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HomeMy WebLinkAbout08-3821IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW LEZZER HOLDINGS, INC., ) Plaintiff, ) vs. ) NO. D'8 - 38o't.l ALTIERI ENTERPRISES, INC., ) Defendant. ) PRAECIPE TO ENTER JUDGMENT PURSUANT TO PA. R.C.P. 3001 TO THE PROTHONOTARY: 1V i ( ~iE:r'M Please enter judgment against Altieri Enterprises, Inc. in the amount of $580,950.97 plus interest from the date of judgment and costs, in accordance with the attached certified copy of the docket entries and the certification of the amount of the judgment entered in the York County Court of Common Pleas, Civil Action No. 2008-NO-2374-30, and index the judgment against Defendant Altieri Enterprises, Inc. BABST, CALLAND, CLEMENTS & ZOMNIR, PC By: Eliza eth . (Betsy) Dupui ,Esquire ~ Attorney for Plaintiff 328 Innovation Boulevard, Suite 200 State College, PA 16803 (814) 867-8055 Attorney I.D. No. 80149 Date: . a3; aI10 ~' CERTIFICATION I hereby certify that the judgment initially entered in York County is in the amount of $580,950.97, plus interest from the date of judgment and costs, as reflected on the certified copy of the docket entries of York County, attached hereto and made a part hereof. BABST, CALLAND, CLEMENTS & ZOMNIR, PC By: Elizabeth . (Betsy) Dupui ,Esquire Attorney for Plaintiff 328 Innovation Boulevard, Suite 200 State College, PA 16803 (814) 867-8055 Attorney I.D. No. 80149 Date: ~1a310~ • ~, OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 LEZZER HOLDING INC Case No. 2008-NO-2374-30 Plaintiff Vs. ALTIERI ENTERPRISES INC Defendant To Whom It May Concern: I certify that judgment was entered in favor of LEZZER HOLDING INC and against ALTIERI ENTERPRISES INC on the 12TH day of MAY, 2008 in said case in the amount of $580,950.97. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 10TH day of JUNE, 2008. Prothonotary By Deputy YR 1N THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LEZZER HOLDINGS, INC., vs. NO. 2008- V ~ ~ `~~ ~ - N ALTIERI ENTERPRISES, INC., ) ~=- Defendant. ) ~ _ `_~' --~:.:. _.~ ~.~ __ , CONFESSION OF JUDGMENT . - - ~ ~ r ~' _~ Pursuant to the authority contained in the confession of judgment c~auseri~a the ~ - instrument, a copy of which is attached to the Complaint filed in this action, I appear ~or the Defendant ALTIERI ENTERPRISES, INC. and confess judgment in favor of the Plaintiff, Omega Bank, and against the Defendants as follows: Unpaid Principal on Note Interest through May 6, 2008 (per diem $114.14) Late Charges Attorney's Commission Judgment was entered as above Prothonotary Plaintiff, Total Amount $504,973.84 14,494.80 9,763.53 51,718.60 $580,950.97 BABST CALLAND CLEMENTS ZOMNIR PC By: _ Eliza eth A. Dupuis, sq re CE~FlED irom the records of the curt of Co mon Weal of York County, Pennsylvania this ay ~ Q ~ ~~ F~.mel;:, J. LB?, F;ott;onntary IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA, - CIVIL ACTION _ LEZZER HOLDINGS, INC., ) ' ~ .. '~~ yP . Plaintiff, ) ~ ~ -- NO. 2008- µ Vb f,_~ vs. ) ~ - ALTIERI ENTERPRISES, INC., ) Defendant. ) COMPLAINT FOR CONFESSION OF JUDGMENT AND NOW comes the Plaintiff, Lezzer Holdings, Inc., by and through its attorneys Babst Calland Clements Zomnir PC, to file the within Complaint pursuant to PA. R.C.P. 2951(b) for judgment by confession, averring as follows: 1, Plaintiff is Lezzer Holdings, Inc., (hereinafter referred to as "Plaintiff °° s lvania corporation, with offices at Schofield Street, Curwensville, Clearfield Lezzer ), a Penn y County, Pennsylvania. 2, Defendant is Altieri Enterprises, Inc., a Maryland corporation with offices at 90]7 Red Branch Road, Suite 201, Columbia, Maryland and a principal place of business in Penns lvania, registered as a foreign entity, situated at 1700 Westgate Drive, York, Pennsylvania. Y 3. On or about December 31, 2007, Defendant executed a Promissory Note ("Note") in favor of Plaintiff Lezzer in the amount of $504,973.84. 4. Under the terms of the Note, Defendant agreed to repay the amounts due under ' Defendant failed to perform its obligations under the Note, Defendant would be the Note and if responsible for any amounts due to Plaintiff Lezzer under the Note, plus all interest, costs, expenses, r and attorney's fees. A true and correct copy of the Note is attached hereto as Exhibit "1" and incorporated herein by reference. 5. At the present time, Defendant is in default of the obligations under the Note by failing to make the required monthly payments for the months of January, February, March, April and May, 2008, and Defendant has failed to pay the amounts due despite repeated demands by Plaintiff Lezzer. 6. Under the terms of the Note, Plaintiff Lezzer provided notice of default to Defendant on Apri125, 2008, before proceeding with legal action although Defendant's corporate officers were previously aware of the continuing default of the obligations. A true and correct copy of the Notice of Default is attached hereto as Exhibit " 2" and incorporated herein by reference. 7. Pursuant to the terms of the Note, Plaintiff Lezzer is authorized to confess judgment in the event that Defendant defaults under the terms of the Note. 8. The attached instrument has not been assigned to any other entity. 9. Judgment has not been entered in any jurisdiction. 10. Judgment is not being entered by confession against a natural person in a consumer credit transaction. 11. As a consequence of the foregoing, Defendant is liable to Plaintiff Lezzer for the following damages: Unpaid Principal on Note $ 504,973.84 Interest through May 6, 2008 (per diem $114.14) 14,494.98 Late Charges 9,763.53 Attorney's Commission 51,718.60 Total Amount $580,950.97 4 AFFIDAVIT & ACKNOWLEDGEMENT STATE OF PENNSYLVANIA ~ COUNTY OF CENTRE ~ ROXELL, Controller, LEZZER HOLDINGS, INC•, swear or affirm and verify I, JOEL A. T nts made in the foregoing Complaint are true and correct to the best of my that the stateme rmation and belief. This Affidavit is made subject to the penalties of 18 Pa.C.S.A. knowledge, info Section 4904 pertaining to unsworn falsification to authorities. ' Joe . Troxell 'l; ~ 1 •3 Sworn to and subscribed to before me - ~ `.' -~- ~ ~•. this 0 g day of ~_ 2008. ., c ~~ csti cn Notary Public C FP NotatfalSeal public Cu~iMr ecro, C~°id _ 200 My Camn'a~s1°" ~~~ ~~~ ~~, PM,nsy~vania gssociaGon of Noleuies NOTE (Revolving Line-of-Credit) 5504,973.84 .'~C< 3 1 ~ j.OC `~?'~~ FOR VALUE RECEIVED AND INTENDING TO BE LEGALLY BOUND HEREBY, the Undersigned, Alfieri Enterprises Inc. a corporation, with its principal offices located at 9017 Read Branch Road, Suite 201, Columbia, MD 21045 (hereinafter called "Borrower"),hereby promises to pay to the order of: LEZZER HOLDINGS, INC., a Pennsylvania corporation, {hereinafter called "Lender"), or its assigns, in lawful money of the United States of America at its office at 332 Schofield Street, Curwensville, Pennsylvania 16833, or at a different place if required by Lender, the sum of 5504,973.84, plus interest thereon accruing from the date hereof to be payable as follows: (i) Pa, mats: (a) Borrower will make monthly payments of principal and interest, the interest race based upon Wall Street Journal prime rate plus 1%, said rate adjustable and determined before the close of business each month. First payment is due February 1, 2008. The 151 of each month will be the due date. (b) Borrower will make eight monthly payments of 565,090.17. {c) Borrower will make a final payment of interest and all outstanding principal on the maturity date, interest to be calculated at the rate as described in paragraph (a). Amortization Schedule attached. (ii) Maturity: 1'he entire outstanding balance of principal and interest shall be due on September 1, 2008 ("Maturity Date"}, if not sooner paid. (iii) Prenavment Fees: The Borrower may prepay the loan in part or in whole of without penalty at any time prior to maturity. Events of Default: Borrower will be in default if any of the following happens: (a) Borrower fails to make any payment when due, hereinafter referred to as a payment default. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower fails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender. (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or airy other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations ...EXHIBIT € 1 3 . under any and all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. (d) Any representation or statement made or furnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower becomes insolvent, a receiver is appointed for any part of Borrower's properly, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced tither by Borrower or against Borrower under any bankruptcy or insolvency laws. (f) Any creditor obtains a judgment or court order regarding any of the Borrower's property on or in which Lender has a lien or security interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the other events described in this default section occurs with respect to any guarantor of this Note. (h) A material adverse change occurs in Borrower's financial condition, or Lender reasonably believes the prospect of payment or performance of the Indebtedness is impaired. (i) Lender in good faith reasonably deems itself insecure. If default shall occur in the payment of any installment of the principal or of interest, on the indebtedness secured payable under the Note, the Mortgage or any other Loan Document, Borrower shall have ten (10) days to cure such default. Lender shall be required to give no further notice before exercising any of the rights or remedies contained herein. As to the occurrence of defaults other than payment defaults, Lender shall provide written notice to Bon: ower of the default and Borrower shall have thirty (30) days to cure such default before Lender may exercise any of the remedies contained herein. if Borrower cures such default within the thirty {30) day cure period, Lender will not exercise any of the remedies for such default as set forth herein. Late Fees: Borrower shall pay to Lender a late charge of five (5%) percent of any monthly payment not received by Lender within five (5) days after the payment is due. Securit "I1iis Note is secured by the following: Borrower hereby grants a security interest to Lender in any materials purchased by Borrower from Lender or Lender's subsidiaries or related entities all as more fully described in the Security Agreement executed contemporaneously. Acceleration: Should any default beyond any applicable grace period occur in the payment of any installment of interest and/or principal on the date on which the same shall fail due, or in the performance of any of the agreements, conditions, covenants, provisions or stipulations contained in any other loan document, by Borrower or any other party thereto, then Lender, at its option and within ten (10) days written notice addressed to Borrower, may declare immediately due and payable the entire unpaid balance of principal and all other sums due by Borrower hereunder or under the other loan documents, together with interest accrued thereon at the then otherwise applicable rate specified herein to the date of default. Payment thereof may be enforced and recovered in whole or in part at any time by one or more of the remedies provided to Lender in this Note or in the other Loan Documents. If Lender employs counsel to enforce this Notc by suit or otherwise, Borrower will reimburse Lender for all costs of suit and other expenses including reasonable attorneys' fees in connection therewith, whether or not suit is actually instituted, together 2 with interest on any judgment obtained by Lender at a rate which shall be the rate under this Note, including interest at the Loan date from and after the then-existing date of execution, judicial or foreclosure sale until actual payment is made to Lender of the full amount due hereunder. Confession of Juds~ment: EACH BORROWER HEREBY EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD, AFTER THE OCCURRENCE OF ANY EVENT OF DEFAULT SPECIFIED IN THE LOAN AGREEMENT AND THE FAILURE OF THE BORROWER TO CURE SUCH EVENT OF DEFAULT DURING THE APPLICABLE CURE PERIOD, IF ANY, SPECIFIED IN THE LOAN AGREEMENT, TO APPEAR FOR EACH BORROWER AND, WITH OR WITHOUT COMPLAINT FILED, CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, AGAINST EACH BORROWER IN FAVOR OF THE LENI?ER OR ANY HOLDER HEREOF FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE, ALL ACCRUED INTEREST AND ALL OTHER AMOUNTS DUE HEREUNDER, TOGETHER WITH THE COSTS OF SUIT AND AN ATTORNEY'S COMMISSION OF THE GREATER OF 10% OF SUCH PRINCIPAL AND INTEREST OR $1,000 ADDED AS A REASONABLE ATTORNEY'S FEE, AND FOR DOING SO, THIS NOTE OR A COPY VERIFIED BY AFFIDAVIT SHALL BE A SUFFICIENT WARRANT. EACH BORROWER HEREBY FOREVER WAIVES AND RELEASES ALL ERRORS IN SAID PROCEEDINGS AND ALL RIGHTS OF APPEAL AND ALL RELIEF FROM ANY AND ALL APPRAISEMENT, STAY OR EXEMPTION LAWS OF ANY STATE NOW IN FORCE OR HEREAFTER ENACTED. INTEREST ON ANY SUCH JUDGMENT SHALL ACCRUE AT THE DEFAULT RATE. NO SINGLE EXERCISE OF THE FOREGOING POWER TO CONFESS JUDGMENT, OR A SERIES OF JUDGMENTS, SHALL BE DEEMED TO EXHAUST THE POWER, WHETHER OR NOT ANY SUCH EXERCISE SHALL BE HELD BY ANY COURT TO BE INVALID, VOIDABLE, OR VOID, BUT THE PO WER SHALL CONTINUE UNDIMINISHED AND IT MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS THE LENDER SHALL ELECT UNTIL SUCH TIME AS THE LENDER SHALL HAVE RECEIVED PAYMENT IN FULL OF THE DEBT, INTEREST AND COSTS. NOTWITHSTANDING THE ATTORNEY'S COMMISSION PROVIDED FOR IN THE PRECEDING PARAGRAPH (WHICH IS INCLUDED IN THE WARRANT FUR PURPOSES OF ESTABLISHING A SUM CERTAIN), THE AMOUNT OF ATTORNEYS' FEES THAT THE LENDER MAY RECOVEK FROM THE BORROWER SHALL NOT EXCEED THE ACTUAL ATTORNEYS' FEES INCURRED BY THE LENDER. EACH BORROWER IRREVOCABLY WAIVES ANY ANI) ALL RIGHTS THE BORROWER MAY HAVE TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS NOTE, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS NOTE OR ANY TRANSACTION CONTEMPLATED TO OCCUR PURSUANT TO ANY OF SUCH DOCUMENTS. EACH BORROWER ACKNOWLEDGES THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. Cumulative Remedies: The remedies of this Note and any other documents evidencing or securing this indebtedness providing for the enforcement of the payment of the principal sum thereby secured, together with interest thereon, and for the performance of the covenants, conditions and agreements, matters and things therein and herein contained, are cumulative and concurrent and may be pursued singly, or successively, or together at the sole discretion of Lender, and may be exercised as often as occasion therefor shall occur. Waivers of Lender: Lender's failure to exercise any right hereunder shall not be construed as a waiver of the right to exercise the same or any other right at any subsequent time. No agreement with respect to this Note or any collateral shall be binding upon Lender unless signed by it. Borrower expressly agrees that no renewal or extension hereof granted, nor any indulgence shown to Borrower, nor any dealings between Lender and any person now or hereafter interested herein or in any property, tangible or intangible, securing the indebtedness evidenced by this Note, whether as owner, encumbrancer or otherwise, shall discharge, extend or in any way affect any of his obligations under this Note. Demand, presentation, protest, notice of dishonor and notice of default are hereby waived. Transferability by Lender: This Note inures to the benefit of the Lender, its successors and assigns, and is binding upon the Borrower, his heirs, successors and assigns. The Lender may transfer this Note and may transfer any collateral given under this Note to any transferee, who shall thereupon become vestedr be forevererelieved and fullyt dgtchargedhfrom any I abil t hor Note, and the Lender shall thcreaite responsibility arising under this Note. Review With Counsel: Borrower has reviewed this Note and the Loan Documents with counsel of Borrower's own choice and, further, acknowledges understanding of the terms and conditions of this Note, and any related documents. Notices: Any notice to be given pursuant to this Note and the Loan Documents shall be in writing, shall be deemed received when placed in the United States Mail by certified mail (a) addressed to Lender at P.O. Box 217, Curwensville, Pennsylvania 16833, or at such other address of which Lender shall give Notice; and (b) addressed to Borrower at the address set forth on Page one of this Note. Govcrnin~ Lav%s: This instrument shall be governed by and constructed according to the Laws of the Commonwealth of Pennsylvania. Joint and Several: If this Note is executed by more than one Borrower, the obligations of each such person or entity hereunder shall be joint and several. 4 IN WITNESS WHEREOF, Borrower has executed this document the day, month and year as set forth previously. BORROWER: ATTEST: Alfieri Enterprises Inc. ~ ;~ .,~, By: _~> Daren B. tieri, President By: J~~~. t . Principal $ 504,973.84 8.25% Interest Rate: 8 Term (In Months): Payment: $ 65,090.17 AMORTIZATION SCHEDULE Period Payment Principal 7 Interest 70 471 $3 Remainin 443'355 37 $ 1 $ $ 65,090.17 17 090 65 $61,618.4 $62,042.10 . , $3,048.07 $ 381,313.27 2 3 $ . , 65,090.17 $62,468.64 $2,621.53 $ $ 818,844.63 946.52 255 4 $ 65,090.17 17 090 65 $62,898.11 330.54 $63 $2,192.06 $1,759.63 $ , 192,615.98 5 6 $ $ . , 65,090.17 , $63,765.93 $1,324.23 84 $ $ 128,850.05 ~ 645.73 • 7 $ 65,090.17 17 090 65 $64,204.32 645.73 $64 $885. $444.44 $ (0.00} 6 $ . , , BIZ BABST ~ CALLAND ~ CLEMENTS ~ ZOMNIR A PROFESSIONAL CORPORAT[ON ELIZABETH A. (BETSY) DUPU[S Atttomey at Law T 814.235.8421 GQupuisC~bcr:. com April 25, 2008 Darren B. Altieri, President Altieri Enterprises, Inc. 9017 Read Branch Road, Suite 201 Columbia, MD 21045 Re: December 31, 2007 Note to Lezzer Holdings, Inc.; $504,973.84 Dear Mr. Altieri: BfILE COPY Our office has been retained on behalf of Lezzer Holdings, Inc. ("Lezzer") regarding the above-referenced Note in the amount of $504,973.84 ("Note") to Altieri Enterprises, Inc. ("Altieri").. As of the present time, the Note is in default as no payments under the same have been received by Lezzer, those payments due for the months of February, March and April, 2008, each in the amount of $65,090.17. Pursuant to the acceleration clause under the Note, Lezzer is herby informing Altieri of its intention to accelerate the amounts due under the Note. Lezzer demands payment in full of the balance of this account, including any and all finance charges, late fees and other expenses that may accrue as a result of this default. You must cure the default by paying the balance in full by May 5, 2008. Payment may be made by either cashier's check, certified check or money order made payable to Lezzer Holdings, Inc. and sent to the attention of Thomas Yontosh, P.O. Box 118 or 332 Schofield Street, Curwensville, Pennsylvania, 16833. If full payment is not made by May 5, 2008, Lezzer intends to initiate any legal proceedings available under the law to collect the amounts due under the Note. Altieri will also be responsible for the payment of any reasonable attorney's fees actually incurred in the further collection of this case as well as costs and fees related to any legal proceedings taken to complete collection. Very truly yours, BABST, CALLAND, CLEMENTS ZOMNIR, PC EAD/jrc cc: Thomas Yontosh, Lezzer Holdings, Inc. By: ,~~_ Eliz eth A. (Betsy) Dup Is, Esquire 328 INNOVATION BLVD. SUITE 200 STATE COLLEGE, PA 16803 ~ T 814.867.8055 ~ F 814.867.8051 EXHIBR . ~. ._.~--- IN THE COURT OF COMMON PLEAS OF YORK~COUNTY, PENNSYLVANIA CIVIL ACTION LEZZER HOLDINGS, INC., ) Plaintiff, ) vs. ) ALTIERI ENTERPRISES, INC., ) Defendant. ) To: Altieri Enterprises, Inc. 1700 Westgate Drive York, PA 17315 a3-,~ -~ NO. 2008- NOTICE OF JUDGMENT Pursuant to Rule 236, please be advised that judgment has been entered against you in the above-captioned matter in the amount of $580,950.97. Prothonotary .. BIZ BABST ~ CALLAND ~ CLEMENTS ~ ZOMNIR A PROFESSIONAL CORPORAT[ON ELIZABETH A. (BETSY) DUPULS Attorney at Law r sia.as~.soss bdaPuts~e~~z~an May 9, 2008 r ~:~~ T•. - : •J : ;~„ . _ __ n7 ~~ .'.w cn Pamela S. Lee York County Prothonotary York County Judicial Center 45 North George Street York, PA, 17401 By Overnight Mail Re: Confession of Judgment for Lezzer Holdings, Inc. Dear Ms. Lee: Please find enclosed a Complaint for Confession of Judgment for filing with your office. We have included the original filing, a check payable to your office in the amount of $43.50 (for confession of judgment with complaint), a copy for mailing to the defendant, an envelope for mailing to the defendant, and a copy to be time stamped and returned to our office in the enclosed postage-prepaid envelope. We have also enclosed the original Notice Under Rule 2958.1 for filing, a copy of the Notice for service by the Sheriff (along with an additional copy of the complaint to include with the Sheriff's service), a memorandum to the Sheriff with service instructions, a check for service payable to the Sheriff, and an additional copy of the Notice to be time-stamped and returned to our office. Please contact me if you have questions regarding the documents or the information we have provided. We appreciate your attention to this matter. Very truly yours, BABST CALLAND CLEMENTS ZOMNIR PC By: Eliza. th A. Dupuis, Esq ire 328 INNOVATION BLVD. I SU[TE 200 I STATE COLLEGE. PA 16803 I T 814.867.8055 (E 814.867.8051 I WWW.BCCZ.COM .i ,. ' Y~ YORK COUNTY PROTHONOTARY Page 1 of 1 6/10/2008 2008-NO-00234-30 LEZZER HOLDINGS /NC vs. ALTIER/ ENTERPRISES /NC Action 05/12/2008 JUDGMENT CONFESSED PURSUANT TO WARRANT 04307 OF ATTY 1 05/12/2008 COMPLAINT AND CONFESSION OF JUDGMENT ON 04452 NOTE=12-31-07 12 05/12/2008 NOTICE GIVEN RE: PA RCP 236 W/DOCUMENTS 05032 FILED 05-12-08 1 05/12/2008 AFFIDAVIT RE: NON-CONSUMER CREDIT 05164 TRANSACTION 1 Party Type Party Name P LEZZER HOLDINGS /NC A DUPUIS, ELIZABETH A D ALTIER/ ENTERPRISES /NC Total Number of Pages 15 CERTIFIED from the records of the urt of Co mon Plees of Ybdt County, Pennsyhrania this of A, pp~ Paned S Lee, Protlronotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LEZZER HOLDINGS, INC., Plaintiff, ) vs. ) NO. ALTIERI ENTERPRISES, INC., ) Defendant. ) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Praecipe to Enter Judgment was served on the following by depositing the same within the custody of the United States Postal Service, first-class mail, postage prepared, addressed to: Altieri Enterprises, Inc. 9017 Branch Road, Suite 201 Columbia, MD 21045 BABST, CALLAND, CLEMENTS & ZOMNIR, PC By: Elizabet A. (Betsy) Dupuis, squire Attorney for Plaintiff 328 Innovation Boulevard, Suite 200 State College, PA 16803 (814) 867-8055 Attorney I.D. No. 80149 Date: (~/,~~~b~ ~ (Z ~ C7 'r', s--. C :_' r -, "") Ft O ~ ~ ~ ~:.. _ _ ~' ,-~ ~~ _.,, ;~ -<