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Home My WebLink About01-6080 t~/~' ~,~ ~ COC-CV-14 (Rev. 5/2000) CERTIFICATE TO COPIES THE STATE OF '1 OHIO, Franklin County, ss. COMMON PLEAS COURT JOHN O ' GRADY Clerk of the Common Pleas Court, within and for said County, having the custody of the Files, Journals and Records of said Court, do hereby certify that the foregoing is a true copy of JUDGIqENT ENTRY IN CASE NO. 01CVH09-9172 as the same appea~ upon the records of said Court, and l further certify, that I have carefully compared the foregoing copy with the original record, and that the same is a full and correct transcript thereof IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at COLUMBUS~ Ohio, this 15 day of OCTOBER A. D. 20 O1 · one of the Judges of the Court of Common Pleas, within , do hereby certi, fy that said The State of Ohio, /, MIQHAEL WATSON and for the STATEOFOHIO , the County of JOHN O' GRADY of said Court of Common Pleas, within and for said County of officer in whose custody said original Record was, at the date of the above certificate, and now is Clerk and State of Ohio, and that said Clerk is the JUDGMENT ENTRY IN CASE NO. 01CVH09-9172 is required by the State of Ohio, to be kept, and is authorized by the laws of said State to certify as aforesaid, and that said attestation and certificate are in due form of law. Signed by and dated IN THE COUNTY OF FRANKLIN, COLUMBUS, OHIO this 15 day of OCTOBER A.D. 20 Judge as aforesaid I0 'o!q0 ~3fl~dl'lO~ ~t~ '~anoD p!vs fo lWS ~ pax~fo puo puv¥ Kut las otunoaoq anvq I 'dO~qI3H~ $£~1N~I~ NI ~ 'fo tOunoD 'OI~O.~IO.~.IVI$ ~unoD m# aof puv u!q~.tn~ '~t~Old uouaaoD fo ~anoo oqt fo ~.(T~:ID s 0 hll--lO£ IN THE COURT OF COMMON PLEAS, FRANKLIN COUNTY, OHIO THE HUNTINGTON NATIONAL BANK, : Plaintiff, : VS. (: 9 t ? 2 GLOBAL PUBLISHING PAPERS, INC., et al., Defendants. : JUDGMENT ENTRY ON PLAINTIFF THE HUNTINGTON NATIONAL ]~.N 'S ~_.,,,~ COMPLAINT PURSUANT TO WARRANTS OF ATTORNEY ~ (CASE TERMINATED - FINAL APPEALABLE ORDER) Th~s cause came to be heard upon the Complaint of Plamt~ff The Huntmgtol~N~ and Answer of Defendants GlObal Publishing Papers, Inc., Eagle Papers, In~n~~ Wheeler (the "Defendants"), by and through counsel, and by virtue of the Warrants of Attorney contained in the Revolving Note (the "Note"), the Individual Commercial Guaranty (the "Guaranty") and the Cognovit Promissory Note which are the subject matter of the Complaint, entered an appearance on behalf of said Defendants, waived issuance and service of summons and process, and confessed judgment against said Defendants and in favor of Plaintiff The Huntington National Bank on the Note, the Guaranty and the Cognovit Promissory Note described in the Complaint. The Court further determines expressly that no just cause for delay is present with, respect to the matters herein and that the originals of said Note, the Guaranty and Promissory Note have been produced. It is therefore ~ -- ORDERED, ADJUDGED AND DECREED by the Court that Plamuff Th~lu ..~mgf6bn~ National Bank recover Judgment against the named Defendants as follows: ~ (a) On Count One, Judgment against Defendants GlobaLPublishing Papers, Inc. and Eagle Papers, Inc., jointly and severally, in the unpaid principal amount of Two Million Four Hundred Ninety-nine Thousand Four Hundred Twelve and 02/100 Dollars ($2,499,412.02), accrued interest in the amount of Forty-three Thousand Three Hundred Eighty-eight and 13/100 Dollars ($43,388.13), fees in the amount of One Thousand Two Hundred Twenty-six and 05/100 Dollars ($1,226.05) plus interest, costs, fees and expenses, including reasonable attorney's fees, from September 20, 2001 as they continue to accrue until said Judgment is paid in full and thc costs, advances and expenses of this action; (b) On Count Two, Judgment against Defendant James R. Wheeler in the unpaid principal amount of Two Million Four Hundred Ninety-nine Thousand Four Hundred Twelve and 02/100 Dollars ($2,499,412.02), accrued interest in the mount of Forty-three Thousand Three Hundred Eighty-eight and 13/100 Dollars ($43,388.13), fees in the amount of One Thousand Two Hundred Twenty-six and 05/100 Dollars ($1,226.05) plus interest, costs, fees and expenses, including reasonable attorney's fees, from September 20, 2001 as they continue to accrue until said Judgment is paid in full and the costs, advances and expenses of this action; and (c) On Count Three, Judgment against Defendant James R. Wheeler in the unpaid principal amount of One Hundred Ninety-eight Thousand One Hundred Thirty-three and 46/100 Dollars ($198,133.46), accrued interest in the amount of One Thousand Four Hundred Eighty-seven and 38/100 Dollars ($1,487.38) plus interest, costs, fees and expenses, including reasonable attorney's fees, from September 20, 2001 as they continue to accrue until said Judgment is paid in full and the costs, advances .and expenses of this action. IT IS SO ORDERED. Dated: September ,2001. Appro~Te~ ~,~ JOfi~ I~ICHELLE O~TER (0041391) The Huntington Na 41 South High Stro Columbus, Ohio 43 Phone: (614) 480-4 Fax: (614) 480-5, Attorney for Plainti The Huntington Na Judge Court of Common Pleas, Franklin County, Ohio onal Bank Kenha t, ~C1032 '~ [.JOHN0'G~¥,~. So! ,1TI~cSTATEOFOHIO ~. OF~E~U~ ~nktin County, ss~ PLEAS, W~IN~D~' SAiD COUP. TCICpt ~acsi~ ~E~E~Y ~E .R_T.L~ THATTHE ~BOVE ANf]trd~l)~ [O~b.~C'-l~lT[~ LY T~KEN AND r,,OPIED FR~] ~O~N ON FiL~IN MY~F)Cff~ O_ _ WITN ESS MY HAND AND SEAL OF ~lD COUNTM ......... D,. JO Y, Clerk ROBERT B. HOLODNAK (0041770) t & Fisher ~h High Street - Suite 2400 )us, Ohio 43215 )ne: (614) 469-1882 ile: (614) 469-1887 ~y for Defendants Publishing Papers, Inc., Inc. and .James R. Wheeler Eagle IN THE COURT OF COMMON PLEAS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA The Huntington National Bank, Plaintiff, -VS- Global Publishing Papers, Inc., Eagle Paper, Inc., and James R. Wheeler, Defendants. Franklin County, Ohio Case No. 01CVH09-09172 ,AFFIDAVIT IN SUPPORT OF REGISTRATION OF FOREIGN JUDGMENT STATE OF OHIO COUNTY OF FRANKLIN, ss: BEFORE ME, the undersigned authority, personally appeared Jody Michelle Oster, who, being first duly sworn, deposes and says: 1. I am Jody Michelle Oster, attorney for Plaintiff/Judgment Creditor, The Huntington National Bank, have knowledge of the facts stated herein and know them to be true and correct based on my personal knowledge and on the basis of my investigation and the investigation of persons upon whom I regularly rely. 2. On September 21, 2001, Judgment was rendered by the Franklin County, Ohio, Court of Common Pleas in favor of The Huntington National Bank and against the following named defendants in the case captioned The Huntington National Bank v. Global Publishing Papers, Inc., et al., Case No. 01CVH09-09172: Global Publishing Papers, Inc. Eagle Paper, Inc. 4800 North Federal Highway 580 Hudson Road Suite 1010 Delaware, Ohio 43015. Boca Raton, Florida 33431 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483. 3. As of October 19, 2001, the following remains outstanding on the Judgment referred to in Paragraph 2 above: a) In favor of Plaintiff The Huntington National Bank and against Defendants Global Publishing Papers, Eagle Paper, Inc. and James R. Wheeler, jointly and severally, in the aggregate amount of $2,568,976.91 plus interest, costs, fees and expenses that continue to accrue from October 19, 2001; and b) In favor of Plaintiff The Huntington National Bank and against Defendant James R. Wheeler in the aggregate amount of $139,126.48 plus interest, costs, fees and expenses that continue to accrue from October 19, 2001. 4. The amounts recited in Paragraph 3 above reflect all credits and payments made on said Judgmem. 5. As of October 23, 2001, the Judgment remains valid, enforceable and unsatisfied. FURTHER AFFIANT SAYETH NAU~~~_ ~Y MICHELLE OSTER Sworn to before me and subscribed in my presence this~ day of October, 2001. MICHE~ O. I~AHWAN Notary Public 2 CERTIFICATE OF SERVICE I hereby certify that a true copy hereof has been furnished by certified mail, return receipt requested, and by regular United States' Mail, this ,~aday of October, 2001, to Defendants/Judgment Debtors Global Publishing Papers, Inc., Eagle Paper, Inc. and James R. Wheeler at the following addresses: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 u~gLmEeOntS~rEe~itor The Huntington National Bank II24 .JOHN O'GRADY - CLERK OF FRANKLIN COUNTY CO~ON PLEAS COURT CIVIL DIVISION - MICRO FICHE INQUIRY COGNOVIT CASE: 01 CV 9172 CATEGORY: H O/P/B: DATE: SPEC CAT: TITLE: HUNTINGTON NATIONAL BANK -VS- GLOBAL PUBLISHING PAPERS INC FILING DATE: 092001 ASSIGNED LOCATION: 6C MULT PLT: N MULT DEF: Y CASE STATUS: LEGAL: ACT FINANCL: CAUSE: OTHER CIVIL LINE #: ...MORE DATE SUB# ACTN DESCRIPTION FICHE FRAME PAGES 01 101901 0002 9288C ORG CPY - FAIL SERV 02 101901 0001 6410 SERV FAILED-CERTIFD 83741 H20 1 NARRATIVE - SYS GEN NOTICE PRINTED 102201 DEPOSIT - CLERK 83679 A12 1 PRAEC EXEMPL COPY 83679 A12 1 RETURN CERT OF JG 83625 J18 2 RETURN CERT OF JG 83625 J15 2 SERV COMP -CERT MAIL 83602 F20 1 MOTION DENIED 83545 I13 1 DECISION/ENTRY 83545 I13 1 SERV COMP -CERT MAIL 83503 A09 1 ENTRY 83435 Gll i 04 101501 0004 6675 05 101501 0003 6890 06 101501 0002 7712 07 101501 0001 7712 08 101201 0001 6310 09 101101 0002 3200 10 101101 0001 2110 11 100501 0002 6310 12 100501 0001 0100 OPERATOR ID: VLC2 01 100301 0001 5260 MEMO CONTRA FILED 83456 I07 6 03 100201 0008 8621 04 100201 0007 8621 05 100201 0006 6530 06 100201 0005 6530 07 100201 0004 6530 08 100201 0003 9175 10 100201 0002 6530 11 100201 0001 6530 12 100101 0004 5810 TO DEFTS' MOTION TO QUASH SUBP RET PRCS SV-SVD 83426 SUBP RET PRCS SV-SVD 83426 ATTY APR 83424 ATTY APR 83424 ATTY APR 83424 MOTION TO QUASH 83424 NARRATIVE - SYS GEN ATTY APR ATTY APR POS ISS - CERT MAIL I10 2 I07 1 J15 1 J15 1 J15 1 H12 4 ACTION HAS BEEN DENIED 83424 H12 1 83424 H12 1 83588 A14 i OPEI~ATOR ID: VLC2 01 100101 0003 7712 02 100101 0002 7712 03 092801 0002 5810 05 092801 0001 5810 07 092701 0004 7712 08 092701 0003 7712 09 092701 0002 9287C 10 092701 0001 9287C 11 092401 0014 6675 12 092401 0013 6890 RETURN CERT OF JG RETURN CERT OF JG POS ISS - CERT MAIL NARRATIVE - SYS GEN POS ISS - CERT MAIL NARRATIVE - SYS GEN RETURN CERT OF JG RETURN CERT OF JG ORG CPY - FINAL APPL ORG CPY - FINAL APPL DEPOSIT - CLERK PRAEC EXEMPL COPY 83409 G02 1 83409 F19 1 83370 F12 1 RETURNED - NOT SERVED 83370 Fll 1 RETURNED - SERVED 100301 83338 J02 1 83338 I19 i 83281 I18 1 83281 I18 i OPERATOR ID: VLC2 01 092401 02 092401 q3 09~401 04 092401 05 092401 06 092401 07 092401 08 092401 09 092401 10 092401 11 092401 12 092401 00~2 6675 DEPOSIT - CLERK 83264 Gl0 1 0011 6808 PRAEC REQ FILING CJ 83264 Gl0 1 0010 6675 DEPOSIT - CLERK 83239 J16 1 0009 6808 PRAEC REQ FILING CJ 83239 J15 1 0008 6675 DEPOSIT - CLERK 83239 Jll 0007 6808 PRAEC REQ FILING CJ 83239 J10 1 0006 6675 DEPOSIT - CLERK 83239 J06 1 0005 6808 PRAEC REQ FILING CJ 83239 J05 1 0004 6675 DEPOSIT - CLERK 83239 J01 1 0003 6808 PRAEC REQ FILING CJ 83239 I20 1 0002 6675 DEPOSIT - CLERK 83239 I16 1 0001 6808 PRAEC REQ FILING CJ 83239 I15 I OPERATOR ID: VLC2 01 092001 0019 5410C 02 092001 0018 9230 03 092001 0017 2140 04 092001 0016 9200 06 092001 0015 5606 07 092001 0014 6530 08 092001 0013 1936 09 092001 0012 6530 11 092001 0011 6634 12 092001 0010 9850C REQ FOR SERV - CERT NTC OF FINAL APP ORD 83203 JUDGMENT ENTRY 83203 NOTICE 83203 RENDERING COGNOVIT JUDGMENT ANSWER 83203 ATTY APR 83203 ATTORNEY WITHDRAWAL 83203 ATTY APR 86203 NARRATIVE - SYS GEN DEPOSIT - FOR COSTS JUDGE ASSIGN - ORIG H13 H13 N20 1 2 2 2 H15 3 H17 1 H17 1 H16 1 ATTORNEY WITHDRAWN 83203 G17 I OPERATOR ID: VLC2 01 092001 0009 5305 02 092001 0008 6530 03 092001 0007 6675 04 092001 0006 6630 05 092001 0005 6665 06 092001 0004 6660 07 092001 0003 6670 08 092001 0002 5410C 09 092001 0001 5410C COMPLAINT FILED 83203 ATTY APR 83203 DEPOSIT - CLERK 83203 DEPOSIT - DAILY RPTR 83203 DEPOSIT-COURT CMPTR 83203 DEPOSIT-COMP LGL FEE 83203 DEPOSIT - LEGAL AID 83203 REQ FOR SERV - CERT REQ FOR SERV - CERT G16 G16 G16 G16 G16 G16 G16 5 5 5 5 5 5 5 OPERATOR ID: VLC2 HE STATE OF O~tl OF THE COURI'OF COMMON Franklin County, ssJSAIDPLEAS'W[I'HINANDFORcouNTY. HEREBY (,;ERTIE_Y THAT TH E ABOVE AND FORE- GOING IS TRULY T~AZE_ D F~:,M, THE ORIGINAL ..................................... NOW ON FtLE IN MY OFFICE. /~ WITNESS MY HAND AND SEA~, OF _A D COUNT~ THIS.....~.'~ ....... DAY OF..~.D. 20 ~. IN THE COURT OF COMMON PLEAS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA The Huntington National Bank, Plaintiff, -VS- Global Publishing Papers, Inc., Eagle Paper, Inc., and James R. Wheeler, Defendants. : Franklin County, Ohio Case No. 01CVH09-09172 STATE OF OHIO ) ) COUNTY OF FRANKLIN ) SS: BEFORE ME, the undersigned authority, personally appeared Jody Michelle Oster, who being duly sworn, deposes and says: 1. I am the attorney for the Plaintiff/Judgment Creditor The Huntington National Bank, have read this Affidavit and know the contents thereof to be true and correct of my own knowledge and belief and on the basis of my investigation and the investigation of persons upon whom I regularly rely. 2. The name and last known post office addresses of the Judgment Debtors herein are: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015. AFFIDAVIT OF NAME AND LAST KNOWN ADDRESSES OF JUDGMENT DEBTORS AND JUDGMENT CREDITOR 3. The name and post office address of the Judgment Creditor herein is: The Huntington National Bank Atto: Jody Michelle Oster, Esq. 41 South High Street, HC1032 Columbus, Ohio 43215. 4. The name and post office address of the Judgment Creditor's attorney in this matter is: Jody Michelle Oster, Esq. The Huntington National Bank 41 South High Street, HC1032 Columbus, Ohio 43215. FURTHER AFFIANT SAYETH NAUGHT. ELLE OSTER IQ~ 2001 Sworn to before me and subscribed in my presence this _~ day of October, · Notary Public MICH~LLE O. RAHVV~ 1N THE COURT OF COMMON PLEAS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA The Huntington National Bank, -VS- Plaintiff, Franklin County, Ohio Case No. 01CVH09-09172 Global Publishing Papers, Inc., Eagle Paper, Inc., and James R. Wheeler, Defendants. PROOF OF MAII,ING OF NOTICE OF THE RECORDING OF FOREIGN JUDGMENT STATE OF OHIO COUNTY OF FRANKLIN, ss: BEFORE ME, the undersigned authority, personally appeared Jody Michelle Oster, who, being first duly sworn, deposes and says: 1. I am Jody Michelle Oster, attorney for Plaintiff/Judgment Creditor, The Huntington National Bank, have knowledge of the facts stated herein and know them to be tree and correct based on my personal knowledge and on the basis of my investigation and the investigation of persons upon whom I regularly rely. 2. On October 19, 2001, on behalf of Plaintiff/Judgment Creditor, I mailed Notice of the recording of the judgment filed and recorded herein to Defendants/Judgment Debtors Global Publishing Papers, Inc., Eagle Paper, Inc. and James R. Wheeler, at the following last known addresses: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 by certified U.S. mail, return receipt requested, and also by regular U.S. mail. A true and correct copy of the Notice is attached as Exhibit A. OS ER OH Bar//0041391 Attorney for Judgment Creditor Sworn to and subscribed before me this j__~day of October, 2001. MiCHELLE D. RAH1NAN Nota~ Public State o( Ohio Notary Public 2 CERTIFICATE OF SERVICE I hereby certify that a tree copy hereof has been furnished by certified mail, return receipt requested, and by regular United States' Mail, this/___~_'~day of October, 2001, to Defendants/Judgment Debtors Global Publishing Papers, Inc., Eagle Paper, Inc. and James R. Wheeler at the following addresses: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 ~J d ment Creditor The Huntington National Bank l~_ EXHI,~BIT ~ IN THE COURT OF COMMON PLEAS - YLVA I IN AND FOR CUMBERLAND COUNTY, PENNS N ~ The Huntington National Bank, Plaintiff, Global Publishing Papers, Inc., Eagle Paper, Inc., and James R. Wheeler, Defendants. Franklin County, Ohio Case No. 01CVH09-09172 NOTICE OF RECORDING OF FOREIGN JUDGMENT TO: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delra~, Beach, Florida 33483 Judgment Creditor, The Huntington National Bank, hereby gives notice that on or about October 22, 2001, it filed a foreign judgment against Judgment Debtors Global Publishing Papers, Inc., Eagle Paper, Inc. and James R. Wheeler, whose last known post office addresses are as follows: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. The post office address of the Judgment Creditor is: DATED: October 19, 2001 The Huntington National Bank 41 South High Street, HC1032 Atto: Jody Michelle Oster, Esq., Senior Counsel ~ Columbus, Ohio 43215. ( ~~, ~ ~ // JOD¥ MICHELLE OSTER OH Bar//0041391 The Huntington National Bank 41 South High Street, HC1032 Columbus, OH 43215 Phone: (614) 4804540 Fax: (614) 480-5404 Attorney for Judgment Creditor The Huntington National Bank 2 1N THE COURT OF COMMON PLEAS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA The Huntington National Bank, Plaintiff, -VS- Global Publishing Papers, Inc., Eagle Paper, Inc., and James R. Wheeler, Defendants. Franklin County, Ohio Case No. 01CVH09-09172 NOTICE OF RECORDING OF FOREIGN JUDGMENT TO: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 Judgment Creditor, The Huntington National Bank, hereby gives notice that on or about October 22, 2001, it filed a foreign judgment against Judgment Debtors Global Publishing Papers, Inc., Eagle Paper, Inc. and James R. Wheeler, whose last known post office addresses are as follows: Global Publishing Papers, Inc. 4800 North Federal Highway Suite 1010 Boca Raton, Florida 33431 Eagle Paper, Inc. 580 Hudson Road Delaware, Ohio 43015 James R. Wheeler 710 South East 8th Street Delray Beach, Florida 33483 with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. The post office address of the Judgmem Creditor is: DATED: October 19, 2001 The Huntington National Bank 41 South High Street, HC1032 Atto: Jody Michelle Oster, Esq., Senior Counsel Columbus, Ohio 43215. %~ JO[}Y MICHELLE OSTER OH Bar #0041391 The Huntington National Bank 41 South High Street, HC1032 Columbus, OH 43215 Phone: (614) 480-4540 Fax: (614) 480-5404 Attorney for Judgment Creditor The Huntington National Bank 2