Metropolitan Life Insurance Company v. Betancourt et al

Filing 61

CONSENT JUDGMENT. The parties are reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 12/5/14. Copy sent to Ivonne Betancourt, Las Americas, C/7 BB-10, Bayamon, PR 00959 via US Mail and a copy to the Finance Section in the Raleigh Clerks Office via e-mail. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR Tiffi EASTERN DISTRICT OF ;NORTH CAROLINA
WESTERN DMSION
CaseNo. 5:14-CV-117-F

·METROPOLITAN LIFE INSURANCE
COMPANY,

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Plaintiff,

v.
NONNE L BETANCOURT and RAFAEL
0 .. MOLINA, JR.
DefencilJJ1ts.
and

RAFAEL. 0. MOLINA, JR.
Cross Claimant,

v.
IVONNE I. BETANCOURT

Cross Defendant.

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) CONSENT IDDGMENT
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NOW COME Rafe;U 0. Molina, Jr.. ("Molina"), by and through counsel, and Ivonn~ I.
Betancourt ("Betancourt") (collectively, ''the Parties'') and for the reasons set forth below
consent to the Court's entry of this Consent Sudgment.

WHEREAS the Parties hay~ filed competing claims to the pro~eds of a life insurance
policy Mroinistered by the::i:>laintiff, along with cross-claims against one anothetalleging
deflUJ1;ation, and
WHEREAS Plaintiff has deposited the proceeds of the policy atissue with the Court.in

the amount of ninety-three thousand four-hundre<i and forty eight dollars and forty three cents
($93.;448.43), and

WHEREAS Molina has been represented by counsel throughout this action and
BetancoUrt has now conferred with counsel, and
WHEREAS the Parties wish to avoid the time, expense, and inconvenience of further
litigating this, matter;

.Molina

NOW THEREFORE, without trial of issues of :fact or law and upon consent ofPa,rties,
the Court fmds that there is good and sufficient cause to enter this Consent Judgment, and that it
is therefore ORDERED, ADJUDGED, AND DECREED:

l. The Clerk of Court Is. ORDERED to disburse to Rafael 0. Molina in care of McCoy, Wiggins,
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Clevelan~ and 0' Connor, J;>LLC, as attorneys for Molina, the sum of $93,448A3.

2.

Th~ttMolina's

cross,-claims against Betancourt be dismissed with. prejudice.

3. That Betancourt's cross-claims against Molina be dismissed with prejudice.

4. That each ofthe Parties will bear his or her own costs and fees.

SO ORDERED. This the 5th day ofDecember,_,.2---;0~~j,u.=-·--t-·_'~..J.;..l....-~-----­
J~es C. Fox
Sehior United States District Court JUdge

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Ivonne l Betancourt

Rafael 0. Molina

CONSENI'ED TO:

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Rafael 0. Molina

Ctimbetland County, North Carolina
I certify that Rafael 0. Molina personally appeared before me this day, acknowledging to
me ~the voluntarily signed the foregoing document for the purpose stated herein.

Dare.:

1&\~\ ~DI~

(Official Seal)

Is/ Daniel S. Harrison
Daniel S. Harrison
McCoy~ Wiggins, Cleveland, and O'Connor, PLLC
202FairwayDrive
Fayetteville, NC 28303

Telephone; 910-483-8104
Fax: [phone]
E-mail: [e-mail]
State Bar No. 36797

l certify that Ivonne I. Betancourt personally appeared before me this day, acknowledging
to me that she voluntarily signed the foregoing document for the purpose stated herein.

(Officid/ Seal)

=~rr=r-:--:--~---'' Notary Publie:

KATRINA I. NAR~ssion expires:_ _ _ _~-~
Notary Public. StatE!' ofl;f~Wforl(
No. 01 MA6253575 .

.Qualified ln RIChmond C9umy ..cCQmmission Expires December 19, 20,:W

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Ivonne I. Betancourt

{J;J::lMolina