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Home My WebLink About09-5890IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, CIVIL DIVISION No. Oq - 58gO 0'-waTetih V. SEVEN HILLS, INC., Defendant. PRAECIPE TO ENTER JUDGMENT Code: Filed on Behalf of the Plaintiff, Exton Square Property, LLC Counsel of Record for this Party: Stephen S. Zubrow Pa. I.D. No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 Darlene M. Nowak, Esq. Pa. I.D. No. 37093 MARCUS & SHAPIRA LLP One Oxford Centre, 35`h Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, CIVIL DIVISION No. D G ` S- q 0 v. SEVEN HILLS, INC., Defendant. PRAECIPE TO ENTER JUDGMENT To the Prothonotary: Kindly enter judgment against Defendant, Seven Hills, Inc., in the amount of $819,195.20. Respectfully submitted, Moira Cain-Mannix (Pa. I.D. No. 81131) MARCUS & SHAPIRA LLP 35th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Attorney for Plaintiff, Exton Square Property, LLC CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Enter Judgment was served upon the following by United States mail, first class service, postage prepaid, this Z-6 day of August, 2009: Mr. Raghu Tadavarthy Seven Hills, Inc. 3900 Trindle Road, Suite 200 Camp Hill, PA 17011 Moira Cain-Mannix f t t } CASE SUMMARY REPORT 2009-03246-CA EXTON SQUARE PROPERTY LLC VS. SEVEN HILLS INC Case Type: CA - CIVIL ACTION BREACH OF CONTRACT Case Initiation Date: 03/23/2009 Case Status: JUDGMENT Arbitration Date: Trial Ready Date: 03/23/2010 No Related Cases Not Active Since: 08/05/2009 Arbitration Time: 05/28/2009 10:27 AM $819,195.20 DEFAULT JUDGMENT Terms: (INDEXED ON 05/28/2009 10:27 AM ACTIVE 61909) Judgment For: EXTON SQUARE PROPERTY LLC Judgment Against: SEVEN HILLS INC Plaintiff. EXTON SQUARE PROPERTY LLC C/O PREIT SERVICES LLC 200 SOUTH BROAD ST THIRD FLOOR PHILADELPHIA PA 19102 Attorney: 081131 MOIRA CAIN-MANNIX MARCUS & SHAPIRA LLP ONE OXFORD CENTRE 35TH FL 301 GRANT ST PITTSBURGH PA 15219 VS. Party Start/End Dates: 03/23/2009 Tel.: (412) (BUS 03/23/2009 - 338-3344 ) Defendant: SEVEN HILLS INC Party Start/End Dates: 03/23/2009 260 EXTON SQUARE PARKWAY EXTON PA 19341 Doing Business As: TACO BELL (STORE #2565) Doing Business As: SUBWAY (#2560) Date Docket Information 03/23/2009 0002 - ATTORNEY STATUS Attorney CAIN-MANNIX ESQ., MOIRA representing Plaintiff EXTON SQUARE PROPERTY LLC as of 03/23/2009 03/23/2009 COVER SHEET FILED 03/23/2009 COMPLAINT FILED W/NOTICE Receipt: 502078 Date: 03/23/2009 THIS JUDGMENT CERTIFIED IN FAVOR OF EXTONSQUARE PROPERTY LLC AND AGAINST SEVEN HILLS INC IN THE AMOUNT OF $ 819,195.20 CERTIFIED THE RECORD Charles W. McLean, Jr Deputy Prothonotary August 20, 20, CV-CaseSumExemp.rpt Page 1 of 3 Printed: 08/20/2009 13:47 2009-03246-CA EXTON SQUARE PROPERTY LLC VS. SEVEN HILLS INC Date Docket Information 04/15/2009 SHERIFF SERVICE Docket Description : SHERIFF SERVICE Method : PERSON IN CHARGE Received Date and Time : 03/31/2009 11:58 Service Date and Time : 04/06/2009 11:50 On : SEVEN HILLS INC Address Served : 260 EXTON SQUARE PARKWAY EXTON SQ MALL STORE #2565 EXTON PA 19341 Comment : SERVED MUKESL YADAV Tracking Number : C200901077 05/05/2009 IMPORTANT NOTICE OF INTENT TO TAKE DEFAULT NOTICE DIRECTED TO DEFT BY PLTF 05/05/2009 CERTIFICATE OF SERVICE OF FOREGOING TEN DAY NOTICE UPON DEFT PM 4-29-09 05/18/2009 CERTIFICATE OF SERVICE OF TEN DAY NOTICE OF INTENT TO TAKE DEFAULT DIRECTED TO SEVEN HILLS INC ON 4-30-09 05/28/2009 JUDGMENT STATUS DOCKET 05/28/2009 JUDGMENT STATUS DOCKET DEFAULT JUDGMENT Amount: 819,195.20 Pre-DEFAULT JUDGMENT Interest: 0.00 Attorney Fees: 0.00 Court Costs: 0.00 Other Fees: 0.00 DEFAULT JUDGMENT Total: 819,195.20 Total Accrued Costs: 0.00 Total Accrued Interest: 0.00 Terms: (INDEXED ON 61909) Type: DEFAULT JUDGMENT Judge: GAVIN, THOMAS G. DEFAULT JUDGMENT Date: 05/28/2009 DEFAULT JUDGMENT Time: 10:27AM Referee: Recommendation Date: DEFAULT JUDGMENT Status: ACTIVE DEFAULT JUDGMENT Status Date: 05/28/2009 DEFAULT JUDGMENT Status Time: 10:27AM DEFAULT JUDGMENT For: EXTON SQUARE PROPERTY LLC - Plaintiff DEFAULT JUDGMENT Against: SEVEN HILLS INC - Defendant 05/28/2009 CERTIFICATION OF 236 NOTICE CV-CaseSumExemp.rpt Page 2 of 3 Printed: 08/20/2009 13:47 2609-03246-CA EXTON SQUARE PROPERTY LLC VS. SEVEN HILLS INC Date Docket Information 05/28/2009 PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST SEVEN HILLS INC BY Attorney: ZUBROW, STEPHEN S. (043523) Attorney: CAIN-MANNIX, MOIRA (081131) Attorney: NOWAK, DARLENE M. (037093) 05/28/2009 JUDGMENT - DEFAULT FEE Receipt: 508424 Date: 05/28/2009 08/05/2009 EXEMPLIFICATION OF JUDGMENT - PA FEE Receipt: 516181 Date: 08/05/2009 CV-CaseSumExemp.rpt Page 3 of 3 Printed: 08/20/2009 13:47 FI-LE? IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVAN%9 MAY 28 AM 10, 21 EXTON SQUARE PROPERTY, LLC } CIVIL DIVWfet OF l fi"t ) Plaintiff, ) No. 09-O?S T}ipTER}?pTARY co. PA. V. SEVEN HILLS, INC., Defendant. PRAECIPE TO ENTER DEFAULT JUDGMENT AGAINST SEVEN HILLS, INC. TO THE PROTHONOTARY: Please enter default judgment against the Defendant, Seven Hills, Inc. ("Seven Hills") for failure to file within the required time a responsive pleading against it pursuant to Pennsylvania Rules of Civil Procedure 1037. In support thereof, Plaintiff, Exton Square Property, LLC, states as follows: l . The Complaint against Seven Hills was filed on March 23, 2009. The Complaint contained the Notice to Defend in the form of Pa. R.C.P.1\o. 1018.1. 2. Service was made on Seven Hills at its store located at Exton Square Mall, 260 Exton Square Parkway, Exton, PA 19341 by Chester County Sheriff on April 6, 2009. Proof of Service is attached hereto as Exhibit 1. 3. Seven Hills did not file or serve an Answer to the Complaint within the first 20 days after the Complaint was served. A Ten Day Notice of Intent to take Default pursuant to Rule 237.35 ("Notice") was sent by Federal Express Overnight Delivery to Seven Hills on April 30, 2009. The Notice is attached hereto as Exhibit 2. CERTIFIED FROM,,,TWE RECON ATT 4. More than 10 days have elapsed since the Notice was sent to Seven Hills and no responsive pleading has been filed. S. The Complaint seeks judgment against Seven Hills in the amounts of 5803,795.20 (for failure to pay rent and other charges) and $15,400.00 (for failure to discharge Mechanic's Lien), respectively. Pursuant to Pa. R.G.P. No. 1037(b)(1), the Prothonotary is authorized to enter judgment in default of an answer for a sum certain which can be made by computation. WHEREFORE, Plaintiff Exton Square Property, LLC, respectfully request the Prothonotary to enter judgment against Seven Hills in the total amount of $819,195.20. Respectfully submitted, ,hlene K4 Nowak RCUS & SHAPTRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff Exton Square Property, LLC ? p CIVIL PROCESS E? COSTSIPROCEDURE 610-344-5976 CC 'T.-Y OF CHESTER - OFFICF, OF THE SH.. F>N s CHESTER COUNTY JUSTICE CENTER 201 WEST MARKET wR-EL'i', SUITE" 1201 P.O. BOX 2746 WEST CHESTER, PA 19330-0989 FAX: 610-344-5345 REAL ESTATE COSTSIPROCEDURE 610-344-6859 SHERIFF SERVICE INSTRUCTIONS FOR SERVICE OF PROCESS PROCESS RECEIPT AND AFFIDAVIT OF RETURN AVAILABLE UPON REQUEST 1. PLAtNT1FFI51 EXTON SQDARE PROPERTY, LLC I z. COURT NUMBER 09-032'4 6 3. DEFENDANT/S/ SEVEN HAAS, ,ANC. 4. TYPE OF WRIT OR COMPLAINT Complal.Iat ?or Breach of Caott;'-fit SERVE, S. NAME OF_jyQIy10UALCOMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Seven _H1111?1S, linc. S. ADDRESS (Strset,.Apartment Number, City, Stale and ZIP Code) Store No. 2565 AT {.- Exton Square Mall,_260 F.xtozi Square Parkwav. Exton, PA 19341 7. INDICATE REQt1ESTED SERVICE: t.3 PERSONAL M PERSON IN CHARGE ? DEPUTIZE 0 CERT. MAIL Q POSTED Q OTHER Now, 20 I, SHERIFF OF CHESTER COUNTY, PA, do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff,___ SHERIFF OF CHESTER COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Please serve the Deft'rddaut, Seven Ui.lls, Inc.,t:/a Taco Bell at its store location located at the Exton Square Mall at Store No. 2565. A Ile- NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy Sheriff levying or attaching any property,.under within writ may leave same without a watchmen, in a„etody of whomever Is found in possession, shot notifying person of levy or attichment, without liability on the part of such deputy or the sheriff to any plaintiff! herein Tar any loss, destruction or removal of any such prof" before shadfre safe IheraoP ATE M PRINTMIiE NAME AND ADDRES OF ATTORNEYIORIGINATOR 10. TE EPHONE NUMBER 7603'/30/2009 Moira Cain-Mannix Pittsburgh, PA 1.5219 (412) 338-3344 Marcus & Shapira LLP ATTORNEY I.D. 12, • ?SIONATURE One Oxford Centre, 35th Floor, 81131. !!. 13. 1 9cknoalledge recelpt of the writ PIGNATIIRE of Authorized CC BD Deputy or Clark a Title 14. Date Filed 16.ErpiradonlHooring Date ar4xsnpleini ea indicated above k& 3 -? -3 ,/_ZZ 16. 1 he*:CERTIFY and RETURN that I O have personally served, ? have legal evidence of service as oho ' in,'Remaiks", O have executed as shown In `Remarks", U Anomey for defendant'rernelits'', the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual. company, corporation, etc., at the address illaer:ed below by handling a TRUE and ATTESTED copy thereof. 17. O 1 hereby bprtify and return a NO SERVICE because I am unable W locate the individual, company, corporation, etc., named above. (Sea remarks below) 16. Name an a of if ?dividual Served ?` 19. A person of Suitable age and discr=17/ c t .G . r 1 J id Q t/ in the defandent'a usual nlara nt n79: Address of where served (complete ordy if differont then shown above) ($treel, Apartment Number City, Stale 21. Date of Service 227e A end ZIP Code} 1. ' 30 EST f f. E03T 25. ATTEMPTS Date Time AM Date Tima AM Data Time AM Date Time AM PR1 PM PM PM 24. Advance Casts ,3 7d" A46 0(-/-07 $'p " 25. Service Costs 26. Notary Cert. 27. Mllsege/PostegelPaundAge ZS. Total CestA 29, COSTS DUE OR REFUND 39. REMARKS: /,r5 " SHERIFF'S SALE AND/OR EVICTION SCHEDULED FOR: yAA?esC.+ ? AM DATE;------ --- TIME: -.,-_ ? PM IF YOU WISH t+0 PROCEED WITN SHE PERSONAL PROPERTY SALE ANDJGR EVICTION, YOU MUST ADVISE THIS OFFICE OF YOUR INTENT TO PROCEED AT LEAST 24 HR8. PRIOR TO THE SALE DATErt1ME AND PROVIDE WRITTEN VERIFICATION OF YOUR INSTRUCTIONS. AFFIDAVIT OF SERV w 1 31. AFFIRMED and subscribed to before me this -__ day d 20 0 9 Noel Pubdr S E EXHIBIT SO ANSWE 32. Signalu Deto_ Sheriff F.? 34. Signature of SneriH 35. [rate of chesser County 38. Signature of 37. Date Fonaiyn Sheriff I ACKNOWLEDGE RECEIPT OF THE SHIERIFF'a RETURN 36. T Received 81GMNTURE OF AUTHORIZED ISSUING AUTHORITYAND TITLE 1. ISSUING AUTHORITY 2 ATTORNEY 3. SHERIFF'S DEPARTMENT 4. SHERIFF'S DEPARTMENT IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC ) CIVIL DIVISION Plaintiff, ) No. 09-03246 V. SEVEN HILLS, INC., Defendant. CERTIFICATION OF SERVICE OF TEN DAY NOTICE OF INTENT TO TAKE DEFAULT DIRECTED TO SEVEN HILLS, INC. Code: Filed on Behalf of the Plaintiff, Exton Square Property, LLC. Counsel of Record for this Party: Stephen S. Zubrow Pa. I.D. No. 43523 0 co Moira Cain-M k- Pa, I.D. No. 8111. - Darlene M. Nowak;' rT' Pa. I.D. No. 37093 "- MARCUS & SHAPIRA LL'$ One Oxford Centre; 35"' Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 EXHIBIT IN THE COURT OF COMMON PLEAS OF CHESTER COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, CIVIL DIVISION No. 09-03246 V. SEVEN HILLS, INC., Defendant. CERTIFICATION OF SERVICE >> ?` The undersigned hereby certifies that Service of the Ten Day Notice of Intent to 'lice C? co Default Directed to Seven Hills, Tne., attached hereto and marked as Exhibit A, was made by {-rr a Federal Express, Overnight Delivery, to Seven Hills, Inc., 3900 Trindle Road, Camp Hill, PA 17011 on April 30, 2009. Attached hereto as Exhibit B is a copy of the proof of delivery issued by FedEx Express, providing proof of service of the Ten Day Notice of Intent to Take Default on April 30, 2009. Dated: May 14, 2009 lcne . N wak LMARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, Exton Square Property, LLC IN THE COURT OF C( OF CHESTER COUNTY, EXTON SQUARE PROPERTY, LLC Plaintiff, V. SEVEN HILLS, INC., Defendant. )MMON PLEAS PENNSYLVANIA I CIVIL DI?9I0N No. 09-0314( Jr. MOORTANT TEN DAY NOTICE OF INTENT TO TAKE DEFAULT DIRECTED TO SEVEN HILLS, INC. Filed on Behalf of the Plaintiff, Exton Square Property, LLC Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix PA ID No. 81131 MARCUS & SHAPIRA LLP Firm No. 145 One Oxford Centre, 35 h Floor 301 Cvnmt Street Pittsburgh, PA 15219 (412) 471-3490 EXHIBIT JURY TRIAL DEMANDED Stephen S. Zubrow Moira Cain-Mannix MARCUS & SHAP IRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, Exton Square Property, LLC USAirbill a 8 610 832-11 6 714 From ore . 2loa 1005-1426-5 r' r0? k1,t%- TMI-IN-1 Yftm 1412 OT-6610 co -r mm MARCUS sHAP IRa ,1,11w a ? ?.?..? Amw 1 OXFORD CTR - FL ;1.5 , ' •. ? ?? `y ?T"*r. •arrr?r+?s ?s.rr.a., CNP-ITTSHURQH- to, f!A ZIP•15219-1407' Yaw Ic' 3Zlt.?O Zoe v&sCV t 3 q00 ?'(r ??}?lL 1Z4 0•? _ u i ?? 7-60 Mb wwr6MrlA. Nr,rla S mi,i M *I" fi wwd •ro1?MM7 •t• yrMMN?a r..Mn, rMFd4?YwMn. qm?? \4t zip 1-10 l 03532126,66 4a E*m P A p Mwa. AMa?•!ga t is o *AWM a .?. MOE 5 Ptlal?lit El F&mjMb"-[] 11 Ims El WAMME El El 0. C] ? 7. PMa?nt. a/ic 8rrfiiYetll?rortdr111rIWrt -? . ? ? a.anaW. 0 cwmwd bt0?1?. TafilhelmW TiWrMipl •TsWD9dwWV" i RNldtrtiat D?Mwry tt/R?fr ?? .?,,,?„?il}?lls??w??? D No 5 ? ??""' 19 as- *21.1 Mr.OM, IN?IMJIWUMFay1 hAN11omm ullm-M EXHIBIT I Detdiled Results Detailed Results Il Notifications Enter tracking number F11-_ Tracking no.: 861083206714- _ mail notificalions Delivered Initiated Picked up In transft Delivered Delivered Signed for by: T.SCHAEFFER Shipment Dales Destination Scup date Apr 29, 2009 Deliverydate (D Apr 30, 2009 10:14 AM Shipment Facts Service type Priority Pak - Direct Signature Delivered to Receptionist/Front Desk Required ® Reference 32740-296 Weight 1.0 Ibs/0.5 kg Shipment Travel History H Select time zone: Select time format: 12H ( M A11 shipment travel activi is dl !played in local time for the location D1hhnnm Acdvity Location Details Apr 30, 2009 10:14 AM Delivered Apr 30, 2009 8:05 AM On Fed Ex vehicle for delivery MIDDLETOWN, PA Apr 30, 2009 7:27 AM At local FadEx facility MIDDLETOWN, PA Apr 30, 2D09 6:28 AM At desl sort facility MIDDLETOWN, PA Apr 30, 2009 5:24 AM Departed Fed Ex location INDIANAPOLIS, IN Apr 30, 200912:15 AM Arrived at FedEx location INDIANAPOLIS, IN Apr 29, 2009 8:49 PM Left FedEx origin facility PITTSBURGH. PA Apr 29, 2009 7:15 PM Picked up PITTSBURGH, PA CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Certification of Service of Ten Day Notice of Intent to Take Default Directed to Seven Hills, Inc. was served upon the parties listed below by United States Mail, first class service, postage prepaid, this 14th day of May, 2009: O cA Mr. Raghu Tadavarthy Seven Hills, Inc. 3900 Trindle Road, Suite 200 Camp Hill, AA 17011 w /2' 'g, 1IM4 Darl a M. owak z. IN THE COURT OF C OF CHESTER COUNTS EXTON SQUARE PROPERTY, LLC Plaintiff, V. SEVEN HILLS, INC., Defendant. r- N rat ° w Qom'- LU '`moo ?XU V Z}U O9 a N -V 11.% OMMON PLEAS ', PENNSYLVANIA ? CIVIL DIVISION ? No. 09-03246 I I PRAECIPE TO ENTER DEFAULT I JUDGMENT AGAINST SEVEN I HILLS, INC. I Code: Filed on Behalf of the Plaintiff, Exton Square Property, LLC Counsel of Record for this Party: Stephen S. Zubrow Pa. I.D. No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 Darlene M. Nowak, Esq. Pa. I.D. No. 37093 MARCUS & SHAPIRA LLP One Oxford Centre, 35`b Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Qe; {. Notified OFFICE-OF THE PROTHONOTARY CHESTER COUNTY JUSTICE CENTER 201 W. MARKET STREET, SUITE 1425 PO BOX 2746 WEST CHESTER, PA 19380-0989 Receipt Type Case Outstanding Amount 0.00 Receipt Number 516181 Receipt Date 08/05/2009 Case Number 2009-03246-CA Description EXTON SQUARE PROPERTY LLC VS. SEVEN HILLS INC Received From MARCUS AND SHAPIRA LLP On Behalf Of EXTON SQUARE PROPERTY LLC Itemized Listing: Description Amount EXEMPLIFICATION OF JUDGMENT - PA FEE 8.35 Receipt Payments Amount Reference Description Check 8.35 26224 Total Received 8.35 Net Received 8.35 Change 0.00 Comments Deputy Clerk AWANSTALL Transaction Date 08/05/2009 11:53:17 RLE- cJ` THE OF 2vQ9 r?0 27 t't J: C3 4 aq . oo PO ATN coa(om aagsgo ?o??ea, UAa-f?r? IN THE COURT OF C1 OF CUMBERLAND COUN' EXTON SQUARE PROPERTY, LLC ) Plaintiff, ) V. ) SEVEN HILLS, INC., ) Defendant. ) JMMON PLEAS CY, PENNSYLVANIA CIVIL DIVISION No. NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 Code: Filed on Behalf of the Plaintiff, Exton Square Property, LLC Counsel of Record for this Party: Stephen S. Zubrow Pa. I.D. No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 Darlene M. Nowak, Esq. Pa. I.D. No. 37093 MARCUS & SHAPIRA LLP One Oxford Centre, 35`h Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, CIVIL DIVISION No. o- 5-y?d c tom; l SEVEN HILLS, INC., Defendant. NOTICE OF ENTRY OF JUDGMENT PURSUANT TO RULE 236 TO: SEVEN HILLS, INC. Please take notice that the judgment for money in the amount of $819,195.20 that was entered against you in Chester County has been transferred to Cumberland County. _ 3l IC . Date: QC1 I- I PPrdthonotary, Court of Common Pleas of Cumberland County V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, v. SEVEN HILLS, INC., Defendant. CIVIL DIVISION No. OR - 52RO Ci V a Ter n PRAECIPE FOR ISSUE OF WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution upon a judgment entered in the above matter. (1) directed to the sheriff of Cumberland County, Pennsylvania; (2) against Seven Hills, Inc., Defendant, whose last known address is c/o Mr. Raghu Tadavarthy, 3900 Trindle Road, Suite 200, Camp Hill, PA 17011,; and (3) against Fulton Bank, Garnishee, with an address of 1423 S. Market Street, Mechanicsburg, PA 17055; and (4) and index this writ against Seven Hills, Inc., Defendant, as a lis pendens against the real property of the Defendant. (5) Amount due: $ 819,195.20 Interest from 5/28/09 to 8/24/09 11,850.00 at 6% TOTAL AMOUNT: $ 831,045.20 M 'V f Date: Auguste, 2009 c Stephen S. Zubrow (PA I.D. No. 43523) Moira Cain-Mannix (PA ID No. 81131) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, Exton Square Property, LLC P r - At , OF THE R, t^.AC7?ARY 2009 AUG 27 P 3: 03 V'4`':: cu 4a.4 -W PO A'-rY aq. oo OBF a.50 u * 5 (D. oo - PQ ATTY *a. co PO ATtY • 5 o LL C,. 02(001.80( ET # LOri 4- + E? 4aUaj WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EXTON SQUARE PROPERTY, LLC, Plaintiff (s) From SEVEN HILLS, INC., c/o Mr. Raghu Tadavarthy, 3900 Trindle Road, Suite 200 Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 S. Market Street, Mechancisburg, PA 17055 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 $819,195.20 L.L. $.50 Interest from 5/28/09 to 8/24/09 at 6% -- $11,850.00 Atty's Comm % Due Prothy $2.00 Atty Paid $56.00 Other Costs Plaintiff Paid Date: 8/27/09 (Seal) REQUESTING PARTY: Name MOIRA CAIN-MANNIX, ESQUIRE Address: MARCUS & SHAPIRA, LLP ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-471-3490 Supreme Court ID No. 81131 IS[ - IC-.. C s R. Long, Prothonotary By: . Deputy Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor a OF Fi"cTrP ?ERIFF FILE}-01--CE OF THE PNOTH NOTARY Exton Square Property, LLC vs. Seven Hills Inc. 2049 SEP -9 AH 9: 22 CUIv1R .ter x'a i~ t 11ArrY FPASYLVi? I` 111 Case Number 2009-5890 SHERIFF'S RETURN OF SERVICE 09/04/2009 02:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2009 at 1400 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Seven Hills, Inc., c/o Mr. Raghu Tadavarthy, in the hands, possession, or control of the within named garnishee, Fulton Bank, 1423 S Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Leslie Gans, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 8, 2009 to Seven Hills, Inc., attn: Mr. Raghu Tadavarthy, 3900 Trindle Road, Suite 200, Camp Hill, PA 17011. So Answers, R, homas Kline h iff By Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC Plaintiff, CIVIL DIVISION No. 09 - 5'7 -' C,-t -r. V. SEVEN HILLS, INC., Defendant. A? W1 6 -P INTERROGATORIES IN ATTACHMENT TO: Fulton Bank, Garnishee YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to defendant on any negotiable or other written instrument, or did defendant claim that you owed it any money or was liable to it for any reason? /W 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any propperty of any nature owned solely or in part by the defendant? /W 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in party by the defendant or in which defendant held or claimed any interest? ;?o 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? dw 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? /210 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to their direction or otherwise discharge any claim of the defendant against you? M 7. If your answer to any of the above is in the affirmative, please state the amount or value of the property you are holding. 8. Did the defendant have any other accounts with you in the past two years which are no longer open (including any loan accounts?) If so, please give the account numbers and the balances in the accounts during that period. tephen S. Zubrow (PA I.D. No. 43523) Moira Cain-Mannix (PA ID No. 81131) MARCUS & SHAPIRA LLP One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, Exton Square Property, LLC 2 w. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/ he is (Name) of , garnishee herein, (T sitle) (Company) that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. a 94;? &4W (SIGNATURE) FILED- OF L- ARY T1lc fr 2009 SEP 17 PH 12: 31 , r', Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R 4nderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Solicitor ??atr ?C L'?irtrl?,?rYrr?4 OFFiGE r r E ti :RIFF THL: ra?ly 200 Ol i 21 iii C;. 5 Cv I( Exto Square Property, LLC Case Number v Seve Hills Inc. 2009-5890 SHERIFF'S RETURN OF SERVICE 09/04/2 09 02:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on September 4, 2009 at 1400 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Seven Hills, Inc., c/o Mr. Raghu Tadavarthy, in the hands, possession, or control of the within named garnishee, Fulton Bank, 1423 S Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, by handing to Leslie Gans, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on September 8, 2009 to Seven Hills, Inc., attn: Mr. Raghu Tadavarthy, 3900 Trindle Road, Suite 200, Camp Hill, PA 17011. 10/20/ 009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $709.38 i/ /o/Z 3 je 9 SO ANSWERS, 0 20, 2009 R THOMAS KL.INE, SHERIFF By Sharon 112. Lan z G? ).00 D 9X IO „ .2 3a y/SJ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-5890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EXTON SQUARE PROPERTY, LLC, Plaintiff (s) From SEVEN HILLS, INC., c/o Mr. Raghu Tadavarthy, 3900 Trindle Road, Suite 200 Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: FULTON BANK, 1423 S. Market Street, Mechancisburg, PA 17055 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 $819,195.20 L.L. $.50 Interest from 5/28109 to 8/24/09 at 6% -- $11,850.00 Atty's Comm % Due Prothy $2.00 Atty Paid $56.00 Plaintiff Paid Other Costs Date: 8/27/09 (Seal) REQUESTING PARTY: Name MOIRA CAIN-MANNIX, ESQUIRE Address: MARCUS & SHAPIRA, LLP ONE OXFORD CENTRE, 35TH FLOOR 301 GRANT STREET PITTSBURGH, PA 15219 Attorney for: PLAINTIFF S C ,R. Long, Prothonotary By: Deputy Telephone: 412-471-3490 Supreme Court ID No. 81131 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC, Plaintiff, CIVIL ACTION -LAW No. 2009-5890 v. SEVEN HILLS, INC., Defendant, PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE FULTON BANK v. FULTON BANK, Garnishee Filed on Behalf of the Plaintiff, Exton Square Property, LLC Counsel of Record for this Party: Stephen S. Zubrow PA ID No. 43523 Moira Cain-Mannix Pa. I.D. No. 81131 MARCUS & SHAPIRA, LLP Firm No. 145 One Oxford Centre, 35th Floor 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXTON SQUARE PROPERTY, LLC, Plaintiff, CIVIL DIVISION No. 2009-5890 v. SEVEN HILLS, INC., Defendant, v. FULTON BANK, Garnishee. PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO GARNISHEE FULTON BANK TO THE PROTHONOTARY: Pursuant to Pa. R. Civ. P. 229, please mark the above action discontinued without prejudice as to Garnishee Fulton Bank. Plaintiff, Exton Square Property, LLC, reserves the right to reinstitute garnishment proceedings as necessary to collect on its judgment. Dated: November 2, 2009 Respectfully submitted, Stephen S. Zubrow Moira Cain-Mannix MARCUS & SHAPIRA LLP 35th Floor, One Oxford Centre 301 Grant Street Pittsburgh, PA 15219 (412) 471-3490 Counsel for Plaintiff, Exton Square Property, LLC CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Discontinue as to Garnishee Fulton Bank was served upon the following by facsimile and United States mail, first class service, postage prepaid, this ~ day of November, 2009: Fulton Bank 4429 Bonney Road, Suite 320 Virginia Beach, VA 23462 Attention: Chris Land Seven Hills, Inc. Attention: Mr. Raghu Tadavarthy 3900 Trindle Road, Suite 200 Camp Hill, PA 17011 Moira Cain-Mannix .._._ ,_. ~, ,_ .. _, ._ ~_ .~.-- `•,, ~ ~, r r• ~~ ~.~V!: ' ~ ,. ~8.0o PD pTM CI[.'K` oZ.Co~FSI ~ a33(o301