Langtree HUD Development Company v. Jasper USA Inc

Filing 4

ORDER on its own motion to make part of the record in this action the attached State court (1) Complaint in Summary Ejectment and (2) Judgment in Action for Summary Ejectment. Signed by District Judge Richard Voorhees on 8/22/2017. (Attachments: # 1 Attachment - Complaint and Judgment in Action for Summary Ejectment)(Pro se litigant served by US Mail.)(tmg)

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ln The General Court Ql Juslice Dishicl Court Division-Sma[ Claims County aclion was Eied belore the uodorsiqnad on lh€ cause slated in lhe @mdaint- The re€ord shows that the dsferdant was giyen proper notice ol lhe nature of lhe action and lhe dale, time and locatjon ol triat- Na.Ile And The Court finds that. t. S a, the plaintiff has proved lha case by the greater weight o, the evidenoe[-l b. the plaintif{ has failed to prove the case by he greater weight o, the evidence. L-l c. the plainttf requestBd an/ was enlitled to a iudgment lor possession based on the pleading. 2. th9 derendanl(s) [was Ewasnol present- [ The delendant was served by posttngs. 3. Ela. there is no dispute as to the amount ol renl in arrears. and the amount is S 1,96I.61 b. there is an aclua dispute as to the amount ot renl in arrears- The defendant(st claims the amount ! ol reni in anears is S _ , and this amounl is the undispuled amounl of rent Addesso(n tifl Langtree HUD Developmenl Company dba Langfree o. o,nor.hu?l'ffiti'.d" , .,r,. Ihe 401 Langlree Road Mooresville NC 28117 ,o, *-a,, p*** dld _did defendanl(s) OR the premises and reserved alrcraims for monerary damages. not raise a deFens€ to thc Plain ffs claims. It is ORDERED lhat: fi D [ [ [ 1 . the defendant(s) be removed from and the plaintiff be put in possession of the premises described in (he complaint. 2. this aclion be dismissed with preiudice. 3. lhis aclion be dismissed with preiudice because lhe defendanl lendered the renl due and the murt costs of this action, 4. the plaintill recover rent of Lhe defendant(s) in the amount and al lhe rale listed beiow, plus other damages in lhe amount indicated- The plaintitf is also entltled fflis date unlil the judgment is paid. 5. other: 1spect4,,1 Ef6. costs of (his action are taxed to the El ptaintifr, Sigryed ln Open Court Amounl Ol Other Damages (NOTE: fo d 6 ae usea wt efi magislrale does nol afittoul@ a(d sig.t lhis Judgmeol in open .x\r.t at the @ndnsion o! the liat-) h*n setued oo oadt pafty nanerl by depositog a copy ia a pag|+aid Nopedy addlessed envel9,e in a ofrcial daposlory undet lho exclusive caro aod austody oa lh6 Urired Slales post , Se/vrEa. I cenity lhal lhis Judgmeol has posl olfi(x S >*\rcutn taa4 1. The detefldant is a resideflt of the county named above. ' 2. The delendant enlered into possession of premises described b€lovl, as a lesse€ of plaintjrf. 3. E The defendant failed to p6y lhe rent due on the above date and the plainliff made d€mand for the rent and waited the 10day grace period before liling the complainl. ITh6lease period ended on the aborre date and lho defendanl is holding over afler tho end of lhe lease period. q A B @ The defendanl breached tha condition ot lhe leaqe descrbed b€fow [5r wni{nire+-ntll isS}cfiied. I Criminal ac'livily or other activrty has oocunEd in vlolatlon of G.s. 42+3 as si,Bcir6etod- it;iidrdi Ai B|E€ffiltrrnd r4duit agrv, aarn 5, &bs, *eis aln Ntg.t aottv I Failure to pay rnonthly rent when due/in full, from the date above llllrou( l; The plaintiff has demanded possession ol the premlses trom the it, and the plaintifr is enlited to immediate posss$lon. tta,u Srsed b sunender Pursuant to G_s, 42-28, Plaintitf hereby omits any clalm for renls or damhges and is seeking possession of lhe premises only. Plainliff resaNes lhe right td beek any monetary damages in a separate civil action- malm"t"otcEJt"r,tnl2 A hdvrd]ual E Cuwonur At nnl $ O{Oan?ra (Il Kikwn) curus nrsrRvto I cedify that t am an agent ot the plalntifi and have aclual knowledge of the facls alleged in lhis Complaint.

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