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United States v. In-Joy Enterprises, LLC, 7:19-cv-10013-VB. (2020)

Court: District Court, S.D. New York Number: infdco20200207748 Visitors: 11
Filed: Feb. 03, 2020
Latest Update: Feb. 03, 2020
Summary: CONSENT JUDGMENT VINCENT L. BRICCETTI , District Judge . STATE OF NEW YORK, COUNTY OF WESTCHESTER) ss.: WHEREAS, Defendant In-Joy Enterprises, LLC is an active, domestic limited liability company, organized in New York under DOS ID # 3006516, with offices at 157 Hillside Ave, Mount Vernon, New York 11553; and WHEREAS, Defendant Marko S. Nobles resides within the Southern District of New York at 157 Hillside Ave, Mount Vernon, New York 11553. WHEREAS, Defendant Melissa Moorer-Nobles resid
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CONSENT JUDGMENT

STATE OF NEW YORK, COUNTY OF WESTCHESTER) ss.:

WHEREAS, Defendant In-Joy Enterprises, LLC is an active, domestic limited liability company, organized in New York under DOS ID # 3006516, with offices at 157 Hillside Ave, Mount Vernon, New York 11553; and

WHEREAS, Defendant Marko S. Nobles resides within the Southern District of New York at 157 Hillside Ave, Mount Vernon, New York 11553.

WHEREAS, Defendant Melissa Moorer-Nobles resides within the Southern District of New York at 157 Hillside Ave, Mount Vernon, New York 11553, and

WHEREAS, Defendants Marko S. Nobles and Melissa Moorer-Nobles are members of In-Joy Enterprises, LLC; and

WHEREAS, the Defendants acknowledge service of process of the summons and complaint in this lawsuit, admit the jurisdiction of this Court and their liability to the Plaintiff which is based on the following facts:

1. That on or about October 6th, 2006, the U.S. Small Business Administration (hereinafter "SBA") authorized and guaranteed a loan for the sum of $25,000.00 to the borrower-defendant In-Joy Enterprises, LLC. 2. In accordance with said SBA Authorization, lender JPMorgan Chase Bank, N.A. entered into a Promissory Note agreement (hereinafter "Note"), account # 20583750-10, with In-Joy Enterprises, LLC for the principal amount of $25,000.00. 3. A copy of the SBA loan authorization is attached herein and incorporated by reference as Exhibit A. 4. A copy of the Note is attached herein and incorporated by reference as Exhibit B. 5. As collateral for the payment of the Note indebtedness due, Marko S. Nobles and Melissa Moorer-Nobles duly acknowledged and delivered a personal, Continuing Unlimited Guaranty of performance of said indebtedness. Exhibit C. 6. In-Joy Enterprises, LLC defaulted under the terms of the Note for failure to make payment due on February 4th, 2014 ("the default"). 7. Marko S. Nobles and Melissa Moorer-Nobles defaulted under their obligations as guarantors for failure to make payment due on February 4th, 2014 ("the default"). 8. The principal balance due under the Note is $9,831.30. 9. The Note provides that in the event of default the interest rate may be increased to 3.00 percentage points over the then applicable annual percentage rate in effect, as defined the in the Note. See Default, Exhibit B. 10. The Plaintiff is entitled to recover the full balance due under the SBA Express Loan (#20583750-10) Note, plus accrued interest at 7.85% per annum and fees, as itemized in the Certificate of Indebtedness issued by the United States Department of Treasury Bureau of Fiscal Service, acting on behalf of the SBA, attached and incorporated herein by reference as Exhibit D.

WHEREAS, Defendants admit the principal balance due on the Note of $9,831.30 as set forth in the Certificate of Indebtedness is true and correct, and the sum of $14,943.95 plus interest accruing at the rate of 7.85% per annum, or $2.12 daily, from October 24th, 2019, is due the Plaintiff. Exhibit D; and

WHEREAS, the Defendants have not appeared or otherwise responded to the Complaint, and hereby consent, authorize and agree to the entry of a judgment for the sum of $14,943.95 plus interest accruing at the rate of $2.12 per diem from October 24th, 2019 to the date of entry of this judgment, and thereafter post judgment interest which will be compounded annually pursuant to the provisions of 28 U.S.C. § 1961(b), and

WHEREAS, the Defendants have read and understood the foregoing and sign this agreement as a free and voluntary act, and it is

1. ORDERED AND ADJUDGED that this Consent Judgment is entered in favor of Plaintiff United States of America and against Defendants In-Joy Enterprises, LLC [pro se], with offices at 157 Hillside Ave, Mount Vernon, NY 10553, Marko S. Nobles [pro se], residing at 157 Hillside Ave, Mount Vernon, NY 10553, and Melissa Moorer-Nobles [pro se], residing at 157 Hillside Ave, Mount Vernon, NY 10553 and that plaintiff United States of America have judgment and do recover of the Defendants In-Joy Enterprises, LLC, Marko S. Nobles, and Melissa Moorer-Nobles, jointly and severally, the sum of $14,943.95 plus interest accruing at the rate of $2.12 per day from October 24th, 2019 through the date of entry of judgment for the sum of $216.24, for a total judgment of $15,160.19, and post-judgment interest that will continue to accrue from the date of this judgment entry at the rate prescribed by law pursuant to 28 U.S.C. § 1961.

2. Execution of this judgment shall be stayed as long as defendant abides by the terms and the conditions of the stipulation of settlement attached hereto.

Consented to as to form and entry: ________ John Manfredi Attorney for United States of America 302 East 19th Street, Suite 2A New York, NY 10003 ________ Marko S. Nobles, individually and on behalf of In-Joy Enterprises, LLC 157 Hillside Ave Mount Vernon, NY 10553 Sworn before me on this 28 day of January, 2020 ________ Notary Public ________ Melissa Moorer-Nobles 157 Hillside Ave Mount Vernon, NY 10553 Sworn before me on this 28 day of January, 2020 ________ Notary Public

SO ORDERED.

Clerk shall close this case.

Exhibit A

U.S. Small Business Administration AUTHORIZATION (SBAExpress LOAN) SBA Loan# 20583750-10 U.S. Small Business Administration Lender: New York District Office JPMorgan Chase Bank, NA 26 Federal Plaza, Suite 3100 P.O. Box 19019 New York, NY 10278 Honston, TX 77224

Lender is issuing this SBAExpress Loan Authorization for SBA to guarantee 50% of a loan in the amount of $25,000.00 to be made by Lender to assist:

Borrower: In-Joy Enterprises, LLC, 157 Hillside Ave, Mt Vernon, NY 10553

Lender's issuance is in accordance with the SBAExpress Supplemental Loan Guarantee Agreement between Lender and SBA.

This Authorization is subject to the application submitted by Borrower and the following terms and conditions:

1. Lender must comply with current SBA Form 750, and the provisions of the Small Business Act, 15 U.S.C. § 631, et. seq., SBA Standard Operating Procedures, SBA Official Notices, the SBAExpress Program Guide, and the SBAExpress Supplemental Loan Guarantee Agreement between Lender and SBA, all of which may be amended from time to time.

2. Lender must make first disbursement of the loan no later than 6 months, and complete disbursement no later than 12 months, from the date of this Authorization. For a revolving line of credit loan, Lender must make no disbursement of this loan beyond the maturity date.

3. For loans with a maturity of more than 12 months, Lender must pay a guarantee fee of 2% of the amount guaranteed for loans of $150,000 or less (Lender may retain no more than 25% of this fee) and 3% for loans of more than $150,000 to the Small Business Administration, Denver, CO 80259-0001, within 90 days of the date of this Authorization. For loans with a maturity of 12 months or less, Lender must pay a guarantee fee of .25% of the amount guaranteed to the same address within 30 days after SBA issued the SBA Loan Number. The guarantee fee for this loan is $187.50.

4. Lender must have Borrower execute a Note containing the following repayment terms: Maturity: Seven (7) years from Date of Note.

Payments of accrued interest or $100.00, whichever is greater, but not to exceed the then outstanding balance of this Note, shall be payable monthly, until the Final Availability Date. The term "Final Availability Date" as used herein means the 3 year anniversary date of this Note. Effective, without any further notice, after the Final Availability Date, no further advances under this line of credit will be available. Thereafter, on the same calendar day as payments were due prior to the Final Availability Date, 47 monthly payments shall be due with each payment equal to the greater amount of (1) $250.00, or (2) the aggregate sum of (a) accrued interest, plus (b) 1/84th of the unpaid principal balance immediately following the Final Availability Date. A final payment shall be due and payable on the same calendar day in the 48th month following the Final Availability Date in the amount of the outstanding principal balance of this Note, plus all accrued but unpaid interest and any other unpaid amounts due under this Note.

Interest rate: The interest rate on this Note is Prime plus 4.60%

5. Lender must develop and maintain evidence of a system or process to reasonably ensure that proceeds of loan were used for the following eligible business purposes:

$ 25,000.00 Working Capital

6. Lender must satisfy the following collateral conditions: Lender will receive the personal guaranty of the Borrower's principal.

LENDER: JPMorgan Chase Bank, NA By: ________ 10/6/06 Elizabeth Rios, Loan Coordinator Date

Exhibit B

Exhibit C

Exhibit D

U.S. DEPARTMENT OF THE TREASURY BUREAU OF THE FISCAL SERVICE WASHINGTON, D.C. 20227

ACTING ON BEHALF OF U.S. Small Business Administration CERTIFICATE OF INDEBTEDNESS

Debtor Name(s) and Address(es): In-Joy Enterprises, LLC 157 Hillside Ave Mount Vernon, NY 10553 Melissa Moorer-Nobles 157 Hillside Ave Mount Vernon, NY 10553 Marko S. Nobles 157 Hillside Ave Mount Vernon, NY 10553 RE: Treasury Claim TRFM2014241144

I certify that the U.S. Small Business Administration (SBA) records show that the debtors named above are indebted to the United States in the amount stated as follows:

Principal: $ 9,831.30 Interest through 10/23/2019*: $ 1,150.24 DMS fees: $ 3,514.09 DOJ fees: $ 448.32 (pursuant to 31 U.S.C. 3717(e) and 3711(g)(6), (7); 31 C.F.R. 285.12(j) and 31 C.F.R. 901.1(f); and 28 U.S.C. 527, note) TOTAL debt owed as of 10/23/2019 $14,943.95 *NOTE: Per the creditor agency profile, the debt continues to accrue interest at the annual rate of 7.85% (or $2.12 daily).

This debt is based on the debtors' February 4th, 2014 default on SBA Express Loan (#20583750-10) in the amount of $25,000.00.

CERTIFICATION: Pursuant to 28 USC ss. 1746, I certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief based upon information provided by the U.S. Small Business Administration.

________ Natalie Stubbs Financial Program Specialist U.S. Department of the Treasury Bureau of the Fiscal Service
Source:  Leagle

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