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HomeMy WebLinkAbout03-5937IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION, f/k/a ASSOCIATES COMMERCIAL CORPORATION, VS. Plaintiff, EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, Defendants CIVIL DIVISION PLEADING: COMPLAINT IN CIVIL ACTION Filed on Behalf of Plaintiff, CitiCapital Commercial Corporation, f/k/a Associates Commercial Corporation Counsel of Record for this Party: Thomas E. Reilly, Esquire Pa. I.D. #25832 THOMAS E. REILLY, P.C. 2025 Greentree Road Pittsburgh, PA 15220 (412)341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION, f/k/a ASSOCIATES COMMERCIAL CORPORATION, VS. Plaintiff, EAST COAST CUSTOM AUTO BODY INC. and VINCENT SCALAVINO, Defendants. No. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within TWENTY (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TM FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION, f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, ) ) ) EAST COAST CUSTOM AUTO BODY ) INC. and VINCENT SCALAVINO, ) ) Defendants. ) COMPLAINT IN CIVIL ACTION AND NOW, comes Plaintiff, CitiCorp Vendor Finance, Inc., f/k/a Copelco Capital, Inc., by and through its counsel, Thomas E. Reilly, P.C., and files the within Complaint in Civil Action, setting forth as follows: 1. CitiCapital Commercial Corporation, formerly known as Associates Commercial Corporation is a commercial lending institution duly authorized to conduct business in the Commonwealth of Pennsylvania, having an office located at 250 E. Carpenter Freeway, 4 Decker Building, Irving, Texas 75062 (hereinafter referred to as "Plaintiff'). 2. East Coast Custom Auto Body, Inc. is a corporation conducting business in the Commonwealth of Pennsylvania, having an address of 2272 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as "East Coast"). 3. Vincent Scalavino is an adult individual, to the best of the plaintiff's information, conducting business at 2272 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as "Scalavino"). 4. On or about November 23, 1999, East Coast Custom Auto Body, Inc. purchased one (1) Daewood Model G40S Fork Truck, Serial No. BI~00438 from Forklifts, Inc. in Mechanicsburg, Pennsylvania, and entered into a Retail Installment Contract for payment of a portion of the purchase price thereof. A true and correct copy of the Retail Installment Contract is marked Exhibit "A", attached hereto and made a part hereof. 5. 6. The aforesaid written agreement was assigned for value to Plaintiff, To induce Plaintiff to accept the assignment of the aforesaid contract, Defendant, Scalavino made, executed and delivered to Forklifts, Inc. and its assignees a written guaranty of the obligations of East Coast Custom Auto Body, Inc. with respect to one (1) Daewoo Model G40S Forklift, Serial No. BI-00438. A true and correct copy of the Guaranty is marked Exhibit "B", attached hereto and made a part hereof. 6. Under the terms and conditions of the written agreement pleaded as Exhibit "A", East Coast Custom Auto Body, Inc. granted to Plaintiff a security interest in the Daewoo Forklift to secure repayment of the outstanding debt. 7. Plaintiffbelieves and therefore avers that the fair market value of the Daewoo Forklift is $13,300.00 and that is in the possession of either East Coast Custom Auto Body, Inc. or its principal, Vincent Scalavino. 8. The amount due and owing Plaintiff by the defendants under the terms and conditions of Exhibits "A" and "B" is as follows: Net Balance $10,102.99 Late Fees $ 164.05 Accelerated Interest $ 468.34 TOTAL $10,735.38 9. Interest accrues on the outstanding balance at the per diem rate of $4.98 per day from September 29, 2003. 10. Under the terms and conditions of the written agreements pleaded as Exhibits "A" and "13", Plaintiff is entitled to recover from the defendant reasonable attorneys fees for the enforcement of the security interest and collection of the amounts due under both the contract and the guaranty. 11. Plaintiff avers that the reasonable attorneys fees in the above matter is the sum of $2,000.00. WHEREFORE, Plaintiff, CitiCapital Commercial Corporation, respectfully demands the following relief against the defendants: a. Entry of.judgment for possession in favor of Plaintiff and against the defendant, East Coast Custom Auto Body, Inc. and Vincent Scalavino for possession of one (1) 1999 Daewood Model G40S Forklift, Serial No. BI-004378, and/or the value of the same in the sum of $13,300.00; and b. Judgment in the sum of $12,735.38 with interest thereon at the rate of $4.98 per day from September 29, 2003. Respect fury submitted, THy~ REI~Y;P.C. / Tho sq u e Pa. I.D. #25 RETAIL INSTA.,L,,LNLENT CONTRACT ,, · Subieet to ihs terms lind conditions of this Contract (this "Agreement ), the uncle{signed buyer, meaning all buyers jointly and severaEy ("Buyer), having been offered both atime s~l¢ price and ct~h saic price, hereby purchases from cha undersigned sailer 0aerein, with its successors and a~si§ns, called"Sailer') the propcrg, described below, with all present and future attachment% aeexs.~oriea, rcplaccmem pai~, rgpalrs, additions or substitution, t~ferrcd to cogcctlvely 0~ "Equipment;' for the ?1mc Sale Price stated below. BUYER'S NAME, Mailin~-~ddre$-s (]nd~-(~ounty~ Zip Co ~-) -- SELLER'S NAME and Address (InCl. Zip Code) EAST COAST CUSTOM AUTO BODY INC. FORKLIFTS, INC. 2272 RITNER HIGHWAY 741 INDEPENDENCE AVENUE SHIPPENSBU~G, PA 17257 ~~]-~)~;~x~ MECHANICSBURG, Pa 17055 S.S.N, or Fed. Tax i.D. DESCRIPTION OF EQUIPblEN'T ONE NEW DAEWO0 MODEL G40S FORK TRUCK S/N: BI-00438 LOCATIO,9 OF EQUIPMENT: Buyer a§ree$ the Equipment will bo kept m th~ following IDeation (or, if left blank, at Bayer's address): ~¢nt will bt used primarily fo:: I-I business or commercial use other Oma farming operations; i'"q f~ing o~mtions DELIVERY DA~: The Equipment w~ &livemd ~ Buyer; O~r INSU~NCE COVE~GE LIABILITY INSU~NCE COVE~GE FOR BODILY INJURY AND PROPER~ DAMAGE CAUSED TO OTIIE~ IS NOT INCLUDED IN THI~ AcadEMES. P~SICAL DAMAGE INBU~NCE COV~RINO THE COLLATE~L IS REQUIRED; how=vet, Buyer h~ ~ option o f Mmlshing the required [D,~_B.~.zRr.,h~...qb__a. ne._d_.d h_~d,e.,g,!~Le, d.,c_qy, gr.a. gp_sJ~Fgqgh. .................................. Phone # ..... Ru),er hereby aelhorize$ Seller and any a~aignee to release ID any Insuraac: company afgllated with Seller or ~ny a~Jgnee =ny Information relating to a eontmcl or policy of insurance which Is providing or mn~ provide Insurance covcrsge n~lnst p~ysical damage to the Eqtdpment. CREDIT INSURANCE, ifinaludud, is not a factor in the approval of credit, is not required by th~ Seller and IS for thc term of the credit only. f~ Buyer d~sircs Credit Insurance: Premiun~ ~ Buy~ hereby ~ques~ ~d authorizes $¢ller to obtain Credit Insurance if z chcc~d above, to ~c ~Icnt the cost ~r~rls inclodcd In Item a(b)- BUYE~ Date 6. 7. 8. CASH SALE PRICE (Including any applicable tax) TOTAL DOWN PAYMENT (a+b) ................ e. Cash Down Payment ....................... Allowance for Trade-In ..................... Less Payoff To: ........................... b. Net Allowance for Trade.in .................. UNPAID BALANCE OF CASH SALE PRICE (1 minus OTHER CHARGES (a+b*c*d) ................... e. Phys[cai Damage b. Credit LJ;'U Insurance c, OffiCial Fees d. OIher PRINCIPAL BALANCE (3+4) .................... FINANCE CHARGE (TIME PRICE DIFFERENT~L) UNPAID TIME BALANCE ffor^~ OF TIME SALE PRICE (TIME PRICE)(1+4*6) ......... 3.-lz.~ 8 8 · O~ 0,00: 3.L; 8 .ocr 150.00 Z."i5o. oo. 3i:2:7.'38.00 7,6.35.80 3 .g.,..33 3.80 3.9.:.3.73.80 PAYMENTBCHEDULE BuyarpromiaestopayS~theTotalAmounlol 39,373.80 (the"TotalAmoun~ln DU _,lnata[lmentsasfollo~: or TWO ADVANCE PAYMENTS OF $656.23 EACH ON NOVEMBER 23, 1999, AND $656.23 ON DECEMBER 23, AND A LIKE SUM ON THE LIKE DATE OF EACH MONTH THEREAFTER UNTIL FULLY PAID. Provided, however, thai the final installment wJl] be in the amount of the Then remaining unpaid balance. Page 1 of 4 or Retail Installment Contraat between FORKLIFTS, INC.. thc following serial number: B I - 0 0 4 3 8 EAST COAST CUST0~ AH~PO ~v T,',TC'. (Buyer)and (SelI~r) which includes, without limitation, an item of Collateral with in Coi)~r~. 5, ~BATE AND pREPAYMENT ~E,U~n ptepaym~rin ?ullo~a~l=raliono~them~t~PAlDTIME~A~NCE{hem7),Buy~s~al)receive a ~e of~e uv~am~ W~tES, ~PRESg OR IM,PLIED, AS TO TH~ QUAL}~, WOR~AHSH~P, b~{ON. M~CHA~A~{L[TY, S~TABILiTY, OR F[~S OF THE 8, ~DDITIO~AL WA R~N~ES AND AO~E~NTS. ~uyer w~r~ ~d a~ ~ ~e=~ec~(ionot~dp~o~aa~by~runder~e~so~is~r~mtn~ ~[ m~ lo ~y such p~e~ ~My o ~e 0~r o~8ulEr fb~ apphcat~ ~ B~cr s ~bt~ to Se/l~r S~tler may, at i~ op~n, apply ~y s~ch ~c~s ~iwJ:~ FORKLIFTS, INC. tollowlng serial number. B I - 0 0 4 3 8 EAST COAST CUSTOM AUTO BODY ORIGINAL ?£,g,r. 3of~c,"R.-m!!!.-.:m!!me.:C~.!,'.,'~h.~. EAST COAST CUSTOM AUTO BODY INC. (Buyer)and. FORKLIFTS, INC'. · (Seller) which includes, without lJraiul:io~l, an jienl of Collateral with the following serial number: B I - 0 0 4 3 8 ORIGINAL NOTICE TO BUYER - DO NOT SIGN THIS CONTRACT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THE AGREEMENT YOU SIGN. BuyerandS=l[erh~vecx=cutedthisContr=cton i 1/2~/99 ,~eConh-actDat¢. BuyeracknowIedg~sr¢ceiptofatrueandcomplct¢iyfilledincopyoi~ this Contract. Bayer(s) EAST COAST CUSTOM AUTO BODY INC. Seller. Bv By Title Tide F/~RKL~FTS, INC. VICE PRESIDENT FORKLIFTS, INC. the following serial number: B I - 0 0 4 3 8 EAST COAST CUSTOM AUTO BODY r~(~. (BUY:0and (Seller) which includes, without limitation, an item of Collateral with ORIGINAL PRE-AUTHORIZED PAYMENT PLAN Bank:__ PLEASE ATI'ACH A SPECIMEN CHECK MARKED Oi J Depositor Name: Authorized Sjgnato~' { GUARANTY CONTRACT NUMBER NOVEMBER 23, 1999 Dealer FORKLIFTS~ INC. D~t. 741 INDEP]~NDENCE AVENUE MECI-D, NICSBURG, PA 1705!5 /~sociates Commercial Corporation 8001 Rldgepoint Drive Irving. TeXas 75063-3117 Gentlemen: In order to induce either one or both el' you to enter Into a Conditional Sate Contract. Retail Installment Contract. Chattel MortgageorLe~se(Contrectlwith EA~T COAST CUSTOM AL~fO BODYr INC. the ~ui~t de~d~ ~ ~O~L DESCRIPTION SER~L NO. i ~ DA~ HOD~ Gd0S FO~IFT ~I-00438 and in ~stder~l~ of eEhet one or ~th of you entering Into su~ ~tr~, or acm~[ng eR assign~nt of s~h ~ntra~ the un~mign~ ab~l~ely a~ un~itionally guar~t~s t~ full and p~]pl p~nt et nliy nnd ovo~ Indo~n0~, a~ ex~s Df ~ll~l~ jncurr~ by either one or ~th o[ you Jn ~n~lion Iho~l(h, In tho event of default In et any ~nt d~ ~em~er or In ~do~n~ of any r~u[m~t ther~f et any ti~ ~ BUrR under such Contr~, the u~ pr~ to ~y the ~ll ~unt of such I~e~n~, llabil~ ~ obllg~ion fo~hw[th end W~ pH~ ~ ~r~ shafi e~e~ to a~ the un~lgn~ ~rms to pay to y~ any ~nta paid to y~ by or ~ ~hait of ~UYER u~ ~ ~tr~ ~i~ are r~r~ E~ ~u ~ [~ BU~ a tm~ ~ ~kr~, a ~[ve~ ~ any mher ~ ~u~ ~nts am ~ to ~ pmfer~ttal transfem, ~a~ulent ~ or othello, and whir ~,~ am ~e pumuant ~ ¢~ o~e~ ~ as a msuE of a c~p~, ~t or ~nt. N~ of s~ clal~ b ~ ~. a~ the d~sion to c~lse, s~e or rep~ such ~n~ shafi ~ m~e In y~r ~ a~ eb~l~e ~ ~li~ of ~e u~ers;gn~ shN; ~ absd~e a~ un~nditl~l I~es~ ~ ~ v~i~. r~ular~ or en~li~ of the ~6~ ~ I~;~ of the unders~n~ shall not ~ aff~ ~ any ~ ~i~, e~en;~ or ved~]~ ~ ~ ~ e~ ~, or ~ the di~ar~ or m~ase of ~e I~. liabi]~ or obl~gmton o[ BURR, or any ~ ~. ~ ~r~i~ of I~ or othe~. The unders~n~ ~ ~ ~ ~e or ~ of you ~, ~ i,--.~ ~ the un~rs~n~'s liabll~, salt or assign s~h ~ ~ ~ ~nta due the~r, or sari, mle~, ~. ~, ~e or exchange any and all pm~ h~d ~ e~er ~ ~ ~ ~ y~ as s~ur~ ~ the ~nt ~ ~ ~y i~e~n~s, liabfi~ or obiig~ion of BUY~ et ~ ~ ~ inter~t~. The u~emign~ ~y ~ ~ ~ ~y m~ to the un~rs~ for p~t of any ln~n~s, liabil~ ~ oM[gmion of ~R to ~ ~ of ~. ~ or not ~er o~ or ~ of y~ h~ ms~ to ~y ~ ~ring s~h In~ne~, ~ ~ ~ pr~ ~ainet any o~ pa~, ;ncludi~ B~ pd~ ~ ~arily liaD~e on su~ ind~ness, v~ ~ u~r~abfi~ of the lndebt~n~s, iiabili~ or obligat~ u~er the ~ntra~ o; a~y ~ion there,, w~ther by of B~ ~ ~ y~, present ~ fMure rulings a~lor d~isions under am/ ~. stye or f~eral I~s ~ rules er ~ ~ny c~ ~ ~m~ h~ expressly w~s ~e foi~g: (a) ~ of (and ~l~ge due ~ti~ oq ~a~ of (c) ~ of ~n~t a~ ~n~do~n~ ~d ~nt of i~ne~ ~t;nding ~ any ti~; (d) ~e Hght to r~e a~ ~ ~en ~ the ~g ~glnaliy ~uidng judsdi~ion; and (e) alt dil~en~ in ~J[~on ~minist~i~ er p~ion of ~ malE~ion u~ any In~s, I{abfi~ or oblige[on of t~ BUrR ~ a~ s~ur~ tot any of the for~lng, ]ncludl~ b~ ~ I~ to, all e~om a~ ~[~ions dir~Jy m ]ndir~y ~ri~able to you. ~h~ in any way li~ting ~e ~r~ing, u~n~ he~ waives ~y ~her ~ or ~ssion ~ ~u which .aNem the ~ of ~e ~sk to the ~ing ~hlng to the ~n~a~ in this GuaranN, the u~emlgn~ h~ Irm~bly wanes all rights t~ un~rsig~ ~ ~ ~ I~ ~ in ~u~ (Incl~ing, W~ li~on, any I~ sub~atl~ ~ u~er;~ to the rights of effher ~ of y~) to ~k ~bib~on, lad~lficmi~, or a~y mher ~m3 of m{~urM~nt fr~ Ihe BUY~, any ~r guar~tor, er ~y ~her ~m~ n~ or her~ffer p~madly ~ s~a~ly liable ~r any ~ns of the B~ER to either one or ~h of you, ~r any dlsbum~t ~ ~ t~ u~em[gn~ u~r or In ~n~fon w~ ~ls Gua~ or ~se. ~is ~ing Is I~end~ ~ ~e ~i~ ~ a final exp~ssi~ ol ~;s Ouaran~ and Is also (nten~ as a ~pl~e a~ exc;usNe ~nt ~ ~e ~ o[ ~e Guarani. No ~ur~ of dealing, c~ of ~ or trade us~e. and ~o ~1 ~e~ of any ~um shNI ~ us~ {o su~l~nt or ~i~ any te~ ~f n~ are ~em any ~ditions to the ~11 e~ne~ ~s Guar~. ~is ~r~nt shall, ~ lurer ~nsent of or ~ to the un.igC, p~ to, and ~y ~ rell~ u~ ~e u~n~ wa~ to you th~ the un~rsig~ h~ adequ~e ~ans to o~fn ~ t~ BUYE~ in a ~ntlnulng all n~ Info~i~ ~m[~ the ~ue financier ~ndE~on of B~ER and the u~ersign~ Is not retying ~ you to provide VINC~ SC~NO ~!PPENSB~G, PA 17257 VERIFICATION I, ~,~fa~ta~ /J,4n4~s , of CitiCapital Commercial Corporation, depose and say subject to the penalties of 18 Pa.C.S.A. §4904 relating to Unswom Falsification to Authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information and belief. CITICAPITAL COMMERCIAL CORPORATION SHERIFF'S RETURN - CASE NO: 2003-05937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITICAPTIAL COMMERCIAL CORP VS EAST COAST CUSTOM AUTO ET AL REGULAR DAVID MCKINNEY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE EAST COAST CUSTOM AUTO BODY INC DEFENDANT , at 1415:00 HOURS, at 519 SOUTH IqAiqOVER STREET CARLISLE, PA 17013 VINCENT SCALAVINO, OWNER a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of November , __ together with by handing to 2003 and at the same time directing His attention to the contents thereof. Sheriff's costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this 7~ day of ~_~o~ ~ A.D. ~r o~t~o n~oo t~a-r~y,~ So Answers: R. Thomas Kline 11/17/2003 THOMAS E REILLY Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-05937 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITICAPTIAL COMMERCIAL CORP VS EAST COAST CUSTOM AUTO ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon SCALAVINO VINCENT DEFENDANT , at 1415:00 HOURS, at 519 SOUTH HANOVER STREET CARLISLE, PA 17013 VINCENT SCALAVINO a the on the 14th day of November by handing to true and attested copy of COMPLAINT & NOTICE together with lawI 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /OR day of ~ ~ A.D. thonotary So Answers: R. Thomas Kline li/i7/2003 THOMAS E REILLY By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, Defendants. CIVIL DIVISION Case No. 03-5937 PRAECIPE TO ENTER JUDGMENT BY DEFAULT Filed on Behalf of: Plaintiff Counsel of Record for This Party: Thomas E. Reilly, Esquire Pa. I.D. #25832 THOMAS E. REILLY, P.C. Firm I.D. #511 2025 Greentree Road Pittsburgh, PA 15220 (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION ffk/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, CIVIL DIVISION Case No. 03-5937 Defendants. PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: PROTHONOTARY Kindly enter judgment by default against the named Defendants, East Coast Custom Auto Body, Inc. and Vincent Scalavino, for failure to file an Answer, in the sum as follows: Entry of judgment for possession in favor of Plaintiff and against the defendant, East Coast Custom Auto Body, Inc. and Vincent Scalavino for possession of one (1) 1999 Daewood Model G40S Forklift, Serial No. BI-004378, and/or the value of the same in the sum of $13,300.00; and Judgment in the sum of $13,133.78 with interest thereon at the rate of $4.98 per day from December 19, 2003. I hereby certify that appropriate Notice of Default, as attached has been mailed in accordance with PA R.C.P. 237.1 on the date indicated on the Notice. / THOMAS ,1~. P/EILLY, P.C. BY:Thomas E. RpiJffy, Esquire 2025 Greenfree Road Pittsburgh, PA 15220 (412) 341-1600 Attorneys for Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS, EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, ) CIVIL DIVISION ) ) CaseNo. 03-5937 ) ) ) ) ) ) ) Defendants. AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATION OF MAILING OF NOTICE PURSUANT TO PA.R.Civ. P. 237(a)(2) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY ) ) SS2 ) Before me, the undersigned, a Notary Public in and for the aforesaid County and State, personally appeared Thomas E. Reilly, Esquire, who having been duly sworn according to law deposes and says that to the best of his information and belief the Defendant is not in the military service of the United States of America and further, he hereby certifies that Notices required by Pa.R.C.P.237.1 (a)(2) were mailed to the Defendant as required by said Rule, more than ten days prior to t~ of the Praecipe to Enter Judgment by Default, as evidenced by the copies 77d here% Thorn~as E.~Reill~y ' ~ tShjW~t°_n&~dy ;tfb s~b.e f°re ,~; dC). Notary Public [ Notarial Seal Bernice S. Smith, Nota~ Public Dormont Boro, Allegheny County My Commission Expires July 12. 2005 Membo¢, Pennsylvar,}a Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, 1NC. AND VINCENT SCALAVINO, ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION No. 03-5937 Defendants. TO: Vincent Scalavino 519 South Hanover Street Carlisle, PA 1701~ i o ,~ DATE OF NOTICE: ..t O011tt~lOk-Y~__ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION BY:~~~fa2d0 (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. AND VINCENT SCALAVINO, CIVIL DIVISION No. 03-5937 Defendants. TO: East Coast Custom Auto Body 519 South Hanover Street Carlisle, PA 170,1,3 DATE OF NOTICE: 5[ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 .~// By: Thomas E. Rei~ 2025 Greentr~'e Road Pittsburgh, I~A 15220 (412) 341-1600 U.S. POSTAL SERVICE CERTIFICATE OF MAJLJN ~ C:) ~ Onepie. ofo~ina~mailedd~.~to: .'' ~:.~ ~ ~ ~ I U.S. POSTAL SERVICE CERTIFICATE N~AY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSU~NCE-~ST~STER Received From: PS Fo~ 3817, Janua~ 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, CIVIL DIVISION Case No. 03-5937 Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Vincent Scalavino 519 South Hanover Street Carlisle, PA 17013 (X) Defendant YOU ARE HEREBY notified that an Order, Decree or Judgment was entered in the above-captioned proceeding on __, 2003 for your failure to file an Answer, in the following sum: Entry of judgment for possession in favor of Plaintiff and against the defendant, East Coast Custom Auto Body, Inc. and Vincent Scalavino for possession of one (1) 1999 Daewood Model G40S Forklift, Serial No. 131-004378, and/or the value of the same in the sum of $13,300.00; and Judgment in the sum of $13,133.78 with interest thereon at the rate of $4.98 per day from December 19, 2003. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION Case No. 03-5937 Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: East Coast Custom Auto Body 519 South Hanover Street Carlisle, PA 17013 (X) Defendant YOU ARE HEREBY notified that an Order,'Decree or Judgment was entered in the above-captioned proceeding on ,,)~.a '~ ~C ,200~for your failure to file an Answer, in the following sum: Entry of judgment for possession in favor of Plaintiff and against the defendant, East Coast Custom Auto Body, Inc. and Vincent Scalavino for possession of one (1) 1999 Daewood Model G40S Forklift, Serial No. BI-004378, and/or the value of the same in the sum of $13,300.00; and Judgment in the sum of $13,133.78 with interest thereon at the rate of $4.98 per day from December 19, 2003. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITICAPITAL COMMERCIAL CORPORATION F/K/A ASSOCIATES COMMERCIAL CORPORATION Plaintiff VS. EAST COAST CUSTOM AUTO BODY, INC. AND VINCENT SCALAVINO Defendants No. 03-5937 PRAECIPE FOR WRIT OF POSSESSION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Thomas E. Reilly, Esquire PA I.D. #25832 Firm I.D. #511 2025 Greentree Road Pittsburgh, PA 15220 (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITICAPITAL COMMERCIAL CORPORATION F/K/A ASSOCIATES COMMERCIAL CORPORATION Plaintiff No. 03-5937 VS. EAST COAST CUSTOM AUTO BODY, INC. AND VINCENT SCALAVINO Defendants PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: Kindly issue a Writ of Possession in the above matter directed to the Sheriff of Cumberland County, PA. G40S Forklift, Serial Number B 1-004378. To deliver possession of the vehicle more particularly identified as a 1999 Daewood Model THOMAS E. REI~LLY, P.C. BY: /~/~]/k ~,.~.~_~/ Thomas E. Reilly, Esquire / Pa. I.D. #25832 / 2025 Greentree Road ~ Pittsburgh, PA 15220 / (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, 1NC. and VINCENT SCALAVINO, Defendants. ) ) ) ) ) ) CIVIL DIVISION Case No. 03-5937 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) MOTION TO REQUIRE A DESIGNATED REPRESENTATIVE OF EAST COAST CUSTOM AUTO BODY, INC. TO APPEAR AND DELIVER POSSESSION OF THE 1999 DAEWOO G40S FORKLIFT TO THE SHERIFF Filed on Behalf of: Plaintiff Counsel of Record for This Party: Thomas E. Reilly, Esquire Pa. I.D. #25832 THOMAS E. REILLY, P.C. Firm I.D. #511 2025 Greentree Road Pittsburgh, PA 15220 (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k]a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and V1NCENT SCALAVINO, ) ) ) ) ) CIVIL DIVISION Case No. 03-5937 ) ) ) ) ) Defendants. MOTION TO REQUIRE A DESIGNATED REPRESENTATIVE OF EAST COAST CUSTOM AUTO BODY~ INC. TO APPEAR AND DELIVER POSSESSION OF THE 1999 DAEWOO G40S FORKLIFT TO THE SHERIFF AND NOW comes Plaintiff, by and through its attorneys, and presents the following Motion and avers as follows: 1. CitiCapital Commercial Corporation f/k/a Associates Commercial Corporation is a Plaintiff and judgment creditor in the abow~ action, having obtained a Judgment for possession of one 1999 Daewoo, Model G40S Forklift, Serial Number B 1- 004378, against East Coast Custom Auto Body, Inc. 2. On January 15, 2004, the Prothonotary of Cumberland County issued a Writ of Possession directed to the Sheriff of Cumberland County to obtain and seize possession of the forklift. 3. Plaintiff and the Sheriff have not been able to locate the whereabouts of the forklift, which is the subject matter of the replevin action. 4. Pa.R.C.P. 1081 permits the Court to enter an Order directing the Defendant to appear and testify as to the whereabouts of the property, which is the subject of the replevin action, and to order the Defendant to deliver the same to the possession of the Sheriff. 5. To the best of the knowledge of CitiCapital Commercial Corporation, Vincent Scalavino was the president and sole shareholder of the Defendant and the person most likely to have information regarding the whereabouts of the aforesaid forklift. 6. The Judgment for possession against Vincent Scalavino was avoided by Order of the Bankruptcy Court for the Middle District of Pennsylvania at Case No. 1-03- 07227. 7. Plaintiff is not seeking to enforce the Judgment for possession against Vincent Scalavino, but to have Vincent Scalavino, as a designated representative of the Defendant Corporation, appear and testify as to the whereabouts of the property. WHEREFORE, CitiCapital Commercial Corporation, respectfully requests that this Court enter an Order directing that Vincent Scalavino, as a designated representative of East Coast Custom Auto Body, Inc., appear before the Court to testify as to the whereabouts of the 1999 Daewoo, Model G40S, Forklift, Serial Number B 1-004378, and to deliver the same to the Sheriff pursuant to the Writ of PossesTn issued in this matter. THOMAS E..J~e/I~LY, P.C. Thomas E. Reilly, l~sc~tr~ J Pa. I.D. #25832 / 2025 Greentree Road × Pittsburgh, PA. 15220' (412) 341-1600 /~ CERTIFICATE OF SERVICE I, Thomas E. Reilly, Esquire, hereby certify that a true and correct copy of the Motion to Require a Designated Representative of East Coas~I Custom Auto Body, Inc. to appear and Deliver Possession of the 1999 Daewoo G40S Forklift to the Sheriff was served first-class mail, postage pm-paid on the ~ ~ day of October, 20? al to the following: William C. Cramer, Esquire 14 North Main Street, Suite 414 Chambersburg, PA 17201 East Coast Custom Auto Body, Inc. 519 South Hanover Street / Carlisle, PA 17013 ,/~ ~ Attn: Vincent Scalavino, President ~,' / Thoma~squ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, 1NC. and VINCENT SCALAVINO, CIVIL DIVISION Case No. 03-5937 Defendants. AND NOW, to-wit, this ORDER OF COURT 2004, upon the Motion of CitiCapital Commercial Corporation, it appearing to the Court that the Plaintiff has obtained a Judgment against East Coast Custom Auto Body, Inc. for possession of one 1999 Daewoo, Model G40S, Forklift, Serial Number B1-004378, and that a Praecipe for Writ of Possession has been issued, but the Sheriff, nor Plaintiff, have been unable to locate the aforesaid forklift, and further it appearing to the Court that Vincent Scalavino is the sole shareholder and officer of the Defendant Corporation, therefore Plaintiff has the right to have that individual appear before the Court to testify as the designated representative of the Corporation as to the whereabouts of the property, which is the subject of this replevin action, it is hereby ORDERED, ADJUDGED and DECREED that Vincent Scalavino, as designated representative of the Defendant, East Coast Custom Auto Body, Inc., shall appear before this Court on the .~t'~r"~ day of--~a-~., 2004, at_ ~j~...'~A, ltl[,.._ ,$~'~' Courtroom No. ~ , to testify as to the whereabouts of the 1999 Daewoo Forklift, which is the subject matter of this replevin action or, in lieu thereof, to deliver possession of the same to the Sheriff of Cumberland County pursuant to the afore issued Writ of Possession. CITICAPITAL COMMERCIAL CORPORA TlON f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff EAST COAST CUSTOM A UTO BODY, INC. and VINCENT SCALA VINO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LA W NO. ~1~-5~r _ TO: PROTHONOTARY PRAECIPE TO ENTER APPEARANCE Dated: Please kindly enter the appearance of Bruce J. Warshawsky, Esquire and the Law Firm of Cunningham and Chernicoff, P.C., on behalf of Citicapital Commercial Corporation f/lo/a Associates Commercial Corporation in the above referenced action. P.c. YBrug~'~ I~arshawsky, Esq~ PA Supreme Court ID# 58799 CUNNINGHAM & CHERNICOFF, P.C. 2320 N. Second. St. Harrisburg, PA 17110 Mailing Address: P.O. Box 60457 Harrisburg, PA 17106-045 7 (71 Z) 238-8187 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chemicoff, P.C., do hereby certify that a tree and correct copy of the Praecipe to Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Thomas E. Reilly, Esquire 2025 Greentree Road Pittsburgh, PA 15220 Williams C. Cramer, Esquire 14 North Main Street Suite 414 Chambersburg, PA 17201 Vincent Scalavino, President East Coast Custom Auto Body, Inc. 519 South Hanover Street Carlisle, PA 17013 Date: CUN~INISHAM & CHERN[COFF, P.C. Julieanne Ametrano 2320 North Second Street P.O. Box 60.457 Harrisburg, PA 17110 (717)238-65'70 F:IHOME1BJI~4DOC~CITIC.41~PI~F-~dPP. wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, Defendants. CIVIL DIVISION Case No. 03-5937 AFFH)AVIT OF SERVICE OF ORDER OF COURT Filed on Behalf of: Plaintiff Counsel of Record for This Party: Thomas E. Reilly, Esquire Pa. I.D. #25832 THOMAS E. REILLY, P.C. Firm I.D. #511 2025 Greentree Road Pittsburgh, PA 15220 (412) 341-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff, VS. EAST COAST CUSTOM AUTO BODY, INC. and VINCENT SCALAVINO, CIVIL DIVISION Case No. 03-5937 Defendants. AFFIDAVIT OF SERVICE OF ORDER OF COURT Commonwealth of Pennsylvania County of Allegheny County ) ) SS: ) Before me the undersigned authority and Notary Public in and for the aforesaid County and State personally appeared Thomas E. Reilly, who, being duly sworn according to law, deposes and says he is an adult individual over the age of eighteen years .and that he faxed a true and correct copy of the Order of Court dated October 22, 2004 in the above-captioned case to William Cramer, Esquire at (717) 264-0554 on October 27, 2004, evidence of same is attached hereto. Sworn to me and Subscribed this Noti~ry Public OOMMONWEALTH OF PENNSYLVANIA } Jam~ N. Member, Pennaylvania Ass~latlon MODE = MEMORY TRANSMISSION FILE NO. -¢=J[~ STN NO. 60~1. ABBR NO. START=OCT-27 17:11 END=OCT-2? 17:12 STATION NAME/TEL NO. PAGES D~RATION 001 OK m 171?2640554 004/004 00: 00:52 -THOMAS E REILLY P.C. - - ~z*~ - 412 341 9996- THOMAS E. REILLY, P.C. Attorneys-At-Law 2025 Greentree Road Pittsburgh, PA 15220 Telephone (412) 341-1600 Facsimile (412) 341-9996 FACSIMILE INFORMATION SHEET TO: FROM: DATE: RE: FAX NUMBER: (717) 264-0554 NUMBER OF PAGES (INCLUDING COVER) MESSAGE TO RI~CIPIENT: Please see attached. William Clamer, Esquire Thomas E. R¢illy, Esq. October 27, 2004 East Coast Custom Auto Body *Confidentiality Statement** This message is int~'rtded only for the use of;he addressee and ri'say contain information that is privilcgcd and confidential. If you are not thc int~uded recipient, you are hereby requested to not disseminate this communication and destroy it. Ir you have received this communication in ~rror, please notify us iraraediat¢ly by telephone: at the number shown above. Thank you. THOMAS E. REILLY, P.C. Attorneys-At-Law 2025 Greentree Road Pittsburgh, PA 15220 Telephone (412) 341-1600 Facsimile (412) 341-9996 FACSIMILE INFORMATION SHEET TO: FROM: DATE: RE: FAX NUMBER: NUMBER OF PAGES (INCLUDING COVER) MESSAGE TO RECIPIENT: Please see attached. William Cramer, Esquire Thomas E. Reilly, Esq. October 27, 2004 East Coast Custom Auto Body (717) 264-0554 *Confidentiality Statement**: This message is intended only for the use of the addressee and may contain information that is privileged and confidential. If you are not the intended recipient, you are hereby requested to not disseminate this communication and destroy it. If you have received this communication in error, please notify us immediately by telephone at the number shown above. Thank you. THOMAS E. REILLY, P.C. Attorneys-At-Law October 27, 2004 Via Facsimile William C. Cramer, Esquire 14 North Main Street, Suite 414 Chambersburg, PA 17201 RE: CitiCapital/Vincent P. Scalavino and East Coast Custom Auto Body Dear Mr. Cramer: Herewith please find an Order of Court entered October 22, 2004 requiring Vincent Scalavino to appear before the Court on November l, 2004 in the above- referenced matter. / Please contact me as soon as possible to discuss. / Veldt/tm/yours,// Thomas E. ~j,l'ry TER/jnm Enclosure 2025 Greentree Road * Pittsburgh, Pennsylvania 15220 * (412) 341-1600 * Fax (412) 341-9996 CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff EAST COAST CUSTOM AUTO BODY, INC., and VINCENT SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5937 CIVIL TERM ORDER OF COURT AND NOW, this 1st day of November, 2004, it appears that the representative of the Defendant, Mr. Scalavino, may be required to give answers that may incriminate him criminally, and he may wish to take advantage of his rights under the Fifth Amendment, this deposition shall be continued. It will be rescheduled at a time and place set by the Plaintiff. Mr. Scalavino is directed to appear at that time and place unless he receives permission from this Court not to do so. By the Edward E. Guido, J. Bruce J. Warshawsky, Esquire For the Plaintiff Vincent Scalavino c/o William C. Cramer, Esquire 14 North Main Street - Suite 414 Chambersburg, PA 17201 srs CITICAPITAL COMMERCIAL CORPORATION f/k/a ASSOCIATES COMMERCIAL CORPORATION, Plaintiff EAST COAST CUSTOM AUTO BODY, INC., and VINCENT SCALAVINO, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5937 CIVIL TERM TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE EDWARD E. GUIDO, J. Cumberland County Courthouse, Carlisle, Pennsylvania On Monday, November 1, 2004, in Courtroom No. 5 APPEARANCES: BRUCE J. WARSHAWSKY, Esquire For the Plaintiff 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: This is the time and place set for the deposition of a representative from East Coast Custom Auto Body. MR. WARSHAWSKY: That's correct, Your Honor. THE COURT: Are you ready to proceed? MR. WARSHAWSKY: Yes, Your Honor. Bruce I'm local counsel for Plaintiff, appearing for Warshawsky. Citicapital. THE COURT: And you are? MR. SCALAVINO: I am Vincent Scalavino. have an attorney, but he wasn't able to be present today. THE COURT: Coast Custom Auto Body? MR. SCALAVINO: business at this point. THE COURT: You're ready to submit to questioning? MR. SCALAVINO: Yes. THE COURT: Okay. Come on up here. VINCENT P. SCALAViNO having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. WARSHAWSKY: Q A And you are president of East I was. It's no longer in Please state your full name for the record. I'm Vincent Paul Scalavino. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What is your connection with East Coast Custom Auto Body, Inc.? A It's a company I used to run, but it's no longer in business. I was the president of the corporation. Q When did the company go out of business? A Well, it's been in bankruptcy, but it's been closed since September of '03. Q East Coast Custom Auto Body, Inc., has been in bankruptcy, or have you been in bankruptcy personally? A It's a combination of my company and myself and my wife personally. MR. WARSHAWSKY: Your Honor, we're not aware of any bankruptcy proceedings on behalf of East Coast. THE COURT: Mr. Warshawsky, the motion is very limited. Your questions are to be directed at where the particular forklift is. That's all we're here for. MR. WARSHAWSKY: Thank you. BY MR. WARSHAWSKY: Q In your capacity as president of East Coast Custom Auto Body, Inc., Mr. Scalavino, did the company lease a 1999 Daewoo, Model G40S Forklift, Serial Number B1-004378, from Associates Commercial Corporation? A Yes. Q When did that lease go into place? THE COURT: Don't need to know any of that. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ail we need to know is where the forklift is. BY MR. WARSHAWSKY: Q Are you familiar about where the whereabouts of that forklift is at this moment? A We sold the piece of equipment, and I don't know exactly the whereabouts that it is right now. Q To whom was it sold? A An individual came and bought it with other assorted pieces of equipment. Even though that was a leased piece of property, I had two other pieces of equipment that I had paid for. One was owned and one was leased. I kept making payments on that forklift even after it was sold, because I wanted to honor my obligation with the lease. But then my company went into bankruptcy, and I wasn't able to keep the payments up. Q Do you know to whom it was sold? A It was sold to -- THE COURT: I should probably advise you of your rights under the Fifth Amendment of the United States Constitution that you do not have to answer questions that might incriminate you in criminal matters. The theft of leased property could very well lead to criminal prosecution. You would be entitled to counsel to represent you before this deposition goes any further and to advise you in those regards. Have you discussed this matter with your counsel? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 today. THE WITNESS: THE COURT: with your counsel previously? THE WITNESS: THE COURT: Mr. Warshawsky. He wasn't able to make it Have you discussed this matter To a limited point. I have some concerns there, MR. WARSHAWSKY: Perhaps it would be important to know when it was sold, if it was sold prior to the issuance of the writ of seizure or whether it was sold after. THE COURT: If it was leased property, it wouldn't make much difference at all. If you wish, I can appoint a public defender to represent you if you qualify. Otherwise, I would suggest that you seek counsel, or you could proceed today if you wish. THE WITNESS: Can we reschedule when my bankruptcy attorney is here? THE COURT: When would that be? Why do you need me to take this deposition? Why can I not just order him to appear for a deposition at your offices? MR. WARSHAWSKY: Your Honor, I don't see any reason why that wouldn't work under the rules. We don't need to do this in front of Your Honor. THE COURT: I didn't think so. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. WARSHAWSKY: I apologize, but I only got involved late Friday afternoon when the Order was already signed. THE COURT: But if he has sold property that was leased, that property didn't belong to him. MR. WARSHAWSKY: Right. THE COURT: And it could be a violation of the Criminal Code. Therefore, I think he should have counsel to advise him whether or not -- MR. WARSHAWSKY: I believe he has already stated on the record he's not aware of the forklift's current whereabouts. But there are additional issues that we would want to explore, such as to whom it was sold and when it was sold, that would be helpful in terms of finding the forklift. THE COURT: Correct. Okay. MR. WARSHAWSKY: My only concern, Your Honor, is that when we take the deposition, if he does assert his Fifth Amendment rights, that we're back in front of Your Honor again to determine whether he can be compelled to give the information. THE COURT: You can let me know the time and the place of the deposition, and I will be available for a telephone conference. MR. WARSHAWSKY: We can coordinate it with your office, Your Honor. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: Ail right. That's fine. We'll enter the following Order: "AND NOW, this 1st day of November, 2004, it appears that the representative of the Defendant, Mr. Scalavino, may be required to give answers that may incriminate him criminally, and he may wish to take advantage of his rights under the Fifth Amendment, this deposition shall be continued. It will be rescheduled at a time and place set by the Plaintiff. Mr. Scalavino is directed to appear at that time and place unless he receives permission from this Court not to do so." In other words, they'll tell you when and where it's going to be. You've got to be there unless you file a petition with me saying that that's not convenient or whatever. MR. WARSHAWSKY: Your Honor, must the deposition be held in Cumberland County? We can certainly make arrangements to do so if Your Honor orders that. THE COURT: Well, you can do it at his lawyer's office or you can do it at your office if agreed upon. If it's not otherwise agreed upon, then it's got to be here in Cumberland County. MR. WARSHAWSKY: Thank you. THE COURT: Ail right. Good enough. (The proceeding was concluded.) CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Susan Rice Stoner Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Edward E. Guido, J.