HomeMy WebLinkAbout09-5590w. r
SALAMAN LAW OFFICES
(A Professional Corporation)
BY: DREW SALAMAN, ESQUIRE
I.D. #15172
Land Title Building - Suite 1124
100 South Broad Street
Philadelphia, PA 19110
(215) 568-7575
FAX (215) 557-6353
Wayne-Dalton Corp.
One Door Drive
Mt. Hope, OH 44660 Plaintiff
Attorney for Plaintiff
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
V.
Robert C. Jones a/k/a Rob Jones C I
INDIDBA Blue Mountain Garage NO. V ?? _ 5Jr90
7782 Newburg Road
Newburg, PA 17240 Defendant(s)
PRAECIPE FOR ENTRY OF APPEARANCE, TRANSFER OF
JUDGMENT, ASSESSMENT OF DAMAGES AND VERIFICATION
OF ADDRESS(ES). VALIDITY AND NON MILITARY SERVICE
TO THE PROTHONOTARY:
Enter my appearance for the Plaintiff in the above matter; enter judgment(s) in favor of Plaintiff(s)
against Defendant(s) on the duly authenticated copy of the judgment(s) and docket entries hereto attached
(if said jurisdiction has docket entries), entered in the jurisdiction noted therein, and assess damages as
follows:
00-
$54,736.39 Judgment Due ? 4150
4,750.82 Interest to date from date of judgment
$ 59,487.21 Real Debt
Pursuant to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities,
I verify that: (1) the precise last known address(es) of the Plaintiff(s) and Defendant(s) are as above; (2)
that said judgments were entered in the said jurisdiction in said amount with costs and interest due as noted,
no part of which has been paid (except as noted) and which is valid, enforceable and unsatisfied; (3) and
that Defendant(s) is (are) over 18 years of age and not in the mill ed States or its
allies or otherwise within coverage of the ric emem ers 'vil R n ed nd has (have)
civilian occupation(s).
DAMAGES ASSESSED AND JUDGMENT(S)
ENTaF,1?ED AS ABOVE TICE(S)
GIV V IJ . P.236
Pr6Prothonotary
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AUTHENTICATION OF COPY
U.S. Statutes, Sec. 905.
THE STATE OF OHIO COMMON PLEAS COURT
Holmes County, ss
I, Dorcas L. Miller, Clerk of the Common Pleas Court within and for said County, having the
custody of the files, journals and records of said Court, do hereby certify that the foregoing is a
true copy of:
Order for Default Judgment against Defendant, Robert C. Jones aka Rob Jones, Individually and
DBA Blue Mountain Garage Door Service, filed June 9, 2009 in the Common Pleas Journal
#205, Page #100-101 in case number 09CV056 in the office of the Clerk of Common Pleas
Court, Millersburg, Holmes County, Ohio.
as the same appears upon the records of said Court; and I further certify that I have carefully
compared the foregoing copy with the original record, and that the same is a full and correct
transcript thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court,
at Millersburg, Ohio this 16'' day of June, 2009.
The State of Ohio, Holmes County, ss.
C erk of said
I, the undersigned Judge of the Common Pleas Court within and for said Holmes County and
State of Ohio, do hereby certify that said Dorcas L. Miller was at the date of the above
certificate, and now is, Clerk of said Common Pleas Court within and for said County, and that
said Clerk is the Officer in whose custody said original Record of the Common Pleas Journal
#205, Page #100-101, filed June 9, 2009 Case #09CV056 is required by the laws of the State of
Ohio to be kept, and is authorized by the laws of said State to certify as aforesaid and that said
attestation and certificate are in due form of law.
Signed by me and dated at Millersburg, in Holmes
The State of Ohio, Holmes County, ss.
I, Dorcas L. Miller, Clerk of the Common Pleas Court within and for said County, hereby
certify that Thomas D. White, by whom the foregoing certificate was signed, is the Judge of said
Court, duly Commissioned and qualified and now acting as such.
WITNESS my hand and the seal of said Court, at Millersburg, Ohio, this 16th day of
June, 2009.
??A•
_
A&"/ cor Clerk of said Co
i
ID
WAYNE-DALTON CORP.
Plaintiff
VS.
ROBERT C. JONES
AKA ROB JONES
INDIVIDUALLY AND
DBA BLUE MOUNTAIN GARAGE DOOR
SERVICE
Defendant
A?K 10. 14
CASE NO: 09 CV.,056 ; -,00-00
l
?oL ftAltS'??pttN i '?, OH11'
JUDGE THOMAS D. WHITE
ORDER FUR
DEFAULT JUDGMENT
Upon application of Plaintiff, Wayne-Dalton Corp., made pursuant to Rule 55(A), Ohio
O
Rules of Civil Procedure for an Order entering a Default Judgment against Defendant, this Court
p finds that the Court's file on this matter affinnatively shows that:
a
1. On April 30, 2009, Plaintiff filed a complaint for money damages and breach of
Q,r contract against Defendant.
2. On or about May 7, 2009, Plaintiff received notice that on May 5, 2009, Defendant
received the Complaint, Summons, and Scheduling Notice served upon him by the Court via
0
certified mail.
3. Defendant has since failed to answer, plead or otherwise defend against Plaintiff's
complaint within the time allowed by law.
Appro
THEREFORE, IT IS ORDERED that judgment be entered against Defendant in the amount
of $54,736.39 plus interest at a rate of 12% per annum from November 1, 2008, attorne fees and
Plaintiff's costs expended herein.
Dated: I' 12
a ng #0 28
Zollin ,Gruber, s & o.
6370 Mt. Pleasant Street N
North Canton, Ohio 44720
Phone: (330) 497-2886
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
HOLMES COUNTY, OHIO mq
Thomas D. White
I HEREBY C?RR??TIFY THATaHIS IS A TRUE COPY TO THE
ORIGINAL D4C WXWP_9IN MY OFFICE. WITNESS
MY HAND AQd0trHE COMMON PLEAS COURT.
JUN 16 2009
Clerk of Courts, Holmes County
Praecipe to the Clerk: Pursuant to Civ. R 58(B), you are directed to serve upon all counsel and all
parties not in default for failure to appear notice of this judgment and its date of entry upon the
journal. You are directed to serve said notice within 3 -days of enterinOtjudg nt upon the
journal in a manner prescribed by Civ. R. 5(B) ail!-ta-noe t service in thearaitice docket.
Ju ie.Thomas D. White
AUTHENTICATION OF COPY
U.S. Statutes, Sec. 905.
THE STATE OF OHIO COMMON PLEAS COURT
Holmes County, ss
I, Dorcas L. Miller, Clerk of the Common Pleas Court within and for said County, having the
custody of the files, journals and records of said Court, do hereby certify that the foregoing is a
true copy of the Court Docket in Case Number 09CV056 in the office of the Clerk of
Common Pleas Court, Millersburg Holmes County, Ohio.
as the same appears upon the records of said Court; and I further certify that I have carefully
compared the foregoing copy with the original record, and that the same is a full and correct
transcript thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court,
at Millersburg, Ohio this 25`' day of June, 2009.
The State of Ohio, Holmes County, ss.
Clerk of said Court
I, the undersigned Judge of the Common Pleas Court within and for said Holmes County and
State of Ohio, do hereby certify that said Dorcas L. Miller was at the date of the above
certificate, and now is, Clerk of said Common Pleas Court within and for said County, and that
said Clerk is the Officer in whose custody said original Record of the Common Pleas Court
Docket of Case No. 09CV056 and is required by the laws of the State of Ohio to be kept, and is
authorized by the laws of said State to certify as aforesaid and that said attestation and certificate
are in due form of law.
Signed by me and dated at Millersburg, in Holmes Co , hio, this 25th day of
June, 2009.
Judge as aforesaid
The State of Ohio, Holmes County, ss.
I, Dorcas L. Miller, Clerk of the Common Pleas Court within and for said County, hereby
certify that Thomas D. White, by whom the foregoing certificate was signed, is the Judge of said
Court, duly Commissioned and qualified and now acting as such.
WITNESS my hand and the seal of said Court, at Millersburg, Ohio, this 25 h day of
June, 2009. A-&/
Clerk of said Court
l
STYLE: WAYNE-DALTON V JONES D O C K E T S H E E TCASE NO. 09CV056 PAGE 0001
ACTION: ALL OTHER CIVIL FILED: 4/30/09
JUDGE ?: THOMAS D. WHITE
DISPO DATE: 4/30/11 FILE TIME: 10:27 AM
********************************************************************************
P 001
WAYNE-DALTON CORP.
ONE DOOR DRIVE
MT. HOPE, OH 44660
** VS **
D 001
ROBERT C JONES AKA ROB JONES
IND/DBA BLUE MOUNTAIN GARAGE
7782 NEWBURG ROAD
NEWBURG, PA 17240
***************************************************
DATE TYPE DESCRIPTION 09CV056
WAYNE-DALTON V JONES
t***
********************************************************************************
4/30/09 OTHER CIVI CIVIL COMPLAINT FOR BREACH OF CONTRACT WITH INSTRUCTIONS
TO THE CLERK TO SERVE DEF BY CERTIFIED MAIL; FILED BY ATTY
BING; DJH:
4/30/09 CMC SCHEDULING NOTICE - CMC SET FOR: AUGUST 25, 2009, AT 11:00
A.M. COPIES DIST. DJH
4/30/09 AUTO SERV SENT SUMMONS, CERTIFIED COPY OF COMPLAINT AND CMC NOTICE
TO ROBERT C JONES AKA ROB JONES
BY CERT. MAIL #716000007050 - RETURN RECEIPT REQUESTED.
5/07/09 R CERT CERTIFIED MAIL
716000007050
TO ROBERT C. JONES AKA ROB JONES
SIGNED FOR BY
ROBERT JONES
ON 5/5/09
NOTIFIED ATTY
BING
DJH
ATTORNEY(S):
JASON N BING, ESQ
ZOLLINGER, D'ATRI, GRUBER
6370 MT. PLEASANT STREET,
NW
NORTH CANTON, OH 44720
PHONE: 330 497-2886
FAX: 330 497-7477
1 HEREBY CERTIFY THAT THIS IS A TRUE COPY TO THE NAL 7YI HIAP?3A DOCUMENT ONVIL?IN MY
OM OMMON PLEAS COURT.
i
JUN z 5 2009
i
6/08/09 MISC APPLICATION FOR DEFAULT JUDGMENT WITH EXHIBIT FILED BY
STYLE:'WAYNE-DALTON V JONES D O C K E T S H E E T CASE NO. 09CV056 PAGE 0002
ACTION: ALL OTHER CIVIL FILED: 4/30/09
JUDGE THOMAS D. WHITE
********************************************************************************
ATTY. BING. VAS
6/09/09 J.E. ORDER FOR DEFAULT JUDGMENT: UPON APPLICATION OF PLTF
FOR AN ORDER ENTERED A DEFAULT JUDGMENT AGAINST DEFT
THIS
,
COURT FINDS THAT THE COURT'S FILE ON THIS MATTER
AFFIRMATIVE SHOWS THAT CONTAINED H
EREIN. THE COURT ORDERS
THAT THE JUDGMENT BE ENTERED AGAINST DEFT IN THE AMOUNT OF
$54,736.39 PLUS INTEREST AT A RATE OF 12%- PER ANNUM FROM
11/1/08 ATTORNEY FEES A
'
ND PLTF
S COSTS EXPENDED HEREIN.
COPIES DIST. VAS
VOLUME # 205 PAGE # 100
6/16/09 MISC REQUEST FOR AUTHENTICIATION OF COPY OF ORDER FOR DEFAULT
JUDGMENT FILED BY VERA FOR ZOLLINGER; DJH
6116109 AUTHENTICA SENT AUTHENTICATION OF COPY ALONG WITH CERTIFIED COPY OF
JUDGMENT ENTRY TO: ZOLLINGER, GRUBER, THOMAS & CO.; DJH
6/25/09 MISC REQUEST FOR AUTHENTICATION OF COPY OF DOCKET FROM
VERA A. KIEFABER. VAS
6/25/09 AUTHENTICA SENT AUTHENTICATION OF COPY ALONG WITH CERTIFIED COPY OF
DOCKET. VAS
FILE
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