Request,Application: Alves, Antonia V vs. Estate of George Elvis Hodge et al

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                                Date Filed 12/22/2022 4:07 PM
‘Superior Court - Bristol

                                                                            ry
Docket Number 2173CV00074




                                                COMMONWEALTH OF MASSACHUSETTS
                                                         THE TRIAL COURT                             BRISTOL,ss r
                                                                                                                  ue         COURT
                                                   SUPERIOR COURT DEPARTMENT

                  BRISTOL COUNTY, ss                                                                          DEC 22 2022            7
                                                                                                                                         j


                                                                                                     JENNIFER A. § ULLIVAN, £:
                  ANTONIA V. ALVES,                                                                      CLERK/M, JAGISTRATE
                                               Plaintiff,
                                                                         DOCKET NO.: 2173CV00074
                                       VS.

                  ESTATE OF GEORGE ELVIS HODGE,
                  PAYLEE, LLC, LEZAN HODGE,                          '
                  MOTORCADE, LLC, AND
                  ELLIOT SCHNEIDER,

                                               Defendants


                                                            S
                                                                REQUEST FOR DEFAULT

                            Now come the Plaintiff, Antonia V. Alves, in the above captioned matter, and

                  respectfully moves the Clerk of this Honorable Court, pursuant to Mass. R. Civ. P. 55 (a), to

                   enter default against the above named Defendant, Lezan Hodge in this case.

                                As reasons therefore:

                    @           As evidenced in the duly filed certificate of service, Lezan Hodge was served with the

                    Summons and Order, Verified Complaint, Civil Tracking Order, Plaintiffs Motion for

                    Endorsement of Lis Pendens, and Memorandum of Lis Pendens at last and usual place of abode,

                    562 County Street, New Bedford, Massachusetts, on February 8, 2021. See ex. 1, return of

                    service.

                    Q)          “After service upon him of any pleading requiring a responsive pleading, a party shall

                    serve such responsive pleading within 20 days unless otherwise directed by order of ‘the court.”
Date Filed 12/22/2022 4:07 PM
Superior Court - Bristol
Docket Number 2173CV00074




                   Mass. R. Civ. P. 12 (a) (1).

                    (3)     “When.a party against whom a judgment for,affirmative relief is sought has failed to

                    plead otherwise defend as provided by these rules and that fact is made to appear by affidavit or

                    otherwise, the clerk shall enter his default.” Mass. R. Civ. P. 55 (a).

                    (4)     As of the date of the filing of this request over twenty days have passed since service of

                    process upon Lezan Hodge conforming with the Massachusetts Rules of Civil Procedure and

                    Lezan Hodge has failed to plead or otherwise defend as provided by the rules.

                  WHEREFORE, the Plaintiffs respectfully request this Honorable Court enter the default of

                  Lezan Hodge in the above captioned matter.

                   Signed under the penalties and pains of perjury,

                                                                  Respectfully submitted,
                                                                  The Plaintiff, Antonia V. Alves
                                                                  by her attorney,

                                                                  /s/ Stephen S. Brown

                                                                  Stephen S. Brown, Esq.,
                                                                  BBO# 687413, RI# 9077
                                                                  Law Office of Stephen S. Brown, LLC
                                                                  P.O. Box 50055
                                                                  New Bedford, MA 02745



                   Dated: December 22, 2022