HomeMy WebLinkAbout07-5983C & K MARKET, INC., d!b/a Ray's Food IN THE COURT OF COMMON PLEAS OF
Place, Shop Smart Food Warehouse and CUMBERLAND COUNTY, PENNSYLVANIA
Priceless Foods,
Plaintiff, No.: 07-31$3 CIVIL TERM
v.
BE5C0 SALES, INC.,
JURY TRIAL DEMANDED
Defendant.
PRAECIPE TO TRANSFER OREGON JUDGMENT
PURSUANT TO 42 PA.C.S.A. ~ 4306
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
AND NOW, comes Plaintiff C & K Market, Inc. dba Ray's Food Place, Shop
Smart Food Warehouse, and Priceless Foods ("Plaintiff'), through its counsel, and hereby
requests that the General Judgment (Ex Parte), which was decreed by Order of the Court on 3uly
13, 2006, in the Circuit Court for the State of Oregon for Curry County, in the amount of
$199,785, together with interest thereon at the rate of 9% per annum, from April 1, 2005,
until paid, together with Plaintiff s costs and disbursements incurred, be transferred and
fully domesticated in the Cumberland County Court of Common Pleas pursuant to 42 Pa.C.5.A.
§ 4306, relating to Enforcement of Foreign Judgments, and in support thereof submits the
following Exhibits attached to this Petition:
Exhibit A -Triple Sealed Exemplified Record with Certified Docket Entries;
Exhibit B -Certified General Judgment; and
Exhibit C -Affidavit Pursuant to 42 Pa.C.S.A. § 4306(c).
Respectfully Submitted,
Thomas Schmidt, III ( A 1 6)
Stacey I. Gregory (PA 90290)
PEPPER HAMILTON LLP
100 Market Street, Suite 200
Post Office Box 1181
Harrisburg, Pennsylvania 17108-1181
(717) 255-1155
(717) 238-0575 (Fax)
schmidtt@pepperlaw. com
gregorys@pepperlaw. com
Counsel for Plaintiff
Dated: October 10, 2007
-2-
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CURRY
United States of America )
State of Oregon ) ss.
County of Curry )
I, L. Yeiter, Court Clerk of the Circuit Court of the State of Oregon, in and for the County of
Curry, and custodian of the records of said court, does hereby certify that the attached copy of
The docket/case file no. 06CV0352 and register for the matter of: C & K Market, Inc., d.b.a.
Ray's Food Place, Shop Smart Food Warehouse, and Priceless Foods, vs. Besco Sales, Inc. has
been compared by me with the original made and entered and now on file and of record in my
office and custody, and that it is a true, full and correct copy of the whole of said original records.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said court this
28'h day of September 2007. c _:_ ---~-
_..
-~~.
~„' e~_ _. _ . - --
Co peration ecialist II
United States of America )
State of Oregon ) ss.
County of Curry )
I, Jesse C. Margolis, Judge of the Circuit Court of the State of Oregon, in and for the County of
Curry, do hereby certify that the said court is a court of record, having an administrator and seal.
That L. Yeiter, who has signed the foregoing certificate, is the duly appointed, commissioned and
qualified Court Operations Specialist II of the Curry Circuit Court of the State of Oregon, that
said signature is her genuine handwriting, and that all her official acts, as such Court Operations
Specialist II, are entitled to full faith and credit. And I further certify that said certificate is in due
form of law.
WITNESS MY hand this 28"' day of September 2007
Hort¢Fable Judge Jesse C. Margolis
United States of America ) ~
State of Oregon ) ss.
County of Curry )
I, L. Yeiter, Court Clerk of the Circuit Court of the State of Oregon in and for the County of
Curry, do hereby certify that the Honorable Judge Jesse C. Margolis whose name is subscribed in
the preceding certificate, is Circuit Judge of the Circuit Court of the State of Oregon in and for
the County of Curry, duly elected, commissioned and qualified, and that the signature of said
Judge's to a said certificate is genuine.
IN WITNESS WHEREOF, I have hereunto se and affixed the seal of said Court this
28th day of September 2007. ~~_~-~~ ~~~"~--
.-
Court-9peratio'ns Specialist II
,' ,
• LJY 9/28/07 11:03 AM
Case Register........ Curry County Circuit Court Status Closed
Case#...... 06CV0352 C & K Market Inc/Besco Sales Inc
Civil Contract
Case Filed Date..... 4/20/06 Starting Instrument.. Complaint
Case Started Date.....4/20/06 Originating From..... Original filing
At Issue Date....... Previous Court.......
First Setting Date.. Previous Court Case#.
Trial Scheduled Date Master Case Number...
Trial Start Date.... Relation to Master...
Length of Trial..... Amount Prayed for.... $199,785.00
Disposition Date.... Termination Stage....
Final Order Date.... 7/13/06 Termination Type.....
Reinstated Date.....
Judgment Type........ Judgment General Creat
Judgment Status...... Unsatisfied
Judgment Volume/Page. OJIN
ROLE PLAINTIFF ATTORNEY
1 Plaintiff C ~ R Market Inc Mc Cleery Philip Scott
Doing Busi Rays Food Place
Doing Busi Shop Smart Food Warehouse
Doing Busi Priceless Foods
ROLE DEFENDANT ATTORNEY
1 DEF DFLT Besco Sales Inc
_ ENTER DT FILE DT EVENT/FILING/PROCEEDING SCHD DT TIME ROOM
1 4/20/06 4/20/06 Complaint
2 4/20/06 4/20/06 Return of Service Scheduled 6/30/06 RgTQ
Cancelled
3 4/20/06 4/20/06 Appearance Scheduled 7/30/06 Appg
Cancelled
4 6/13/06 6/12/06 Summons
DEF 1 Besco Sales Inc
5 6/13/06 6/13/06 Affidavit of Service
npt 6-12-06 (Certified)
by: P Scott McCleery
DEF 1 Besco Sales Inc
6/05/06 Mailed
6 6/13/06 6/12/06 Notice Intent Take Default
/Affidavit of Mailing
7/05/06 Mailed
7 7/13/06 7/12/06 Motion Default Order
PRV 1 Mc Cleery Philip Scott
8 7/13/06 7/12/06 Affidavit in Support of Motion
9 7/14/06 7/13/06 Order ofMDefaulty Philip Scott
7/13/06 Signed
10 7/14/06 7/13/06 Jud 1 Lichtig Howard S
gment General Creates Lien
7/13/06 Signed
JUD 1 Lichtig Howard ~"' ~"' ~`°~'' ~ ~'~''`
Related event # 12 ' ;. B<ateA''C~i~.~DayO~~-~a2C~ 7
1`sis~l .fi'.3~ hdmi~~itrat~r~
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PAGE 1
,' ENTER DT FILE DT
11 7/14/06 7/13/06
12 7/14/06 7/14/06
EVENT/FILING/PROCEEDING
Judgment # 1
Closed
Notice Satry of Judgment
PRV 1 Mc Cleery Philip Scott
******** END OF DATA ********
SCHD DT TIME ROOM
PAGE 2
IN '_ c; CIRCUIT COURT OF THE STA'. OF OREGON
• FOR CURRY COUNTY
CURRY COUNTY COURTHOUSE
P.O. Box 810 Gold Beach, Oregon 97444-0810
(541) 247-4511
July 17, 2006
PHILIP SCOTT MCCLEERY
Attorney at Law Bar#: 85065
44 CLUB ROAD SUITE 200
PO_BOX 11230
EUGENE OR 97440-3430
C ~ K Market Inc/Besco Sales Inc
Case#: 06CV0352 C Civil Contract
NOTICE OF ENTRY OF JQDGMBr1T
DOCKETED
A Judgment was entered in the register of the Court in the above-noted
case on July 14, 2006.
Judgment General Creates Lien
was docketed in the circuit Court judgment docket.
This notice is sent in accordance with ORCP 70B.
Client(s) of Addressee:
C & K MARKET INC
Print Judgments......
Case# Curry County Circuit Court TJB 7/14/06 9:35 A
Status Closed INAC
...... 06CV0352 C & K Market Inc/Besco Sales Inc
Civil Contract
1 Judgment General Creates Lien
Docket Entry Date... 7/14/06 Judgment Status..... Unsatisfd
Judgment Date....... 7/13/06 Docket Entry
Volume/Page Time... 9:31 AM
OJI
Judgment...........
. $199,785.00 .. .......
N
Jgm Interest....... . $21,462.00
Default/Money Award: Prejudgment simple interest
accrued from 4-1-2005 through 7-10-2006 at the
rate of 9~ per annum; per diem thereafter until
date judgment is entered: $49.00 Postjudgment
simple interest at the rate of 9~ per annum on the
total judgment (which consists of prejudgment
interest, attorney fees, costs & postjudgment
interest) from the date judgment is entered until
fully paid.
PTY_JGMT ROLE PLAINTIFF
1 Plaintiff C & K MARKET INC
1 Doing Busi RAYS FOOD PLACE
2 Doing Busi SHOP SMART FOOD
3 Doing Busi PRICELESS FOODS
WAREHOUSE
_ROLE
Creditor
JUDGMENT STATUS
Unsatisfied
PTY_JGMT ROLE DEFENDANT ROLE JUDGMENT STATUS
1 Defendant BESCO SALES INC Debtor Unsatisfied
EVT_ENTER DT_FILE DT EVENT/FILING/PROCEEDING SCD DT TIME
10 7/14/06 7/13/06 Judgment General Creates Lien -
7/13/06 Signed
JUD 1 Lichtig Howard S
Related event # 12
******** END OF DATA ********
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IN THE CIRCLIIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
GENERAL JUDGMENT (Ex
Parte)
Based upon the Motion of Plaintiffs and the records and files in this case, which
reveal that an Order of Default was entered on July ~~, 2006, and the Court being fully
advised in the premises, and finding that there is no just reason for delay:
Now, therefore, it is hereby ORDERED AND ADJUDGED that Plaintiffs have
judgment against Defendant Besco Sales, Inc. in the principal amount of $199,785, together
with interest thereon at the rate of 9% per annum, from April 1, 2005, until paid, together
with Plaintiff's costs and disbursements incurred herein.
25 ///
~~ nn 26 ///
l"Jl~
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 1 -GENERAL JUDGMENT (Ex Parte)
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Money Judgment
Pursuant to ORCP 70A
1. Judgment Creditor: C & K Market, Inc.
615 Fifth Street
Brookings, OR 97415
(541) 469-3113
2. Judgment Creditor's Attorney: P. Scott McCleery
Doyle, Gartland, Nelson, McCleery
& Wade, P.C.
P.O. Box 11230
Eugene, OR 97440-3430
(541) 344-2174
3. Judgment Debtor: Besco Sales, Inc.
1160West Trindle Road
Mechanicsburg, PA 17055
4. Judgment Debtor's Attorney: n/a
5. Principal Amount of Judgment: $199,785
6. Prejudgment simple interest from April 1, 2005 at the rate of 9%
ercent
annum: p
per
A. Accrued through July 10, 2006: $21,462.00
B. Per diem thereafter until date judgment is entered: $49.00
7. Attorney Fees: None
8. Costs: pending
9. Post judgment simple interest at the rate of nine percent (9%) per annum on the
total judgment which consists of items 6, 7, 8 and 9 from the date judgment is entered until
fully paid. ~
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DATED this ~ 3 day of July, 2006.
Submitted by:
P. Scott McCleery (OSB No. 85065)
Of Attorneys for Plaintiff
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 2 -GENERAL JUDGMENT (Ex Parte)
IN ', .c; CIRCUIT COURT OF THE STA'_ OF OREGON
• FOR CURRY COUNTY
• CURRY COUNTY COURTHOUSE
P.O. Box 810 Gold Beach, Oregon 97444-0810
(541) 247-4511
July 17, 2006
PHILIP SCOTT MCCLEERY
Attorney at Law Bar#: 85065
44 CLUB ROAD SUITE 200
PO_BOX 11230
EUGENE OR 97440-3430
C ~ R Market Inc/Besco Sales Inc
Case#: 06CV0352 C Civil Contract
NOTICE OF ENTRY OF JQD(~]T
DOCRB'TED
A Judgment was entered in the register of the Court in the above-noted
case on July 14, 2006.
Judgment General Creates Lien
was docketed in the circuit Court judgment docket.
This notice is sent in accordance with ORCP 70B.
Client(s) of Addressee:
C & K MARKET INC
Print Jud
gments......
Case#
Curry County Circuit
Court TJB 7/14/06 9:35 A
Status Closed INAC
...... 06CV0352 C & K Market Inc/Besco Sales Inc
Civil Contract
1 Judgment General Creates Lien
Docket Entry Date... 7/14/06 Judgment Status..._. IInsatisfd
Judgment Date......
. 7/13/06 Docket Entry
Volume/Page Time... 9:31 AM
OJI
Judgment...........
. $199,785.00 .. .......
N
Jgm Interest....... . $21,462.00
Default/Money Award: Prejudgment simple interest
accrued from 4-1-2005 through 7-10-2006 at the
rate of 9~ per annum; per diem thereafter until
date judgment is entered: $49.00 Postjudgment
simple interest at the rate of 9~ per annum on the
total judgment (which consists of prejudgment
interest, attorney fees, costs & postjudgment
interest) from the date judgment is entered until
fully paid.
PTY
1 _JGMT ROLE PLAINTIFF ROLE
Plaintiff C & K JUDGMENT STATUS
1 MARKET INC Creditor
Doing Busi RAYS FOOD PLACE Unsatisfied
2 Doing Busi SHOP SMART FOOD WAREHOUSE
3 Doing Busi PRICELESS FOODS
PTY_
1 JGMT ROLE DEFENDANT ROLE
Defendant BESCO SALES INC JUDGMENT STATUS
Debtor Unsatisfied
EVT_ ENTER DT_FILE DT EVENT/FILING/PROCEEDING SCD DT TIME
10 7/14/06 7/13/06 Judgment General Creates Lien
7/13/06 Signed
JUD 1 Lichtig Howard S
Related event # 12
******** END OF DATA ********
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
ORDER OF DEFAULT (Ex
Parte)
THIS MATTER comes before the Court on the motion of Plaintiff for an order of
default. It appearing from the official files that Defendant Besco Sales, Inc. was served on
June 5, 2006, but has not appeared; and it further appearing that Defendant is not a minor,
not an incapacitated person as defined in ORS 125.005, not a protected personas defined in
ORS 125.005, not a respondent as defined in ORS 125.005, nor in the military service of the
United States Service or any of its allies; therefore
///
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DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 1 -ORDER OF DEFAULT (Ex Parte)
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IT IS HEREBY ORDERED that Defendant Besco Sales, Inc. is in default and that
such default is entered of record.
DATED this ~ ? fday of July, 2006. ~
CURRY CO Y CIRtC' /UIT COURT JUDGE
Submitted by: ~/~ S. UVHTIC7
P. Scott McCleery (OSB No. 85065)
Of Attorneys for Plaintiff
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 2 -ORDER OF DEFAULT (Ex Parte)
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l0 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
11 C & K MARKET, INC.,
dba Ray's Food Case No. 06 CV 0352
12 Place, Shop Smart Food Warehouse, and
Priceless Foods, AFFIDAVIT OF P. SCOTT
13 McCLEERY IN SUPPORT OF
Plaintiff, MOTION FOR DEFAULT
14 ORDER (Ex Parte)
vs.
15 BESCO SALES, INC.,
16
Defendant.
17
18 STATE OF OREGON )
19 County of Lane ~ ss.
20 I, P. Scott McCleery, being first duly sworn, depose and say:
21 1. I am one of the attorneys for Plaintiff.
22 2. Defendant Besco Sales, Inc. by causing a certified true copy of the same to be
23 mailed by regular mail and certified mail, return receipt requested, to the following address:
24 1160 West Trindle Road, Mechanicsburg, PA 17055, which was received on June 5, 2006.
25 A true copy of the Affidavit of Service is attached as Exhibit 1.
26 ///
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 1 -AFFIDAVIT OF P. SCOTT McCLEERY IN SUPPORT OF MOTION
FOR DEFAULT ORDER (Ex Parte)
1 3. To the best of my knowledge and belief, Defendant is not a minor, not an
2 incapacitated person as defined in ORS 125.005, not a protected person as defined in ORS
3 125.005, not a respondent as defined in ORS 125.005, nor in the military service of the
4 United States Service or any of its allies.
5 4. Defendant did not answer nor make any appearance within the time provided
6 by law, and has not filed any appearance to this date. Defendant has not provided written
7 notice of intent to file an appearance. Since the 30-day period has run, Plaintiff is entitled to
8 a default.
9
10 ~ C~~
11 P. S OTT McCLEERY
12 SUBSCRIBED AND SWORN TO before me this ~d~ day of July, 2006.
13 ~
14 KASStE j YiW ~ ~~ ~ ~' '~' "~~
~"~ ~~~ N ARY PUBLIC FOR OREGON
15 WMMISSION N0. 369688
~ OOMMISSION DWIRES AUOtiST Zl, t001
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DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys a[ Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 2 -AFFIDAVIT OF P. SCOTT McCLEERY IN SUPPORT OF MOTION
FOR DEFAULT ORDER (Ex Parte)
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
AFFIDAVIT OF SERVICE
STATE OF OREGON )
County of Lane ~ ss.
I, P. Scott McCleery, being first duly sworn, do depose and say that I am one of the
attorneys for the Plaintiff in the above-entitled case; I served the Summons and Complaint on
the above-named Defendant by causing a certified true copy of the same to be mailed by
regular mail and certified mail, return receipt requested, to the following address: 1160 West
///
/1/
///
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
Ex ~ , pg_~ C___,
PAGE 1-AFFIDAVIT OF SERVICE
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Trindle Road, Mechanicsburg, PA 17055. A true copy of the ret rn receipt is attached
hereto as Exhibit 1.
P. SCO cCLEERY
SUBSCRIBED AND SWORN to before me this ~ day of June, 2006.
__
OFFICIAL SEAL
lcASSIE J AYILLA NO ARY PUBLIC FOR OREGON
.~ NOTARY PUBLIC-OREGON
COMMISSION N0. 369688
MY COMMISSION EXPIRES AUGUST 21, 2007
DOYI,E, GARTL.AND, NELSON,
MCCLBERY & WADE, P.C.
Attorneys at Iaw
44 Club Road, Suite 200
Post Office Boz 11230
Eugene, OR 97440-3430
(541) 344-2174
Ex ~ , Pg ~'
PAGE 2 -AFFIDAVIT OF SERVICE
_.
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
MOTION FOR DEFAULT
ORDER (Ex Parte)
Pursuant to Rule 69B, Oregon Rules of Civil Procedure, Plaintiff moves the Court for
a default order against Defendant Besco Sales, Inc. This Motion is supported by the
Affidavit of P. Scott McCI)eery.
DATED this ~J day of July, 2006.
D& wE, C A N SON, McCLEERY
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
By: G
P. SCO McCLEERY (OSB No. 8
Of Attorneys for Plaintiff
Trial Attorney:
P. Scott McCleery (OSB No. 85065)
MOTION FOR DEFAULT ORDER (Ex Parte) ,~
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to IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
11 C & K MARKET, INC., dba Ray's Food Case No. 06 CV 0352
12 Place, Shop Smart Food Warehouse, and
Priceless Foods, NOTICE OF INTENT TO TAKE
13 DEFAULT; AFFIDAVIT OF
Plaintiff, MAILING
14
vs.
15 gESCO SALES, INC.,
16
Defendant.
17
1s NOTICE IS HEREBY GIVEN that a true copy of the Summons and the Complaint
19 were served upon Defendant Besco Sales, Inc. by causing a certified true copy of the same to
20 be mailed by regular mail and certified mail, return receipt requested, to the following
21 address: 1160 West Trindle Road, Mechanicsburg, PA 17055, which was received on June
22 5, 2006.
23 ///
24 ///
25 ///
26 ///
DOYLB, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene> OR 97440-3430
(541) 344-2174
PAGE 1 -NOTICE OF INTENT TO TAKE DEFAULT; AFFIDAVIT OF
MAILING
i Under the Oregon Rules of Civil Procedure, Defendant Besco Sales, Inc. has 30 days
2 from then in which to appear and defend itself. If the Defendant fails to appear on or before
3 July 5, 2006, the Plaintiff will apply to the Court for a default immediately thereafter.
4 ~~ DATED this day of June, 2006.
5 DOYLE, RTLAN ,NELSON, McCLEERY
6 & WA
7
By:
g P. SCO c LEERY SB No. 85065)
Of Attorneys for Plaintiff
9 Trial Attorney:
1o P. Scott McCleery (OSB No. 85065)
11 AFFIDAVIT OF MAILING
12 STATE OF OREGON )
13 ) Ss.
County of Lane
14 The undersigned, being first duly sworn, deposes and says that I am one of the
attorneys for the Plaintiff in the above-entitled case; I served the Notice of Intent to Take
15 Default on the above-named Defendant by causi a cert' ><ed true copy of the Notice to be
16 mailed by regular mail on June 9, 2006, at the d ~s sht~vu~ above.
1~ ~~
18 P. SC McCLEERY
19 SUBSCRIBED AND SWORN to before lne this day of June, 2006.
r
f ~
Of FIC1Al SEAL ~ ~ (r ~ ~ ' , ~ ~ ~ ;~ '. Uf
~usslE i ~InLU NOT x r ru1iL1(: rOR OREGON
21 N07ARY PUBLIC-OREGOif
COMMISSION N0. 36968A
22 ~ COMMISSION EXPIRES AU&1IST 21, 2001
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DOYLE, GARTL.AND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 2 -NOTICE OF INTENT TO TAKE DEFAULT; AFFIDAVIT OF
MAILING
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
AFFIDAVIT OF SERVICE
STATE OF OREGON )
County of Lane ~ ss.
I, P. Scott McCleery, being first duly sworn, do depose and say that I am one of the
attorneys for the Plaintiff in the above-entitled case; I served the Summons and Complaint on
the above-named Defendant by causing a certified true copy of the same to be mailed by
regular mail and certified mail, return receipt requested, to the following address: 1160 West
///
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///
DOYL.E, GARTLAND, NELSON,
MCCL,EERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 1 -AFFIDAVIT OF SERVICE
1 Trindle Road, Mechanicsburg, PA 17055. A true copy of the ret rn receipt is attached
2 hereto as Exhibit 1. ,
. ' i.
3
4
P. SCO cCLEERY
5 SUBSCRIBED AND SWORN to before me this `~~~~~~ day of June, 2006.
6 ~ ~. ~ ,
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'J OFFICIAL SE4L ~ '~'~'1" `~% ~
IGSSIE 1 AVlLLA NO ARY PUBLIC FOR OREGON
8 NOTARY PUBLIC-OREGON ,
COMMISSION N0. 369688
MY COMMISSION EXPIRES AUGUST 21, 2007
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DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 2 -AFFIDAVIT OF SERVICE
' ^ Complete items 1; 2, and 3. Also complete
item 4 i# Restricted Delivery is desired.;
^ Rrint your name and address.on the reverse
so that we-can return the card,to you.
^: Attach this card to the back. of the maiipiec~,
or on fife frogtrf space permits,
1. Article /,kddressed to;
r
Bes ::Sales, Inc.
116 t Trindle Road
Mec "`icsburg, PA 17055
(~
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' ~'a"~~~~~ 7004 0?50 0002 0211 2726
~~
r~ roan 3$'11 February 2004
DomestlaReturn -Receipt
d Ag~t ~
^.Addressee
Effie of i9elivery
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1
Merchandise
10259'rU2-M-t54o
r
Ex._._., Pg
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
vs.
BESCO SALES, INC.,
Defendant.
TO: Besco Sales, Inc.
1160 West Trindle Road
Mechanicsburg, PA 17055
Case No. 06 CV 0352
SUMMONS
IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear
and defend the complaint filed against you in the above-entitled cause within 30 days from the
date of service of this Summons upon you, and if you fail to so appear and defend, for want
thereof, the plaintiff will apply to the Court for the relief demanded therein.
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
You must "appear" in this case or the other
side will win automatically. To "appear" you
must file with the Court a legal paper called a
"motion" or "answer." The "motion" or
"answer" must be given to the Court or
DOYLE, GARILAND,
NELSON & MCCLEERY, P.C.
Attorneys at Law
44 Club Road, Sui[e 200
Post Office Box 11230
EUGENE,~o~21„o_343a PAGE 1 -SUMMONS
administrator within 30 days along with the
required filing fee. It must be in proper form
and have proof of service on the plaintiff's
attorney, or, if the plaintiff does not have an
attorney, proof of service on the plaintiff.
If you have questions you should see an
attorney immediately. If you need help in
finding an attorney, you may call the Oregon
State Bar's Lawyer Referral Service at (503)
684-3763 or toll-free in Oregon at (800) 452-
7636.
By:
P. SCOTT Mc LEERY (OSB No. 85065)
Doyle, Gartland, Nelson, McCleery &
Wade, P.C.
P.O. Box 11230
Eugene, Oregon 97440-3430
Telephone: (541) 344-2174
DOYLE, GAR'ILANp,
NELSON & MCCLEERY, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
EUGENE, OR 97440-3430
(541)344-2174
PAGE 2 -SUMMONS
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IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food Case No. ~' ~ ~` i ~~ ~
Place, Shop Smart Food Warehouse, and ~ ~~ ~~,~ ~ ~ ~ ~`~
Priceless Foods, COMPLAINT (Breach of
Contract)
Plaintiff,
vs. CLAIM NOT SUBJECT TO
MANDATORY ARBITRATION
BESCO SALES, INC.,
Defendant.
Plaintiff alleges as follows:
1.
Plaintiff is an Oregon corporation, with its corporate headquarters in Brookings,
Oregon.
2.
Defendant is a Pennsylvania corporation, which conducts business in Oregon.
///
///
///
DOYI.E, GARTL.AND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541)344-2174
PAGE 1 -COMPLAINT
1
3.
2 In November 2004, Plaintiff and Defendant entered into a contract under which
3 Plaintiff would purchase 41 refurbished cardboard balers for Plaintiff's grocery stores, for a
4 total cost (including shipping and installation) of $193,725, or $4,725 per baler.
5 4.
6 On November 17, 2004, Plaintiff issued and delivered a check in the amount of
7 $48,431.25 to Defendant, and on January 5, 2005, Plaintiff issued and delivered a check in
8 the amount of $145,293.75 to Defendant. The two checks represent payment in full under
9 the parties' contract.
10 5
11 Defendant has failed to deliver the 41 fully refurbished balers to Plaintiff, as agreed.
12 6.
13 Defendant has delivered only 14 partially refurbished bailers to Plaintiff.
14 7
15 Plaintiff has fully performed under its contract with Defendant.
16 8
17 As the result of Defendant's breach of its contract with Plaintiff, Plaintiff has been
18 damaged in the amount of $199,785.
19 9
20 Plaintiff is also entitled to recover prejudgment interest at the rate of 9% per annum in
21 the amount of $49.00 per day from April 1, 2005 until paid in full.
22 WHEREFORE, Plaintiff prays as follows:
23 1. For judgment against Defendant in the amount of $199,785, together with
24 prejudgment interest at the rate of 9% per annum in the amount of $49.00 per day from April
25 1, 2005 until paid in full;
26 ///
DOYLE, GARTLAND, NEISON,
MCCLEERY & WADE, P.C.
Attorneys at Iaw
4d Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 2 -COMPLAINT
1 2. Costs and disbursements incurred by Plaintiff in this litigation; and
2 3. Such other relief as the Court may deem just and proper.
3 DATED this day of April, 2006.
4 t
DOYLE, G TLAND, NELSON, McCLEERY
5 & WAD, .
6 `
By: 1
~ P. SCO McCLEER (OSB No. 85065)
Of Attorneys for Plaintiff
8 Trial Attorney:
q P. Scott McCleery (OSB No. 85065)
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DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at I.aw
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174 PAGE 3 -COMPLAINT
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rr~, Certified True Of The Original
~'?~~
"'d~~ ' ~ , Dated Thi~Dav Of ~ 20Q
,,~, Trial Court Adminisirutor JJ
By~ (' K~°XY
IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR CURRY COUNTY
C & K MARKET, INC., dba Ray's Food
Place, Shop Smart Food Warehouse, and
Priceless Foods,
Plaintiff,
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vs.
BESCO SALES, INC.,
Defendant.
Case No. 06 CV 0352
GENERAL JUDGMENT (Ex
Parte)
Based upon the Motion of Plaintiffs and the records and files in this case, which
reveal that an Order of Default was entered on July ~_, 2006, and the Court being fully
advised in the premises, and finding that there is no just reason for delay:
Now, therefore, it is hereby ORDERED AND ADJUDGED that Plaintiffs have
judgment against Defendant Besco Sales, Inc. in the principal amount of $199,785, together
with interest thereon at the rate of 9% per annum, from April 1, 2005, until paid, together
with Plaintiff's costs and disbursements incurred herein.
///
///
ll~ • ~~
DOYL.E, GARTI.AND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 1 -GENERAL JUDGMENT (Ex Parte)
~O
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Money Judgment
Pursuant to ORCP 70A
1. Judgment Creditor: C & K Market, Inc.
615 Fifth Street
Brookings, OR 97415
(541) 469-3113
2. Judgment Creditor's Attorney: P. Scott McCleery
Doyle, Gartland, Nelson, McCleery
& Wade, P.C.
P.O. Box 11230
Eugene, OR 97440-3430
(541) 344-2174
3. Judgment Debtor: Besco Sales, Inc.
1160West Trindle Road
Mechanicsburg, PA 17055
4. Judgment Debtor's Attorney: n/a
5. Principal Amount of Judgment: $199,785
6. Prejudgment simple interest from April 1, 2005 at the rate of 9% percent per
annum:
A. Accrued through July 10, 2006: $21,462.00
B. Per diem thereafter until date judgment is entered: $49.00
7. Attorney Fees: None
8. Costs: pending
total 'ud Post judgment simple interest at the rate of nine percent (9%) der annum on the
~ gment which consists of items 6, 7, 8 and 9 from the date judgment is entered until
fully paid.
DATED this / ? day of July, 2006.
Submitted by:
P. Scott McCleery (OSB No. 8506)
Of Attorneys for Plaintiff
DOYLE, GARTLAND, NELSON,
MCCLEERY & WADE, P.C.
Attorneys at Law
44 Club Road, Suite 200
Post Office Box 11230
Eugene, OR 97440-3430
(541) 344-2174
PAGE 2 -GENERAL JUDGMENT (Ex Parte)
~xl~~byf ~
C & K MARKET, INC., d/b/a Ray's Food
Place, Shop Smart Food Warehouse and
Priceless Foods,
Plaintiff,
v.
BESCO SALES, INC.,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 07- CIVIL TERM
JURY TRIAL DEMANDED
AFFIDAVIT PURSUANT TO 42 PA C S A & 4306(C)
AND NOW, comes Stacey I. Gregory, Esquire, of the law firm of Pepper
Hamilton LLP, on behalf of Plaintiff C & K Market, Inc., d/b/a Ray's Food Place, Shop Smart
Food Warehouse and Priceless Foods ("Plaintiff'), and in support of its Praecipe to Transfer
Oregon Judgment Pursuant to 42 Pa.C.S.A. § 4306, swears and affirms under the penalties of 18
Pa.C.S.A. § 4904 the following:
1. The document titled General Judgment (Ex Parte) is a true, accurate, and
certified copy of the judgment that was entered in the above-captioned case in the Circuit Court
for the State of Oregon for Curry County on July 13, 2006.
2. The same judgment is valid, enforceable and unsatisfied and is thus
qualified for domestication in the Cumberland County Court of Common Pleas pursuant to 42
Pa.C.S.A. § 4306.
3. The last known address to Plaintiff of Besco Sales, Inc. is 1160 West
Trindle Rd., Mechanicsburg, Pennsylvania, 17055-4507.
PEPPER HAMILTON LLP
Attorney for Plaintiff
Stacey I. G gory, Esquir
Sworn to and subscribed before me
this / o ~~' day of Q C-~ . , 2007
. YJ
No u is
oaH~nor~wevni of ~ruvsrvaw~-
~°f~cx~
INpoartn~on E~iresA4p, 21.2M1
Member, Penneyivania Asaodatbn of tVogiriss
CERTIFICATE OF SERVICE
I, Stacey I. Gregory, hereby certify that on October 10, 2007, a true and correct
copy of the foregoing Praecipe to Transfer Oregon Judgment Pursuant to 42 Pa.C.S.A. 4306 and
Notice of Entry of Judgment were served via first class mail postage prepaid upon the following:
Besco Sales, Inc.
1160 West Trindle Rd.
Mechanicsburg, Pennsylvania, 17055-4507
and
Craig A. Diehl
3464 Trindle Rd.
Camp Hill, PA 17011
~ _
Stacey I. egory
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C & K MARKET, INC., d/b/a Ray's Food
Place, Shop Smart Food Warehouse and
Priceless Foods,
Plaintiff,
v.
BESCO SALES, INC.,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 07- CIVIL TERM
NOTICE OF ENTRY OF JUDGMENT
TO: Besco Sales, Inc.
1160 West Trindle Rd.
Mechanicsburg, Pennsylvania, 17055-4507
and
Craig A. Diehl
3464 Trindle Rd.
Camp Hill, PA 17011
Counsel for Besco Sales, Inc.
Pursuant to the requirements of Pa. R.C.P. No. 236, you are hereby notified that
on _ DC ~- I ~ ~ , 2007, judgment in the amount of $199,785, together with interest
thereon at the rate of 9% per annum, from April 1, 2005, until paid, together with Plaintiff s
costs and disbursements incurred has been entered against you.
Date: _ y~~tt ~a1 ~
othonotary oieg