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HomeMy WebLinkAbout10-2248No. -frat AOC-065 ??+???se Fri Rev. 09-08 (FOR OUT OF STATE USE) Page 1 of 1 {. L `C Commonwealth of Kentucky +Q Court of Justice www.courts.kygov sit 28 U.S.C. Sec.1738; CERTIFICATION ACT County Boyd FRCP Rule 44 OF CONGRESS UNITED STATES OF AMERICA STATE OF KENTUCKY, r.? SS. C °- Boyd County -13U ' i LINDA KAY BAKER Clerk of BOYD CIRCUIT Court, in an ? ?' the c i 1 State and County aforesaid, do hereby certify that the foregoing is a full, true and correct ?' rn copy of_ DEFAULT jUDGMENT IN STEEN FUNERAL HOME VS. PEGGY LEE NIEVE5 T' in the case, as appears of record in my office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court aforesaid, at the city of CATLETTSBURG _ this 2ND day of MARCH 20_10 C;?e? ?? I-& lerk STATE OF KENTUCKY, Boyd County GEORGE DAVIS Judge of the BOYD CIRCUIT Court in the state and county aforesaid, do certify that LNDA KAY BAKER --, who has signed the foregoing certificate, is, and was at the time of same, Clerk of said Court, duly elected and qualified; that all his/her official acts as such are entitled to full faith and credit, and that his/her foregoing attestation is in due form of law. 41-9 DU Ida$y if ck.e.1» n-l? ?- 3 59aS Naf t, e- ft SS. GIVEN UNDER MY HAND, at the City of CATLETTSBURG TENDERED-] AUG 27 21M COMMONWEALTH OF KENTUCKY "' BOYD CIRCUIT COURT BY: p C. DIVISION I 09-CI-00959 STEEN FUNERAL HOME -VS- PEGGY LEE NIEVES &W6RED LIX1Y E'aV . SEP - 9 _ BOYp CIRCUIT' ISTRICT COU^T BY. O.C. PLAINTIFF, DEFENDANT. This matter came before the Court on the motion of the plaintiff, Steen Funeral Home, for default judgment against the defendant, Peggy Lee Nieves. The Court finds that Peggy Lee Nieves has been duly served in this action for more than twenty (20) days and has failed to plead or otherwise defend the allegations contained in the Complaint as provided by the Kentucky Rules of Civil Procedure, and being otherwise fully and sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED AS FOLLOWS: 1. The plaintiff, Steen Funeral Home, shall have judgment by default against the defendant, Peggy Lee Nieves, in the amount of Seven Thousand, Seven Hundred ($7,700.00) Dollars plus interest thereon at the rate of Eighteen (18%) percent per annum from and after November 12, 2008, until the date hereof, then interest thereon at the rate of Twelve (12%) percent per annum until fully paid. 2. The plaintiff, Steen Funeral Home, shall further have judgment by default against the defendant, Peggy Lee Nieves, for its costs herein expended, including all DEFAULT JUDGMENT reasonable attorney's fees incurred. 3. There being no just cause for delay, this is a final, appealable judgment pursuant to the provisions of CR 54.02 and all other applicable law. 4. The plaintiff may have execution for all or any part thereof, forthwith. This the day of Attest; 2009. ?r UDGE B D DI T ICT COURT DIVIS 1O 1 CERTIFICATE OF SERVICE hereby certify that a true and correct copy of the foregoing Default Judgment has been mailed, postage pre-paid, to: Hon. Daniel King, III P.O. Box 303 Catlettsburg, Kentucky 41129 COUNSEL FOR PLAINTIFF Peggy Lee Nieves 16722 Wrangletown Road Shirleysburg, PA 17260 DEFENDANT This the C) day of September, 2009. LINDA KAY BAKER, CLERK BOYD CIRCUIT/DISTRICT COURT BY: _ , D.C. _ou tNet Inquiry Results - Not An Official Court Record Page 1 of 1 DANKING 3/2/2010 11:2120 AM Information from this system cannot be used for employment, licensing, eligibility for government programs or any public dissemination. This responsibility resides solely with the Kentucky Court of Justice. Any violation will result in immediate suspension of access. BOYD CIRCUIT COURT / CASE NUMBER: 09-CI-00959 Log Off A STEEN FUNERAL HOME, VS. NIEVES, PEGGY LEE -? Source: S Filed on 07/15/2009 CONTRACT ; Open Judge: HON. MARC I. ROSEN Disposed on Judge: HON. GEORGE W. DAVIS, III; Disp Type: DEFAULT JUDGMENT 09/09/2009 PLAINTIFF / PETITIONER: STEEN FUNERAL HOME , F Address DEFENDANT / RESPONDENT: NIEVES, PEGGY LEE @00000302952 F Address -7 116722 WRANGLETOWN ROAD ; SHIRLEYSBURG, PA 17260 KY SEC OF STATE RECV'D 07/17/2009= Summons: Issued on: 07/15/2009 CIVIL SUMMONS =8/5/09 RECVD LETTER CONFIRMING SE RVICE ON 7/31/09 ATTORNEY FOR PLAINTIFF: KING,III, DANIEL @00000302953 F Address 1200 BATH AVE. PO BOX 1856; ASHLAND, KY 41105-1856 Document (s) Information Filed on 07/15/2009 COMPLAINT / PETITION $7700.00 PLUS INTEREST RATE 18% PE R 2 Filed on 09/09/2009 JUDGMENT -DEFAULT; FIRST ANNUM FROM NOVEMBER 12, 2008 THE N CLASS MAIL 12% PLUS COSTS AND REASONABLE AT TY FEES Court Date(s) Information 1? MOTION HOUR on 09/04/2009 Judge: HON. GEORGE W. DAVIS, III Time: 0930 hours ? Motion 1 filed on: 08/27/2009 j MOTION FOR DEFAULT JUDGMENT; Filed * B j ***** y:AP; Disp: ; Manner Type: County information last updated on: 3/2/2010 11:15:00 AM i Main Search Calendar Charge Disposition Citation Search Future Dates User Account Contact Us Report A Problem fourl'\Ok V'j.'.on J f;,.7. http://courtnet.kycourts.net/courtnetlns/CaseAtGlance.asp?county=0101 &division=CI&case... 3/2/2010 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87350 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 2010 APR -S PM 2: 37 ?Lr til'?J i VA NIA STEEN FUNERAL HOME, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM PEGGY LEE NIEVES, Defendant PRAECIPE I, Nathan C. Wolf, counsel for Plaintiff, hereby certify that the document attached to the Certification of Default judgment received from the Circuit Court of Boyd County, Commonwealth of Kentucky, purporting to contain all docket activity is correct to the best of my information and belief and that Default judgment was obtained on September 9, 2009 after the filing of a civil complaint against the defendant identified herein. To the best of my information and belief, no other pleadings have been filed and no other activity has occurred in this action until the instant filings to enforce said judgment in the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: April .?, 2010 By: v. v , ' 'aaiuaaa, est H' eet arlis , A 17013 reme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff Y AFFIDAVIT Comes now the affiant, Daniel King, III, Attorney at Law, and after first being duly sworn, states as follows: 1. I am attorney of record for the plaintiff, Steen Funeral Home, in that certain action presently pending in the Circuit Court of Boyd County, Kentucky, Division I, styled Steen Funeral Home v. Peggy Lee Nieves, Civil Action No. 09-CI-00959. 2. Default Judgment was entered in behalf of Steen Funeral Home in the above-referenced action on September 9, 2009, in the amount of Seven Thousand, Seven Hundred ($7,700.00) Dollars, plus interest thereon at the rate of 18% per annum from and after November 12, 2008, until the date of judgment, then interest thereon at the rate of 12% percent per annum from and after the date of judgment until fully paid. 3. To the best of my knowledge and belief, no part of the judgment granted Steen Funeral Home has been paid. 4. Steen funeral home is additionally entitled to the amount of Two Thousand, Four Hundred Ten & 95/100 ($2,410.956) Dollars, for attorney's fees incurred to date. This sum includes court costs advanced by Daniel King, III, Attorney at Law, in behalf of Steen Funeral Home the amount of Two Hundred Forty & 04/100 ($240.04) Dollars. Further this affiant sayeth naught, this the ay of arch, 2010. DAM KING, III 2800 Louisa Street, P.O. Box 303 Catlettsburg, Kentucky 41129 Ph. (606) 739-0311 * Fax (606) 739-0061 COMMONWEALTH OF KENTUCKY COUNTY OF BOYD The foregoing Affidavit subscribed,,yyv?orn and duly acknowledged before me by Daniel King, III, Attorney at Law, this the `? 6 day of March, 2010. C???(Q s, Ott, JjNotary Public, Kentucky, State-at-Large ?- My Commission expires: "54?0 <S E A L>