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Home My WebLink About08-5018 The People of the 6 rate of PeW 00" rh BY. THE GRACE OF GOD FREE AND INDEPENDENT. .To All whom these Presents may Come. GREETING--- KNOW YE: That we have inspected the files and records of our Supreme Court, at the City of Poughkeepsie, in the Comity of Dutchess, do find a certain Clerk's Minutes Judgment • File# 2007/1798c Filed 04-25-08 remaining there on file of record in the words and figures following, to wit: Siding Windows Warehouse Plus, Inc., plaintiff against Bruce Peter, defendant COC-39,1 " FILM RG :±t';l r;f F R-r2,'Y[ll At a term of the Supreme Court of The State of New 1 L0- q8 OR 25 AM 10: 7 York held in and for the County of Dutchess held at 10 Market Street, Poughkeepsie, State of New York on the 41' day of April, 2008 P R E S E N T: HON. CHRISTINE A. SPROAT, JSC SUPREME COURT : COUNTY OF DUTCHESS --------------------- "------- ____________ x Index No. 2007/1798 SIDING WINDOWS WAREHOUSE PLUS, INC. -against- Plaintf JUDGMENT JUST EXTERIORS, INC. AND BRUCE PETER, Individually Defendant ------------------------------------------------x The above entitled action having been commenced by the Plaintiff Siding Windows Warehouse. Plus, Inc. in the Supreme Court of the State of New York in Monroe County, and. thereafter; the venue of the proceeding having been transferred to the this Court pursuant to a StVilation between counsel for each party and The Court; by Order to Show Cause entered on the 25" day of October, having previously relieved the law firm of Relin, Goldstein and Crane, LLP as attorneys for the Plaintiff, upon their motion, without any opposition thereto having been made by the Plaintiff, and Tnc Court also having granted the application of the Defendant, Bruce Peter, for the entry of a judgment by default on his counterclain. bused upon the failure of the Plaintiff, or any attorney engaged by it, to replace its prior counsel and to appea.? at a conference held before the Court on the 26te day of September, 2007 and, the Court further having scheduled an inquest to assess the damages sustained by Bruce Peter, to be held on the 4h da_y of April, 2008, and UP011 proof of service of the Notice of Hearing upon the Plaintiff Siding Windows Warehouse Plus inc. oil the 2"d day of April, 2008 at 469 East North Street, Carlisle, Pennsylvania, FILM _'J ? PG_IaL_ and Upon the evidence adduced on behalf of the Defendant Bruce Peter at the hearing held before the Court on the 4 h day of April, 2008, it is now therefore ADJUDGED, that the Defendant Bruce Peter, do recover counter-claim against the Plaintiff Siding Windows Warehouse Plus, his damages in the sum of $9,180.88 together with costs as taxed on the annexed Bill of Costs, in the amount of $750.29 making a total judgment in the amount of $9,931.17 and that the Plaintiff have. execution therefore.. Dated: 1H- 2008 APR i 5 2008 ENTER: Judgment Entered: 0?0;t- - Ptcun-,' PPs 4& 4ss-- 46cl CQs4 MDy-x+ s{ . Car I Isle, P 1 "L '"'?A""?X,AbWvtSS q c) *=rc, kavt eq. 915 VOO-nl J C-,rtve --r-pkk nw Vh"Or 'J1 ia56 3 CHRISTINE A. SPROAT, SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS -------------------- _ ------------------------ -- -- SIDING WINDOWS WAREHOUSE PLUS, INC. _ ----- -x Plaintiff(s) -against- JUST EXTERIORS, INC..AND BRUCE :PETERS, Individually Defendants -----------------------------------------------------------x FILM Nq_PG__jj1 Index No. 2007/1798 BILL OF COSTS Justice Assigned: Christine A. Sproat, AJSC TS . Costs by Statute - CPLR 8201......... ..................................................$700.00 Note of Issue filing .•....................... DISBURSEI + NTS ........................... $30.00 Postage ....................................... $20.29 ............................................ TOTAL $50.29 TOTAL COSTS AND DISBURSEMENTS: $ 750.29 State of Nezv vo i,.c;aially of orange) .ss.: ' . ?cosft taxed at,$ ' I5o.) 6j The undersigned, attorney at law of the State of New York, attorney of or th that the disbursements above specified are correct and true and have been or will 'ly herein and are reasonable in amount: that the time of the defendant(s) to appe b ar her the said defendant(s) has wer perjury. not appeared or answered herein. The undersigned be tru . Affirmed: New Windsor, New York April 9, 2008 HOW h(AVE Plaintiff(s) herein, states made or incurred lin has expired and that under the penalties of -1- END -OF DOCUMFNT STATE C u,.`r 'C ];t, (Coum OF DUTCHM) SS: t, 13p,°P°.' 7i=t s" i! iZ,kNDALL., COUNTY C1JM AND MAK OF THE SUPREME AND Y COURTS. DUTCHEF,S COUNTY, DO HEREBY COT{PY THAT 1 HAVE COMPARED THIS COPY Vill`fN THE OFUGINAL TNEREOF FILED OR RECOAM IN W OWOE ON -7-2-5- O,9 AND THE SAME IS A CORRECT TRANSCAPT 0"EOF. 1Pi ESS WHEREOF. I HAVE HEHEtWO WT W HAND AND AFFDMD MY oFFIML SM S-9-as 9LP COUNTY CLERK d CLERK OF 8UpH1 COUNTY COURTS DUTcHsss om wYY All which we have caused by these Presents to be exemplified and the Seal of our said Court for said County to be hereunto affixed. Witness, Hon. Christine A. Sproat one of the Justices of our Supreme Court, in and for the State of New York, this 9th day of May 20 08 Bradford Kendall, Clerk I, Hon. Christine A. Sproat , one of the Justices of the Supreme Court of the State of New York, in and for the Ninth Judicial District of the Second Judicial Department thereof, Do hereby certify that Bradford Kendall whose name is subscribed to the preceding exemplification, is the Clerk of the County of Dutchess, and Clerk of the Supreme Court in and for said County, and that full faith and credit are due to his official acts. I FURTHER CERTIFY, that the Seal affixed to said exemplification is the proper seal of said Court of said County and that the attestation thereof is in due form of law by the proper officer. `, Witness my hand at the City of Poughkeepsie this 7 day of May in the year 2 Hon. Chris Justice of the Supreme C For the t STATE OF NEW YORK COUNTY OF DUTCHESS ss.: "A. Spro of the Stat oftNew York, in and Judicial D' ict. I, Bradford Kendall, Clerk of the County of Dutchess, and also Clerk of the Supreme Court of said County, in and for the Ninth Judicial District in the Second Judicial Department of said State (said Court being a Court of Record), Do Hereby Certify, that Hon. Christine A. Sproat whose name is subscribed to the preceding certificate, is one of the Justices of the Supreme Court of said State, in and for the Ninth Judicial District of the Second Judicial Department, duly elected and sworn, and that the signature of said Justice to said Certificate is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, this 12th Day of May in the vear 20 no Bradford Kendall, Clerk rlp COC39,2 C c C i 0 A _ 'J} w c,.n SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS Index No. 2007!1798 SIDING WINDOWS WAREHOUSE PLUS, INC. -against- Plaintiff(s) Justice Assigned: Christine A. Sproat, AJSC ATTORNEY AFFIRMATION JUST EXTERIORS, INC. AND BRUCE PETERS, Individually Defendants STATE OF NEW YORK x COUNTY OF ORANGE SS: •rt`* HOWARD ALAN KAVE, an attorney duly admitted to practice before the Courts of the "State of New York, hereby affirms, pursuant to CPLR 2106, and under the penalty of perjury that the following is true: 1. That i am an attorney maintaining an office for the practice of law in New Windsor. Grange County, New York and appeared in this action on behalf of the Defendant, Bruce Peter. 2. That a judgment, a copy of which is annexed was entered in the office of the Dutchess County Clerk on behalf or the Defendant, Bruce Peter upon the order of the Honorable Christine A. Sproat, a Justice of the Supreme Court of the State of New York in and for Orange County on the 23`d day of April, 2008 by which the Court awarded to the Defendant; Bruce Peter on his counterclaim against Siding Windows Warehouse Plus, the Plaintiff, the sum of $9,931.17. 3. That although the Plaintiff initially appeared in this action and, in fact, commenced it in the Supreme Court of New York State, it thereafter abandoned its claim and failed to appear when the matter was properly noticed for a hearing. 4 That the judgment of the Defendant Bruce Peter against the Plaintiff Siding Windows Warehouse plus is valid and enforceable and remains wholly unsatisfied. 5. That the addresses of the parties known to me are as follows: a. Bruce Peter, c/o Just Exteriors Inc., 376 Business Park, Suite 2, Wappingers Falls, New York 12590 b.. Siding Windows Warehouse Plus Inc., 469 East North Street, Carlisle, PA 17013 6. I make this affirmation to support the entry- of an exemplified copy of the said judgment issued by the clerk of the Supreme Court at Dutchess County as a valid and enforceable judgment in the office of the prothonatory in Cumberland Col Duly Affirmed this 29`h day of July, 2008 New Windsor, New York DUTCHESS COUNTY CLERK MENU: FMCM044M CLR.MIN. DOCKET INQUIRY LAST UPDATE: 04/28/08 INITIALS: CLV YEAR TYPE DOC # PLAINT: SIDING WINDOWS WAREHOUSE PLUS INC 2007 CLK.MIN. 1798 DEFEND: JUST EXTERIORS INC DATE: ENTRY: 03/28/2007 TRANSFER FROM MONROE COUNTY 03/30/2007 RJI 07/06/2007 CONSENT TO CHANGE ATTORNEY 07/30/2007 DECISION SPROAT 7/27/07 ORDER TO SHOW CAUSE AFFIDAVIT EXHIBITS AFFIDAVIT OF SERV-3 LETTER 08/14/2007 ORDER SPROAT 8/13/07 02/04/2008 DECISION & ORDER SPROAT 2/1/08 ORDER TO SHOW CAUSE ATTORNEY AFFIRMATION DEFENDANTS AFFIDAVIT EXHIBITS LETTERS AFFIDAVIT OF SERV 03/05/2008 NOTE OF ISSUE W/CTF OF READINESS 04/25/2008 JUDGMENT SPROAT 4/21/08 MONEY FILM 3149 PAGE 270 BILL OF COSTS ATTORNEY AFFIRMATION AFFIDAVIT OF SERV LETTERS DOCKET DATE: F4=PRT F6=PREV F7=PGFWD F8=PGBWD F9=SEARCH F10=PREV DISPLAY OF NEW YORK (COON T Y OF DUTCHESS) SS: KENDALL, COUNTY CLERK AND CLERK OF THE SUPREME AND COUNTY COURTS, "; %!)uhlT.'„'? tiERF F + F rill y 4r3T' liAVi: 'QMPARED THIS 110.0y Nil H C? ; ? iS .. LOt<rr4 h,?:3 >( NJP7 TNEREL"suet (' F; ? ifV}(EF?EUf , i HAVE HEREUNTO SET MY tfxg, AN-'- tXO) MY OFFICIAL SEAL " n COUNTY CLERK 3 CLERK OF THE SUPREME & C? COUIlM. _HESS COU DUTCHESS COUNTY CLERK CLK.MIN. DOCKET INQUIRY LAST UPDATE: 04/28/08 MENU: FMCM044M INITIALS: CLV YEAR TYPE DOC # PLAINT: SIDING WINDOWS WAREHOUSE PLUS INC 2007 CLK.MIN. 1798 DEFEND: JUST EXTERIORS INC 03/28/2007 TRANSFER FROM MONROE COUNTY DATE: ENTRY: 04/25/2008 ATTORNEY AFFIRMATION AFFIDAVIT OF SERV LETTERS DOCKET DATE: F4=PRT F6=PREV F7=PGFWD F8=PGBWD F9=SEARCH F10=PREV DISPLAY al 1 ? K ?ncr ?, ct ?, o y , ^; ,° fl t c Cry W la- Z--?Zr N ALLSTATE LEGAL-D 07101.07102.07103.07104 -, 800.222.0510 W-S!egal-m Index No. 2007/1798 Year 2008 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS SIDING WINDOWS WAREHOUSE PLUS, INC. Plaintiff(s) against JUST EXTERIORS, INC. AND BRUCE PETERS Individually Defendants ATTORNEY AFFIRMATION HOWARD ALAN KAVE, ESQ. Attorney for 815 BLOOMING GROVE TURNPIKE AT FORGE HILL VILLAGE SUITE 12 NEW WINDSOR, NEW YORK 12553 (845) 562-1234 FAx No. (1845) 562-5271 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated: .................... -- ..... -- .... ....... Signature ................................................................................................................................ _ not Signers Name ................... ................................................................................................ Service of a copy of the within is hereby adini tied,. Dated: ....................................................... ........................ ............................ _............................. ....................... Attorney(s) for PLEASE TAKE NOTICE that the with in is a (certified) true copy of a NOTICE of entered in the office of the clerk of the within-named Court on 20 n ENTRY Q that an Order of which the within is a true copy will be presented for settlement to the NOTICE OF Hon. one of the judges of the within-named Court, SETTLEMENT at on 20 at M. Dated: Attorney .for To: HOWARD ALAN KAVE, ESQ. 815 BLOOMING GROVE TURNPIKE AT FORGE HILL VILLAGE SUITE 12 ALL-STATE LEGAL® 07101 •07102 •07103 • 07109 - ..?, 800.222.0510 www.aslegal.com Index No. 2007/1798 Year 2008 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF DUTCHESS SIDING WINDOWS WAREHOUSE PLUS, INC. Plaintiff(s) against JUST EXTERIORS, INC. AND BRUCE PETERS Individually Defendants ATTORNEY AFFIRMATION HOWARD ALAN KAVE, ESQ. Attorney for 815 BLOOMING GROVE TURNPIKE AT FORGE HILL VILLAGE SUITE 12 NEW WINDSOR, NEW YORK 12553 (845) 562-1234 FAX No. (845) 562-5271 Pursuant to 22 NYCRR 130-1.1-a, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that, upon information and belief and reasonable inquiry, (1) the contentions contained in the annexed document are not frivolous and that (2) if the annexed document is an initiating pleading, (i) the matter was not obtained through illegal conduct, or that if it was, the attorney or other persons responsible for the illegal conduct are not participating in the matter or sharing in any fee earned therefrom and that (ii) if the matter involves potential claims for personal injury or wrongful death, the matter was not obtained in violation of 22 NYCRR 1200.41-a. Dated: ............................................. Signature ................................................................................................................................ Print Signer's Name ................................................................................................................... Service of a copy of the within is hereby admitted. Dated: Attorney(s) for PLEASE TAKE NOTICE that the within is a (certified) true copy of a NOTICE OF entered in the office of the clerk of the within-named Court on 20 c ENTRY a m that an Order of which the within is a true copy will be presented for settlement to the NOTICE OF Hon. , one of the judges of the within-named Court, SETTLEMENT at on 20 at M. Dated: HOWARD ALAN KAVE, ESQ. Attorney for 815 BLOOMING GROVE TURNPIKE To: AT FORGE HILL VILLAGE SUITE 12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: : ? Confessed Judgment SIDING WINDOWS WAREHOUSE ? Other PLUS, INC., 469 E. North St. Carlisle, File No. PA 17013 vs. Plaintiff ; Amount Due $9,931.17 JUST EXTERIORS, INC. AND BRUCE PETERS, Individually, 376 Business Park, Suite._2 Wappingers Falls New York 12590 befendants TO THE PROTHONOTARY OF THE SAID COURT: Interest Any's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant A t o r Any and all equipment, inventory, merchandise, vehicles, tools, office equipment, office supplies, computers, materials, furniture and furnishings. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date ? p Signature: Print Name: Address: Attorney for: Telephone: pendens against real estate of the Anthony DeLuca, Esq. 113 Front Street Boiling Springs, PA 17007 Defendants 717-258-6844 Supreme Court ID No: 18067 ?? cc+ N g" A l W °, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-5018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JUST EXTERIRORS, INC. AND BRUCE PETERS, INDIVIDUALLY, 376 BUSINESS PARK, SUITE 2, WAPPINGERS FALLS, NY 12590 Defendant (s) From SIDING WINDOWS WAREHOUSE PLUS, INC., 469 E. NORTH ST., CARLISLE, PA 17013 (1) You are directed to levy upon the property of the plaintiff (s)and to sell ANY AND ALL EQUIPMENT, INVENTORY, MERCHENDISE, MOTOR VEHICLES, TOOLS, OFFICE EQUIPMENT, OFFICE SUPPLIES, COMPUTERS, MATERIALS, FURNITURE AND FURNISHINGS . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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$9,931.17 Interest Atty's Comm % Atty Paid $55.50 Plaintiff Paid Date: August 22, 2008 (Seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.00 Other Costs s R. Long, Prothonotary By. &1'k-ep dot Deputy- Name ANTHONY L. DELUCA, ESQUIRE Address: 113 FRONT STREET, BOILING SPRINGS, PA 17007 Attorney for: DEFENDANTS Telephone: 717-258-6844 Supreme Court ID No. 18067