The URL can be used to link to this page

Home My WebLink About08-3519BAZELON LESS & FELDMAN, P.C. By: Jeffrey A. Less Attorney I.D. No. 03576 By: Paul B. Bech Attorney I.D. No. 59850 By: Matthew R. Skolnik Attorney I.D. No. 89423 1515 Market Street - Suite 700 Philadelphia, PA 19102-1907 Phone: 215-568-1155 Fax: 215-568-9319 Counsel for Plaintiff Indemnity Insurance Company of North America INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION vs. MOTORCYCLE SERVICES, LLC, MICHAEL I. MANDELL, INC., and MICHAEL MANDELL, No. DS - 3519 6vi t`[e, Defendants. PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendants in the amount of $464,029.68, in accordance with the attached certified copy of the docket entries and the certification of the amount of judgment in Civil Action No. 07-2009 (E.D. Pa.) of the United States District Court for the Eastern District of Pennsylvania, and index the judgment against the Defendants. BAZELON LESS & FELDMAN, P.C. By: AW Ao/'-t-? Matthew R. Skolnik (I.D. No. 89423) Counsel for Plaintiff Dated: May 21, 2008 w IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EMNITY INSURANCE COMPANY OF NORTH AMERICA, , --?tai?tiff, t'IVH?C?IflN V. No. 07-2009 SE. MOTORCYCLE SERVICES, LLC, ET AL., UG Defendants. 1 • ORDER AND NOW, this 9 day of August 2007, upon consideration of aintiff s Motion for Default Judgment (Doc. 6), it appearing to this Court that Defendants were served with process on June 1, 2007, and have inexcusably, knowingly, and willfully failed to appear, plead, or otherwise _-&-fend, and the default agaiinst said Defendantb-avin-1g, en entered -August-6, -2007,-IT IS HEREBY ORDERED and DECREED that the Motion is GRANTED. IT IS FURTHER ORDERED that judgment is hereby entered in favor of Plaintiff against Defendants follows: 1. The April 16, 2007 Arbitration Award ("Arbitration Award") is confirmed in its entirety. Yll(,?10 2. The Clerk is directed to enter judgment in the amount of $464,029.68 in favor of Plaintiff IINA and against Defendant Motorcycle Services, Inc., Defendant Michael I. Mandell, Inc., and Defendant Michael Mandell on the Arbitration Award in its entirety. BY THE COURT: (Z4" /5 Y"'? / Hon. Petrese B. Tucker, U.S.D.J. L C ?, A 1RUE COPY CERTIFIED TO FROM HE RECORD BATE: MAY 14 200 ATTEST DEPUTY G?cK chi STATES DISTRICT OWK &iiTNW 1%STXV OF PENNSYLVANIA "United. States District Court Eastern District of Pennsylvania Page 1 of 3 CLOSED, STANDARD United States District Court Eastern District of Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 2:07-cv-02009-PBT Internal Use Only INDEMNITY INSURANCE COMPANY OF NORTH Date Filed: 05/17/2007 AMERICA v. MOTORCYCLE SERVICES, LLC et al Date Terminated: 08/16/2007 Assigned to: HONORABLE PETRESE B. TUCKER Jury Demand: None Demand: $464,000 Nature of Suit: 190 Contract: Other Cause: 28:1332 Diversity-Breach of Contract Jurisdiction: Diversity Plaintiff INDEMNITY INSURANCE COMPANY OF NORTH AMERICA V. Defendant MOTORCYCLE SERVICES, LLC Defendant MICHAEL I. MANDELL, INC. Defendant MICHAEL MANDELL represented by PAUL B. BECH BAZELON LESS & FELDMAN PC 1515 MARKET ST STE 700 PHILADELPHIA, PA 19102 215-568-1155 Fax: 215-568-9319 Email: pbech@bazless.com LEAD ATTORNEY ATTORNEY TO BE NOTICED A rM COPY WYED1T4O FR2 OM 008THE RECORD DATE: -..._.__.- ATTEST: __J?_L_T w DEPUTY WEEK, 11 W STATES DISTRICT WJRr EAIZTEM VSTWrt OF t' NNSYLVWA Date Filed # Docket Text 05/17/2007 1 PETITION TO CONFIRM ARBITRATION AWARD against all defendants (Filing fee $350 receipt number 93 9418.), filed by INDEMNITY INSURANCE COMPANY OF NORTH AMERICA. (Attachments: #J. Civil Cover Sheet# 2. Case Mgmt.# 3 Designation Form)(ks, ) Modified on 5/17/2007 (ks, ). (Entered: 05/17/2007) 05/17/2007 (Court only) * * * Set/Clear Flags Set Flag Standard Case Management Track https://ecf.paed.circ3.dcn/cgi-bin/DktRpt.pl?479625971181145-L_567_0-1 5/14/2008 4Jnited States District Court Eastern District of Pennsylvania Page 2 of 3 (ks, ) (Entered: 05/17/2007) 05/17/2007 3 Summonses Issued as to MOTORCYCLE SERVICES, LLC, MICHAEL I. MANDELL, INC., MICHAEL MANDELL. Forwarded To: Counsel on 5/17/07 (ks, ) (Entered: 05/17/2007) 06/01/2007 2 AFFIDAVIT of Service by Ruth Ann Trenary re: served Summons and Petition upon Michael I. Mandell by personal service on 5/24/2007. (nda) (Entered: 06/04/2007) 06/01/2007 3 AFFIDAVIT of Service by John Savage re: served Summons and Petition upon Motorcycle Services, LLC by personal service on 5/29/2007 (nda) (Entered: 06/04/2007) 06/01/2007 4 AFFIDAVIT of Service by John Savage re: served Summons and Petition upon Michael I. Mandell, Inc. by personal service on 5/29/2007. (nda) (Entered: 06/04/2007) 07/11/2007 5 MOTION for Judgment By Default filed by INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.Memorandum of Law, Certificate of Service. (Attachments: # I. Memo of Law# 2 Text of Proposed Order Proposed Order)(BECH, PAUL) Modified on 7/12/2007 (af n, ). (FILED IN ERROR BY ATTORNEY, REFILED CORRECT DOCUMENT SEE PAPER #6) (Entered: 07/11/2007) 07/11/2007 6 MOTION for Judgment by Default filed by INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.Memorandum. (Attachments: # l Memo of Law# 2 Exhibit # 3 Text of Proposed Order)(BECH, PAUL) (Entered: 07/11/2007) 08/06/2007 7 Request for Default INDEMNITY INSURANCE COMPANY OF NORTH AMERICA against MOTORCYCLE SERVICES, LLC, MICHAEL I. MANDELL, INC., MICHAEL MANDELL, Affidavit, Certificate of Service. (BECH, PAUL) Modified on 8/7/2007 (nd). (Entered: 08/06/2007) 08/06/2007 DEFAULT BY MOTORCYCLE SERVICES, LLC, MICHAEL I. MANDELL, INC. and MICHAEL MANDELL FOR FAILURE TO APPEAR, PLEAD OR OTHERWISE DEFEND. (nda) (Entered: 08/07/2007) 08/06/2007 Default Entered (nda) (Entered: 08/07/2007) 08/07/2007 8 Disclosure Statement Form pursuant to FRCP 7.1 including ACE Limited by INDEMNITY INSURANCE COMPANY OF NORTH AMERICA.(BECH, PAUL) (Entered: 08/07/2007) 08/16/2007 9. ORDER THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT IS GRANTED AND JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF, INDEMNITY INSURANCE COMPANY OF NORTH AMERICA AND AGAINST, MICHAEL I. MANDELL, INC., MOTORCYCLE SERVICES, LLC. AND MICHAEL MANDELL IN THE AMOUNT OF $464,029.68, ETC. SIGNED BY JUDGE PETRESE B. TUCKER ON 08/9/2007. 08/16/2007 ENTERED AND COPIES MAILED AND E-MAILED.(nda) (Entered: 08/16/2007) https://ecf.paed.circ3.dcn/cgi-binA)ktRpt.pl?479625971181145-L_567_0-1 5/14/2008 • "United States District Court Eastern District of Pennsylvania 08/16/2007 1 I (Court only) ***Civil Case Terminated. (sf, ) (Entered: 08/20/2007) Page 3 of 3 httns://ecf.naed.circ3.dcn/cp,i-bin/DktRpt.pl?479625971181145-L_567_0-1 5/14/2008 . r CERTIFICATION I hereby certify that the judgment initially entered in the United States District Court for the Eastern District of Pennsylvania is in the amount of $464,029.68, as reflected on the certified copy of the docket entries of the United States District Court for the Eastern District of Pennsylvania, in Civil Action No. 07-2009, attached hereto and made a part hereof. BAZELON LESS & FELDMAN, P.C. By: Aell? Jeffrey A. Less (I.D. No. 03576) Paul B. Bech (I.D. No. 59850) Matthew R. Skolnik (I.D. No. 89423) 1515 Market Street - Suite 700 Philadelphia, PA 19102-1907 (215) 568-1155 Counsel for Plaintiff Indemnity Insurance Company of North America Dated: May 21, 2008 N -Ti a cn IN THE COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, vs. MOTORCYCLE SERVICES, LLC, MICHAEL I. MANDELL, INC. and MICHAEL MANDELL, Defendants, VS. KEMPER CASUALTY INSURANCE COMPANY Garnishee. CIVIL ACTION No. -OIL- PRAECIIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Kindly ISSUE a Writ of Execution in the above matter, Directed to the Sheriff of Cumberland County; (1) against MOTORCYCLE SERVICES, LLC 7 Hannalorie Way Woodbury, NY 11797 MICHAEL L MANDELL, INC. 7 Hannalorie Way Woodbury, NY 11797 and MICHAEL MANDELL, an individual 814 South Boulevard Tampa, FL 33606 (Money Judgment) 0,;,v i I Te'-W defendant(s) and ,.. 10 (2) against KEMPER CASUALTY INSURANCE COMPANY 5001 Louise Drive Mechanicsburg, PA 17055 garnishee(s ) (3) AMOUNT DUE $ 464.029.68 INTEREST from 12/28/2007 (Costs to be added) $ BAZELON LESS & FELDMAN, P.C. BY: I Jeffrey A.? Less, Esquire Paul B. Bech, Esquire Matthew R. Skolnik, Esquire ?8R?f23) 1515 Market Street, Suite 700 Philadelphia, PA 19102 (215) 568-1155 Dated: May 28, 2008 cc F o W g Go 0 0 Ca C ;ir 8 O g o ?-' c b s rp t7 x'` r... rN3 ca C- co 0 ~n ? r- Vol WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3519 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff (s) From MOTORCYCLE SERVICES, LLC, 7 Hannalorie Way, Woodbury, NY 11797 MICHAEL I. MANDELL, INC, 7 Hannalorie Way, Woodbury, NY 11797 MICHAEL MANDELL, 814 South Boulevard, Tampa, FL 33606 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: KEMPER CASUALTY INSURANCE COMPANY, 5001 Louise Drive, Mechanicsburg, PA 17055 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $464,029.68 Interest from 12/28/07 Atty's Comm % Atty Paid $56.00 Plaintiff Paid Date: 6/11/08 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs to be Added Agin s R. Lon ono ry By: Deputy REQUESTING PARTY: Name MATTHEW R. SKOLNIK, ESQUIRE Address: BAZELON LESS & FELDMAN, P.C. 1515 MARKET STREET, SUTIE 700 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-568-1155 Supreme Court ID No. 89423 SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03519 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY VS MOTORCYCLE SERVICES LLC ET AL And now SHAWN HARRISON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:09 Hours, on the 23rd day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MOTORCYCLE SERVICES LLC in the hands, possession, or control of the within named Garnishee KEMPER CASUALTY INSURANCE COMPANY N/K/A BROADSPIRE CLAIMS OFFICE 5001 LOUISE DR MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to ROB ALODE (MANAGER OF BROADSPIRE) , personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to His . Sheriff's Costs: So ans er Docketing .00 '00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 . 0 0 41,2 40 06/24/2008 Sworn and Subscribed to before me this day of By D pu Sheriff A.D s SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03519 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY VS MOTORCYCLE SERVICES LLC ET AL And now SHAWN HARRISON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:09 Hours, on the 23rd day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MANDELL MICHAEL I INC hands, possession, or control of the within named Garnishee KEMPER CASUALTY INSURANCE CO N/K/A BROADSPIRE CLAIMS OFFICE 5001 LOUISE DRIVE MECHANICSBURG, PA 17011 Cumberland County, Pennsylvania, by handing to ROB ALODE (MANAGER OF BROADSPIRE personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His in the true and made Sheriff's Costs: So answer Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .00 0 0 /a Y/o P 7?, 061/24/2008 Sworn and Subscribed to ., before me this day of By eput Sheri f A.D i ` SHERIFF'S RETURN - GARNISHEE CASE NO: 2008-03519 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND INDEMNITY INSURANCE COMPANY VS MOTORCYCLE SERVICES LLC ET AL And now SHAWN HARRISON ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0010:09 Hours, on the 23rd day of June , 2008, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , MANDELL MICHAEL in the hands, possession, or control of the within named Garnishee KEMPER CASUALTY INSURANCE CO N/K/A BROADSPIRE CLAIMS OFFICE 5001 LOUISE DRIVE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to ROB ALODE (MANAGER OF BROADSPIRE) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to His . true and made Sheriff's Costs: So answers: or Docketing .00 Service .00 Affidavit .00 R. Thomas Kline Surcharge .00 Sheriff of Cumberland County .0000 ? 6/°2r/o 06/24/2008 Sworn and Subscribed to before me this day of By Deputy Sheriff A.D i R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Advance Costs: 150.00 Poundage 2.19 Sheriff's Costs: 111.69 Advertising 38.31 Law Library .50 Prothonotary 2.00 Refunded to Atty on 1/20/09 Milage 10.00 Surcharge 50.00 Levy 20.00 Certified Mail So Answers; Post Pone Sale Garnishee 9.00 Bad Check R. Thomas Kline, Sheriff Postage Total 111.69 v/ JI 2 q 1 D 9 Op- ?-- By Claudia A. Br baker 0 -o w cn O ? .E d I I N(lf 8001 ba i 't . 11 1 1' CI A V A jo trz) -? L e G77kr ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3519 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Plaintiff (s) From MOTORCYCLE SERVICES, LLC, 7 Hannalorie Way, Woodbury, NY 11797 MICHAEL I. MANDELL, INC, 7 Hannalorie Way, Woodbury, NY 11797 MICHAEL MANDELL, 814 South Boulevard, Tampa, FL 33606 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: KEMPER CASUALTY INSURANCE COMPANY, 5001 Louise Drive, Mechanicsburg, PA 170M and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $464,029.68 L.L. $.50 Interest from 12/28/07 Atty's Comm % Atty Paid $56.00 Plaintiff Paid Due Prothy $2.00 Other Costs to be Added Date: 6/11/08 (Seal) A. zw.? C s R. Long, Prothonota By: - - Deputy REQUESTING PARTY: Name MATTHEW R. SKOLNIK, ESQUIRE Address: BAZELON LESS & FELDMAN, P.C. 1515 MARKET STREET, SUTIE 700 PHILADELPHIA, PA 19102 Attorney for: PLAINTIFF Telephone: 215-568-1155 Supreme Court ID No. 89423