On April 12, 2024 a
Motion,Ex Parte
was filed
involving a dispute between
Commonwealth Of Massachusetts,
and
Two Thousand Nine Hundred Seventy-Five Dollars,
for Administrative Civil Actions
in the District Court of Worcester County.
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Date Filed 4/12/2024 12:47 PM
‘Superior Court - Worcester
Docket Number
E-Filed
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. WORCESTER SUPERIOR COURT
DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION NO. 2485CV 434 B
COMMONWEALTH OF MASSACHUSETTS
MOTION FOR ORDER OF
NOTICE PURSUANT TO
yVa: SUPERIOR COURT RULE
74
TWO THOUSAND NINE HUNDRED
SEVENTY-FIVE DOLLARS ($2,975.00)
IN UNITED STATES CURRENCY,
DEFENDANT
INTE) D PARTIES/POTENTIAL CLAIMANTS
KARINA HERRERA
DOB 05/24/00
EDGAR JAVIER JORDAN
DOB:04/08/99-
Now comes the Plaintiff Commonwealth in the above-captioned in rem, civil forfeiture
case matter, and pursuant to Superior Court Rule 74 moves that the Court issue an Order of Notice
requiring the Plaintiff to notify the above-named persons and potential claimants who may own or
have an interest in the in rem Defendant property seized by the police
In support of this motion, the Plaintiff Commonwealth states that Superior Rule 74
requires that the Commonwealth should provide actual notice to each interested person and
potential claimant: (a) from whose possession the property was seized; (b) who holds registered or
recorded title to the seized property; or (c) who, according to information known to or within the
possession, custody, or control of the Commonwealth, has or may claim an interest in the seized
property.
Notice shall be served on any interested person and potential claimant who is not
incarcerated either in hand, or by Certified or Registered mail requiring a signed receipt. Notice
shall be served on any such person who is incarcerated either in hand by a custodial officer at the
person’s place of incarceration, or by Certified or Registered mail requiring a signed receipt and
addressed to that person at the place of incarceration. If the person being served is represented by
an attorney in the above-captioned civil forfeiture matter and/or in a related criminal proceeding,
notice also shall be served on each such attomey by First Class mail at the office address indicated
by the Massachusetts Board of Bar Overseers.
The Plaintiff also moves that, in addition to serving notice to the interested persons and
potential claimants by Certified or Registered mail, the Plaintiff be allowed to serve supplemental
Date Filed 4/12/2024 12:47 PM
‘Superior Court - Worcester
Docket Number
notice by First Class mail. See Jones v. Flowers, 547 U.S. 220, 226 (2006).
For the Plaintiff
COMMONWEALTH OF MASSACHUSETTS
Respectfully submitted by,
-
Krista L: Wallace
Assistant District Attorney
Worcester Trial Court
225 Main Street;:Room G-301
Worcester, MA. 01608-1203 °
(774) 317-2404
mid.assetforfeiture@mass.go
BBO # 663232
Date: April 12, 2024
Bi
Date Filed 4/12/2024 12:47 PM
Superior Court - Worcester
Docket Number
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. WORCESTER SUPERIOR COURT
DEPARTMENT OF THE TRIAL COURT
CIVIL ACTION NO. 2485CV
COMMONWEALTH OF MASSACHUSETTS )
ORDER.OF NOTICE
PURSUANT TO SUPERIOR
COURT RULE 74
TWO THOUSAND NINE HUNDRED
SEVENTY-FIVE DOLLARS ($2,975.00)
IN UNITED STATES CURRENCY,
DEFENDANT )
3
INTERESTED PARTIES/POTENTIAL CLAIMANTS
it
KARINA HERRERA
DOB 05/24/00 Ke
EDGAR JAVIER JORDAN
DOB 04/08/99
After review of the Plaintiff's Motion for Order of Notice Pursuant to Superior Court Rule
74, it is hereby ordered:
1. The Plaintiff shall give notice to each interested party and potential claimant identified above:
(a) from whose possession the in rem Defendant property was seized; (b) who holds registered
or recorded title to the in rem Defendant property; or (c) who, according to information known
to or within the possession, custody, or control of the Commonwealth, has or may claim an
interest in the in rem Defendant property.
Notice shall be served to any interested person and potential claimant who is not incarcerated
either in hand, or by Certified or Registered mail requiring a signed receipt and by First Class
mail. Notice shall be served to any such person who is incarcerated either in hand by a custodial
officer at the person’s place of incarceration, or by Certified or Registered mail requiring a
signed receipt and by First Class Mail, addressed to that person at the place of incarceration.
If the person being served is represented by an attorney in this forfeiture matter and/or in a
related criminal proceeding, notice also shall be served to each such attorney.
Service of notice to each interested person and potential claimant identified above shall be
made within ten (10) business days after the receipt of this order.
sos eos
Document Filed Date
April 12, 2024
Case Filing Date
April 12, 2024
Category
Administrative Civil Actions
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Date Filed 4/12/2024 12:47 PM ‘Superior Court - Worcester Docket Number E-Filed COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. WORCESTER SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2485CV 434 B COMMONWEALTH OF MASSACHUSETTS MOTION FOR ORDER OF NOTICE PURSUANT TO yVa: SUPERIOR COURT RULE 74 TWO THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS ($2,975.00) IN UNITED STATES CURRENCY, DEFENDANT INTE) D PARTIES/POTENTIAL CLAIMANTS KARINA HERRERA DOB 05/24/00 EDGAR JAVIER JORDAN DOB:04/08/99- Now comes the Plaintiff Commonwealth in the above-captioned in rem, civil forfeiture case matter, and pursuant to Superior Court Rule 74 moves that the Court issue an Order of Notice requiring the Plaintiff to notify the above-named persons and potential claimants who may own or have an interest in the in rem Defendant property seized by the police In support of this motion, the Plaintiff Commonwealth states that Superior Rule 74 requires that the Commonwealth should provide actual notice to each interested person and potential claimant: (a) from whose possession the property was seized; (b) who holds registered or recorded title to the seized property; or (c) who, according to information known to or within the possession, custody, or control of the Commonwealth, has or may claim an interest in the seized property. Notice shall be served on any interested person and potential claimant who is not incarcerated either in hand, or by Certified or Registered mail requiring a signed receipt. Notice shall be served on any such person who is incarcerated either in hand by a custodial officer at the person’s place of incarceration, or by Certified or Registered mail requiring a signed receipt and addressed to that person at the place of incarceration. If the person being served is represented by an attorney in the above-captioned civil forfeiture matter and/or in a related criminal proceeding, notice also shall be served on each such attomey by First Class mail at the office address indicated by the Massachusetts Board of Bar Overseers. The Plaintiff also moves that, in addition to serving notice to the interested persons and potential claimants by Certified or Registered mail, the Plaintiff be allowed to serve supplemental Date Filed 4/12/2024 12:47 PM ‘Superior Court - Worcester Docket Number notice by First Class mail. See Jones v. Flowers, 547 U.S. 220, 226 (2006). For the Plaintiff COMMONWEALTH OF MASSACHUSETTS Respectfully submitted by, - Krista L: Wallace Assistant District Attorney Worcester Trial Court 225 Main Street;:Room G-301 Worcester, MA. 01608-1203 ° (774) 317-2404 mid.assetforfeiture@mass.go BBO # 663232 Date: April 12, 2024 Bi Date Filed 4/12/2024 12:47 PM Superior Court - Worcester Docket Number COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. WORCESTER SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT CIVIL ACTION NO. 2485CV COMMONWEALTH OF MASSACHUSETTS ) ORDER.OF NOTICE PURSUANT TO SUPERIOR COURT RULE 74 TWO THOUSAND NINE HUNDRED SEVENTY-FIVE DOLLARS ($2,975.00) IN UNITED STATES CURRENCY, DEFENDANT ) 3 INTERESTED PARTIES/POTENTIAL CLAIMANTS it KARINA HERRERA DOB 05/24/00 Ke EDGAR JAVIER JORDAN DOB 04/08/99 After review of the Plaintiff's Motion for Order of Notice Pursuant to Superior Court Rule 74, it is hereby ordered: 1. The Plaintiff shall give notice to each interested party and potential claimant identified above: (a) from whose possession the in rem Defendant property was seized; (b) who holds registered or recorded title to the in rem Defendant property; or (c) who, according to information known to or within the possession, custody, or control of the Commonwealth, has or may claim an interest in the in rem Defendant property. Notice shall be served to any interested person and potential claimant who is not incarcerated either in hand, or by Certified or Registered mail requiring a signed receipt and by First Class mail. Notice shall be served to any such person who is incarcerated either in hand by a custodial officer at the person’s place of incarceration, or by Certified or Registered mail requiring a signed receipt and by First Class Mail, addressed to that person at the place of incarceration. If the person being served is represented by an attorney in this forfeiture matter and/or in a related criminal proceeding, notice also shall be served to each such attorney. Service of notice to each interested person and potential claimant identified above shall be made within ten (10) business days after the receipt of this order. sos eos