Free Motion for Default Judgment - District Court of Connecticut - Connecticut

Case 3:01-cv-02090-PCD

Document 22

Filed 04/12/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA, : : v. : : (1) ONE 37.5 FOOT BAJA SPORT : CRUISER MOTORBOAT, ID NO. : AGCB5523J889, NAMED "MADE YA : LOOK," WITH ALL APPURTENANCES : AND ATTACHMENTS THEREON, : ET AL : : [CLAIMANTS: DEBBIE C. KERPEN, : A/K/A DEBORAH KERPEN, : KAY F. ANDREWS, WILLIAM : NATION, ROBERT C. KERPEN, JR., : CHRISTOPHER AND/OR LISA : PHEFFER, AND FORD MOTOR : CREDIT COMPANY] :

Civil No. 3:01CV02090 (PCD)

April 12, 2004

MOTION FOR DEFAULT JUDGMENT AGAINST CHRISTOPHER AND/OR LISA PHEFFER, AND DEBBIE KERPEN The United States of America, hereby moves for Default Judgment, and represents as follows: On November 8, 2001, a Verified Complaint of Forfeiture was filed for the forfeiture of twenty defendant assets, consisting of a motorboat, a Ford Expedition, a horse trailer, a John Deere tractor, and sixteen items of currency ("Defendants 1 - 20"). The Complaint alleges that the Defendants 1 - 20 were involved in transactions or attempted transaction in violation of 18 U.S.C. § 1956 , or represent property which constitutes or is derived from proceeds traceable to violation of 18 U.S.C. § 1952, or constitute property derived from proceeds traceable to an offense constituting "specified unlawful activity" (as defined in 18 U.S.C. § 1956(c)(7)), namely racketeering in violation of 18 U.S.C. § 1952, or conspiracy to commit such offense, and are therefore subject to forfeiture to the United States pursuant to 18 U.S.C. § 981(a)(1)(C).

Case 3:01-cv-02090-PCD

Document 22

Filed 04/12/2004

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On November 20, 27, and December 4, 2001, notice of this action was published in the New Haven Register newspaper. On December 3, 2001, Christopher Pfeffer waived service of the Verified Complaint of Forfeiture and 20 Warrants of Arrest in Rem. On December 26, 2001, William Bloss, attorney for Debbie C. Kerpen, waived service of the Verified Complaint of Forfeiture and 20 Warrants of Arrest in Rem. No claim, answer or other defense having been filed by Christopher and/or Lisa Pheffer, and Debbie Kerpen in this case as required by Rule C(6) of the Supplemental Rules for Certain Admiralty and Maritime Claims, the United States moved to default Christopher and/or Lisa Pheffer, and Debbie C. Kerpen for failure to defend. On March 16, 2004, the Clerk of the Court granted the United States of America's request and defaulted Christopher and/or Lisa Pheffer, and Debbie C. Kerpen. The United States now moves for entry of a default judgment in accordance with the Court's default of Christopher and/or Lisa Pheffer and Debbie C. Kerpen. A proposed Default Judgment is submitted herewith. Respectfully submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY P.O. BOX 1824 NEW HAVEN, CT 06508 (203) 821-3700 FEDERAL BAR # ct03793

Case 3:01-cv-02090-PCD

Document 22

Filed 04/12/2004

Page 3 of 3

CERTIFICATE OF SERVICE This is to certify that a copy of the within and foregoing Motion for Default Judgment Against Christopher and/or Lisa Pheffer, and Debbie C. Kerpen and proposed Default Judgment has been mailed, postage prepaid, this 12th day of April, 2004, to: William M. Bloss, Esq. Jacobs, Grudberg, Belt & Dow, P.C. 350 Orange St New Haven, CT 06503-0001 James J. Tancredi Ford Motor Credit Company 9009 Carothers Parkway Mail Drop 600 Franklin, TN 37067 Robert Kerpen P.O. Box 263 North Haven, CT 06473 Christopher and/or Lisa Pheffer 1250 Dunbar Hill Road Hamden, CT 06514 William Nation 403 Oak Ridge Drive Mt. Washington, KY 40047 Kay Andrews 280-29 Zoar Road Charlemont, MA 01367

DAVID X. SULLIVAN ASSISTANT U.S. ATTORNEY