COUNTY OF ST .

~'LAWRENCE
CITY 0F:OGDENSBURG

STATE OF NEW YORK

CITY COURT

-_~;: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

330 Ford Street,

o'clock
motion

affidavit

duly sworn to on November

thereto,

Court at a term thereof

Lawrence,

that upon the annexed

TAKE NOTICE

the undersigned

to beheld

20, 2014, and

will move this

at the City Court,

in the City of Ogdensburg,

County

Default Judgment
plus interest

thereon,

at 9:00

of that day, or as soon thereafter

on his cause of action

together

for services

with such, other,

,
\
\

as the

Plaintiff
rendered

further,

relief as to the Court may see~ just and proper.

at

of St.

can be heard for an Order or Orders granting

different

located

State of New York, on the 3rd day of December,

in the forenoon

of Donald

and

PLEASE TAKE FURTHER NOTICE

submitted
without

and appearances

are neither

the express permission

Dated: November

that this motion

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

COUNTY OF ST. LAWRENCE

STATE OF NEW YORK

CITY OF OGDENSBURG

CITY COURT

Donald Tracy,

lOlq NOV 211 A II: 53

Plaintiff

AFFIDA VIT OF
SERVICE BY MAIL

-against-

Mary Rain,
Defendant.
....

""

,/

-' STATE OF NEW YORK

COUNTY OF ST. LAWRENCE

)
)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

COUNTY OF ST. LAWRENCE

STATE OF NEW YORK

~
iv:

CITY OF OGDENSBURG

CITY COURT

DONALD TRACY,

...
t

lOI~ NOV2 Lt All:

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

defendant- for .aCcount.stated, among other-tnings.

3.

That the facts constituting

the Verified

4.

Complaint,

The above-entitled

claim are ~et forth in

as well as the amount

of the claim.

action was commenced by personal

the Summons and Complaint,

as Exhibit

Plaintiff's

copies of which are annexed hereto

s A and S, upon

August,

2014.

A true

annexed

hereto as Exhibit

service of

copy
C.

the defendant

on the 5th day

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

did not 'contain a verification

verification

pleading

of

of the Complaint.

Plaintiff

3022,

as an unverified

Upon Plaintiff's

to plaintiff

chose

to

treat

the

and a nullity.

return to New York, and. after examination

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

has not been extended,

and she

in pleading.

from defendant

after

letter

to the Complaint.

2014,

plaintiff

in the ~mount

.endorsed the check under protest

payment

copy

to answer or move with respect

or moved with respect

The defendant's

On

true

is annexed hereto as Exhibit

Complaint

Answered

10.

The time for the defendant

the

9.

a nullity.

deposited

of $441.00.

check

Plaintiff

and applied the amount toward

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

$1,366.75, together with the costs and disbursements

and such other

against

of

of this action

as to the Court

seems

just and proper.

,-.

--"

._~'.

Subscribed and sworn to before me

this 20th of November, 2014. '

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

New York State.

for

a pro

se litigant

with

assistance

from

an

attorney

admitted

to

COUNTY OF ST. LAWRENCE

- - ~.. " -. '"l
CITY OF qGDENSBURG
()-""~.:..."
""-",,;'Cl t I

STATE OF NEW YORK

CITY COURT

ZOl1i NOV24

- _ -" '-I
..

A II: 53

AFFIDAVIT
OF COSTS
AND DISBURSEMENTS

DONALD TRACY,

Plaintiff
-againstIndex No.CV 243-14
MARY RAIN,

State of New York

County of St. Lawrence
Donald Tracy,
1.

} ss.:

being duly sworn, deposes

and says:

I am the Plaintiff in the above-captioned

action and r~srde ~t

'

.'1

64 West Main
Street,
Canton,:
New York.
...
~
..
.
.,
'.'

2.

That I make this affidavit

above-captioned
3.

That

taxable

the

matter

pUfsuant

following

disbursements

of

of costs and disbursements

in th~

to UCCA ~1907.

Plaintiff's

taxable

which are reasonable

costs

and'necessary

~--- ----~

and

the

and have

either been paid or will be paid in this proceeding:

.,~

Service of Summons

...

- ~-

"""""'-

and Complaint

Filing fee

(UCCA ~1908 (a))

Transcript

of Judgment

Entering

and docketing

One income execution

UCCA ~1901 (a) (1)

:-"

J
._~.-..

$100.00
$ 6.00

at the office
. . . . .'$ 10.00

CUCCA ~1908(e))

served

(UCCA ~:1908.(e))'
~
..

$ 92.00

,.',f

$ 50.00

- ... ,.~. '.

TOTAL

"

$ 45.00

....

judgment

-~-

(UCCA ~1908 -(a))

(UCCA ~1907)

of the County Clerk

by Sheriff

.'~

$ 303.00

5.

That

the

total

Hundred Three Dollars

Dated: November

taxable

cOsts

and

disbursements

are

Three

($303.00).

20, 2014

Subscribed and sworn to before me

this 20th of November, 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

New York State.

for

a pro

58

.___..---

litigant

s-

with

assistance

from

an

attorney

admitted

to

STATE OF NEW YORK

CITY COURT

COUNTY OF ST. LAWRENCE

CITY OF OGDENSBURG

./

I
DONALD TRACY,

Ii

DEFAULT
JUDGMENT
Plaintiff

-against-

Index No.CV 243-14

MARY RAIN,

Defendant

The Summons and Complaint in the above-entitled action having been ~

personally served upon the defendant, Mary Rain, on the 5th day of
August, 2014, and the time for the defendant to appear, answer, or
raise an objection to the complaint in point of law having expired,
and the defendant

not having

appeared, _ answered,

or raised

an

objection to the Complaint in point of law,

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

and .Decreed that. the plaintiff,

Donald Tracy,

residing at 64 West Main Street, in the Village of Canton, County

of St. Lawrence, and State of New York, do recover of the defendant,

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,

the amount claimed, with costs and disbursements,

amount~ng in all to the sum of $303.00,

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 DEBTOR & ADDRESS

(1) Mary Rain
307 Elizabeth Street, Ogdensburg,
JUDGMENT DOCKETED

JUDGMENT RENDERED

(1) Donald Tracy

64 West Main Street, Canton, NY 13617
Attorney for Judgment Creditor
Name & Address

AMOUNT

Date

Date

01/16/2015

Damages

Hr. & Min.

County

St. Lawrence

Costs

Index No.

Court

Ogdensburg City
Court

Hr. & Min.

10:31 AM

EXECUTION
RETURNED
UNSATISFIED

JUDGMENT CREDITOR & ADDRESS

Unknown
NY 13669

CV-000243-14/0G

$1,366.75

REMARKS: Date and manner of

chanqe of Status and Judqment

Self Represented

$303.00

$1,669,75

Total

SATISFIED
WHEN

HOW & TO WHAT EXTENT

,/

State of New York

County of S1. Lawrence
Ogdensburg City Court

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~

Lisa Marie Meyer:ctliefBerk

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of

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