NOTICE BY PUBLICATION – PATRICK MAGLIOZZI VS DANIELLE WOJCIECHOWSKI

STATE OF INDIANA
ST JOSEPH COUNTY
ST. JOSEPH SUPERIOR COURT
SS: 71D06-2510-CT-000415
PATRICK LAWRENCE MAGLIOZZI
vs
DANIELLE WOJCIECHOWSKI
NOTICE BY PUBLICATION
NOTICE OF COMPLAINT FOR DAMAGES
IN THE ST JOSEPH SUPERIOR COURT
ST JOSEPH COUNTY, STATE OF INDIANA
CAUSE NO. 71D06-2510-CT-000415
TO: DANIELLE WOJCIECHOWSKI:
A Complaint was filed against you in the St. Joseph Superior Court. The Complaint states: Plaintiff, by counsel, states as follows for his Complaint: Plaintiff is a resident of St. Joseph County, Indiana. Defendant was, at relevant times, a resident of St. Joseph County, Indiana. This Court has personal jurisdiction over Defendant pursuant to Indiana Trial Rule 4.4(A) because Defendant committed or caused the commission of a tortious act and Plaintiff’s pecuniary loss occurred in Indiana. Venue is proper in this Court under Indiana Trial Rule 75(A) because the events giving rise to the claims occurred in St. Joseph County, Indiana and Plaintiff resides here.
On or about December 8, 2023, Defendant knowingly and without authorization took from Plaintiff $8,500.00 in cash and $500.00 in gift cards, total $9,000.00. Plaintiff did not authorize Defendant to take, keep, or use those funds/gift cards and demanded return. Despite Plaintiff’s demands, Defendant has failed and refused to return the funds and gift cards. As a direct and proximate result, Plaintiff suffered pecuniary loss of $9,000.00, plus incidental damages and costs. By the conduct described, Defendant knowingly or intentionally exerted unauthorized control over Plaintiff’s property with intent to deprive Plaintiff of its value or use, constituting theft under Ind. Code § 35-43-4-2. Alternatively, Defendant knowingly or intentionally exerted unauthorized control over Plaintiff’s property, constituting criminal conversion under Ind. Code § 35-43-4-3. Under Ind. Code § 34-24-3-1, Plaintiff may recover up to treble damages, costs, and reasonable attorney’s fees.
WHEREFORE, Plaintiff, respectfully requests that the Court enter judgment in his favor and against Defendant and award:
A. Actual damages of $9,000.00;
B. Up to treble damages pursuant to Ind. Code § 34-24-3-1;
C. Reasonable attorney’s fees and costs of this action under Ind. Code § 34-24-3-1;
D. Post-judgment interest (and, in the alternative to treble damages, prejudgment interest as allowed by law); and
E. All other just and proper relief.
The attorney for Plaintiff is Gary L. Griner 121 E. Grove Street Mishawaka, IN 46545 (574) 255-1776. The case is pending in the St. Joseph Superior Court, 219 Lincolnway W., Mishawaka, IN 46544 (574) 257-6202.
You have twenty days to file an answer to the complaint. Failure to file an answer will result in entry of default judgment for the relief requested in the complaint.
(12-18)(01-01)