United Community Bank v. Angarita et al
ORDER Granting UCB's 53 MOTION Pursuant to N.C. Gen. Stat. § 1-360 as to Judgment Debtor Sally Pena. Receiver Joseph W. Grier shall appear before the Court and testify concerning any funds in his possession belonging to Judgment Debtor Sally Pena. Hearing set for 5/5/2015 09:00 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before District Judge Martin Reidinger. In lieu of appearing at hearing, Receiver may file a verified statement setting fort h the specific amount of funds in his possession owed or belonging to Judgment Debtor Sally Pena. FURTHER ORDERED Receiver shall freeze funds in his possession belonging to Judgment Debtor Sally Pena and not otherwise distribute them. Signed by District Judge Martin Reidinger on 4/17/2015. (Receiver Joseph W. Grier served by US Mail as directed in this order.)(khm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:09-cv-00307-MR
UNITED COMMUNITY BANK,
JORGE ANGARITA, ARMANDO G.
ARMAS, JOSE G. BELTRAN, ALINA )
BOYD, PRECIOUS BROOKS,
MARTHA G. ESPARRAGOZA,
FOLAYELE F. FAPOHUNDA,
THOMAS L. FLYNN, HYVRON L.
JEAN, LAWRENCE B. OGEDEGBE, )
WILSON O. OLUREMI, ADEYOLA
OWOLADE, MICHAEL PENA, SALLY )
PENA, ADEKUNLE G. ROGERS,
RAFEL A. UBEDA, GLEN B.
WARRINGTON and RENEE E.
ORDER FOR APPEARANCE OF THIRD PARTY PURSUANT TO
N.C. Gen. Stat. § 1-360
THIS MATTER is before the Court on the on the verified motion (the
“Motion”) of United Community Bank (“UCB”) for an order pursuant to N.C.
Gen. Stat. §1-360 compelling Joseph W. Grier, in his capacity as receiver
(the “Receiver”), to appear and give testimony concerning the funds he has
in his possession that may belong to judgment debtor Sally Pena (“Judgment
Debtor”) [Doc. 53].
On October 18, 2010, the Court entered an Amended Default
Judgment against the Judgment Debtor and in favor of UCB in the amount
of $110,827.80 (the “Judgment”). On February 13, 2015, the Court issued a
writ of execution. On June 6, 2007, the Receiver was appointed as receiver
for various entities on motion of the State of North Carolina in a case in Wake
County Superior Court, captioned State of North Carolina ex rel. Roy Cooper
v. Peerless Real Estate Services, Inc. et al.; Wake County (07-CVS-9006)
(the “Peerless Lawsuit”).
UCB has information that the Receiver is in
possession of funds that may belong to the Judgment Debtor.
For the reasons stated in UCB’s Motion, and for good cause shown,
IT IS, THEREFORE, ORDERED that the Petitioner’s Verified Motion
Pursuant to N.C. Gen. Stat. § 1-360 et seq. [Doc. 53] is GRANTED, and the
Receiver Joseph W. Grier shall appear before the Court at 9:00 a.m. on May
5, 2015, and testify concerning any funds he may have in his possession that
belong to the Judgment Debtor Sally Pena. In lieu of appearing at the
hearing, the Receiver may file a verified statement setting forth the specific
amount of funds in his possession that are owed or belong to the Judgment
Debtor Sally Pena. The verified statement must be filed with the Court and
served upon counsel for UCB before the hearing date.
IT IS FURTHER ORDERED that the Receiver shall freeze the funds in
his possession that belong to the Judgment Debtor Sally Pena and not
otherwise distribute them.
IT IS FURTHER ORDERED that the Clerk of Court shall provide a copy
of this Order to the Receiver Joseph W. Grier at the following address: 101
North Tryon Street, Suite 1240, Charlotte, North Carolina 28246.
IT IS SO ORDERED.
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