Motion for Default Judgment June 14, 2024 (2025)

 
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 Person District Court County Clerk of Superior Court SWW STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE PERSON COUNTY DISTRICT COURT DIVISION FILE #: 24 CVD 000155-720 FILM#:Kimberly Frazier Tilley, Plaintiff, MOTION FOR DEFAULT JUDGMENT vs. BY JUDGE RULE 55(b)(2)Clyde Anthony Solomon, Defendant. Kimberly Frazier Tilley (hereinafter “plaintiff’), by and through her undersigned counsel, moves the court pursuant to Rule 55 of the Rules of Civil procedure for judgment by default and plaintiff respectfully shows the court: 1 This is an action for Trespass to Chattel (counts numbered one through four in the complaint), Conversion (counts numbered five through eight in the complaint), and Trespass to Real Property (count number nine in the complaint), and the plaintiff has prayed for return of plaintiff's property, both personal and real, in that plaintiff has specifically requested: 1 That plaintiff recover on Count One of the Complaint for possession of the 2015 Ford Truck; i That plaintiff recover on Count Two of Complaint for possession of the Takeuchi Compact Excavator; iii That plaintiff recover on Count Three for possession of the Takeuchi Mini Excavator; lv, That plaintiff recover on Count Four for possession of the Tiny House; That plaintiff recover damages for the trespass to each chattel, which is continuing, as of Counts One through Four as listed in the Complaint; VI That plaintiff recover damages for the conversion of each chattel, which is continuing, as to Counts Five through Eight as listed in the Complaint; vii That Defendant be ordered to leave and vacate the real property popularly addressed as 1309 Young’s Chapel, Roxboro, North Carolina 27574; Page 1 of 3 (Page number designations do not include Exhibits B, A, C, and D)Kimberly Tilley v. Clyde Solomon Motion for Default Judgment by Judge Electronically Filed Date: 6/14/2024 8:40 AM Person District Court County Clerk of Superior Courtviii. That plaintiff recover damages for the trespass, and continuing trespass, to the real property addressed as 1309 Young’s Chapel, Roxboro, North Carolina 27574; 1X. That the costs of this action be taxed to the defendant; and Xx, That plaintiff be granted such additional relief as is just and proper. Defendant has failed to plead or appear or is otherwise subject to a default judgment as provided by the Rules of Civil Procedure Rule 55 as shown by affidavit to motion for entry of default previously filed (on the 25" day of April, 2024) herein and incorporated in this motion by reference as Exhibit B', and by verified complaint filed in this action. Defendant’s default was entered by the clerk on the 26" day of April, 2024. See Exhibit C, which is incorporated by reference. That defendant is liable to plaintiff for damages by reason of the facts shown in the plaintiff's affidavit attached hereto as Exhibit D Defendant is not an infant, incompetent person or otherwise under disability. In compliance with Rule 55(b)(2)(b)(1) the plaintiff will ask the Court to enter default judgment against the defendant without a hearing if the defendant fails to serve a written response, stating the grounds for opposing the motion, within 30 days of service of the motion.' Undersigned acknowledges that exhibit designation herein begins with “B,” instead of “A.” Undersigned did thisintentionally since Exhibit B to the instant motion includes a four page document which itself includes an exhibitlabeled “Exhibit A.” In an effort to avoid confusion of exhibits in the eventual hearing on the instant motion, theundersigned has labelled an Exhibit B for identification which includes an Exhibit A. Page 2 of 3 (Page number designations do not include Exhibits B, A, C, and D)Kimberly Tilley v. Clyde Solomon Motion for Default Judgment by JudgeWHEREFORE, plaintiff prays the court for judgment against the defendant. Plaintiff further prays that the court: 1 Decide this Motion without a hearing if the defendant fails to serve a written response stating the grounds for opposing the Motion within 30 days of service of this Motion; Enter Judgment by Default against the defendant; Order such further action described in Rule 55(b)(2) as may be necessary and proper to enter the Judgment or carry it into effect. This the 14th day of June, 2024. HUBBARD AND CATES, PC By: Zt re Brent W. Groce Hubbard and Cates, PC Attorney for the Plaintiff 36 Court Street Roxboro, North Carolina 27573 Telephone: (336) 597-2251 Facsimile: (336) 597-3042 Email: bwgroce@hubbardandcates.com N.C. Bar No.: 42256 Page 3 of 3 (Page number designations do not include Exhibits B, A, C, and D)Kimberly Tilley v. Clyde Solomon Motion for Default Judgment by JudgeEXHIBIT B: (as referenced in Paragraph 2 of Motion for Default Judgment by Judge Rule 55(b)(2)) Affidavit in Support of Entry of Default in Tilley v. Solomon, Person 24 CVD 155 (six pages in length, including this cover sheet).Kimberly Tilley v. Clyde Solomon Exhibit to Motion for Default Judgment by JudgeSTATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE PERSON COUNTY DISTRICT COURT DIVISION FILE #: 24 CVD 155 FILM#:Kimberly Frazier Tilley, Plaintiff, AFFIDAVIT IN SUPPORT vs. OF MOTION FOR.. ENTRY OF DEFAULT eSClyde Anthony Solomon, oa Defendant. Q 3 oO e wa Len O° w 1, Brent W. Groce, attorney for plaintiff Kimberly Frazier Tilley, deposes and says: 1 Plaintiff is and as at the time this action was instituted a resident of Person County. 2 Defendant is and was at the time this action was instituted a resident of Person County and is not an infant, incompetent, person or otherwise under disability. This is an action for Trespass to Chattel (four counts), Conversion (four counts), and Trespass to Real Property instituted in this court on the 14" day of March, 2024, said court being a court of this state having jurisdiction over the subject matter of this action; all respective claims being those which arose within this state. Defendant was served with process pursuant to Rule 4(j) of the Rules of Civil Procedure in the following manner: the defendant was served by the Sheriff of Person County on the 22"¢ day of March, 2024, as is described on the reverse of the filed summons, a copy of which is attached to this affidavit as Exhibit A, which is hereby incorporated by reference as if fully set forth herein. Personal jurisdiction over the defendant was acquired by the service of process in the manner described above because: Defendant Clyde Anthony Solomon is a natural person present within this State (N.C. Gen. Stat. § 1-75.4(1)(a)): Defendant Clyde Anthony Solomon is a natural person domiciled within this State (N.C. Gen. Stat. § 1-75.4(1)(b)); Defendant Clyde Anthony Solomon is engaged in substantial activity within this State (N.C. Gen. Stat. § 1-75.4(1)(d)); Page 1 of 2 (Page Number designation does not include Exhibit A)Kimberly Tilley v. Clyde Solomon Affidavit in Support for Motion for Entry of Defaultd. This is an Action involving Local Property in that some of the causes of action involve a claim to recover for benefit derived by the defendant through he use, control or possession by the defendant of tangible property situated within this State either at the time of the first use, control or possession or at the time the action was commenced (N.C. Gen. Stat. § 1-75.4(6)(b)); and/or This is an Action involving Local Property in that some of the causes of action involve a claim that the defendant return, restore, or account to the plaintiff for assets which was within this State at the time the defendant acquired possession or control over it (N.C. Gen. Stat. § 1-75.4(6)(c)). 6. Time for filing answer, or other pleading by defendant Clyde Anthony Solomon, has expired an no answer or other pleading has been filed by defendant, and defendant has not otherwise appeared to defend the action. This the 25" day of April, 2024. Dagon rete Brent W. Groce, Affiant Hubbard and Cates, PC Attorney for the Plaintiff 36 Court Street Roxboro, North Carolina 27573 Telephone: (336) 597-2251 Facsimile: (336) 597-3042 Email: bwgroce@hubbardandcates.com N.C. Bar No.: 42256NORTH CAROLINAPERSON COUNTY Sworn to and subscribed by Brent W. Groce, affiant, before me this 25 day of April, 2024. ellttagy, | "0, Se AC TRaulle. G. ow ROTARY Sy Fe; Notary Public My Comm. Exp. ameia G WNo\ner Printed or Typed NameMy Comin “a COU. eee Qeaual BMY 21 BS Page 2 of 2 (Page Number designation does not include Exhibit A)Kimberly Tilley v. Clyde Solomon Affidavit in Support for Motion for Entry of DefaultEXHIBIT C: (as referenced in Paragraph 3 of Motion for Default Judgment by Judge Rule 55(b)(2)) J. Entry of Default in Tilley v. Solomon, Person 24 CVD 155 (two pages in length, including this cover sheet).Kimberly Tilley v. Clyde Solomon Exhibit to Motion for Default Judgment by Judge(ORICINAL-RETURN Oussy > File No. STATE OF NORTH CAROLINA zacvpd 1.55 PERSON County In The General Court Of Justice istrict C0 Superior Court DivisionName Of Plaintiff = i Tolet) KIMBERLY FRAZIER TILLEY‘AddressC/O Brent W. Groce 36 Court Street/PO Box 679 HWA 25 > ts ay CIVIL SUMMONS PLURIES SUMMONS (ASSESS FEE)City, State, ZipRoxboro NC PEIERSO ,COUNTY. C50. VERSUS GS. 1A-1, Rules 3 and 4Name Of Defendant(s) J Original Summons IssuedClyde Anthony Solomon 03/14/2024 Date(s) Subsequent Summons(es) Issued To Each Of The Defendant(s) Named Below:‘Name And Address Of Defendant 1 Name-And Address Of DefendantClyde Anthony Solomon Clyde Anthony Solomon's alternate address 1309 Youngs Chapel Church Road 178 Mable LaneRoxboro NC 27574 Roxboro NC 27574 IMPORTANT! You have been sued! These papers are legal documents, DO NOT throw these papers out! You have to respond within 30 days. You may want to talk with a lawyer about your case as soon as possible, and, if needed, speak with someone who reads English and can translate these papers! iIMPORTANTE! jSe ha entablado un proceso civil en su contra! Estos papeles son documentos legales iNO TIRE estos papeles! Tiene que contestar a mas tardar en 30 dias. ;Puede querer consultar con un abogado lo antes posible acerca de su caso y, de ser necesario, hablar con alguien que lea inglés y que pueda traducir estos documentos! A Civil Action Has Been Commenced Against You! You are notified to appear and answer the complaint of the plaintiff as follows 1 Serve a copy of your written answer to the complaint upon the plaintiff or plaintiff's attorney within thirty (30) days after you have been served. You may serve your answer by delivering a copy to the plaintiff or by mailing it to the plaintiff's last known address, and 2. File the original of the written answer with the Clerk of Superior Court of the county named above. If you fail to answer the complaint, the plaintiff will apply to the Court for the relief demanded in the complaint.‘Name And Address Of Plaintif's Attorney (if none, Address Of PlaintiffBrent W. Groce PebaR 4 4 2024 q. lle am fem36 Court Street/PO Box 679 Signature = ~~ ceurD. DurdRoxboro NC 27573 |Cbepa Cc Dil Assistant csc (D1 clerk of Superior Court Date Of Endorsement Time(ENDORSEMENT (ASSESS FEE) (lam [Jem This Summons was originally issued on the date indicated Signature above and returned not served. At the request of the plaintiff, the time within which this Summons must be served is extended sixty (60) days. [2 Deputy ese Assistant csc () Clerk of Superior CourtNOTE TO PARTIES: Many counties have MANDATORY ARBITRATION programs in which most cases where the amount in controversy is $25,000 or less are heard by an arbitrator before a trial. The parties will be notified if this case is assigned for mandatory arbitration, and, if so, what procedure is to be followed. (Over) AOC-CV-100, Rev. 12/23 © 2023 Administrative Office of the Courts MAR 2 2 2024| RETURN OF SERVICE | certify that this Summons and a copy of the complaint were received and served as follows: DEFENDANT 1 Date Served ; Time Served Name Of Defendant [22/2624 26: YY Cam [em Clyde by fhe Sale we 7 (By delivering to the defendant named above a copy of the summons and complaint ( By leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein (1 As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below. ‘Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with) (Acceptance of service. Date Accepted Signature Summons and complaint received b [] Defendant 1 (1 Other: (ype or print name) (Other manner of service (specify) (1) Defendant WAS NOT served for the following reason: DEFENDANT 2Date Served Time Served Name Of Defendant (lam [Jem (2 By delivering to the defendant named above a copy of the summons and complaint 0 sy leaving a copy of the summons and complaint at the dwelling house or usual place of abode of the defendant named above with a person of suitable age and discretion then residing therein. (2 As the defendant is a corporation, service was effected by delivering a copy of the summons and complaint to the person named below. Name And Address Of Person With Whom Copies Left (if corporation, give title of person copies left with) (1) Acceptance of service. Date Accepted ‘Signature Summons and complaint received by: (Defendant 2 (C Other: (ype orprint name) (J Other manner of service (specify) (] Defendant WAS NOT served for the following reason:Service Fee Paid$ Signature Of Deputy Shoat Maing Retyat S z o CXFDate Received ‘Name Of Shenif (iype or prini) i iy J wy ‘bie 3pa)2yDate Of Return County OF Sheriff ferss fy AOC-CV-100, Side Two, Rev. 12/23 © 2023 Administrative Office of the CourtsEXHIBIT C: (as referenced in Paragraph 3 of Motion for Default Judgment by Judge Rule 55(b)(2))1. Entry of Default in Tilley v. Solomon, Person 24 CVD 155 (two pages in length, including this cover sheet).STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE PERSON COUNTY DISTRICT COURT DIVISION mH pick # 24 CVD 155 FILM# WH APR 2b A & OYKu mberly Frazier Tulle: Plamtiff, BoS Y. “OL ENTRY OF DEFAULT vsClyde Anthony Solomon. Defendant Upon motion and affidavit for entry of default filed by counsel for Plaintiff and because Defendant has failed to appear, plead, or otherwise defend, default 1s entered against Defendant Clyde Anthony Solomon as provided by Rule 55(a) of the North Carola Rules of Civil Procedure This the 25" day of Apnil, 2024 Page 1 of 1Kunbeily Tilley v Clyde Solomon Motion for Entry of Default ssEXHIBIT D: (as referenced in Paragraph 4 of Motion for Default Judgment by Judge Rule 55(b)(2)) 1 Affidavit in Support of Motion for Entry of Default Judgment by Judge in Tilley v. Solomon, Person 24 CVD 155 (five pages in length, including this cover sheet).Kimberly Tilley v. Clyde Solomon Exhibit to Motion for Default Judgment by Judge 

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