Claim #16 filed by CALLER PROPERTIES, LLC , total amount claimed: $16168.76
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OCR extracts:
Note : Judgment/claim is against Wicklund Holding Co. , predecessor to Debtor Plasticon
[…]
NOTICE OF JUDGMENT LIEN ON REAL ESTATE
Judgment Debtor
WICKLUND HOLDING CO.
1300 EAST NEW CIRCLE ROAD SUITE 111
LEXINGTON, KY 40505
Judgment Creditor:
CALLER PROPERTIES, LLC
800 EAST HIGH ST.
SUITE C
LEXINGTON, KY 40502
Judgment Amount: $9660.70
[…]
DEC 04 2001
COMMONWEALTH OF KENTUCKY
FAYETTE CIRCUIT COURT
CIVIL BRANCH
DIVISION SIX
CASE #00-CI-4492
CALLER PROPERTIES, LLC Plaintiff
VS.
LEONARDO'S ITALIAN PIES, LLC;
THOMAS POPE;
WICKLUND HOLDING CO.
Defendants
FINAL JUDGMENT
This Cause came before this Court this 2nd day of November, 2001, at 8:30 a.m. after a trial on claims brought by Plaintiff, during which Plaintiff and counsel for Plaintiff, Kevin Palley for Kevin Palley, P.S.C, Defendant, WICKLUND HOLDING CO., and counsel for Defendant, WICKLUND HOLDING CO., Stepehen D. Milner, were present and this Court having heard testimony, having reviewed the file and being otherwise advised regarding the file, hereby finds:
1. Defendant, WICKLUND HOLDING CO., issued a $9000 check dated June 30, 2000 to Plaintiff as an inducement to Plaintiff to enter into an Amended Lease with Defendant, LEONARDO'S ITALIAN PIES, LLC and THOMAS POPE.
2. Defendant, WICKLUND HOLDING CO., knew that Plaintiff was relying on the $9000 check as an inducement to enter into the aforesaid Amended Lease.
3. Plaintiff reasonably relied on the $9000 check as an inducement to enter into the aforesaid Amended Lease.
4. Plaintiff reasonably relied upon the $9000 check as an inducement, that the check was to be cashed and made good in the event that Defendants, LEONARDO'S ITALIAN PIES, LLC and/or THOMAS POPE did not pay the $9000.
5. Defendants, LEONARDO'S ITALIAN PIES, LLC and THOMAS POPE, did not pay the $9000 check.
6. Defendant, WICKLUND HOLDING CO., stopped payment on the $9000 check without legal justification.
IT IS THEREFORE ORDERED AND ADJUDGED THAT:
A. A Judgment is to be issued against Defendant, WICKLUND HOLDING CO., for Defendant, WICKLUND HOLDING CO., to pay Plaintiff $9000.00 in damages.
B. A Judgment is to be issued against Defendant, WICKLUND HOLDING CO., for Defendant, WICKLUND HOLDING CO., to pay Plaintiff $660.70 for court costs and fees consistent with the attached Affidavit.
C. The court shall exercise its discretion and not award Plaintiff pre-judgment interest
pursuant to K.R.S. Sect. 360.040.
D. Pursuant to K.R.S. Sect. 360.040,.the Judgment issued against Defendant, WICKLUND HOLDING CO., shall accrue post judgment interest rate of 12% per year beginning the date of the issuance of this judgment.
Therefore, the Judgment will be for a total of $9660.70 to accrue interest at $3.22 per day.
FOR SUCH SUMS, LET EXECUTION ISSUE FORTHWITH. |
