For the recordZZZZZJJJJJJ

For those who have been following the conn case. Here's the latest from the
court concerning the case. It says what I've been saying all along that I was
not responsible personally for conns deposit to the old company. Just more
"proof positive" that zoom and jaun are not credible sources of info. conn has
14 days to respond so I'm just gonna cool my heels and eat turkey and drink a
little ML. I'll post any new news.

Still putting my ducks in a row.

See ya

Chuck S RAH-15/1 ret

"credibility it was always about credibility" chuck s

__________________________________________________ _____________________________

IN THE GARFIELD HEIGHTS MUNICIPAL COURT
CUYAHOGA COUNTY, OHIO

GEORGE R. CONN, JR. Case No.: CVH0300308

Plaintiff,



CGS AVIATION, INC., MAGISTRATE'S DECISION
WITH FINDINGS OF FACT
Defendant. AND CONCLUSIONS OF LAW

This matter came before the Court when Plaintiff filed an Aid in
Execution as well as a Motion to Enforce a Florida judgment against Charles
Slusarczyk. Defendant filed a motion in response to quash the debtor's
exam. Both Plaintiff and Defendant were asked by Magistrate Richard A. Kray
to brief the issue of whether or not Charles Slusarczyk should be held
personally responsible for a judgment rendered in 1984 against CGS
Aviation, Inc.

FINDINGS OF FACT
On December 12,1984 a default judgment in the amount of $2,980.05
was granted in favor of Plaintiff George Conn against Defendant CGS
Aviation, Inc. in Lake County. Florida. On February 3,2003, Plaintiff
transferred this judgment to the Garfield Heights Municipal Court and
proceeded to file an Aid in Execution and Motion to Enforce Judgment
against an officer of CGS Aviation, Inc., Charles Slusarczyk. Plaintiff, in
his brief, indicated Mr. Slusarczyk should be held personally liable
because he was a principle of the corporation and he continued, after the
cancellation of the Articles of Incorporation, to do business as CGS
Aviation. As justification for holding Mr. Slusarczyk personally liable for
this corporate debt. Plaintiff cited two cases which interpret R.C. 1701.88
of the General Corporate Act. Both cases held that when articles of a
corporation are cancelled, the authority of the corporation to do business
ceases and after such termination, officers who carry on new business do so
as individuals and lose the protection of the corporate shield, making them
personally liable for such obligations as they occur.
Defendant, in his response brief, interpreted the cases cited by
Plaintiff to mean that an officer, once the articles of incorporation are
cancelled, loses the protection of the corporate shield if this officer
continues to do business in the corporate name and is personally
responsible for any new debt incurred. Applying this reasoning to the
instant case. Defendant took the position that since the judgment
originally entered in 1984 was against (lie Defendant's Corporation while
it was still in existence and not Mr. Slusarczyk personally, Mr. Slusarczyk
cannot be held responsible for this debt. Mr. Slusarczyk could only be held
responsible for debts incurred under the corporate name after the Articles
of Incorporation were cancelled or if Mr. Slusarczyk personally guaranteed
payment on the original debt and judgment at that time was rendered against
him in the original Complaint. Therefore, any Aid in Execution and Motion
to Enforce Judgment against Mr. Slusarczyk must fail.

CONCLUSIONS OF LAW
CGS Aviation, Inc. was a corporation formed in Michigan in 1979. A
judgment was obtained only against CGS Aviation, Inc. on December 12,1984.
At the time this judgment was obtained, CGS Aviation, Inc. was a valid
corporation in good standing in both Michigan and Ohio. Evidence presented
by the Defendant showed the Corporation dissolved in Michigan on May 15,
1989. The issue before the Court is whether or not, based on Ohio law, a
judgment rendered against a corporate entity can be enforced against an
officer of the now defunct corporation because of Mr. Slusarczyk's active
role in operating CGS Aviation after the cancellation of the Articles of
Incorporation of CGS Aviation, Inc.
The case law which was presented in Plaintiffs brief and which
interprets R.C. Section 1701.88 is clear that officers of a dissolved
corporation can only be liable for debt incurred in the corporate name
after the date of dissolution. Chatman v. Day (Ohio App.2d 1982), 7 Ohio
App.3d 281. Additional cases cited by Plaintiff interpret R.C. Section
1701.88 in the same way and make a determination that if an officer of a
dissolved corporation continues to transact business in the corporate name,
that officer loses the protection afforded by the corporation and must be
held liable for any debt arising out of that transaction. Nabakowski v.
5400 Corp., (Ohio App. 8 Dist. 1986), Allied Pipe Products. Inc. v. Petina,
1988 WL 3741 (Ohio App. 8 Dist. Jan. 14, 1988), Unreported. These three
cases, cited by Plaintiff, held that personal liability does attach, once
the corporation was dissolved, to debts incurred by officers continuing to
use the corporate name.
In the present case, a judgment was taken against CGS Aviation,
Inc. A review of the Plaintiffs initial Complaint shows that the corporate
entity was the only Defendant listed. At no time was there any attempt to
include Mr. Slusarczyk as a party defendant. Whether or not Mr. Slusarczyk
continued doing business as CGS Aviation, Inc. or CGS Aviation after the
cancellation of the Articles of Incorporation is irrelevant. The judgment,
which is the subject of tills case, was obtained before the Articles of
Incorporation were cancelled. Therefore, in keeping with Ohio law, as cited
above, an individual cannot be held liable for this corporate debt. Mr.
Slusarczyk can only be held liable for debts as they occur, after the
cancellation of the corporation. Whether the Defendant agreed, at a later
point in time, to work out a payment on behalf of this corporation on this
debt, does not validate the debt to be assigned to him personally. If
Plaintiff thought Mr. Slusarczyk responsible for this debt, he should have
included this individual in his original complaint against CGS Aviation,
Inc.

DECISION
Based on oral arguments and case law provided to the Court,
Defendant, Charles Slusarczyk's Motion to Quash the Aid in Execution is
granted and Plaintiffs Motion to Enforce Judgment against Charles
Slusarczyk personally is denied.
All objections to the Magistrate's Decision must be filed with the
Clerk of Courts within fourteen (14) days of the filling of this Decision.
If any party timely files objections, any other party may also file
objections not later than ten (10) days after the first objections are
filed. The filing of timely objections shall operate as an automatic stay
of execution of the judgment. A party shall not assign as error on appeal,
the Court's adoption of any finding of fact or conclusion of law unless the
party timely and specifically objects to that finding or conclusion as
required by Civ. R. 53(E)3.


(Signed) Richard A. Kray
Magistrate

11/18/03

On 26 Nov 2003 04:36:07 -0800, ChuckSlusarczyk
wrote:

DECISION
Based on oral arguments and case law provided to the Court,
Defendant, Charles Slusarczyk's Motion to Quash the Aid in Execution is
granted and Plaintiffs Motion to Enforce Judgment against Charles
Slusarczyk personally is denied.
All objections to the Magistrate's Decision must be filed with the
Clerk of Courts within fourteen (14) days of the filling of this Decision.
If any party timely files objections, any other party may also file
objections not later than ten (10) days after the first objections are
filed. The filing of timely objections shall operate as an automatic stay
of execution of the judgment. A party shall not assign as error on appeal,
the Court's adoption of any finding of fact or conclusion of law unless the
party timely and specifically objects to that finding or conclusion as
required by Civ. R. 53(E)3.
++++++++++++++++++++++++++++++++++++++++++++++++++

Say, Chuck...

Did you not offer Conn a settlement years ago,
although none was owed by you then... as now?

Did Zoom get in the middle of that...
and eventually queer that undeserved deal for Conn?


Unka' BOb - lover of dogs, underdogs and justice

ChuckSlusarczyk wrote:

For those who have been following the conn case. Here's the latest from the
court concerning the case. It says what I've been saying all along that I was
not responsible personally for conns deposit to the old company. Just more
"proof positive" that zoom and jaun are not credible sources of info. conn has
14 days to respond so I'm just gonna cool my heels and eat turkey and drink a
little ML. I'll post any new news.

Still putting my ducks in a row.

See ya

Chuck S RAH-15/1 ret

"credibility it was always about credibility" chuck s

Thanks for the update. I didn't realize that this one had reared again.
Does this mean he can't find anybody else (S'NF aside) to try to ****
on? I really do have to hit the archives and catch up.

B.S.

In article , - Barnyard BOb -
writes:


Say, Chuck...

Did you not offer Conn a settlement years ago,
although none was owed by you then... as now?

Did Zoom get in the middle of that...
and eventually queer that undeserved deal for Conn?


Unka' BOb - lover of dogs, underdogs and justice



Maybe Conn should sue ZOOM for interference and queering the deal.

Now that would be justice.


Bob Reed
www.kisbuild.r-a-reed-assoc.com (KIS Builders Site)
KIS Cruiser in progress...Slow but steady progress....

"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)

In article , ChuckSlusarczyk
writes:


For those who have been following the conn case. Here's the latest from the
court concerning the case. It says what I've been saying all along that I was
not responsible personally for conns deposit to the old company. Just more
"proof positive" that zoom and jaun are not credible sources of info. conn
has
14 days to respond so I'm just gonna cool my heels and eat turkey and drink a
little ML. I'll post any new news.

Still putting my ducks in a row.

See ya

Chuck S RAH-15/1 ret

"credibility it was always about credibility" chuck s



Good for you Chuck! Happy Thanksgiving and one hell of a Merry Christmas.


Bob Reed
www.kisbuild.r-a-reed-assoc.com (KIS Builders Site)
KIS Cruiser in progress...Slow but steady progress....

"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)

"Ben Sego" wrote in message
...

Thanks for the update. I didn't realize that this one had reared again.
Does this mean he can't find anybody else (S'NF aside) to try to ****
on? I really do have to hit the archives and catch up.

And now Sun-n-Fun wants to expand to be a year-round draw. Wonder what
Zoom's response will be. Here's the story from the Orlando Sentinal:

Aviation fans want to expand in Polk

By Christopher Sherman | Sentinel Staff Writer
Posted November 23, 2003


Organizers of Polk County's Sun 'n Fun Experimental Aircraft Association
Fly-In want to make that aviation event the best in the world and capitalize
on the fly-in's fame to attract visitors to the group's other programs
throughout the year.

In its nearly three decades, the fly-in at Lakeland Linder Regional Airport
has grown in size and reputation, offering aviation fans and newcomers a
chance to buy, sell, study or just look at a variety of aircraft. A recent
University of South Florida-Lakeland study put its annual economic impact at
$27.4 million and suggested it still has plenty of room to grow.

"We want to be the aviation event of choice in the world," said John Burton,
Sun 'n Fun Inc. president. "If we strive to offer the best, the numbers will
take care of themselves."

Those attendance numbers have been the subject of debate in recent years,
spurring Sun 'n Fun to commission the study in search of credible figures.

Investigators estimated last year's fly-in had 57,000 visitors, many of whom
visited more than once and boosted the count of people passing through the
gates to 160,000.

The attendance figures were a launching pad for the real question of
economic impact for the seven-day event that draws pilots, vendors and the
curious.

The best way to capitalize on an event with that kind of name recognition
and drawing power is to try to extend its benefits beyond just a week every
spring, the study concluded.

"When you do something that has a $27 million impact [in Polk County], that
is huge," said Jack Walters, director of the school's College of Business
Administration, who led the study. "They would like to develop a larger
calendar of events throughout the year to leverage the high visibility of
the event."

That is in line with Sun 'n Fun's strategic plan, Burton said.

Sun 'n Fun recognized years ago that it was not using all of its assets by
hosting an event only one week out of the year, said Burton, who was hired
to expand the organization from the fly-in to a year-round operation.

The organization is expanding the fly-in's core with year-round workshops
and seminars, and by providing outreach programs to the public.

A monthly Aviation Expressions lecture series during the fall and winter is
drawing a good crowd as well, Burton said.

Christopher Sherman can be reached at or
863-422-3395.

On Wed, 26 Nov 2003 18:28:59 GMT, "Gerry Caron" wrote:

"Ben Sego" wrote in message
...

Thanks for the update. I didn't realize that this one had reared again.
Does this mean he can't find anybody else (S'NF aside) to try to ****
on? I really do have to hit the archives and catch up.

Conceivably, he could amend his current SnF case to include his old
"conspiracy to defame" chestnut, and again name a batch of random
co-defendants, a'la his RAH-15 countersuit.

And now Sun-n-Fun wants to expand to be a year-round draw. Wonder what
Zoom's response will be. Here's the story from the Orlando Sentinal:

Stuff like this could be why Zoom finally hit SnF with a second suit...too
many aviation events are taking advantage of the SnF facility, and he's
thus banned from all of them.

After the initial flurry of activity on his current suit, the Polk County
Clerk web page hasn't shown any activity on that case in the last two
months. It looks to me that SnF has yet to file a response to Campbell's
interrogatories. This may mean SnF just has the case on a back burner, but
it may indicate there's some negotiations going on for an out-of-court
settlement.

Campbell would probably settle for the right to be re-admitted to SnF. It
would probably be the most cost-effective way for SnF to settle this case.
But then, they'd probably have to go through the whole process again in a
couple of years....

Ron Wanttaja

In article , - Barnyard BOb -
says...

Say, Chuck...

Did you not offer Conn a settlement years ago,
although none was owed by you then... as now?

Did Zoom get in the middle of that...
and eventually queer that undeserved deal for Conn?


Unka' BOb - lover of dogs, underdogs and justice

Yeah after about 10 or 11 years since I had any contact with conn he surfaced
and started making demands and threats. He said he would "expose" me to the
aviation press if I didn't pay up. To make a long story short I didn't want to
give zoom any ammo and I thought it would be a good public relations act if I
worked some kind of refund for him .I didn't legally have to do it and told both
conn and zoom that. I was being blackmailed but I tried to turn a lemon into
lemonade.

My offer was to refund the original deposit or put the original deposit plus
interest toward a new kit. Conn would have had to ante up about $4000
difference. conn then said I should give him a kit at my cost and that he
shouldn't have to pay anything. That's when Tony got involved ,then zoom got
involved and the big zoom expose on me was published.

After my name was smeared in zooms magazine and his web site I felt that doing
anything for conn was pointless.I basically felt I was being blackmailed and
when zooms article was published both in his magazine and on his web site I said
what can I gain at this point by trying to help conn out. They took their shot
and conn still wanted a plane as well.

I had no legal obligation towards conn and since he and zoom blew the deal I
wasn't going to give conn a nickle. zoom queered the deal for conn and now conn
is out and has zoom to thank for it. Soon I'll be taking steps to seek relief
from zoom ,conn and jaun for actions over the years trying to hurt me
financially and personally but thats in the future. I got a few more ducks to
get in a row before I make that move. I don't like to make threats but they'll
know it when it happens.

See ya Unka Bob

neefoo Chuck RAH-15/1 ret

"vengence is mine sayeth the Lord, but I don't want vengence ,I want Justice.."

In article , RobertR237 says...
Good for you Chuck! Happy Thanksgiving and one hell of a Merry Christmas.


"Ladies and Gentlemen, take my advice,
pull down your pants and Slide on the Ice!"
(M.A.S.H. Sidney Freedman)

Thank you kindly Robert , I will have a very Happy Thanksgiving . As far as
Christmas goes I'm not sure but it's looking good so far.Apology's to Top Gun
:-)

See ya
Happy Thanksgiving

Chuck(honest I'm not a Turkey,I just play one on TV) S

In article , Ron Wanttaja says...
Campbell would probably settle for the right to be re-admitted to SnF. It
would probably be the most cost-effective way for SnF to settle this case.
But then, they'd probably have to go through the whole process again in a
couple of years....

I'd sure be disappointed if they settle with him.It will only be a matter of
time before he acts up again.

See ya

Chuck S RAH-15/1 ret