Professional Documents
Culture Documents
~'LAWRENCE
CITY 0F:OGDENSBURG
-_~;:r
l~i~NOV 24 A fi.:53
NOTICE
OF MOTION
FOR DEFAULT
JUDGMENT
DONALD TRACY,
Plaintiff
-againstIndex No.CV 243-14
Defendant
PLEASE
Tracy,
Plaintiff
the exhibits
herein,
annexed
o'clock
motion
affidavit
thereto,
Lawrence,
TAKE NOTICE
the undersigned
to beheld
County
Default Judgment
plus interest
thereon,
at 9:00
for services
,
\
\
as the
Plaintiff
rendered
further,
at
of St.
different
located
in the forenoon
of Donald
and
and appearances
are neither
Dated: November
of
required
is deemed
to
nor permitted
the Court.
20, 2014
- Bee
PI
6 West Main Street
Canton, New York 13617
Phone No.: (315) 386-1620
CITY OF OGDENSBURG
CITY COURT
Donald Tracy,
Plaintiff
AFFIDA VIT OF
SERVICE BY MAIL
-against-
Mary Rain,
Defendant.
....
""
,/
)
)SS:
)
Bonnie B. Tracy, being duly sworn, says: that deponent is not a party to this action, is over 21 years
of age and resides at Canton, New York. That ~n November 21, 2014, at4:00~p.m., deponent served the
within Affidavit of Cost and Disbursements;' AffidaVit in Support of Motion for Default Judgment;
_
".
.. ~
.,-
Notice of Motion'for Default Judgment; Default Judgment on the following by depositing said papers in a
stamped, sealed envelope at the United States Postal Office, Park St., Canton, NY 13617 marked for delivery
.~/;.
~o:Mary Rain, 307 Elizabeth St., Ogdensburg, NY 13669 with a return address of 64 West Main St., Canton,
NY 13617.
Sworn to before me on
November 21, 2014
~
iv:
CITY OF OGDENSBURG
CITY COURT
DONALD TRACY,
...
t
AFFIDAVIT
IN SUPPORT
OF MOTION
JUDGMENT
FOR DEFAULT
""".-
_"""
1 ..
53
Plaintiff
-againstIndex No.CV 243-14
MARY RAIN,
Defendant
.',
State of New York
} ss.:
County of St. Lawrence
Donald Tracy, being duly sworn, deposes
1.
I am the plaintiff
this
affidavit
default
2.
The
in theabove~entitled
in support
pursuant
and says:
action,
of my application
and I make
for judgment
by
to CPLR ~3215.
above-entitled
action
was
brought
by
me
against
the
4.
Complaint,
The above-entitled
of the claim.
Plaintiff's
s A and S, upon
August,
2014.
A true
annexed
hereto as Exhibit
service of
copy
C.
the defendant
of the Affidavit
of Service
of
is
5.
The
defendant
captioned
"Verified Answer"
the Answer,
6.
Pursuant
7.
but instead
to
document
sent a document
CPLR
Rule
0hich,
although
verification
pleading
of
of the Complaint.
Plaintiff
3022,
as an unverified
Upon Plaintiff's
to plaintiff
chose
to
treat
the
and a nullity.
of
the,?S?:c~:rJent
,<~>ifit"
wa~<:A!]IDecli~5s1
i~!-_urne5=L.:t;o
..,th~.
:ge:E~nda~t
wi th notice that it was being treated as an unverified
pleading
and
defendant
8:
has
about
received
now
expired,. and
time to plead
is now in default
or
11.
That
owing
of the
September,
of defendant's
application
is now $1,366.75,
that amount.
to the
D.
the
defendant
has
to
not
and she
in pleading.
from defendant
after
letter
to the Complaint.
2014,
plaintiff
in the ~mount
copy
The defendant's
On
true
Complaint
Answered
10.
9.
a nullity.
deposited
of $441.00.
check
Plaintiff
bill.
of the payment,
and plaintiff
the balance
requests
due and
judgment
for
WHEREFORE
Plaintiff
defendant
on default
requests
judgment
of appearance
be
entered
and pleading
further
or different
relief
the
in the amount
against
of
of this action
as to the Court
seems
,-.
--"
._~'.
Notary
Public
SUSAN E. SEIDEL
Notary Public, State of New York
No.01SE6224714
Qualified in St. lawrence c. ou~. . _.
Commission Expires July 12p,,(Q{(5
This
document
practice
in
was prepared
for
a pro
se litigant
with
assistance
from
an
attorney
admitted
to
ZOl1i NOV24
- _ -" '-I
..
A II: 53
AFFIDAVIT
OF COSTS
AND DISBURSEMENTS
DONALD TRACY,
Plaintiff
-againstIndex No.CV 243-14
MARY RAIN,
} ss.:
and says:
'
.'1
64 West Main
Street,
Canton,:
New York.
...
~
..
.
.,
'.'
2.
above-captioned
3.
That
taxable
the
matter
pUfsuant
following
disbursements
of
in th~
to UCCA ~1907.
Plaintiff's
taxable
costs
and'necessary
~--- ----~
and
the
and have
Service of Summons
...
- ~-
"""""'-
and Complaint
Filing fee
Transcript
of Judgment
Entering
and docketing
:-"
J
._~.-..
$100.00
$ 6.00
at the office
. . . . .'$ 10.00
CUCCA ~1908(e))
served
(UCCA ~:1908.(e))'
~
..
$ 92.00
,.',f
$ 50.00
"
$ 45.00
....
judgment
-~-
(UCCA ~1907)
.'~
$ 303.00
5.
That
the
total
Dated: November
taxable
cOsts
and
disbursements
are
Three
($303.00).
20, 2014
,~.~~
Notary
Public
SUSAN E. SEIDEL
Notary Public, State of New York
No. 01 SE6224714
Oualified in St. Lawrence COU~}."
Commission Expires July 12~t::>
__
This
document
practice
in
was prepared
for
a pro
58
.___..---
litigant
s-
with
assistance
from
an
attorney
admitted
to
./
I
DONALD TRACY,
Ii
DEFAULT
JUDGMENT
Plaintiff
-against-
Defendant
not having
appeared, _ answered,
or raised
an
Now, upon the Summons and Complaint and proof of service thereof,
the affidavit of Donald Tracy, sworn to on the 5th day of August ,
2014, and upon motion of Plaintiff, Donald Tracy, it is
Ordered, Adjudged
Donald Tracy,
Mary
Rain,
residing
at
307
Elizabeth
Street,
City
of
Ogdensburg, County of St. Lawrence and State of New York, the sum
of $1,807.75,
minus
$441.00
paid by
II
i
j
defendant
on account,
plaintiff
have execution
Judgment. signed
LISA MARIE
Chief
Clerk
this
leaving
a balance
of
$1,669.75,
and
that
therefor.
CQ~
day of
~O/'5
,~.
I
I
MEYER
I of the
Court
Ii.
I
Index Number
TRANSCRIPT OF JUDGMENT
TRADE OR
PROFESSION
JUDGMENT RENDERED
AMOUNT
Date
Date
01/16/2015
Damages
County
St. Lawrence
Costs
Index No.
Court
Ogdensburg City
Court
10:31 AM
EXECUTION
RETURNED
UNSATISFIED
Unknown
NY 13669
CV-000243-14/0G
$1,366.75
Self Represented
$303.00
$1,669,75
Total
SATISFIED
WHEN
,/
I, the undersigned judge/clerk of Ogdensburg City Court held at Ogdensburg City Hall, 330 Ford Street, Ogdensburg,
NY 13669, do hereby certify that the above is a correct transcription from the docket of the above judgment. I further
certify that defendants, and/or debtors have been summoned, proof of which is filed, with the above referenced court.
In testi.mony whereof, I have hereunto set my name and affixed my official seal on this date: January 21, 2015
tl\f6l\mw~
of
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..