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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2022-07-13
Status INACTIVE
Type Commercial Docket
Docket 82 entries

Parties

Plaintiff Caterpillar Financial Services Corporation
Defendant Proterra Inc|Jonathan Varcelli|Michael Zychowski|Joseph Michael Frato Sr|Collinwood Iron & Metal Recycling And Salvage, Inc.
Photo of Hon. MICHAEL J RUSSO

Judge

Hon. MICHAEL J RUSSO

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. OTICE AND REQUEST FOR HEARING.
  2. OURT COST ASSESSED CATERPILLAR FINANCIAL SERVICES CORPORATION BILL AMOUNT 434.6 PAID AMOUNT 250 AMOUNT DUE 184.6
  3. ERTIFICATE OF JUDGMENT FILED IN LAKE COUNTY COMMON PLEAS COURT ON 03/06/2023. SEE CASE 23 JL 001558
  4. ERTIFICATE OF TRANSFER ISSUED TO LAKE COUNTY COMMON PLEAS COURT.
  5. EPOSIT AMOUNT PAID THOMPSON & HINE, L.L.P.
  6. UDGMENT AMT: $346,660.93 RENDERED BY: CP CUYAHOGA ORIGINATING CASE NO.: CV22966050 JUDGMENT LIEN CASE#: JL23142827 CREDITOR: CATERPILLAR FINANCIAL SERVICES CORPORATION DEBTOR: PROTERRA INC,MICHAEL ZYCHOWSKI , JONATHAN VARCELLI INTEREST AT: 5% INTEREST FROM DATE: 01/24/2023 COSTS: JUDGMENT DATE: 01/24/2023 DOCKET (JOURNAL): IMAGE PAGE: IMAGE TIME FILED: 02/09/2023 15:33:50 LIEN COST: 25 PAID BY: THOMPSON & HINE, L.L.P. SERIAL NUMBER: ACCOUNT NUMBER:
  7. MOTION FOR DEFAULT JUDGMENT, FILED 12/20/2022, IS GRANTED. ORDER GRANTING DEFAULT JUDGMENT. OSJ. FINAL. COURT COST ASSESSED TO THE PLAINTIFF(S). THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  8. ERTIFIED MAIL RECEIPT NO. 49098053 RETURNED 12/20/2022 FAILURE OF SERVICE ON DEFENDANT ZYCHOWSKI/MICHAEL/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  9. OTICE OF TELEPHONE HEARING ON MOTION FOR DEFAULT JUDGMENT FILED MATTHEW J. KERSCHNER (0096902)
  10. OTION FOR DEFAULT JUDGMENT FILED MATTHEW J. KERSCHNER (0096902) 01/24/2023 - GRANTED
  11. EFAULT HEARING PREVIOUSLY SCHEDULED FOR 12/21/2022 AT 11:30 AM IS RESCHEDULED FOR 01/24/2023 AT 11:00 AM (Notice Sent).
  12. EFAULT HEARING SCHEDULED FOR 12/21/2022 AT 11:30 AM IS CANCELLED. ATTORNEY: MATTHEW J. KERSCHNER (0096902) REASON: PLAINTIFF NEEDS ADDITIONAL TIME. (notice sent).
  13. THE CLERK OF COURTS IS ORDERED TO COMPLY WITH THE PRECIPE FILED BY PLAINTIFF ON 11/15/2022 AND ISSUE SERVICE BY ORDINARY (REGULAR) MAIL IN ACCORDANCE WITH CIV.R.4.6(D). THE COURT EXPECTS PROMPT COMPLIANCE WITH THIS ORDER. IT IS NOT UP TO THE CLERK TO DETERMINE LEGAL ISSUES RELATING TO SERVICE. CLERK TO REISSUE SERVICE PROPERLY BY 4:30 P.M. ON 11/18/2022. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  14. PRE-TRIAL HELD; COUNSEL FOR PLAINTIFF PARTICIPATING, NEITHER DEFENDANT VARCELLI NOR DEFENDANT ZYCHOWSKI PARTICIPATED. PLAINTIFF TO CONTINUE SERVICE ATTEMPTS. DEFAULT HEARING SET FOR 12/21/2022 AT 11:30 AM. PLAINTIFF'S COUNSEL SHALL PROVIDE BEFORE THE HEARING: A PROPOSED JUDGMENT ENTRY, AN AFFIDAVIT OF DAMAGES, AND A COPY OF THE LETTER SENT TO THE DEFENDANT(S) NOTIFYING THEM OF THE HEARING. SAID LETTER SHALL BE SENT BY ORDINARY MAIL. FAILURE OF PLAINTIFF'S COUNSEL TO FILE A WRITTEN MOTION FOR DEFAULT OR TO PROVIDE THE REQUIRED DOCUMENTS BY THE TIME OF THE HEARING WILL RESULT IN THE COURT DISMISSING THE CASE. THESE ITEMS MAY BE FILED OR E-MAILED TO THE STAFF ATTORNEY AT [email protected]. DEFAULT HEARING WILL BE HELD BY TELEPHONE UNLESS OTHER ARRANGEMENTS ARE MADE AT LEAST ONE WEEK IN ADVANCE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  15. UMS COMPLAINT(49122826) SENT BY REGULAR MAIL SERVICE. TO: MICHAEL ZYCHOWSKI 1571 WINCHESTER STREET LAKEWOOD, OH 44107-0000 ANSWER DATE: 12/16/2022
  16. UMMONS E-FILE COPY COST
  17. RIT FEE
  18. UMS COMPLAINT(49098054) SENT BY REGULAR MAIL SERVICE. TO: JONATHAN VARCELLI 9476 STONE MILL DRIVE MENTOR, OH 44060-0000 ANSWER DATE: 12/14/2022
  19. UMS COMPLAINT(49098053) SENT BY CERTIFIED MAIL. TO: MICHAEL ZYCHOWSKI 1571 WINCHESTER AVENUE LAKEWOOD, OH 44107-0000
  20. RIT FEE
  21. RIT FEE
  22. NSTRUCTION FOR SERVICE ON DEFENDANTS BY ORDINARY MAIL FILED. FILED.
  23. PON NOTICE BY THE PLAINTIFF, EFFECTIVE 11/08/2022, ALL CLAIMS AGAINST DEFENDANTS JOSEPH MICHAEL FRATO, SR. AND COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC., ONLY, ARE DISMISSED WITHOUT PREJUDICE PURUSANT TO CIV. R. 41(A). PARTIAL. THIS ENTRY TAKEN BY JUDGE JANET R BURNSIDE. NOTICE ISSUED
  24. OTICE FILED BY P1 CATERPILLAR FINANCIAL SERVICES CORPORATION ATTORNEY JEREMY M. CAMPANA 0074541 NOTICE OF VOLUNTARY DISMISSAL AS TO DEFENDANTS JOSEPH MICHAEL FRATO, SR. & COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC.
  25. ERTIFIED MAIL NUMBER 48067560 ADDRESSED TO JONATHAN VARCELLI(D2) NOT RETURNED BY THE U.S. POSTAL SERVICE AFTER 60 DAYS. NOTICE MAILED TO PLAINTIFF(S) ATTORNEY.
  26. PRE-TRIAL HELD; COUNSEL FOR ALL PARTIES PARTICIPATING. ISSUES DISCUSSED, DISCOVERY IS ONGOING. TELEPHONE CONFERENCE SET FOR 11/15/2022 AT 11:30 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591 OR DISTRIBUTE A CONFERENCE NUMBER IN ADVANCE. NOTICE ISSUED
  27. ERTIFIED MAIL RECEIPT NO. 48085904 RETURNED 8/11/2022 FAILURE OF SERVICE ON DEFENDANT ZYCHOWSKI/MICHAEL/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  28. MOTION FOR ORDER OF POSSESSION., FILED 07/13/2022, IS GRANTED. OSJ. NOTICE ISSUED
  29. CASE CALLED FOR REPLEVIN HEARING; COUNSEL FOR PLAINTIFF AND DEFENDANTS FRATO AND COLLINWOOD PARTICIPATING. MOTION FOR REPLEVIN GRANTED BY SEPARATE ENTRY. TELEPHONE CONFERENCE SET FOR 09/13/2022 AT 11:30 AM. THE PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE COURT AT 216.443.8591 OR DISTRIBUTE A CONFERENCE NUMBER IN ADVANCE. NOTICE ISSUED
  30. ERTIFIED MAIL RECEIPT NO. 48067561 RETURNED 8/1/2022 FAILURE OF SERVICE ON DEFENDANT ZYCHOWSKI/MICHAEL/ - UNCLAIMED NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  31. AILED POSTCARD RESEND OM(48190220) SENT BY REGULAR MAIL SERVICE. TO: COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. C/O DHP LANDERBROOK, INC 6105 PARKLAND BLVD., SUITE 100 CLEVELAND, OH 44124-0000
  32. AILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. AND RESENT OUT BY ORDINARY MAIL.
  33. SPS RECEIPT NO. 48085905 DELIVERED BY USPS 07/20/2022 FRATO SR/JOSEPH/MICHAEL PROCESSED BY COC 07/27/2022.
  34. SPS RECEIPT NO. 48085903 DELIVERED BY USPS 07/21/2022 VARCELLI/JONATHAN/ PROCESSED BY COC 07/27/2022.
  35. SPS RECEIPT NO. 48085902 DELIVERED BY USPS 07/20/2022 PROTERRA INC PROCESSED BY COC 07/27/2022.
  36. SPS RECEIPT NO. 48067563 DELIVERED BY USPS 07/21/2022 COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. PROCESSED BY COC 07/27/2022.
  37. SPS RECEIPT NO. 48067559 DELIVERED BY USPS 07/20/2022 PROTERRA INC PROCESSED BY COC 07/27/2022.
  38. REPLEVIN HEARING REMAINS SET AS FOLLOWS: REPLEVIN HEARING SET FOR 08/02/2022 AT 10:00 AM. REPLEVIN HEARING TO BE HELD BY TELEPHONE. ALL PARTIES ARE TO JOIN ONE LINE AND THEN CALL THE STAFF ATTORNEY AT 216.443.8591 AT THE TIME OF THE HEARING OR PROVIDE A CONFERENCE NUMBER TO THE STAFF ATTORNEY IN ADVANCE. IF THE CALL IS UNANSWERED, THE PARTIES SHOULD CONTINUE TO CALL UNTIL THE COURT IS ABLE TO ANSWER. IF THE PARTIES DO NOT CALL AS DIRECTED, THE COURT WILL CONSIDER IT A NON-APPEARANCE AND THE CASE MAY BE DISMISSED OR SET FOR EX PARTE TRIAL. LITIGANTS WHO PLAN TO REPRESENT THEMSELVES OR HAVE NOT YET HIRED AN ATTORNEY MAY CONTACT THE STAFF ATTORNEY AT ANY TIME TO INQUIRE ABOUT THE COURT PROCESS AND TO MAKE ARRANGEMENTS TO APPEAR. THE STAFF ATTORNEY CAN BE CONTACTED AT [email protected] OR 216.443.8591. DEFENDANTS IN DEBT COLLECTION CASES MAY CONTACT THE COURT RESOURCE CENTER AT 216.443.8204 OR [email protected] FOR ADDITIONAL ASSISTANCE. LITIGANTS NEED NOT PARTICIPATE IF THEY ARE REPRESENTED BY COUNSEL. FAILURE OF PRO SE PLTF OR PLTF'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN ACTION BEING DISMISSED. FAILURE OF PRO SE DEFT OR DEFT'S COUNSEL TO PARTICIPATE OR APPEAR AT THIS OR ANY COURT DATE OR TO FOLLOW ANY COURT ORDER WILL RESULT IN COURT HOLDING EX PARTE TRIAL OR WILL RESULT IN ENTRY OF DEFAULT JUDGMENT. JUDGE MICHAEL J. RUSSO'S STANDING ORDERS AND LITIGATION PREFERENCES ARE AVAILABLE ON HIS PROFILE ON THE COURT'S WEBSITE. THE PARTIES ARE EXPECTED TO HAVE COMPLIED WITH THE PRE-TRIAL DISCLOSURES REQUIRED BY CIV. R. 26 PRIOR TO THE FIRST PRE-TRIAL. FAILURE TO COMPLY WITH CIV.R 26 WILL RESULT IN THE COURT SETTING A DISCOVERY HEARING WITH THE POSSIBILITY OF DISMISSAL OR DEFAULT JUDGMENT FOR FAILING TO COMPLY. THE PARTIES MAY REQUEST ORAL ARGUMENT OR FORMAL HEARING ON ANY MATTER BY CONTACTING THE STAFF ATTORNEY. ANY COURT DATE MAY BE HELD IN PERSON, BUT THE PARTIES MUST MAKE ARRANGEMENTS IN ADVANCE BY CONTACTING THE STAFF ATTORNEY. NOTICE ISSUED
  39. OTICE OF APPEARANCE, FILED P1 CATERPILLAR FINANCIAL SERVICES CORPORATION MATTHEW J. KERSCHNER 0096902. NOTICE OF APPEARANCE
  40. ENERAL PLEADING FILED BY DEFENDANT(S) JOSEPH MICHAEL FRATO(D4) and COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC.(D5) ATTORNEY JONATHAN P. BLAKELY 0042550 REQUEST FOR HEARING
  41. OTICE OF APPEARANCE, FILED DEFENDANT(S) JOSEPH MICHAEL FRATO(D4) and COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC.(D5) JONATHAN P. BLAKELY 0042550. NOTICE OF APPEARANCE
  42. AILED POSTCARD RESEND OM(48122114) SENT BY REGULAR MAIL SERVICE. TO: COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. C/O DHP LANDERBROOK, INC 6105 PARKLAND BLVD., SUITE 100 CLEVELAND, OH 44124-0000
  43. ERTIFIED MAIL RECEIPT NO. 48085906 RETURNED 7/20/2022 FAILURE OF SERVICE ON DEFENDANT COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. - UNABLE TO FORWARD NOTICE MAILED TO PLAINTIFF(S) ATTORNEY
  44. UDGE DEENA R CALABRESE (357) REMOVED - TRANSF'D TO COMMERCIAL DOCKET. CASE REASSIGNED TO MICHAEL J RUSSO (341) (RANDOM). NOTICE ISSUED
  45. AILURE OF SERVICE WITH ADDRESS CHANGE PROVIDED BY THE POST OFFICE FOR COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. AND RESENT OUT BY ORDINARY MAIL.
  46. SPS RECEIPT NO. 48067562 DELIVERED BY USPS 07/16/2022 FRATO SR/JOSEPH/MICHAEL PROCESSED BY COC 07/20/2022.
  47. UMS COMPLAINT(48085906) SENT BY CERTIFIED MAIL. TO: COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. C/O DHP LANDERBROOK, INC., R/A 5910 LANDERBROOK DRIVE, STE 200 CLEVELAND, OH 44124-0000
  48. UMS COMPLAINT(48085905) SENT BY CERTIFIED MAIL. TO: JOSEPH MICHAEL FRATO SR 38455 CHIMNEY RIDGE TRAIL WILLOUGHBY HILLS, OH 44094-0000
  49. UMS COMPLAINT(48085904) SENT BY CERTIFIED MAIL. TO: MICHAEL ZYCHOWSKI 1571 WINCHESTER STREET LAKEWOOD, OH 44107-0000
  50. UMS COMPLAINT(48085903) SENT BY CERTIFIED MAIL. TO: JONATHAN VARCELLI 9476 STONE MILL DRIVE MENTOR, OH 44060-0000
  51. UMS COMPLAINT(48085902) SENT BY CERTIFIED MAIL. TO: PROTERRA INC C/O MICHAEL ZYCHOWSKI, REG. AGENT 16569 SAINT CLAIR AVE CLEVELAND, OH 44110-0000
  52. RIT FEE
  53. RIT FEE
  54. RIT FEE
  55. RIT FEE
  56. RIT FEE
  57. UMS COMPLAINT(48067563) SENT BY CERTIFIED MAIL. TO: COLLINWOOD IRON & METAL RECYCLING AND SALVAGE, INC. C/O DHP LANDERBROOK, INC., R/A 5910 LANDERBROOK DRIVE, STE 200 CLEVELAND, OH 44124-0000
  58. UMS COMPLAINT(48067562) SENT BY CERTIFIED MAIL. TO: JOSEPH MICHAEL FRATO SR 38455 CHIMNEY RIDGE TRAIL WILLOUGHBY HILLS, OH 44094-0000
  59. UMS COMPLAINT(48067561) SENT BY CERTIFIED MAIL. TO: MICHAEL ZYCHOWSKI 1571 WINCHESTER STREET LAKEWOOD, OH 44107-0000
  60. UMS COMPLAINT(48067560) SENT BY CERTIFIED MAIL. TO: JONATHAN VARCELLI 9476 STONE MILL DRIVE MENTOR, OH 44060-0000
  61. UMS COMPLAINT(48067559) SENT BY CERTIFIED MAIL. TO: PROTERRA INC C/O MICHAEL ZYCHOWSKI, REG. AGENT 16569 SAINT CLAIR AVE CLEVELAND, OH 44110-0000
  62. NSTRUCTION FOR SERVICE ON COMPLAINT FOR BREACH OF CONTRACT AND RECOVERY OF SPECIFIC PERSONAL PROPERTY AND OTHER RELIEF (REPLEVIN). FILED. SERVICE REQUEST SUMMONS BY CERTIFIED MAIL TO THE DEFENDANTS.
  63. URSUANT TO SUPERINTENDENCE RULE 49.07(C), THIS CASE IS REFERRED TO THE ADMINISTRATIVE AND PRESIDING JUDGE FOR ASSIGNMENT TO THE COMMERCIAL DOCKET. NOTICE ISSUED
  64. OTICE AND REQUEST FOR HEARING.
  65. ERTIFICATION OF COUNSEL .
  66. RIT FEE
  67. RIT FEE
  68. RIT FEE
  69. RIT FEE
  70. RIT FEE
  71. EPLEVIN HEARING SCHEDULED FOR 08/02/2022 AT 9:00AM.
  72. UDGE DEENA R CALABRESE ASSIGNED (RANDOM)
  73. EGAL RESEARCH
  74. EGAL NEWS
  75. EGAL AID
  76. OURT SPECIAL PROJECTS FUND
  77. OMPUTER FEE
  78. LERK'S FEE
  79. EPOSIT AMOUNT PAID THOMPSON & HINE, L.L.P.
  80. ASE FILED
  81. OTION FOR ORDER OF POSSESSION. 08/04/2022 - GRANTED
  82. OMPLAINT FOIR BREACH OF CONTRACT AND RECOVERY OF SPECIFIC PERSONAL PROPERTY AND OTHER RELIEF (REPLEVIN) FILED. SERVICE REQUEST - SUMMONS BY CERTIFIED MAIL TO THE DEFENDANT(S).

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