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HomeMy WebLinkAbout07-3144PETRIKIN, WELLMAN, DAMICO, BROWN & PETROSA By: H. Fintan McHugh, Esquire Attorney I.D. No. 82097 Attorney for Plaintiff The William Penn Building 109 Chesley Drive Media, PA 19063 f610) 565-2670 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SIMON PROPERTY GROUP, LIMITED PARTNERSHIP 225 W. Washington Street Indianapolis, IN 46204 Plaintiff v. WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) Chambersburg, PA 17201 Defendant NO. 2007 - 3141 (.,:IVY l.~c~-~ y PRAECIPE PROTHONOTARY: Enter judgment against Defendant, Wireless World of PA, Inc., in the amount of $37,485.12 in accordance with the attached, exemplified copy under triple seal of the Judgment at Docket /Cause No. 2007 - 5299 of the Delaware County Court of Common Pleas, Pennsylvania (attached hereto as Exhibit "A"), and index the Judgment against said Defendant. Respectfully Submitted, PETRIKIN, WELLMAN, DAMICO, BROWN & P`E-T~ROSA ~ j H. FINTAN~MCHUGH, ESQUIRE Attorney for Plaintiff PETRIKIN, WELLMAN, DAMICO, BROWN 8~ PETROSA By: H. Fintan McHugh, Esquire Attorney I.D. No. 82097 Attorney for Plaintiff The William Penn Building 109 Chesley Drive Media, PA 19063 (610) 565-2670 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SIMON PROPERTY GROUP, LIMITED PARTNERSHIP 225 W. Washington Street Indianapolis, IN 46204 NO. 2007 - 31 tly Plaintiff / v. WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) : Chambersburg, PA 17201 : Defendant AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE SS I, H. Fintan McHugh, Esquire, being duly sworn according to law, deposes and says: 1. I am the attorney for the Plaintiff /judgment creditor in the above captioned matter. 2. I am authorized to make this Affidavit on Plaintiff's behalf. 3. The address of the Plaintiff is 225 W. Washington Street, Indianapolis, IN 46204. 4. The last known addresses of the Defendant /judgment debtor, Wireless World of PA, Inc., are (1) 3055 Black Gap Rd., (Chambersburg Mall), Chambersburg, PA 17201; (2) 90 E. High Street, Carlisle, PA 17013; and (3) 3506 Capital City Mall Drive, Camp Hill, PA 17011. 5. The judgment reflected by the Judgment at Docket /Cause No. 2007 - 5299 of the Delaware County Court of Common Pleas, Pennsylvania is in the amount of $37,485.12, and is valid, enforceable and unsatisfied. H. FINTAN MCHUGH, ESQUI Sworn to and Subscribed before me this o~~ ~ day of M ~~ , 2007. Notary P lic '~- --~~MONWEALTN OF PENN8YLVANIA Nofar~l Seal Alyson N. L y~~ Nary Public s ~iether Provkience Twp., Delaware county _'~Y Conxnfssbn E~ires.lune 1,2010 Member, Pennsylvania Association of Notaries CERTIFICATE OF SERVICE I, H. Fintan McHugh, Esquire, hereby certify that on the date set forth below, I served a copy of the foregoing pleading first class mail upon the following: WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) Chambersburg, PA 17201 PETRIKIN, WELLMAN, DAMICO, BROWN & PETROSA Date: S` ~i` ~ O 1 BY: lam, ~-~. C H. FINTA MCHUGH, ESQUI Attorney for Plaintiff PETRIKIN, WELLMAN, DAMICO, BROWN ~ PETROSA By: H. Fintan McHugh, Esquire Attorney I.D. No. 82097 Attorney for Plaintiff The William Penn Building 109 Chesley Drive Media, PA 19063 (610) 565-2670 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SIMON PROPERTY GROUP, LIMITED PARTNERSHIP 225 W. Washington Street Indianapolis, IN 46204 Plaintiff v. WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) Chambersburg, PA 17201 Defendant TO: WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) Chambersburg, PA 17201 NOTICE NO. 2007 - 31~~ C i v <<,~~~ Pursuant to Pa.R.C.P. 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. / / Judgment by Default / X / Money Judgment $37,485.12 / / Judgment on Award of Arbitrators / / Judgment on Verdict $ / / Judgment by Confession for damages of $ ~' Copies of the pleadings in this matter are enclosed. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: H. FINTAN MCHUGH, ESQUIRE at this telephone number: 610 -565-2670 Pr honota COMMONWEALTH OF PENNSYLVANIA ' ' ` ss: ACT OF CONGRESS County of Delaware I, DEBORAH L. GASTON, Director of the Office of Judicial Support (Prothonotary and Clerk of Courts) of Delaware County, Pennsylvania, do hereby certify that the above and foregoing pages are a true and correct transcript of the whole record of the case therein set out as full, complete, and entire as the same remains on file in said Court. In testim n hereof, I have hereunto set my hand and affixed the seal of my said Office at Media, this - day of 2007. Director COMMONWEALTH OF PENNSYLVANIA ss: County of Delaware I, EDWARD J. ZETUSKY, JR., President Judge of the Thirty Second Judicial District of Pennsylvania and Judge of the Court of Common Pleas in and for the County of Delaware, Pennsylvania, do certify that DEBORAH L. GASTON, by whom the annexed record, certification, and attestation were made and given and who in her own proper handwriting has hereunto subscribed her name and affixed her official seal, was, at the time of so doing, and now is Director of the Office of Judicial Support (Prothonotary and Clerk of Courts) of the Court of Common Pleas in and for the County of Delaware, duly commissioned and qualified; that to all of her acts, as such, full faith and credit are and ought to be given as well in courts of judicature as elsewhere; and that the said record, certificate, and attestation are in due form of law and made by the proper officer. In testimony whereof, I have hereunto set my hand a~,A~+ edia, this %~~-~-days of ~~r L.G~~- 2007. Judge COMMONWEALTH OF PENNSYLVANIA . ss: County of Delaware I, DEBORAH L. GASTON, Director of the Office of Judicial Support (Prothonotary and Clerk of Courts) of Delaware County, Pennsylvania, do certify that the Honorable EDWARD J. ZETUSKY, JR., by whom the foregoing attestation was made, and who has hereunto subscribed his name, was at the time of the making thereof, and still is, President Judge of the Court of Common Pleas, in and for the County of Delawaze, Pennsylvania, duly commissioned and qualified, to all of whose acts, as such, full faith and credit are and ought to be given, as well in courts of judicature as elsewhere. In tes ' y whereof, I ha a ereunto set my hand and affixed the seal of my said Office at Media, this ---~~day °f 2007. Director OI'I•'IC) OI' JTJBICIAL SUFFOP.T P.UN DAT2; 05/09/2007 '' COUNTY Or DI;LAWAP.I; FAGI; 0 7- 0 0 5 2 9 9 1 SIASO~d FROFI;P.TI' GP.OLTF LIi`iITID FTP.SIIF E%Er~LIFICATION `T~ STATE OF PENNSYLVANIA W I R I; L I S S W 0 P. L D 0 r F A I N C CODRT OF COMMON PLEAS COIINTY OF DELAWARE: SS ;~ a. a' :~ .rrC :' )~ ;~ .~C `'G a. .~. ,~. :'C `"' ;'C .mot ;~ 3C 4~ .a. .. .r, a .~ ,~~.,. FLAINTII•'I'S CERTIFIED A TRUE AND CORRECT C P FROM TH - R CORD SIMON FROFI;P.TI' GROUF LIMITRD FTP.SIIP ATTY-082097 AiCIIUGII, II rINTAN THIS DAY 0(= .D.~ DI;I'I;NDANTS DEBOP. _,_ ~ ~,_GAST ___N _ IR_LCTOR WIRI;LBSS WOP.LD OI' FA INC OAF 'i= JUD` IA SUPP R ATTY - FP.4 S1; 3055 BLACK GAF P.D CIIAI~iBLP.SBUP.G, FA 17201 y ~ a. .4 n ;i it' n~' '~ .~' ~' .x ~: ~ n n ;~{ ;~{ ;1" viC '~' '~C' ' ti' n F'CRI;IGitiT JL'BGI~i1~dT :!: ;~~. ~°C :: .Y ;: ;Y k ; °.C ::~ ~ ;°. °i. °k ~. yam. :k :!;~'. 0 5{08/2007 2:53 F $29 .25 ADDP.I;SS D>I'T • 3055 BLACK GAP P.B CIIAMBRRSBU RG FA FLTF: 225 W WASIIINGTON STP.1;);T INDIANAFOLIS IN 05{08/2007 2:53 F FP.AI;CIFI I''OP. JUDGI~i1;NT 1NTI;R>;D AGAINST DI;I'BNBANT w'IP.I;LBSS WOP.LB OI' FA IN TII); AMOUNT OI' $37485.12 P'P.OM MAP.ION COUNTY SUFI;P.IOP. COUP.T INDIANA TERM NO 49D02-0606-FL-022419 P'ILI;D ALL PILINGS AP.1; LISTED I'{ a a ~ .~, a a; ;Y .'~C }'.' n ~ ~ ;'C ;ti iC ~ ~ ;°~' ?°, n .~ ;y `'iC ~: :'{ - D N D O r D O C Uri B N T - JIID(~NT IS ENTERED IN TAE AMODNT OF $37,485.12 IN FAVOR OF THE PL (S) AND AGA T THE DEFT. (S) CERTIFIED A TRITE AND CORRECT COPY FROM THE RECORD. ~ ~' a~~~ ICE OF I TAT• PORT PETRIKIN, WELLMAN, ,DAMlCO, ~ BROWN ~ PETROSA ' By: H. Fintan McHugh, Esquire Attorney I.D. No. 82097 ttorney for Plaintiff The William Penn Building 109 Chesley Drive Media, PA 19063 - (610) 565-2670. - THE COURT OF COMMON PLEAS OF DELAWARE COUNTY, PENNSYLVANIA CIVIL ACTION SIMON PROPERTY GROUP, LIMITED PARTNERSHIP 225 W. Washington Street Indianapolis, IN 46204 NO. 2007 - Plaintiff . v. • r-,~ • :.a WIRELESS WORLD OF PA, INC. e~~.~ '= 3055 Black Gap Rd. ~ ,~ y (Chambersburg Mall) ~_ ,..,. _ ~ , Chambersburg, PA 17201 ~ e ~=; ~~ Defendant `r' '~`' <~ PRAECIPE ~~~~., ca TO THE OFFICE OF JUDICIAL SUPPORT: Enter judgment against Defendant, Wireless World of PA, Inc., in the amount of $37,485.12 in accordance with the attached, exemplified copy under triple seal of the Judgment at Docket /Cause No. 49D02-0606-PL-022419 of the Marion County Superior Court, Indiana (attached hereto as Exhibit "A"), and index the Judgment against said Defendant. Respectfully ti~ubmitted, CERTIFIED A TRUE AND CORRECT C P~FROM TH R CORD~~ - T D?,Y Or _~ S/,~" 7 HIS ~~ IC ` OF JU-- I ~U P ~_ PETRIKIN, WIELLMAN, DAMICO, BROWN PE:TROSA H. INTA1~ MCHUGH, ESQUIR Attorney for Plaintiff Pte ? ~ ~ '. _ ~' ~ ~ /1~'1 ~ ~ I - ~` 1 ~ 1 ~ ~ C...7 , r 1~ ~ ,~ r ^1 , __. . ~° .~ -f \ ' ~ C ..7 JJ _.__. --< .`\ /• / J F PETRIKIN, WELLMAN, DAMICO, BROWN 8~ PETROSA By: H. Fintan McHugh, Esquire Attorney I.D. No. 82097 Attorney for Plaintiff The William Penn Building 109 Chesley Drive Media, PA 19063 (610) 565-2670 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION SIMON PROPERTY GROUP, LIMITED PARTNERSHIP 225 W. Washington Street Indianapolis, IN 46204 Plaintiff ~e r m NO. 2007 - ~i~~ iJ~ v. WIRELESS WORLD OF PA, INC. 3055 Black Gap Rd. (Chambersburg Mall) Chambersburg, PA 17201 Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue a Writ of Execution upon a Judgment entered in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against the Defendant, Wireless World of PA, Inc., 90 E. High Street, Cumberland County, Carlisle, PA 17013-3015; (3) and enter this Writ in the Judgment index (a) against Wireless World of PA, Inc., Defendant . -~ ~l,L bc~.~r~ss ~Ro~ [lis pen ens against real rop rty i not applicable] (4) Amount due $37,485.12 (plus costs) 1r PETRIKIN, WELLMAN, DAMICO, BROWN & PETROSA BY: ~C H. FINTA CHUGH, ESQUIRE Attorney for Plaintiff '~- z ~ -6Q 4 'f t~, VI AJ .~ ~ p . ~ Q ~ UI W ~' .~ O O ~ ~ J © O , , c~ F ~ ~- _ w . ~ ~ ° n ~~~~ ~ rn~ ~' ~`_ .~" ~; t-. -i; . -~-~ ` , ~- t W GJ --G J~ T "~. Q r--. ~ (1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3144 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIMON PROPERTY GROUP, LIMITED PARTNERSHIP Plaintiff (s) From WIRELESS WORLD OF PA, INC., 3055 BLACK GAP RD., (CHAMBERSBURG MALL), CHAMBERSBURG, PA 17201. (1) You are directed to levy upon the property of the defendant (s)and to sell ALL BUSINESS PROPERTY , 90 E. HIGH Si~T, CARLISLE, PA 17013-301, WI1~S WORIa OF PA, INC. (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) If property 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 $37,485.12 Interest Atty's Comm Atty Paid $55.50 Plaintiff Paid Date: 6-04-07 (Seal) REQUESTING PARTY: Name H. FINTAN MCHUGH, ESQUIRE Address: PETRIKIN, WELLMAN, DAMICO, BROWN & PETROSA THE WILLIAM PENN BUILDING 109 CHELSEY DRIVE MEDIA, PA 19063 L.L. $.50 Due Prothy $2.00 Other Costs Lepury Attorney for: PLAINTIFF Telephone: 610-565-2670 Supreme Court ID No. 82097 R. 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 1.31 .50 2.00 4.80 20.00 20.00 66.61 a/ ~ ~~3a~dSo Answers; Advance Costs: 150.00 66.61 $ 83.39 Refunded to Atty on 08/24/07 R. omas Kline, Sheriff o' v j~ (~~'U~~ ~ By Claudia A. Brewbaker '~ o r err b r r Nor tooz o~ ' C~ q~4 r ~' , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-3144 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIMON PROPERTY GROUP, LIMITED PARTNERSHIP Plaintiff (s) From WIRELESS WORLD OF PA, INC., 3055 BLACK GAP RD., (CHAMBERSBURG MALL), CHAMBERSBURG, PA 17201. (1) You are directed to levy upon the properly of the defendant (s)and to sell ALL BUSINESS PROPERTY , 90 E~ HIt~i S!~P, CARLISLE, I?~A 17013-3015, (1P' lei, Ili. (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) If property of the defendants} not levied upau an s,act to a~taclns~t is fou~cl in lire possession of anyone anther than a named garnishee, You arc directed to notify hin>fher that he/sloe has been added as a garnishee and is enjoined as above stated. Amount Due $37,486:12 Interest Atty's Comm Arty Paid 555.50 Plaintiff Paid Date: 6-04-07 (~~) REQUESTING PARTY: Name-H. FII~AN MCHU, E~UH:E Address: PE~~i, WELLMAI'~, DA;Il~CO, BROWN & PET~USA THE WILLIAM PENN BUILDl[NG 109 CHELSEY DRIVE MEDIA, PA 19063 Attorney for: PLAINTIFF Telephone: 810-565-2670 L.L. $.50 Due Prothy $2.00 Other Costs liepury Supreme Court ID No. 8209?