On April 19, 2006 a
Party Statement
was filed
involving a dispute between
Taub, Pamela,
Taub , Robert,
and
Blackburn , Theodore,
Tzavaras , Alex,
for DECLARATORY JUDGMENT
in the District Court of Summit County.
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COPY,
q0sSeP Lt Aa 5:01
sci. IN THE COURT OF COMMON PLEAS
Cor Cabs SUMMIT COUNTY, OHIO
ROBERT TAUB CASE NO. CV-2006-04-2563
DBA MLM PROPERTIES,
DBA WMLM PROPERTIES, AND JUDGE BRENDA BURNHAM UNRUH
PAMELA TAUB
Plaintiffs,
Vs.
ALEX TZAVARAS
DBA ALEXANDER
CONSTRUCTION COMPANY
And PRE-TRIAL STATEMENT OF
DEFENDANT. THEODORE E.
THEODORE E. BLACKBURN BLACKBURN, dba BLACKBURN
DBA BLACKBURN MASONRY MASONRY
Defendants,
Comes now the Defendant. Theodore E. Blackburn, and for his Pre-Trial Statement
indicates as follows:
1.) Names / Addresses of witnesses and what they will testify to:
Ryan M. Blackburn
302 S. Main St.
Minerva, OH. 44657
Employees wore t-shirts and hats with Blackburn Masonry printed on them.
He heard both Robert and Pamela Taub state how pleased they were with the
quality of the brick work numerous times.
Blackburn Masonry ceased work after Robert and Pamela Taub failed to sign a
new Sub-contract agreement and pay the amount owed as promised.
Tyler M. Blackburn
8667 Bayard Rd.
Minerva, OH. 44657COPY
Employees wore t-shirts and hats with Blackburn Masonry printed on them.
He heard both Robert and Pamela Taub state how pleased they were with the
quality of the brick work numerous times.
Blackburn Masonry ceased work after Robert and Pamela Taub failed to signa
new Sub-Contract Agreement and pay the amount owed as promised.
Daniel R. Bergman
3551 Whitacre Ave., SE
Minerva, OH. 44657
Employees wore t-shirts and hats with Blackburn Masonry printed on them.
He heard both Robert and Pamela Taub state how pleased they were with the
quality of the brick work numerous times.
Blackburn Masonry ceased work after Robert and Pamela Taub failed to sign a
new Sub-Contract Agreement and pay the amount owed as promised.
Lisa Blackburn
8667 Bayard Rd.
Minerva, OH. 44657
Employees wore t-shirts and hats with Blackburn Masonry printed on them.
Blackburn Masonry received the down payment of $10,800.00 by a check issued
from Alexander Construction Company and not by the Taubs. as stated in
Attorney Cavanaugh’ letter dated February 4, 2005. The Taub’s check for
$10,800.00 was dated October 24, 2004. This was twenty- two days prior to
Blackburn Masonry starting the job and could not possibly have been given to
Theodore Blackburn as he had never met the Taubs before November 15, 2004.
Theodore E. Blackburn was given a sealed envelope by Pamela Taub which he
gave to Alex Tzavaras as Alex had instructed him to do. Blackbur Masonry had
no knowledge of who the check was made payable to or for how much.
When Blackburn Masonry has a signed agreement with a contractor they are
never paid by the homeowner and never discuss what they are charging the
contractor with the homeowner. When Mrs. Taub gave the sealed envelope to Mr.
Blackburn he had no idea that she thought she was paying Blackburn Masonry
directly as this is not the normal procedure.COPY .
nN
Robert Taub telephoned Theodore Blackburn and asked that he continue working
after Alex Tzavaras was fired. He promised to sign a new Sub-Contract
Agreement and to pay the money owed to Blackburn Masonry. Mr. Taub stated
that he could not be at the job sight on December 20, 2004 but would be there the
following day. When he had not shown up on December 21, 2004, Theodore
Blackburn telephoned him that evening. Mr. Taub stated that he had decided that
Blackburn Masonry would have to get their money from Alexander Construction
Company. Blackburn Masonry then went to the job sight on December 22, 2004
and loaded all equipment and cleaned up the job sight and left.
List of Exhibits:
A. Copy of recorded Mechanic’s Lien
B. Copy of signed Subcontract Agreement between Blackburn Masonry and
Alexander Construction Company.
C. Copy of certified letter sent to Plaintiffs and to Co-Defendant with green card
return receipt.
D. Copy of letter received from Attorney Mark Cavanaugh with enclosures.
E. Copy of letters sent by Attorney Gary Willen to Attorney Mark Cavanaugh with
enclosures.
FP. Copy of letters received by Blackburn Masonry from Alex Tzavaras.
Damages:
Counterclaim and Cross-claim: Mechanic’s Lien in the amount of $5,400.00 plus
interest from December 22, 2004 and attorney fees.
Legal issues for the Court:
Court to decide on validity of lien, not the amount, just the procedural validity.
Parties to brief the issue.COPY
Settlement proposal:
Plaintiffs to dismiss their case against Defendant, Theodore E. Blackburn. Plaintiffs
to pay Defendant, Theodore E. Blackburn, $5,400.00 plus interest from December 22,
2004 and attorney fees.
Respectfully submitted,
tb! Matl,
DICK W. MOUNT, JR. (#0037553)
Attorney for Defendant, Theodore E. Blackburn
P.O. Box 182
Minerva, Ohio 44657
(330) 868-7747
CERTIFICATE OF SERVICE
A copy of the foregoing Defendant, Theodore E. Blackburn’s Pretrial Statement was
hand delivered to Attorney for Plaintiffs, Mark A. Cavanaugh and Attorney for
Defendant, Alex Tzavaras, Andrew Jamison at the Pretrial on the 11" day of
September, 2006.
lilt Mab
DICK W. MOUNT, IR. (#0037553)
Attorney for Defendant, Theodore E. Blackburn
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COPY, q0sSeP Lt Aa 5:01 sci. IN THE COURT OF COMMON PLEAS Cor Cabs SUMMIT COUNTY, OHIO ROBERT TAUB CASE NO. CV-2006-04-2563 DBA MLM PROPERTIES, DBA WMLM PROPERTIES, AND JUDGE BRENDA BURNHAM UNRUH PAMELA TAUB Plaintiffs, Vs. ALEX TZAVARAS DBA ALEXANDER CONSTRUCTION COMPANY And PRE-TRIAL STATEMENT OF DEFENDANT. THEODORE E. THEODORE E. BLACKBURN BLACKBURN, dba BLACKBURN DBA BLACKBURN MASONRY MASONRY Defendants, Comes now the Defendant. Theodore E. Blackburn, and for his Pre-Trial Statement indicates as follows: 1.) Names / Addresses of witnesses and what they will testify to: Ryan M. Blackburn 302 S. Main St. Minerva, OH. 44657 Employees wore t-shirts and hats with Blackburn Masonry printed on them. He heard both Robert and Pamela Taub state how pleased they were with the quality of the brick work numerous times. Blackburn Masonry ceased work after Robert and Pamela Taub failed to sign a new Sub-contract agreement and pay the amount owed as promised. Tyler M. Blackburn 8667 Bayard Rd. Minerva, OH. 44657COPY Employees wore t-shirts and hats with Blackburn Masonry printed on them. He heard both Robert and Pamela Taub state how pleased they were with the quality of the brick work numerous times. Blackburn Masonry ceased work after Robert and Pamela Taub failed to signa new Sub-Contract Agreement and pay the amount owed as promised. Daniel R. Bergman 3551 Whitacre Ave., SE Minerva, OH. 44657 Employees wore t-shirts and hats with Blackburn Masonry printed on them. He heard both Robert and Pamela Taub state how pleased they were with the quality of the brick work numerous times. Blackburn Masonry ceased work after Robert and Pamela Taub failed to sign a new Sub-Contract Agreement and pay the amount owed as promised. Lisa Blackburn 8667 Bayard Rd. Minerva, OH. 44657 Employees wore t-shirts and hats with Blackburn Masonry printed on them. Blackburn Masonry received the down payment of $10,800.00 by a check issued from Alexander Construction Company and not by the Taubs. as stated in Attorney Cavanaugh’ letter dated February 4, 2005. The Taub’s check for $10,800.00 was dated October 24, 2004. This was twenty- two days prior to Blackburn Masonry starting the job and could not possibly have been given to Theodore Blackburn as he had never met the Taubs before November 15, 2004. Theodore E. Blackburn was given a sealed envelope by Pamela Taub which he gave to Alex Tzavaras as Alex had instructed him to do. Blackbur Masonry had no knowledge of who the check was made payable to or for how much. When Blackburn Masonry has a signed agreement with a contractor they are never paid by the homeowner and never discuss what they are charging the contractor with the homeowner. When Mrs. Taub gave the sealed envelope to Mr. Blackburn he had no idea that she thought she was paying Blackburn Masonry directly as this is not the normal procedure.COPY . nN Robert Taub telephoned Theodore Blackburn and asked that he continue working after Alex Tzavaras was fired. He promised to sign a new Sub-Contract Agreement and to pay the money owed to Blackburn Masonry. Mr. Taub stated that he could not be at the job sight on December 20, 2004 but would be there the following day. When he had not shown up on December 21, 2004, Theodore Blackburn telephoned him that evening. Mr. Taub stated that he had decided that Blackburn Masonry would have to get their money from Alexander Construction Company. Blackburn Masonry then went to the job sight on December 22, 2004 and loaded all equipment and cleaned up the job sight and left. List of Exhibits: A. Copy of recorded Mechanic’s Lien B. Copy of signed Subcontract Agreement between Blackburn Masonry and Alexander Construction Company. C. Copy of certified letter sent to Plaintiffs and to Co-Defendant with green card return receipt. D. Copy of letter received from Attorney Mark Cavanaugh with enclosures. E. Copy of letters sent by Attorney Gary Willen to Attorney Mark Cavanaugh with enclosures. FP. Copy of letters received by Blackburn Masonry from Alex Tzavaras. Damages: Counterclaim and Cross-claim: Mechanic’s Lien in the amount of $5,400.00 plus interest from December 22, 2004 and attorney fees. Legal issues for the Court: Court to decide on validity of lien, not the amount, just the procedural validity. Parties to brief the issue.COPY Settlement proposal: Plaintiffs to dismiss their case against Defendant, Theodore E. Blackburn. Plaintiffs to pay Defendant, Theodore E. Blackburn, $5,400.00 plus interest from December 22, 2004 and attorney fees. Respectfully submitted, tb! Matl, DICK W. MOUNT, JR. (#0037553) Attorney for Defendant, Theodore E. Blackburn P.O. Box 182 Minerva, Ohio 44657 (330) 868-7747 CERTIFICATE OF SERVICE A copy of the foregoing Defendant, Theodore E. Blackburn’s Pretrial Statement was hand delivered to Attorney for Plaintiffs, Mark A. Cavanaugh and Attorney for Defendant, Alex Tzavaras, Andrew Jamison at the Pretrial on the 11" day of September, 2006. lilt Mab DICK W. MOUNT, IR. (#0037553) Attorney for Defendant, Theodore E. Blackburn