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HomeMy WebLinkAbout09-81471 • 1 STATE OF MISSISSIPPI COUNTY OF LEE LI ?. 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 .G •Z 5 ; ;O: .'f S ?• i' ; A014C2- W "?N vj ? 1-0 ••''•. MfSSISS\Q t.?`?. C RK 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 f C .off ER f, . 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 . ?a ,, ?., t++ ?.. i.: • +V ? ? . #4. t. d"';.F t""'?''1?r 1 t^ 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 $4,120.50. The last known address of the judgment debtor is World Premier Home Entertainment, Inc., 5140 East Trindle Road, Mechanicsburg, Pennsylvania 17050. The last known address of the judgment creditor is V I P Cinema, L L C, 589 North Coley Road, Building B, Tupelo, Mississippi 38801. Further, the affiant says not. DATED, this the 27th day of October, 2009. 'HOMAS M. MCE Y ATTORNEY FOR PLAINTIFF e - - "b STATE OF MISSISSIPPI COUNTY OF LEE SWORN TO AND SUBSCRIBED before me, this the 27th day of October, 2009. OF 60000000 ?P,."Rwy P0,*"P i '?.• ID # 74262 4 ; REGINA C. PRESLEY My Commission Expirew. THOMAS M. McELROY P.,1- „•„-.•;?.1 301 NORTH BROADWAY P.O. BOX 1450 TUPELO, MS 38802-1450 TELEPHONE NUMBER 662-842-3723 MSB. NO. 2543 PAGE 2 OF 2 _ W ,may:.' ? ?* ? Docket Ertrv Repot Page 7 n Case Profile Docket COUNTY COURT CIVIL OF LEE Clerk Name : JOYCE R LOFTIN Repeat COUNTY Honorable Judge CHARLES R BRETT CV2009400626 V 1 P CINEMA VS WORLD PREMIER HOME Filed Date Event Description Notes Document Title Viev ing 08f21R009 ,.? 04:67 PM DEFAULTJUDGIMENT CIVIL CASE DISPOSITION REPORT PUBLIC 071312009 APPLICATION AFFIDAVIT AND APPLICATION AFFIDAVIT AND 10:46 AM DEFAULT DEFAULT PUBLIC 07/31/2009 10:43 AM M 10:48 SUMMONS RETURN SUMMONS RETURN 3 EXEC 6-23-09 PUBLIC 0610612009 11:11 AM COMPLAINT - SUMMONS ISS 3 MAILED ATTY r I COMPLAINT PUBLIC z: CERTIFYING STAMP I hereby certify thallhe fort original thpRof now in my is atrue copyofthe 11 http://win4lOproxy0l .local.gov:8080/efs/DocketEntryReportPrint.jsp 11/16/2009 FILED?&:, E 2009 NOY 23 PH 3: 34 ,-LINTY PENN'5YL1,!r,Nv A. ,$aq.oo Pa AT Ti O,Y ibigg V*asqoq 7 ?.b4soe. " a °r r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~~~~y,~ti gi ~~t~nb~~.f~p~~ ,~ , -~ . F'; ncF_-.: F •'.3F fit $~cRIFF Fl~"~'~~ ~F THE 1~T~i~itidTAPY 1010MaR-I PM I~51 CUM3,~F`;~i`~v :i~UNTY ?EPdNS~~.V;~NlA 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 ,,,