In the Circuit Court of
Wood County, West Virginia
Grand Central Parkersburg LLC,
Plaintiff,
v.
STS Phone Repair and Accessories
LLC,
Defendant
Case No. CC-54-2024-C-16
Judge Jason Wharton
Order of Publication
1. In this civil action and pursuant to Plaintiff’s September 12, 2024 Amended Complaint, Plaintiff seeks an order granting immediate possession of certain commercial real estate to Plaintiff; an entry of judgment in favor of Plaintiff for all delinquent minimum rent, operating cost charges, late fees, and all other monies to which Plaintiff may be entitled; declaratory judgment pursuant to W. Va. Code § 53-13-1, et seq., regarding Plaintiff’s rights and Defendant’s post-termination obligations under the operative February 8, 2022 commercial lease (the “Lease”) between Plaintiff and Defendant; an award for prejudgment interest, attorney’s fees, and costs incurred in the prosecution of this matter; and all other relief the Court deems to be just and proper.
2. Pursuant to the Lease, Defendant leases one-hundred sixty square feet of kiosk space (the “Leased Premises”) from Plaintiff located in the Grand Central Mall in Vienna, West Virginia.
3. The Lease runs from February 1, 2022, to January 31, 2027, unless terminated sooner under the Articles of the Lease.
4. As of the time of the Amended Complaint, Defendant was $83,313.68 in arrears of its obligation to Plaintiff and is withholding possession of the Leased Premises.
5. Plaintiff, despites its diligent efforts, pursuant to Rule 4(e)(1)(C) of the West Virginia Rules of Civil Procedure, is unable to ascertain the present location or whereabouts of Defendant.
6. Accordingly, Plaintiff is unable to serve Defendant through certified mail to its last known address in Queens Village, New York.
7. A copy of the Amended Complaint in this matter can be obtained from the undersigned Clerk at the Office of the Wood County Circuit Clerk, located at 1 Court Square, Parkersburg, Wood County, West Virginia 26101.
8. It appearing by affidavit filed in this action that Defendant is a foreign corporation who was unable to be served through certified mail to its last known address; that the location or whereabouts Defendant is unknown; and Plaintiff has made diligent but futile efforts to serve the Amended Complaint and Summons upon Defendant at Defendant’s last known address; it is accordingly ORDERED that he or she appear before or serve upon Plaintiff’s attorney James Matthew Davis, whose address is 500 Lee Street East, Suite 1600, Charleston, West Virginia 25301, an answer or other defense to the Complaint filed in this action on or before February 3, 2025, otherwise judgment will be taken by default against them at any time thereafter.
The Clerk is directed to provide a copy of this Order to counsel listed below.
/s/ Jason A. Wharton
Circuit Court Judge
4th Judicial Circuit
Prepared By:*
James Matthew Davis (WV State Bar No. 10820)
JACKSON KELLYPLLC
P. O. Box 553
Charleston, West Virginia 25322
(304) 340 1000
Counsel for Plaintif