TD Bank, N.A. v. Carland Tractor and Equip., Inc. et al

Filing 63

DEFAULT JUDGMENT in favor of the Plaintiff TD Bank, N.A. against Anthony E. Carland, Carland Tractor and Equip., Inc. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL ACTION FILE NO. 1:15-cv-248

TD BANK, N.A.,
Plaintiff,
v.
CARLAND TRACTOR AND EQUIP.,
INC., ANTHONY E. CARLAND, MAX
LOWE CARLAND JR., and ELLEN C.
CARLAND,
Defendants.

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DEFAULT JUDGMENT AGAINST
DEFENDANTS CARLAND TRACTOR
AND EQUIP., INC. and ANTHONY E.
CARLAND

Defendants Carland Tractor and Equip., Inc. and Anthony E. Carland, Inc. having
failed to plead or otherwise defend in this action and said Defendants' default having been entered;
NOW, upon application of Plaintiff and upon Affidavit, Defendants Carland
Tractor and Equip., Inc. and Anthony E. Carland are indebted to Plaintiff in the following amounts:
1.

That the amount due Plaintiff from Defendant Anthony E. Carland, on its

First Claim for Relief, is the sum of Thirty-Three Thousand Six Hundred Fifty and 77/100 Dollars
($33,650.77);
2.

That the amount due Plaintiff from Defendants Carland Tractor and Equip.,

Inc. and Anthony E. Carland, jointly and severally, on its Second Claim for Relief, is the sum of
Two Hundred Twelve Thousand Two Hundred Ninety-Five and 32/100 Dollars ($212,295.32),
plus interest at the rate of Thirty-Two and 39/100 Dollars ($32.39) per day after November 15,
2016, until date of entry of judgment and thereafter at the legal rate until paid in full, plus

reasonable attorneys' fees in the amount of 15% of the outstanding indebtedness owing when
Plaintiff instituted this action;
3.

That, on March 10, 2017, the Court entered a Judgment [Doc. 57] granting

Plaintiff's Motion for Summary Judgment against Defendants Max Lowe Carland Jr. and Ellen C.
Carland [Doc. 43] and, in the interest consistent judgments among all Defendants, the amount
stated in the forgoing paragraph is, after accounting for the accrual of interest, the same reduced
amount awarded in that Judgment;
4.

That Defendants Carland Tractor and Equip., Inc. and Anthony E. Carland,

Inc. have defaulted for failure to plead and that said Defendants are not infants or incompetent
persons or in the military service of the United States of America.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff recover
as follows:
1.

That Plaintiff have and recover of Defendant Anthony E. Carland, on its

First Claim for Relief, the sum of Thirty-Three Thousand Six Hundred Fifty and 77/100 Dollars
($33,650.77);
2.

That Plaintiff have and recover of Defendants Carland Tractor and Equip.,

Inc. and Anthony E. Carland, jointly and severally, on its Second Claim for Relief, the sum of Two
Hundred Twelve Thousand Two Hundred Ninety-Five and 32/100 Dollars ($212,295.32), plus
interest at the rate of Thirty-Two and 39/100 Dollars ($32.39) per day after November 15, 2016,
until date of entry of judgment and thereafter at the legal rate until paid in full, plus reasonable
attorneys' fees in the amount of Thirty Thousand Thirty-Six and 94/100 Dollars ($30,036.94),
which is Fifteen Percent (15%) of the outstanding indebtedness due and owing at the time suit was
instituted on November 9, 2015 (being $200,246.24);

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3.

That Plaintiff have and recover of Defendants Carland Tractor and Equip.,

Inc. and Anthony E. Carland, Inc. the costs of this action.

Signed: July 7, 2017

070403-00800
ND: 4826-7711-9813, v. 1

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