Motion-Secondary: Commonwealth Of Massachusetts vs. $783.00 IN United States Currency et al

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            E-FILED
                        COMMONWEALTH OF MASSACHUSETTS

WORCESTER , ss                                       SUPERIOR COURT DEPARTMENT
                                                     OF THE TRIAL COURT
                                                     CIVIL ACTION
                                                     NO. 2185 CV 00804B


COMMONWEALTH OF MASSACHUSETTS                        )
                                                     )
                                                     ; AFFIDAVIT IN SUPPORT OF
VS.                                                  )} REQUEST FOR DEFAULT
                                                     ) PURSUANT TO RULE 55(
                                                     )
SEVEN HUNDRED EIGHTY THREE DOLLARS )
($783.00) IN UNITED STATES CURRENCY )                                                        AUG 17 2021
                                                     )
                               DEFENDANT             )                               we        Al Hue, CLERK

         I, Glenn A. Ludwig, Assistant District Attorney, and attorney for the above named



                                                                                                      i
plaintiff, do hereby depose and say:

       1   That on July 20, 2021, a Complaint for Forfeiture was filed against the above
           Defendant with Fabio Baez-Hernandez listed as the interested party.

           A copy of the summons and complaint were mailed via First Class and Certified Mail
           to the above interested party on July 20, 2021.

           Said mailing was sent to the address of 57 Catskills Avenue, Yonkers, NY 10704
           the address provided to the Massachusetts State Police at the time of the arrest;

           The Certified mailing was accepted as evidence by the return receipt from the United
           States Post Office dated July 23, 2021.

           A Return of Service was filed in this matter on July 30, 2021.

           To date, Fabio Baez-Hernandez has not filed an Answer or any other pleadings in the
           above matter as to the Defendant seized by the Massachusetts State Police.

           More than twenty (20) days have elapsed since the date on which a copy of the
           Complaint and Summons were mailed by First Class mail and Certified mail to the
           interested party.
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 8. This affidavit is executed by the affiant herein in accordance with Rule 55(a) of the
    Massachusetts Rules of Civil Procedure for the purpose of enabling the Plaintiff to
    obtain an entry of default against the interested party for their failure to answer or
    otherwise defend as to the Plaintiff's complaint.

 9.    I further depose that Fabio Baez-Hernandez is not an infant or incompetent person, or
       an incapacitated person.

. 10. I further depose that to the best of my knowledge, Fabio Baez-Hernandez is not
      currently in the military service.

 11. The Plaintiff's claim against the Defendant is for a sum certain amount.



      Signed under the pains and penalties of perjury this 18" day of August 2021.




                                         Glenn A Ludwig
                                         Assistant District Attorney
                                         Worcester Trial Court
                                         225 Main Street, Room G-301
                                         Worcester, MA 01608
                                         Tel. (774) 317-2404
                                         B.B.O. # 552878
                                         Mid.asset.forfeiture@state.ma.us