PNC Bank, N.A. v. Serenity Care, Inc. et al
DEFAULT JUDGMENT in favor of PNC Bank, N.A. against Dft Melvin Richardson in the total amount of $270,891.84 as set out. Costs are taxed to Dft Richardson, for which let execution issue. This action shall remain pending as to the Corporate Dft, Serenity Care, Inc., due to its pending bankruptcy case, to be disposed of in due course. Signed by Judge Callie V. S. Granade on 3/27/2013. (copy mailed to Dft @ 8505 Gayla Court, Mobile, AL 36695, on 3/28/13) (tot)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
PNC BANK, NATIONAL ASSOCIATION, )
SUCCESSOR TO RBC BANK (USA),
SUCCESSOR TO RBC CENTURA BANK, )
) CIVIL ACTION NO. 13-00074-CG-B
SERENITY CARE, INC., AND
This matter is before the Court on the Motion for Default Judgment (Doc. 12)
filed by the Plaintiff, PNC Bank, National Association, successor to RBC Bank
(USA), successor to RBC Centura Bank (hereinafter the “Bank”), against Individual
Defendant, Melvin Richardson. The Clerk of Court has entered a default against
the Melvin Richardson. After due consideration of the materials submitted and the
pleadings in this matter, and after a default was entered against Individual
Defendant, Melvin Richardson, a judgment is hereby entered in favor of the Bank
and against Melvin Richardson. Therefore, based on the Default and the affidavits
attached to the Motion for Default Judgment filed by the Bank, it is
ORDERED, ADJUDGED, and DECREED as follows:
A monetary judgment is hereby entered in favor of the Bank against the
Individual Defendant, Melvin Richardson, in the total amount of $270,891.84,
which is comprised of damages claimed by the Bank on Count II of the Complaint
for the Individual Defendant’s breach of his Guaranty consisting of principal in the
amount of $245,688.11, accrued interest in the amount of $17,242.76, accrued to
March 25, 2013, plus late charges in the amount of $1,460.97, plus attorney fees in
the amount of $6,500.00 plus future accruals of interest and court costs.
The Court expressly determines that there is no just reason for delay and
therefore the foregoing judgment is a final judgment as to the Individual Defendant,
Melvin Richardson and the clerk is directed to enter this Order as a final judgment
as to Individual Defendant, Melvin Richardson, pursuant to Rule 54(b) of the
Federal Rules of Civil Procedure.
Court costs are taxed to Individual Defendant, Melvin Richardson, for which
let execution issue.
IT IS FINALLY ORDERED, ADJUDGED AND DECREED THAT
This action shall remain stayed as to the Corporate Defendant, Serenity
Care, Inc., due to its pending bankruptcy case, to be disposed of in due course.
DONE and ORDERED this 27th day of March, 2013.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE
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