HomeMy WebLinkAbout09-81471 • 1 STATE OF MISSISSIPPI
COUNTY OF LEE
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cir4in , Clerk of the County Court of Lee County,
do hereby certify that the foregoing is a full and correct copy of
in the case therein entitled, as the same appears in my office,
IN TESTIMONY *WHEREOF, Ihave hereunto set my hand and affixed the Seal of
reedy.. Q, /•A•m'?.
Wy • day of ,
said Court at the City of Tupelo; . ffis
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STATE OF MISSISSIPPI
COUNTY OF LEE
I. Charles ?2.??c'e-tfi Judge of the County Court of Lee County
of said State, do hereby certify that Jovre__ LoWlYN _ by whom the
above attestation was made, was at the
qualified, and that the same is in d
Dated r- .
STATE OF MISSISSIPPI
COUNTY OF LEE
04-841 (2 ivilTerm
Clerk of said Court, duly
k made'by the proper officer.
I, Clerk of the County Court of Lee County; in and
for Lee County, do hereby certify that Honorable
whose genuine signature is subscribe Certificate, was, at the
date thereof, presiding Judge of
IN WITNESS WHEREOF, I h
said Court at the City of Tupelo
issioned, sworn and acting.
nd and affixed the Seal of
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IN THE COUNTY COURT OF LEE COUNTY, MISSISSIPPI
V I P CINEMA, L L C
PLAINTIFF
vs
CAUSE NO. CV2009-000525
WORLD PREMIER HOME ENTERTAINMENT, INC. DEFENDANT
DEFAULT JUDGMENT
This action having come on for hearing on the Motion of the Plaintiff for a Default Judgment
pursuant to Rule 55 of the Mississippi Rules of Civil Procedure, and the Defendant having been duly
served with the Summons and Complaint and not being an infant or an unrepresented incompetent
person and having failed to plead or otherwise defend, and Defendant's default having been duly
entered and the Defendant having taken no proceedings since such default was entered, the Court
finds that it has jurisdiction of the parties and subject to the matter of this cause and further finds
the Plaintiff is entitled to judgment against the Defendant for the sum of $4,120.50, plus interest
accruing at a rate of eight percent (8%) per annum from the date of filing, reasonable attorney's fees
of $1,030.12, plus all court cost erg.e?, for a total of $2.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Plaintiff have and recover of
and from Defendant WORLD PREMIER HOME ENTERTAINMENT, INC. the total sum of
$5363.62 together with interest on the principal balance at the rate of eight percent (8%) per
annum from the date of filing, for all of which let execution issue.
ORDERED AND ADJUDGED, this the ?day of 2009.
CO O J D
THOMAS M. MCELRO .0*0 ` NGSTAMP
301 NORTH BROADW F&E.D
P. O. BOX 1450 ? thatthe foregoing is afros copy of
?pf w in my o ice.
TUPELO, MS 38802-1 AUG 21 200,
TELEPHONE NUMB ,Loftin, irc erk
MSB. NO.2
543 9?+r. * :'••.....•?e?*,.r? ? - • - - =n ? /I ?in /?" ?pF7W.
D.C.
q1466
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V I P CINEMA, L L C
VS
PLAINTIFF
CAUSE NO.
WORLD PREMIER HOME ENTERTAINMENT DEFENDANT
NOTICE OF FILING FOREIGN JUDGMENT
I, Thomas M. McElroy, Attorney for the Plaintiff, after having been duly sworn, state
under oath as follows:
That the Plaintiff, V I P Cinema, L L C is located at 589 North Coley Road, Building
B, Tupelo, Mississippi 38801.
That the Defendant is indebted to the Plaintiff in the amount of $4,120.50 plus court
cost of $245.00 plus interest of $136.36 accruing on the principal at a rate of 8.000% plus
attorney fees of $1,030.12 for total of $5,531.98.
That the last known address of World Premier Home Entertainment is 5140 East
Trindle Road, Mechanicsburg, Pennsylvania 17050.
That the above amount has been reduced to a judgment in the County Court of Lee
County, Mississippi, and that the judgment is valid and enforceable.
That the balance on the account is correct and that the Defendant is in default under
the terms of the contract providing services or goods to the Defendant, that the charges
for services or goods are reasonable and that the Plaintiff is entitled to a judgment against
the Defendant.
That the Defendant has no set-offs, counter claims, or other claims of any nature
PAGE 1 OF 2
d.
against the Plaintiff company.
RESPECTFULLY SUBMITTED, this the 27th day of October, 2009.
ZMASM M. McELROY
ATTORNEY FOR PLAINTIFF
SWORN TO AND SUBSCRIBED before me this the 27th day of October, 2009.
ID #74262
: ° OTARY PUBLIC
REGINA C. PgESLEY
MY COMMISSION EXPIRES ???iyl r
liar 19, 12
PREPARED BY ?'?'?•^^UN•Cl .•
THOMAS M. McELROY, P.A.
301 NORTH BROADWAY
P.O. BOX 1450
TUPELO, MS 38802-1450
TELEPHONE NUMBER 662-842-3723
MSB. NO. 2543
PAGE 2 OF 2
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
V I P CINEMA, L L C
VS
PLAINTIFF
CAUSE NO.
WORLD PREMIER HOME ENTERTAINMENT DEFENDANT
AFFIDAVIT
Personally appeared before me the undersigned authority for the State and County
aforesaid, Thomas M. McElroy, Attorney for V I P Cinema, L L C, after being duly sworn,
states on oath as follows:
On August 21, 2009, judgment was rendered in the County Court of Lee County,
Mississippi, in a case styled V I P Cinema, L L C v. World Premier Home Entertainment,
Inc., in the amount of $4,120.50. The last known address of the judgment debtor is World
Premier Home Entertainment, Inc., 5140 East Trindle Road, Mechanicsburg, Pennsylvania
17050.
The last known address of the judgment creditor is V I P Cinema, L L C, 589 North
Coley Road, Building B, Tupelo, Mississippi 38801.
Further, the affiant says not.
DATED, this the 27th day of October, 2009.
'HOMAS M. MCE Y
ATTORNEY FOR PLAINTIFF
e - - "b
STATE OF MISSISSIPPI
COUNTY OF LEE
SWORN TO AND SUBSCRIBED before me, this the 27th day of October, 2009.
OF 60000000
?P,."Rwy P0,*"P i
'?.• ID # 74262 4 ;
REGINA C. PRESLEY
My Commission Expirew.
THOMAS M. McELROY P.,1- „•„-.•;?.1
301 NORTH BROADWAY
P.O. BOX 1450
TUPELO, MS 38802-1450
TELEPHONE NUMBER 662-842-3723
MSB. NO. 2543
PAGE 2 OF 2
_ W
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Docket Ertrv Repot
Page 7 n
Case Profile Docket COUNTY COURT CIVIL OF LEE Clerk Name : JOYCE R LOFTIN
Repeat COUNTY
Honorable Judge CHARLES R BRETT CV2009400626 V 1 P CINEMA VS WORLD PREMIER HOME
Filed Date Event Description Notes Document Title Viev ing
08f21R009 ,.?
04:67 PM DEFAULTJUDGIMENT CIVIL CASE DISPOSITION REPORT PUBLIC
071312009 APPLICATION AFFIDAVIT AND APPLICATION AFFIDAVIT AND
10:46 AM DEFAULT DEFAULT PUBLIC
07/31/2009
10:43 AM M
10:48 SUMMONS RETURN
SUMMONS RETURN 3 EXEC 6-23-09
PUBLIC
0610612009
11:11 AM COMPLAINT
- SUMMONS ISS 3 MAILED ATTY
r I COMPLAINT PUBLIC
z:
CERTIFYING STAMP
I hereby certify thallhe fort
original thpRof now in my
is atrue copyofthe
11
http://win4lOproxy0l .local.gov:8080/efs/DocketEntryReportPrint.jsp 11/16/2009
FILED?&:, E
2009 NOY 23 PH 3: 34
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
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CUM3,~F`;~i`~v :i~UNTY
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VIP Cinema, LLC Case Number
vs. 2009-8147
World Premiere Home Entertainment, Inc.
SHERIFF'S RETURN OF SERVICE
02/23/2010 09:38 AM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February
23, 2010 at 0938 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: World Premiere Home Entertainment, Inc., in the hands,
possession, or control of the within named garnishee, PNC Bank, 105 Noble Blvd, Carlisle, Cumberland
County, Pennsylvania 17013, by handing to Deb Elliott, Branch Manager, 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 February 25, 2010 to World Premiere Home
Entertainment, Inc., 5140 E Trindle Road, Mechanicsburg, PA 17050.
SO A
February 24, 2010 R Y R ANDERSON, SHERIFF
~.
Valerie Weary, Deputy
(ci GowaySuite ShenPf. Telac~OiP, Ir,~:.
SIRLIN GALLOGLY & LESSER, P.C.
By: Jon C. Sirlin, Esquire
Identification No.: 17498
1529 Walnut Street, Suite 600
Philadelphia, PA 19102
(215) 864-9700
Attorney for Garnishee
VIP CINEMA, LLC
FlLE--~~~~-_~:~ E
'~~ ThL ~~~i'i~'\OTARY
zo-o ~~ -9 ~~ ~a~ ~ ~
COURT OF COMMON PLEAS
COUNTY OF CUMBERLAND
vs.
WORLD PREMIERE HOME ENTERTAINMENT,
INC. : NU.09-8147
and
PNC BANK, NATIONAL ASSOCIATION,
GARNISHEE
ANSWERS TO INTERROGATORIES IN ATTACHMENT
TO: VIP CINEMA, LLC., Plaintiff
1. No.
2. Account titled World Premiere Home Entertainment, Inc. has been restricted pursuant to
this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the
depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of
$100.00 Legal Processing Charge, and allowing for the general monetary exemption under 42 Pa.C. S. §
8123 there is a balance of $6,605.51. In addition, pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's
attorney fee in the minimum amount of $300.00 is authorized and will be deducted from the attached
funds.
3. - 6. No.
7. (Q) If you are a bank or other financial institution, at the time you were served or
at any subsequent time did the defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that upon
deposit are exempt from execution, levy or attachment under Pennsylvania or federal law?
(A) No.
8. (Q) If you are a bank or other finan
at any subsequent time did the defendant have fug
on deposit, not including any otherwise exempt fug
monetary exemption under 42 Pa.C.S. § 8123?
(A) No.
vial institution, at the time you were served or
is on depos' in an ccount in which the funds
s, d' no xceed t e amount of the general
Dated: ~ttornev~for Garnishee
VERIFICATION
The undersigned hereby verifies that I am an authorized representative of
PNC Bank, N.A.; that the statements made in the foregoing Answers to
Interrogatories are true and correct to the best of my knowledge, information and
belief and that these statements are made subject to the penalties of 18Pa. C.S.
s4904, relating to unsworn falsification to authorities.
Re: VIP Cinema, LLC vs: World Premeir Home Entertainment, Inc.
.........~_.__ ................ C
__ . ~..._..._.....__..~._..__..._,__.. ~ Gf/
Name
Operations Work Leader 1
Title
DATE: 3-3-2010
Lit-233946:1
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