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Home My WebLink About06-0933 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA THE DYSON CORPORATION Plaintiff No, .Q1.. -ill ell> J~ 'lA.",,\ vs, CALABRESE & SONS, INC. Defendant Civil Action - Law PRAECIPE AND AFFIDAVIT FOR ENTRY OF FOREIGN JUDGMENT Filed on behalf of Plaintiff Counsel of Record for Plaintiff: Joseph E. Altomare Supreme Court ID #17156 228 E. Central Avenue P,O, Box 373 Titusville, P A 16354 (814) 827-9626 (814) 827-9143 - Fax jaltomar@msn,com " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA THE DYSON CORPORATION Plaintiff No, ()l_ - q:t?, C;uJ ~02-h\ vs, CALABRESE & SONS, INC. Civil Action - Law PRAECIPE AND AFFIDAVIT FOR ENTRY OF FOREIGN JUDGMENT TO THE PROTHONOTARY: The affidavit and certified copies of the foreign judgment and docket entries being attached hereto in accordance with the provisions of the Pennsylvania Uniform Enforcement of Foreign Judgments Act (42 Pa,C.S, S 4306), please enter judgment in this action against the Defendant and in favor of the Plaintiff in the principal amount of $40,000,00 plus interest from November lO, 2005 and costs of suit. Respectfully submitted, By '. AFFIDA VII Commonwealth of Pennsylvania ) )ss County of Crawford ) The undersigned, having first been duly sworn according to law, deposes and says as follows: I. The judgment evidenced in the attached certified copy of each of the Judgment and Docket Entries of the Court of Common Pleas of Lake County Ohio, is valid, enforceable and unsatisfied. 2. The name and last known address of the judgment debtor is: Calabrese & Sons PO Box 1667 Mechanicsburg, P A 17055 3. The name and address of the judgment creditor is: The Dyson Corporation 55 Freedom Painesville, OH 44077 Further deponent sayeth not. Sworn and Subscribed before me this -Mil day of q(~, 2006. Ql~L~k:V No y . NOTARIAL SEAL JUDITH JARDIN, Notary Public Titusville, Crawtord Co., Pennsylvania My Commission Expires Aug. 12, 2009 , .~ i'"'~ " -- f\ . \.... \..J ,;: \\,,-\..- \. w,1'Jit UKE COUNTY COMMON PLEAS COURT ,\) y .o)! \1'0'1 \ .... '- . LAKE COUNTY, OHIO ~\j) " ~\_;f",_".. \ ~ \..-~...\~.~l-Ot cu\'" . "ill. 11'1'. THE DyseiNC6RPORATION 15 C') rl1 (;)1 "'\1 tn .C> " Plaintiff ) ) ) ) ) ) ) ) ) ) Case No. 05CVOOl888 JUDGE LUCCI v. CALABRESE & SONS, INC JUDGMENT ENTRY Defendant This cause came on to be heard on the Plaintiff's Complaint against the Defendant CALABRESE & SONS, INC. and Plaintiff's Motion for Default Judgment against said Defendant. WHEREUPON. the Court finds that Defendant CALABRESE & SONS, INC. has failed to answer, plead, move or appear despite having been duly served with process in excess of twenty-eight (28) days prior to the filing of Plaintiff's Motion for Default Judgment. THE COURT FURTHER FINDS that Defendant CALABRESE & SONS, INC. has therefore confessed the allegations of the Complaint to be true. THE COURT FURTHER FINDS that there is due Plaintiff from said Defendant in accordance with the allegations of Plaintiff's Complaint the sum of Forty Thousand Dollars ($40,000.00) together with prejudgment and post judgment interest thereon at the rate of 1.5 % per month and costs for which execution may issue. IT IS THEREFORE ORDERED, ADJUDGED and DECREED that judgment be and it is hereby rendered in favor of the Plaintiff THE DYSON CORPORATION and against Defendant CALABRESE & SONS, INC. in the sum of Forty Thousand Dollars ($40,000.00) together with prejudgment and post judgment interest thereon at the rate of 1. 5 % per month and costs for which execution may issue; . '. . ,... .,' .' . " IT IS SO ORDERED. EUGENEA.LUCCI,JUDGE '( CC.HYi ',: ~\i! ~F !\ -,') 1'- Submitted: rJ T:. _~~L~~~~'Ri<~ \.. 'J' ,(t' L C\. - -- '. David J. Richa 's Jr E ' Attorney for Plain;ijf" sq, In l.n It) o 611 fO< <t C1.. r co l.0 ~'-'4 " 'Date, 01/26/2006 15,08,36 Detail Docket Sheet Page: 1 CRTR5925 Case Num:t:>er Status Judge 05CV001888 Closed LUCCI, EUGENE A. In The Matter Of Action DYSON CORPORATION THE vs . CALABRESE & SONS INC CONTRACT Party DYSON CORPORATION THE 53 FREEDOM ROAD PAINESVILLE, OH 44077 PLNTF Attorneys RICHARDS, DAVID J 60 SOUTH PARK PLACE painesville, OH 44077-3993 CALABRESE & SONS INC POBOX 1667 MECHANICSBURG, PA 17055 DFNDT Opened 08/18/2005 Disposed Closed - Conversion Case Type CIVIL Comments: No. Date of Pleadings Filed, Orders and Decrees Journal Book-Page-Nbr Ref Nbr Amount Owed/ Amount Dismissed Balance Due 1 11/30/05 RESTITUTION ORIGINAL AMOUNT OWED: $165.65 AMOUNT PAID PRIOR TO CONVERSION, $0.00 BALANCE DUE AT CONVERSION: $165.65 OWED BY: CALABRESE & SONS INC 165.65 165.65 2 11/16/05 0.00 NOTICE OF FINAL APPEALABLE ORDER ISSUED REGULAR MAIL TO DAVID J. RICHARDS AND CALABRESE & SONS INC. POSTAL CERTIFICATE. DH BY 3 11/10/05 JOURNAL ENTRY FILED, JUDGMENT RENDERED IN FAVOR OF THE DYSON CORP. AND AGINST DEFENDANT CALABRESE & SONS, INC. IN THE SUM OF $40,000.00 WITH INTEREST AND COSTS. SEE ORDER. DH VOL. 1587 PG. 554-555 0.00 4 10/13/05 PLAINTIFF'S MOTrON FOR DEFAULT JUDGMENT, PROOF OF SERVICE, FILED, (ATTY. RICHARDS, JR.), DH 0.00 5 08/26/05 CERTIFIED RETURN RECEIPT #7160 3901 9848 9406 6476 TO CALABRESE & SONS INC. DELIVERY DATE AUG. 24, 2005. RETURNED AND FILED. 0.00 . Dat~,' 01/26/2006 15,08,36 Docket Sheet Page: 2 '. CRTR5925 Detail 05CV001888 DYSON CORPORATION THE VB . CALABRESE & SONS INC . No. Date of Pleadings Filed, Orders and Decrees Journal Book-Page-Nbr Ref Nbr Amount Owed/ Balance Due Amount Dismissed 6 08/22/05 SUMMONS, COPY OF COMPLAINT AND ANY AND ALL ADDITIONAL PLEADINGS LISTED ABOVE, ISSUED BY CERT MAIL RR# 71603901984894066476 TO CALABRESE & SONS INC 0.00 7 08/17/05 COMPLAINT FOR BREACH OF CONTRACT MONEY DAMAGES AND OTHER RELIEF, EXHIBIT A, B, C, D, CASE DESIGNATION SHEET, PRE TRIAL ORDER, FILED. DD ~ 0.00 , 8 01/01/00 C04962 9.35 20051121 2 SU TJ 9 01/01/00 C04962 3.00 20051121 2 C4 TJ 10 01/01/00 C04962 42.65 20051121 2 CL TJ 11 01/01/00 C04962 20.00 20050818 1 P2 TJ 12 01/01/00 C04962 75.00 20050818 1 Pl TJ 13 01/01/00 C04962 10.00 20050818 1 CF TJ 14 01/01/00 C04962 .15 20050818 1 CL TJ 15 01/01/00 C04962 14.85 20050818 1 LA TJ 16 01/01/00 C04962 55.00 20050818 1 DR TJ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 17 01/01/00 974423 9.35 DWORKEN & BERNSTEIN 20051121 0.00 18 01/01/00 CALABRESE & SONS INC RS DWORKEN & BERNSTEIN 60 SOUTH PARK PLACE PAINE8VILLE OH 440773993 165.65 REIMB. OF COSTS 0.00 Totals By: COST ~N'FPRMA1?tON *** End of Report *** L6~. 6~, 165.65 0.00 , Hi n'" i)r-PUTY -!J~\~f\~~n_,;~~ ~ C N () t ~ L tt- 0 C) -n - ~ :.::-3 r - ........ 0 ~ '- t>,j ;.1 ..t::: C> C. _.- '",- Cy'\ , ~ ~ --.'t :0 10 ~- .. ~ p:= - cO') R :e -, - +--- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE DYSON CORPORATION Plaintiff No. (')f- -9{3 vs. CALABRESE & SONS, INC. Defendant Civil Action - Law PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Issue writ of execution in the above matter, (I) directed to the sheriff of Cumberland County; (2) against Calabrese & Sons, Inc. defendant; and (3) against , garnishee; (4) and enter this writ in the judgment index (a) against Calabrese & Sons, Inc., defendant; and C,~;L Y02-~ (b) against , garnishee; as a lis pendens against real property of the defendant in name of garnishee as follows: (5) Amount due Interest from 11/1 0/05 Costs to be added $ 40,000.00 $ $ Jos hE. Al mare Coun laintiff Supreme Court ID #17156 228 E. Central Avenue P.O. Box 373 Titusville, P A 16354 (814) 827-9626 (814) 827-9143 - Fax jaltomar@msn.com S -e I :D P -r \1=-'\ ~ :i --; ~ \tA $,-j \S. ~ (\ L e, ^ v ~ ~ ~-'O... . - If') Q \j \Y (~ r ~. - -\A. l'V \" ~ _ ~ \sU\$ ~ '~'~~~B , I \ ~~ _ CO -: -::. - ~ .. ~:E - ;:.:: ~}t- . -- -n r'.~~ i::.:;< -- c,' " -' . c:-: .. ,-' JOSEPH E. ALTOMARE ATTORNEY AT LAW 228 E, Central A venue P,O, Box 373 Titusville, P A 16354 /~ I"~ /1\ /1\ I ; \ / I \ ~~ Telephone 814-827-9626 Fax 814-827-9143 Email: jaltomar@msn.com Admitted in P A & OH January 12, 2006 Office of the Sheriff Courthouse One Courthouse Square Carlisle, PA 17013 Re: The Dyson Corporation v. Calabrese & Sons, Inc. Gentlemen and Ladies: This letter and the accompanying check is being delivered to you with the service copy of the Writ of Execution issued in the above matter. Please serve the Writ upon the defendant, Calabrese & Sons, Inc., at their business address in Mechanicsburg which I believe to be 406 Brandy Lane. The defendant's telephone number is 717-766-4771. Please levy upon all personal property, including machinery, equipment and vehicles, and provide me a copy of the inventory of the levied items. Please do not hesitate to call me if you have any questions. Many thanks in advance. JEA/ch WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-933 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE DYSON CORPORATION, Plaintiff (s) From CALABRESE & SONS, INC" 406 BRANDY LANE, MECHANICSBURG, P A (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSOANL PROPERTY, INCLUDING MACHINERY, EQUIPMENT AND VEHICLES. (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $40,000.00 Interest FROM 11/10/05 L.L. $,50 Atty's Comm % Atty Paid $203.15 Plaintiff Paid Date: FEBRUARY 16, 2006 Due Prothy $1.00 Other Costs (Seal) /sl a,;,ia/i:!~ ~rob,onotary n ~ ~1 ~ ,t":., 0 / LC€.v.l~ Deputy REQUESTING PARTY: Name JOSEPH E. ALTOMARE, ESQUIRE Address: 228 E, CENTRAL AVENUE p, O. BOX 373 TITUSVILLE, PA 16354 Attorney for: PLAINTIFF Telephone: 814-827-9626 Supreme Court ID No. 17156 , . .' THE DYSON CORPORATION Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : JUDGMENT IN FAVOR OF PLAINTIFF : $40,000.00 : NO, 2006-00933 : ENTERED 2/16/2006 CALABRESE & SONS, INC. Defendant PRAECIPE TO THE PROTHONOTARY: Piease mark the judgment in the above-captioned case, satisfied, Joseph ,AIt Supreme ill No. 228 E, Central Avenue P,O, Box 373 Titusville, PA 16354 Dated: tis rJ /0 &, / / .., . Certificate of Service AND NOW, this ~ day of ~/~~, 2006, I hereby verify that I have caused a true and correct copy of the foregoing Praecipe to be placed in the U.S, Mail, first class, postage prepaid and addressed as follows: Joseph E, Altomare, Esquire 228 E, Central Avenue P,O, Box 373 Titusville, PA 16354 and hand-delivered to: David A. Fitzsimons, Esquire 10 East High Street Carlisle, PA 17013 ltz.1J- Monica D. Z rcher Reager & Adler, P.C, 2331 Market Street Camp Hill, P A 17011 (717) 763-1383 r .. ~ g; v> r1j --0 \ U1 -Q > Q, ..... ::J;,"11 "'r: -ntO "'lCf' ;:::},~ ~~\ ';,~~o /-rn o ~..-\ -.,.. ~ ~ v:> --' Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL $ 18.00 800.00 .50 1.00 8.80 20.00 20.00 1.56 869.86 ( q /I>s}f>l, ....~ ~.~ '~~ Advance Costs: 869.86 Sheriffs Costs: 869.86 $ 000.00 Refunded to Atty on 08/14/06 Q-~' So Answers; r"'~At:~~ R. Thomas Kline, Sheriff 0a.uh-.~ By Claudia A. Brewbaker C3 " -D t: 00 =b 'V , l 93.:1 qUal ~.-'" V1J'~~~~OiH~~t.. "00 ';'~~..'~ "'. .~) {,~CJ 'I.~"t> UL f)S It! I R..u. _ If) '(Dr WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-933 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE DYSON CORPORATION, Plaintiff (s) From CALABRESE & SONS, INC., 406 BRANDY LANE, MECHANICSBURG, PA (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSOANL PROPERTY, INCLUDING MACHINERY, EQUIPMENT AND VEHICLES. (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) Ifproperty 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 $40,000.00 Interest FROM 11/10/05 L.L. $.50 Atty's Comm % Arty Paid $203.15 Plaintiff Paid Date: FEBRUARY 16, 2006 Due Prothy $1.00 Other Costs (Seal) /sf f1h~~ )~. ~ro~onota REQUESTING PARTY: Name JOSEPH E. ALTOMARE, ESQUIRE Address: 228 E. CENTRAL AVENUE P. O. BOX 373 TITUSVILLE, PA 16354 Attorney for: PLAINTIFF Telephone: 814-827-9626 Supreme Court ID No, 17156