DOCKET NUMBER: UWY,CV-l5-6026s01,.S
OR COURT
BELLA VISTA CONDOMINIUM ASSOCIAT|CTN, lNcr.
J.D. OF W TERBURY
:
vs. ANDREW WLllTE, et al.
ATWA NOVEMBE
RBURY
23,2015
The Defendant, Andrew White (the "Defendant',), hereby moves to dismiss the complaint in the above caption€d matter for lack of in personarr jurisd iction because of improper abode service. ln supporl of this lvlotion, the Defendant submits the attacneo Affidavit.
randum of Law and
ARGUIVIENT REQUESTED TESTIIMONY REQUIRED
, Esq. 438 Main Street Ste. 202 Middleiown, CT 7 [email protected] Juris No, 40 His Attorney
The above Motion having been heard / consjdered, it is
y granted / denied,
Judge / Clerk
CERTIFICATIOI'{ This is to certify tlrat a copy of the foregoing was ma , via first class mail, postage prepaid, on November 23, 2015, to the followino in ccordance with Practice Book gg 10-12: Franklin G. Pilicy 365 Main St. 3d fl, PO Box 760 Wateriown, CT 06795
Robeft P. Harrahan 365 Main St, Watertown, Ct
Jason L. Musante PO Box 9084 Waterbury, CT 06724
R. Richard Comm issio
r of the Superior Court
DOcKET NUMBER: UWY_{:V.1g-6026501"S
BELLA VISTA CONDO[/lINIIUNI ASSOCtATtoN, tNC. vs,
SUPERIOR COURT
J.D, OF WA,TERBURY AT WATERBURY
ANDREW VVHtTE, et al.
NO'VEMBEFI 19,2015
BEFORE ME the undersigned aulhority, personally appeared Andfew Whrte, who, after being ciuiy sworn, deposes ancl stares as follows: l, Andrew White, being cluly sworn, hereby depose and sayl
1.
I am
2.
I am over tho age ol elghteen (1B) ancl understand the obligations of ar oath.
3.
the Defenrjant in the above-ca ptioneri foreclos;ure case,
::.?:"^l::"r-i
anc, corfect. 4.
knowtodge of the matters set forih herejn which afe iru€)
On February 17, 2O1S l resided at 1g Darr parker Drive, Waterbufy CT. have lived at that acldress continuously sjnce ggb l exlept for 2013 iolury 2015 wherr I livocj at 675 Wilson Sireei, W,rterOury,
I
iii'
5,
1l or
roJ^Lrty
2O 1 5 did I reside. ar the propedy which l:^t T !i "lat 318 watervitio tls actton street. warr:rbury, cT
is ihe subjecr
6.
I never roceivecl service of process in this itction,
7.
I was unaware ,cf the oendency of this aciion '1 5 2015 when I was told by a neighbor that until approximately August ar s18 watervile Streel, Waterburry Connecttut was aboul to be solcl.
;r;;;p;,i,i
U
has exptained the concepts of jurisdiction anrj abode seruice P,,?yI_"r and I can and do affirmative;ly state anci swear under oarn ano penalty o, perj,ury that foreclosure papers were never left at residence a1 1B Dan Parker Drive Waterbury, Connec|cut on f,enruary f i, 2O.lSor at any time thereafter.
SUBSCRIBED AN
[:*'ffi"'u R. Richard C)roce Commisjsioner of the Superior Court
SUPERIOR COURT
BELLA VISTA CONDOMINIUM ASSOCIATION, lNC.
J.D, OF WATERBURY
vs.
AT WATERBURY
ANPREW WHITE, et al.
DECEMBER 8,2015
MOTION TO OPEN JUDGMENT
The Defendant, Andrew White, (hereinafter the "Defendant") in the above entitled actiqn respectfullly requests that the Court reopen the Judgment of Foreclosure by Sale enterdd
in this actlon on June 22, 2015, on the grounds that he
not properly served with
service of process. On November 23, 2015 the
through his undersigngd
Counsel, filed a Motion to Dismiss this action for lack of
jurisdiction. In support
of this motion, the Defendant represents the following:
I
A Judgment of Foreclosure by Sale entered in this
on June 22,2015. Tne
Sale was conducted on August 24,2015. The Plaintiff
the successful bidder.
ARGUMENT REOUESTED TE$TIMONY MAY BE REQUIRED
R. RICI.IARD CROCE, ILC
438 MAIN STREET, SUITE 202, MIDDLETOWN, CI PHONE: (860)316-5404 F/O(: {860) 986-7156 JURIS
.
.
2. The sale was ap
3.
by the court on October 1 , 2015 and the closing was held
on November 16
15.
On November20,
15 the Defendant, retained the undersigned to represent him
in this action.
4.
On November23, Dismiss" Docket personal jurisd Dismiss with suppo
WHEREFORE, the Defe
15, the undersigned filed a Motion to Dismiss (The "Motion to
No. 125.00) on the grounds that the Court does not have over him based upon lack of service. A copy of the Motion to Affidavit is attached hereto as Exhibit A.
ant respectfully requests that this Court open Judgment of
Foreclosure bv Sale so th t the Court may hear and rule on the Motion to Dismiss.
THE DEFENDANT, ANDREW WHITE
By R. Richard Croce, Esq. His Attorney 438 Main Street, Suite 202 Middletown, CT 06457 860-316-5404 [email protected] Juris No. 403035
R. RTCHARD CROCE, LLC
MAIN STREET,
316-5404
.
SUTTE
FAX:
202, MTDDLETOWN, CT 06457
(860)986-71s6
.
IURISNO. 40303s
ORDER The foregoing Motion having been presented to the Court, ORDERED:
hearing had, it is hereby
GMNTED / DENIED BY THE CO
Judge / Clerk
CERTIFICATION
I certify that the copy of this document was mailed o delivered electronically or non-electron ically on December B, 2015 to all attorneys and self-represented parties,cf
record ancl that written consent for electronic delivery was
from all attorneys and
self-represented parities receiving electronic delivery.
Franklin G. Pilicy 365 Main St. 3'd Fl. PO Box 760 Watertown, CT 06795
Robert P. Ha 365 Main St. Watertown, rphanahan
n
06795 .com
Jason L. Musante PO Box 9084 Waterbury, CT 06724 jaso
nm
usa nte law@g mail. com
Comm
of the Superior Court
R. RICHARD CROCE. LtC
438 MAIN STREET, SUITE 202, MIDDLETOWN, CT PHONET
(860)316-5404
.
FAX:
(860)986-7156
.
JURIS
7
.403035
€,xhi[iL A
DOCKET NUMBER: UWY,CV-l5-6026s01,.S
OR COURT
BELLA VISTA CONDOMINIUM ASSOCIAT|CTN, lNcr.
J.D. OF W TERBURY
:
vs. ANDREW WLllTE, et al.
ATWA NOVEMBE
RBURY
23,2015
The Defendant, Andrew White (the "Defendant',), hereby moves to dismiss the complaint in the above caption€d matter for lack of in personarr jurisd iction because of improper abode service. ln supporl of this lvlotion, the Defendant submits the attacneo Affidavit.
randum of Law and
ARGUIVIENT REQUESTED TESTIIMONY REQUIRED
, Esq. 438 Main Street Ste. 202 Middleiown, CT 7 [email protected] Juris No, 40 His Attorney
The above Motion having been heard / consjdered, it is
y granted / denied,
Judge / Clerk
CERTIFICATIOI'{ This is to certify tlrat a copy of the foregoing was ma , via first class mail, postage prepaid, on November 23, 2015, to the followino in ccordance with Practice Book gg 10-12: Franklin G. Pilicy 365 Main St. 3d fl, PO Box 760 Wateriown, CT 06795
Robeft P. Harrahan 365 Main St, Watertown, Ct
Jason L. Musante PO Box 9084 Waterbury, CT 06724
R. Richard Comm issio
r of the Superior Court
DOcKET NUMBER: UWY_{:V.1g-6026501"S
BELLA VISTA CONDO[/lINIIUNI ASSOCtATtoN, tNC. vs,
SUPERIOR COURT
J.D, OF WA,TERBURY AT WATERBURY
ANDREW VVHtTE, et al.
NO'VEMBEFI 19,2015
BEFORE ME the undersigned aulhority, personally appeared Andfew Whrte, who, after being ciuiy sworn, deposes ancl stares as follows: l, Andrew White, being cluly sworn, hereby depose and sayl
1.
I am
2.
I am over tho age ol elghteen (1B) ancl understand the obligations of ar oath.
3.
the Defenrjant in the above-ca ptioneri foreclos;ure case,
::.?:"^l::"r-i
anc, corfect. 4.
knowtodge of the matters set forih herejn which afe iru€)
On February 17, 2O1S l resided at 1g Darr parker Drive, Waterbufy CT. have lived at that acldress continuously sjnce ggb l exlept for 2013 iolury 2015 wherr I livocj at 675 Wilson Sireei, W,rterOury,
I
iii'
5,
1l or
roJ^Lrty
2O 1 5 did I reside. ar the propedy which l:^t T !i "lat 318 watervitio tls actton street. warr:rbury, cT
is ihe subjecr
6.
I never roceivecl service of process in this itction,
7.
I was unaware ,cf the oendency of this aciion '1 5 2015 when I was told by a neighbor that until approximately August ar s18 watervile Streel, Waterburry Connecttut was aboul to be solcl.
;r;;;p;,i,i
U
has exptained the concepts of jurisdiction anrj abode seruice P,,?yI_"r and I can and do affirmative;ly state anci swear under oarn ano penalty o, perj,ury that foreclosure papers were never left at residence a1 1B Dan Parker Drive Waterbury, Connec|cut on f,enruary f i, 2O.lSor at any time thereafter.
SUBSCRIBED AN
[:*'ffi"'u R. Richard C)roce Commisjsioner of the Superior Court
