Delia et al v. The Leverage Group et al

Filing 13

ORDER Plaintiffs moved the Court for an Order of Attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure and Article 62 of New York Civil Practice Law and Rules. The Court has found that, (1) Plaintiffs have a cause of action against t he Defendants; (2) Plaintiffs are likely to succeed on the merits of their cause of action; (3) grounds for attachment exist because Defendants have assigned, disposed of, encumbered or secreted property, or are about to do so, with the intent to def raud creditors or frustrate the enforcement of a judgment that might be rendered in Plaintiffs favor; (4) the amount Plaintiffs demand from Defendants exceeds all counterclaims known to Plaintiffs. Plaintiffs' motion for an order of attachment is granted. See attached for further details.Ordered by Senior Judge Charles P. Sifton on 2/2/2009. (Sifton, Charles)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------X Ann Marie Delia, William Delia, Robert Sweeney, Veronica Sweeney, Tara Sroka f/k/a/ Tara Sweeney, and Ludvig Haugedal, Plaintiffs, - against The Leverage Group, Leverage Option Management Co., Inc., Leverage Management LLC, North American Financial, Philip Barry LLC, Philip Barry, HK Holdings, LLC, and Joseph's Development Corporation, Defendants. ----------------------------------------X

CV-08-4758(CPS)(SMG) ORDER OF ATTACHMENT

Plaintiffs moved the Court for an Order of Attachment pursuant to Rule 64 of the Federal Rules of Civil Procedure and Article 62 of New York Civil Practice Law and Rules. The Court has found that, (1) Plaintiffs have a cause of action against the Defendants; (2) Plaintiffs are likely to succeed on the merits of their cause of action; (3) grounds for attachment exist because Defendants have assigned, disposed of, encumbered or secreted property, or are about to do so, with the intent to defraud creditors or frustrate the enforcement of a judgment that might be rendered in Plaintiffs' favor; (4) the amount Plaintiffs demand from Defendants exceeds all counterclaims known to Plaintiffs. For these reasons, as supported by the showings of law and fact in Plaintiffs' motion for an order of attachment, the memorandum of law in support of the motion, and all exhibits

attached thereto, and considering the arguments of counsel, it is hereby ORDERED that: 1. granted. 2. 3. The amount to be secured by this order is $913,733. The United States Marshal for the Eastern District of Plaintiffs' motion for an order of attachment is

New York, or any person appointed to act in his place and stead, shall levy upon the monies, properties, and/or interests in property, personal properties, or debts owing to Defendants Philip Barry, Philip Barry LLC, The Leverage Group, Leverage Option Management Co., Inc., Leverage Management, LLC, and North American Financial to satisfy the obligation contemplated by this order. Such levy shall include, without being limited to, the interests in real property attributable to one or more of the above named defendants, as listed in Attachment A to this Order. 4. The United States Marshall for the Eastern District of New York, or any person appointed to act in his place and stead, shall, for the purpose of satisfying any judgment that may be obtained against the Defendants in this action, pay or deliver to the Clerk of this Court all funds, monies, properties, interests, and obligations levied pursuant to this order. 5. A copy of this Order shall be filed by (1) the United States Marshall for the Eastern District of New York, or any person appointed to act in his place and stead, (2) the Sheriff of any county in New York State, or any person appointed to act

in his place and stead, or (3) by Counsel for Plaintiffs, or any person requested to do so by Counsel for Plaintiffs in each county in which Defendants Philip Barry, Philip Barry LLC, The Leverage Group, Leverage Option Management Co., Inc., Leverage Management, LLC, or North American Financial own property. 6. This Order shall be effective until further Order of this Court. SO ORDERED. Dated : Brooklyn, New York February 2, 2009 By: /s/ Charles P. Sifton (electronically signed) United States District Judge

ATTACHMENT A - DESCRIPTION OF PROPERTIES Municipality 1. Thompson 2. Thompson 3. Thompson 4. Thompson 5. Thompson 6. Thompson Lot and Block Number Section 59, Block 1 Lot 26.4 Sec. 59, Bl. 1, Lot 32 Sec. 59, Bl. 1, Lot 55.3 Sec. 60, Bl. 1, Lot 23 Sec 59, Bl. 1, Lot 55.6 Sec. 62, Bl. 5, Lot 3 Sec. 62, Bl. 4, Lot 3.2 Sec. 62, Bl. 4, Lot 3.3 Sec. 3, Bl. 1, Lot 2.7 Sec. 6, Bl. 2, Lot 36.56 Sec. 62, Bl. 1, Lot 8 Sec. 62, Bl. 1, Lot 10.1 Sec. 62, Bl. 1, Lot 13 Sec. 62, Bl. 4, Lot 3.1 Sec. 59, Bl. 1, Lot 55.2 Sec. 4, Bl. 1, Lot 22 Sec. 3, Bl. 1, Lot 2.98 Sec. 60, Bl. 1, Lot 9.2 Sec. 59, Bl. 1, Lot 55.5 Sec. 59, Bl. 1 Office Where Record is Kept Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Where Recorded Liber. 1213 of Deeds p. 177 Liber. 1224 of Deeds p. 270 Liber. 1231 of Deeds, p. 167 Liber. 1249 of Deeds, p. 136 Liber. 1262 of Deeds p. 192 Liber. 1278 of Land Records, p. 329

7. Forestburgh 8. Forestburgh 9. Thompson

Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk

Liber. 1285 of Deeds p. 71 Liber. 1327 of Deeds p. 64 Liber. 1348 of Deeds p. 381

10. Thompson 11. Cochecton 12. Forestburgh 13. Thompson 14. Thompson 15. Thompson

Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk

Liber. 1348 of Deeds p. 552 Liber 1588 of Land Records, p. 5 Liber 1759 of Land Records, p. 185 Liber. 1822 of Land Records, p. 227 Liber. 1893 of Land Records, p. 341 Liber. 1895 of Deeds

16. Thompson

17. Thompson 18. Thompson 19. Thompson 20. Thompson

21. Thompson 22. Thompson 23. Forestburgh 24. Forestburgh 25. Brasher 26. Brooklyn 27. Brooklyn

Lot 54.1 Sec. 49, Bl. 1, Lot 7.2 Sec. 49, Bl. 1 Lot 14.1 Sec. 60, Bl 1 Lot 20.1 Sec. 61, Bl. 1, Lot 11 Sec. 61, Bl. 1, Lot 25 Sec. 61, Bl. 1, Lot 19.3 Sec. 61, Bl. 1 Lot 37 Sec. 61, Bl. 1 Lot 40 Sec. 60, Bl. 1 Lot 9.3 Sec. 61, Bl. 1 Lot 10.6 Sec. 3, Bl. 1, Lot 2.6 Sec. 6, Bl. 2 Lot 36.41 Sec. 17.004, Bl. 3 Lot 8 477 82nd Street 8126 5th Avenue Block 5998, Lot 51

Sullivan Co. Clerk

p. 80 Liber. 1954 of Land Records, p. 162

Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk

Liber. 2019 of Land Records, p. 153 Liber. 2063 of Land Records, p. 393 Liber. 2064 of Land Records, p. 519 Liber. 2089 of Land Records, p. 453 Liber. 2114 of Land Records, p. 103 Liber. 2142 of Land Records, p. 32 Liber. 2144 of Land Records, p. 592 Liber. 2263 of Land Records, p. 74 Deed Book 1068 p. 1019

Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk Sullivan Co. Clerk St. Lawrence Co. Clerk Kings Co. Clerk Kings Co. Clerk