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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 .,,,p00 ? D a1 g1?? p? ? ??q 4 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 -C TP:: racy "I ii ° U` P I F "1 f: r, 3 t. ". icy l.'{ *aq. oo PD AI-N C& tall e Iagog5 No-fiee W