HomeMy WebLinkAbout07-62470
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717) 233-8676
tarcher ,archerandarcher.com
Attorney for Plaintiffs
HERSHA INTERIORS & SUPPLY,
INC.
Plaintiff,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant.
NO. 07- 62Y7
CIVIL ACTION
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by attorney, and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET HELP:
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013 _
Dated: October 22, 2007 By:
Thomas A. Archer, Esquire
PA Atty. ID # 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
(717) 233-8676
Attorney for Plaintiffs
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717) 233-8676
tarcheraa,archerandarcher.com.
Attorney for Plaintiffs
HERSHA INTERIORS & SUPPLY, IN THE COURT OF COMMON
INC. PLEAS OF CUMBERLAND
COUNTY,
Plaintiff, PENNSYLVANIA
V.
NO. Q 7- G zq j
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN CIVIL ACTION
Defendant.
COMPLAINT
Plaintiff, Hersha Interiors & Supply Inc., by and through its undersigned attorney,
Archer & Archer, P.C., bring the following Complaint against Defendant, Modasser
Hussain d/b/a Best Western Park Inn d/b/a Playmore Farms Inn, and in support thereof
state as follows:
1. Plaintiff, Hersha Interiors & Supply, Inc. ("Plaintiff'), at all relevant times
is a Pennsylvania Business Corporation with a principal place of business located at 2400
Gettysburg Road, Camp Hill, Pennsylvania 17011. Plaintiff currently maintains a
principal place of business located at 44 Hersha Drive, Harrisburg, Pennsylvania, 17102.
2. Defendant, Modasser Hussain ("Defendant"), is an adult individual who,
through information and belief, operates and does business as Best Western Park Inn
and/or Playmore Farms Inn, located at 3391, Route 9, Saratoga Springs, New York
12866.
1
3. The court has jurisdiction over the subject matter of this suit because the
parties entered into an Agreement for the Sale of Goods at Plaintiff s place of business
located in Camp Hill, Cumberland County, Commonwealth of Pennsylvania and because
the goods provided were shipped and/or processed through Plaintiff s place of business
located in Camp Hill, Cumberland County, Commonwealth of Pennsylvania.
4. The court has personal jurisdiction over the Defendant because the
Defendant has availed itself of the laws of the Commonwealth of Pennsylvania as a result
of its transaction consummated with the Plaintiff in the County of Cumberland,
Commonwealth of Pennsylvania as well as Defendant's repeated and sufficient contacts
with Plaintiff in the County of Cumberland, Commonwealth of Pennsylvania.
COUNTI
5. At all relevant times, Plaintiff operated an interior design and supply
company which, among other things, sells hotel furnishings and supplies.
6. On or about July 20, 2005, Plaintiff and Defendant entered into a Sale of
Goods Agreement ("Agreement"), whereby Defendant agreed to purchase and Plaintiff
agreed to sell hotel furnishing and supplies to the Defendant. A true and correct copy of
the Sale of Goods Agreement is attached hereto and incorporated herein by reference as
Exhibit "A."
7. Pursuant to the Agreement, Plaintiff delivered various furnishings and
goods to the Defendant for the prices set forth in Plaintiff s invoices to Defendant, taken.
from Plaintiffs books and records, a true and correct copy of which are attached hereto
and incorporated herein by reference as Exhibit "B."
2
8. The prices charged for the aforesaid items are just and reasonable and are
those which Defendant promised to pay Plaintiff.
9. Defendant received and accepted the goods and materials described in the
invoices referred to above and a total principal amount which became due as a result
thereof, after allowance for all proper credits for payments and/or returned merchandise,
if any, was $22,718.14. A true and correct copy of Plaintiff's records regarding invoice
amounts and credits to the Defendant is attached hereto and incorporated herein by
reference as Exhibit "C."
10. Of the charges for which Defendant did pay, Plaintiff paid from an
account in the name of Playmore Farms Inn. Copies of Defendant's checks are attached
hereto and incorporated herein as Exhibit "D."
11. In addition to the principal sum owed to the Plaintiff by the Defendant,
Plaintiff is entitled to contractual interest at a rate of 18% per annum on the past due
balance, pursuant to the Agreement and Plaintiff's invoices to the Defendant. As of
October 17, 2007, the total amount of interest due Plaintiff is $3,407.72, for a total due
Plaintiff in the amount of $26,125.86.
12. Plaintiff has made demand against Defendant for the aforesaid sum, but
Defendant has failed and/or refused to pay the same of any part thereof.
13. Defendant's failure to pay Plaintiff the sums due and owing Plaintiff
constitute breach of Defendant's Agreement with the Plaintiff, all to the great harm and
damage of the Plaintiff.
14. At al material times, Plaintiff fully fulfilled its obligations pursuant to the
Agreement.
3
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$26,125.86, together with continually accruing interest at a rate of 18% per annum from
October 17, 2007, costs of suit, attorney's fees and any other relief the Court may deem
appropriate or to which the Plaintiff may be entitled as a matter of law.
COUNT II
ALTERNATIVE TO COUNT I-UNJUST ENRICHMENT
15. Plaintiff incorporates the allegations of paragraphs 1-14 herein as though
set forth herein at length.
16. The goods, wares, merchandise and/or services, described in the exhibits
attached hereto were purchased by Defendant and Defendant received and accepted the
benefit of such goods, wares, merchandise and/or services provided by Plaintiff.
17. At all times material hereto, Defendant was aware the Plaintiff was
providing the aforesaid goods, ware, merchandise and/or services to Defendant and that
Plaintiff expected to be paid for such.
18. At all times material hereto, Defendant, with the aforesaid knowledge,
permitted Plaintiff to provide and/or deliver said goods, wares, merchandise and/or
services and to incur damages.
19. At all material times hereto, Defendant was unjustly enriched by retaining
the benefit of receiving said goods, wares, merchandise and/or services without paying
Plaintiff fair and reasonable compensation.
20. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's
expense, Defendant has been unjustly enriched and is obligated to pay Plaintiff the
4
uantum meruit value of the goods, wares, merchandise and/or services described in the
exhibits hereto, in the amount of $22,718.14.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$22,718.14, costs of suit, attorney's fees and any other relief the Court may deem
appropriate or to which the Plaintiff may be entitled as a matter of law.
Respectfully Submitted:
Archer & Archer, P.C.
Date: October 22, 2007 By:
Thomas A. Archer, Esquire
PA Atty Id.: 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
(717) 233-8676
91 Z'j0 t0oz
??d
3HI JC)
Exhibit "A"
0:z/ Ili/ JL1 156: d1ti
,.%t
?i,uS14A
Modaeser Hussain
For: Best 'Western Park Inn
3391 Route 9
Saratoga Spriggs, NIA - 12866
rLArmUKL rAKMS 1NN HAUL U2
=HA IN=C)RS & SUPPLY, INC:,
2400 CW amts
c" fwt ra 17011
Moo; 717161.0400
Fm 717,761, )o
S'UR: FE&A SUPPLY PMBFST XESTERbJ , T fi&,S_PRINGS NYl
Mr. Modasser Hussain,
First of all let me thank you for giving Hersha Interior & supply a chance to supply FF&E for
your up-coming new project Best Wester Park I= 63 Rnom Property in Saratoga Spring, New
York.
As you are mare of all the items you required fOr your new project has beer, ordered and will be
shipped as per the schodule date.
The approximate cost of Goods would be somewhere around $ 2$3,627.45 any applicable
Freight and Tares witt be added latter on your faW Invoices. Which will aurally increase the
project cost.
Now we have a clear idea of the project cost, As mentioned during the initial phase we would'
require a 5V16 Deposit and a signed Sales Agreement.
We would require a Deposit of $141,813.73 towards this project out of which we have received a
Deposit of $0,000,00. Balance Deposit of S $76,813.73 is due immediately.
Also attached is the "Sales Of Goods Agreement" Which will be required to be signed off as a
general company policy.
Once again we at Heraha Interior & Supply thank you for your business and wish you and your
family a Good Luck for your new property,
Thank tq you,
-Sam A?Avlwv
I1L'q;ild
Hersha Interior & Supply
2400 GettysbwU Road
Camp HN, PA -17011
(T) 797 - 769 - 0400
{F} 717 - 781 - 8530
PO/10 39va 1 7AA( lti -m l nw k?H4N71-t 3Crn rn r a n . ? t _ .
21
FI I3!90 0E:-Y9 -- PLAYMORE FARMS INN PAGE e3
i t F Hersha Interiors Supply, Inc.
U0 60t**M - > tin, 17011 -rte: tai xn-aoo 14m- ( 761
41V
!t -
SAS, E !2F GQQRS AGREEMENT
SALE OF GOODS AGREEMENT (tom "Agra "j dated as of bow=
12 (dje "Buyer"), sad Ifershn Interiors & Supply, Inc,, a eorpora0m (the
This writing in conjunction with the attached package (the "Manifest") containing the
descriptions, quantities, and p6ces of the goods ordered shall constitute the entire Vwnteatt
between the parties.
1. Gems
1.1 The quote prig for goods ordered in the Manifest is an estimate based upon the facts
given to Hersha Interiors & Supply Inc. by the Buyer. Actual quautities may be subject to
change pending final me murements of the property and availabthty,
1.2 Final quantities should be verified and conf mW by the Buyer upon the signing of this
Agreement. Hersha Interiors & Supply Inc- will not be held responsible for overarms or
shortages in materiaU once the customer signs off on the final quantities.
1.3 Initial selections in product are based upon suggestions and recommend Rtions of Hersha
Interiors & Supply Inc. When applioable, these selections need to be approved by the &=*hise
and meet franchise specifications. If initial selections are rejected by the franchise, items may
need to be re-selected.
L4 If a particular item is unavaiiablc through vendors of Horsha Ipteriors & Supply, Inc., for
any reason, Hersha Interiors & Supply, Inc, reserves the right to substia to a shnilar product as
long as it oonforms to franchise specifications, customer pricing requirements and coordinates
with the ddcor of the project.
1.5 Any oanc4lations or exchanges in products must be reported three (3) woeks prior to .
tentative delivery or cancellation will not be accepted.
1,6 Due to the cutting process and padsing style, Hersha Interiors & Supply, Inc. carmot
guarantee the exact quantity. Hersha Interiors & Supply, Inc, will invoice per quantity shipped,
which may increase or decrease the amount of the total price quota,
1,7 The total price quote includes approximate Height sales tax charges. These charges
will be added later, as they occur aced customer will pay these charges directly to Hereha Interiors
& Supply, Inc.
IT. Pdhm
2.1 The Vendor will make contact with tho designated Site counter 48 hours prior to the
product leaving their warehouse to confirm the customer is ready for the produot to lie delivered.
2.2 Mlivery dates of products are appr'oxirmte. Hersha Interiors & Supply, Inc. will not
guarantee enact delivery dates to the custom.
23 Hersha Interiors & Supply, Inc. will not be held responsible for fluctuations in delivery
date due to manufacturer's availability of product, natural disasters, or other factors beyond
Seller's control.
2A The Buyer shall inspect the goods imr. adiaWy on their arrival and shall within 24 burs
of their arrival give written notice to the Sellcr of any claim that the goods do net conform with
the terms of the contract. If the Buyer shall fail to give such notice, the goods shall be deemed to
db:25 -- PLAYMORE FARMS INN PAGE 04
conform with the terms of the contract, and the buyer shall be bound to accept and pay for the
goads in accordance with the terms Of the contract.
25 All shipments will be accepted in whole by Buyer and claims with respect to defects in
part of a shipment will be made to the Seller and will not be asserted as the basis far rejection of
a ships=t.
2.6 H any of the goo& sold under this agree =t are discovered to be defective in msterials,
workmanship or design,, the Seller droll, at its sole option, repair or replace the carne. The
foregoing shall be the Buyer's sole and oxclusive. remedy for any breach of warmaTy by the
Seller.
2.7 Hersim Interiors & Supply, Inc. and its vendors will not be held responsible fir damSes
to the product after delivery. This includes damage incurred due to improper storage, theft and
incorrect product installation.
M. PAMM Terms
3A Pricing of items may chatp over time due to market fluctuations and other economic
factors- The quote price for goods ordered in the Manifest is good for 30 days from the date
listed on the Manifest:.xf after 30 days the Buyer has not made a final decision to employ the
servioes of Hersha Interiors & Supply, Inc., prices will need to be updaW by Hersha Interiors &
Supplyr Inc.
3.2 (a) Upon the signing of this Agreement by the Buyer, 0_% of the quoted mount
S23.517.4 will be due immediately to Hersha Interiors & Supply in cash, by certified check,
or by money order. Till date we have rewivod a Total deposit of UU09.00 and balance d"Bit
of $76,313,73 ie due Wunediately.
(b) fln invoicing (including partial delivery), _&b/a of the quoted arpount mod.
applicable Taxes & Freight will be due to I; mTJ* interiors & Supply in cash, by certifiod check,
or by money order. Buyer will be billed by Hersba fur this portion of the payment and must
remit payment immediately. 18% Interest per Anntun will be charges on all past due invoices.
3.3 Hersha interior and Supply Inc. is not and will not be held responsible for delays due
Buyer's actions, contractors actions, or any gawA fags outside of Seller's control- Delay in
const uction and delay in the opWng of the property will not be accepted as a reason for
nonpayment wider this agreement,
3.4 Any deviation from this payment schedule will be oonsidered a breach of this Agreement
unless expressly modified in writing by fiersha Interiors & Supply Inc, and Buyer.
3.5 A breach dul include a fhilure to make payment of any amounts when due under this
Agreement, including but not limited to payments for shipping chargea, sales tax, subuquent
additions to the order, and such failure continues for a period of O days after written notice from
the nonbreaching party.
2
tG1s0 30t7d
A-IddF S T2iOH VHS??H
0858T9LLTL, ba:ZT 5007,;6T140
rye: ij -- PLAYMORE FARMS INN PAGE 02
TV, &qwl
4.1 Capon the occurreace that buyer defaults, broaches, or acts in nonconformance the ScHer
shall be entitled to exercise any or all rernodies available at law, in
equity or otherwise including
but not limited to executing liens, withholding future shipmumts, with each such remedy being
considered cumulative. No single exercise of a remedy shall be deemed an election to forgo any
other remedy and any failure to pursue a remedy shall not prevent, restrict or atherwisc modify
its exercise subsequently,
V. CriOVXfIl4
jaW
5.1 This AWeement and the legal relations betwom the parties hereto shall be governed by,
enforced under and construed m accordance with the substantive laws of the Gornmonvwealth of
Perutsylvunia (Hoehn Interiors & Supply Inc. principle ph= of business), without ref once to
the con iet of laws principles thereof,
VI. ml waspas
6.1 This Agreement, the Manifest, and other documents referred to herein that farm a part
hereof; embody the entire agreement and understandings of the parties hereto in respea of the
sub)ect matter containcd herein and supersede all prior sgm marts and understandins between
the parties with respect to such "jam matter, including, by way of illustration and not by
lirnitation, any term sheet agreed to by the parties hereto prior to the date hereof. There am no
restrictions, promises, warranties, covenants, or undertakings othor theft those expressly set forth
or referred to herein
IN WITNESS %IEMO , the parties herato have caused this Agreement to be duly
executed.
B&N YAjfihLNAy l Omer H, S
Hero a Interiors and Supply, Iw. Representative
For: Best Western Park Irut
3391 Route 9
Saratoga Springs, NY-12866
Date
3
11 4, o-
Date
VO r VO 39vzi Aldril tti 19! nH t*y.c ,-, ,
Q?'GQrar r r ?
1Hra'7T rnn7 .r r ..,,
Exhibit "B"
SALES INVOICE
Patic I ui
Hersha Interiors & Supply, Inc. ?f DATE INVOICE #
` HOSPITALITY -SALES AND DESIGNS 1
08/30/2005 001101 I-IN
&O- NUMBER: 00 10393 TER,NIS
DUE BATE
2400 GMYSBURG ROAD ORDER DATE:
CAMP HILL, PA 17011 06/28/2005
PHONE (717) 761 - 0400 CUSTOMER NUMBER: 0012866 NO TERMS :8/30/2005
rAX (717) 761 - 8530
BILL TO:
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn Best Western -NY
3291 Route 9 C/O Playmore Farms Inn
Saratoga Springs, NY 12866 3291 Route 9
Saratoga Springs, NY 12866
SHIPED VIA:- SHIP DATE
SALESPERSON:
AM
ITEM NUMBER DESCRIPTION
r QUANTITY U
\TIT
, BACK
SHIPPED
UNIT PRICE
O
RDERED AI?fOU\T
0091000tMISCS King - Mattress / Boxspring
Daynasty Plush 15.00 EACH 0.00 15.00 448.00 6,720.OC
414140-61
Mattress: "H
boxspring: "H
0091000MISCS Queen - Mattress / Boxspring
Daynasty Plush 86.00 EACH 0.00 86.00 335.00 28,810.0(
414140-51
Mattress: "H
boxspring: "H
/MISCAD7 TAX BY VENDOR
1.00 1.00 2,375.80 2,375.8(
„ pu_ $ 5-33 '?'clvsancLb C H _ 4 09g
4 ?00 0
A LATE FEE AT 1.5`i MONTH (18% PER ANNUM)
CO - 4-253
Net Invoice: 37-905.8(
Sales Tar: 0.00
Invoice Total: 37,905.81.
Less Deposit: 0.0(
Total: 37,905.80
rLAYMURE FARMS INN PAGE 05
SALIES QRDEiR Page i of 1
'Hersha Interiors & Supp,Y7 Inc.
HOSMALITY - SALES AND DEMONS
QUDTE Nu\, m R:
=aa?c r r? sent l?,nn ORDS1t NiIA W 10343
CAMPJ? U., PA 17011 QRM DATR
eix?,y8 (717) ht1 . aa?u 0612W005
FAX C'17) 76; - S33Q
CUSTOWRNG; 00128"
BILL TO, -
Be* R'Wan pry
CGp plaprn re Porm IRA
3291 Route 9
3ar2400 $p&?A INY 12566
MW D$LTM TO ARRIVE
ialu
t:uwj-omy8;
SAXZSP$RSCN.- AM
ITEM NUmaFA
DESG13,11'nON
Q71?TY UNTI' PRICE AMDU-W
0091LOOMEcs
SHIP TQ:
B" wCatm -Nry
GO P1qum Farnss In>a
3291 RMft 9
Sur"& SMirWA NY 12866
King ~ MatUe" ! aonp, l4
Daynagy plush
414140-61
MStt3' a: "N
bcmpring: "H
15.00 EACH 44g,00 6,720.00
00910wwsCS Qwm - Mattress I Bmprring
16.00 Dayp1us11 EACTi 335.00 28,410.00
414140-51
Mme: "H
baxspring: ^B
s
O, n
Pr A 1711
CGSX TEL:
FAX:
Order Amawct;
APPL1CARLE SALES TAX AND FRRfGHr SWILL DE ADnRD LATER
-1-4 i np rn,gx
t;r-GRT9; ? T,
35,5311.11@
0--rn r---, ,.-
Page 1 of 1
Hersha Interiors & Supply, Inc. "t
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 040D
FAX (717) 761- 8530
SALES INVOICE
S-0- NUMBER-- 0010433
ORDER DATE: 07/11/2005
CUSTOMER NUMBER: 0012866
DATE INVOICE #
09/08/2005 0011016-IN
TERMS DUE DATE
NO TERMS 9/8/2005
rrEM ER DESCRIPTION QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
0091oooMrsCS # 4718 1.00 EACH 0.00 1.00 56.84 56.84
Struscan Tree - I
Frame # 894
Matting: QCP -095 Vanilla
0091000MIsCs # 4719 1.00 EACH 0.00 1.00 56.84 56.84
Struscan Tree - H
Frame # 894
Matting: QCP -095 Vanilla
Seeting Room Artwork
/FRGHT & RANDLI Freight & Handling
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
1.00
1.00 50.00 50.00
Net Invoice: 163.68
Sales Tax: 0.00
Invoice Total: 163.68
Less Deposit: 0.00
Total: 163.68
BILL TO: SHM TO:
Best Western -NY Best Western -NY
C/O Playmore Farms Inn C/O Playmore Farms Inn
3291 Route 9 3291 Route 9
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
rLAYMUKE I ARMS INN
SALES ORDER
Hersba Interiors & Supply) Inc,
HOSPITALITY - SALM VZ DESIGNS
14W CUT; MLAW 044b
CA•Wfj..FA17011
mic*m (717) 761 - 04M
FAX (717) -ffi1 . VS.W
PAGE 20
QUOTr`. NUMBER.,
ORDER NVb4JM- 0010435
ORDER DATE: 07/11/2003
CUSTOM M NO: 0012866
BILL T4:
13ew Western -NY
C/o plaEy1mie Fam Ian
3291 Ra-C 9
-%rataga Springs, NY 129M
SMP TO:
Beat won= NY
C/o pho mm pa= Inn
3291 Rm tq 9
&a 094 Sp IAA NY 12866
Pxge 1 of 1
b"T OIL,YVER TO AM
CUSTOM=: COST TZL,
SAL"PERSOAI: AM FAQ:
n'EM N ER DESCkI['?IaN
QUANWY UN1'c PRla AMOUNT
0091000umcs
1 00910D umcs
# 4718 1.00 -94WAM Tree - I EACH
56.84 56.84
ftft # 894
Matting: Qcp 4)95 vawlia
# 4719
Straw n Tree -11 1.00 EACH 36,94 56.84
Fr"W # 894
Matting: QC P -095 Vanilla
Meeting Room A]lwork
Order Aanonat: 113.aS
APP"CAW2 SALES TAX AND FRE'CHT WILT, U ADDFD LATER
Page i 0f l
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
2400 GEM YSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SALES INVOICE
S.O. NUMBER: 0010434
ORDER DATE: 07/11/2005
CUSTOMER NUMBER: 0012866
DATE INVOICE #
09/08/2005 0011017-IN
TERMS DUE DATE
NO TERMS 9/8/2005
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
ITFMNUMBER DESCRIPTION QUANTrrY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
0091000MISCS # 9639 1.00 EACH 0.00 1.00 58.00 58.00
Yellow
Frame # 293
Matting: QCP-0050 Sandstone
For Mens Public Bathroom
D091000MISCS # 9640
Red Hot
Frame # 293
Matting: QCP-0050 Sandstone
For Womens Public Bathroom
)r Public Bathroom
FRGHT & HANDLI Freight & Handling:
1
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
1.00 EACH 0.00 1.00 58.00 58.00
1.00
1.00 50.10 50.10
Net Invoice: 166.10
Sales Tax: 0.00
Invoice Total: 166.10
Less Deposit: 0.00
Total: 166.10
02103190 23:20 -- PLAYMORE FARMS 1NN r-HlM v7
SALES ORDERS 1 of 1
Hersha Interiors & Supply, Inc
aoskrAIzy - SALES AND DE oms QUGYTIr NCI!?MER:
ORDER NUMBk' 0010434
2dW osTTYMMO ROAD 01WER DATE: 07/1112005
r,,UV Ha J. PA 17x11
P qmm (717) 761 •04M
FAX (717) Tat . 8530
CUSTR NO; 0012866
BILL TO:
Best Nilaswn -NY
C/O Playnwre Farms Inn
3291 Ronto 9
Saratoga Springs, NY 12$66
SMP TO:
f" Wad= -NY
C14 Plomme Farms 1aa
3291 Route 9
Sar i Sp6rty. NY 12866
MYrS x AELiVER TO ARRM THR'U
CUSTOMM COST TEL; FAX
SALESPERSON: AM
ITEM NUMBER DESCRYfION' QUANTITY UNIT PRICE AMOUNT
0091000WWS # 9639
YOUDW
Frame # 293
Mftng: W-0050 UndAaw
For Mena Public Bathroom
1,00 EACH 58.00 58.00
00910001ASC3 # 4644
Rod 1w
Frame 4 2,93
Matting: Qcp4w50 SandBww
For Wow Public ftthmm
far Publk Bathroam
1
1.00 EACH 59.00 59,00
ardor Amount: 116.00
* APPLICASLE SALES TAX AmD Y+"MGH'f WILL = ADDED LAT F-R
Page I of
gersha Interiors & Supply, Inc. trio
HOSPITALITY - SALES AND DESIGNS 4f k?
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Drpaes Installation for the Guest Rooms
DATE INVOICE #
09/13/2005 0011037-IN
TERMS DUE DATE
NO TERMS 9/13/2005
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
- Saratoga Springs, NY 12866
A LATE FEE AT 1 ?0f MONTH (18% PER ANNUM)
SALES INVOICE
S.O. NUMBER: 0010514
ORDER DATE: 08/05/2005
CUSTOMER NUMBER: 0012866
Net Invoice: 5,055.00
Sales Tax: 0.00
Invoice Total: 5,055.00
Less Deposit: 0.00
Total: 5,055.00
SALES ORDER
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (7I7) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
/ ?s
\\O
QUOTE NUMBER
ORDER NUMBER: 0010514
ORDER DATE: 08/05/2005
CUSTOMER NO: 0012866
SHIP TO:
Best Westem -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Page 1 of 1
MUST DELIVER TO ARRIVE THRU
CUSTOMER: CUS
SALESPERSON: AM
T TEL:
FAX:
ITEM NUI?SER DESCRIPTION
_ QUANTITY UNIT PRICE AMOUNT
0091000MISCS INSTALLATIN CHARGES
1.00 EACH 5,055.00 5,055.00
Drpaes Installation for the Guest Rooms
Order Amount: 5,055.00
" APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
SALES ORDER
Hersha Interiors & Supply, Inc.:_
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HQ-L, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
QUOTE NUMBER:
ORDER NUMBER: 0010388
ORDER DATE: 06/27/2005
CUSTOMER NO: 0012866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Page 1 of 3
MUST DELIVER TO ARRIVE THRU
CUSTOMER: OUST TEL: FAX:
SALESPERSON: AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT
)091000MLSCS CORNICE 85.000 / 14.000 65.00 EACH 73.24 4,760.60
FABRIC: FABRICUT
PATTERN: SAPLING JASMINE ON 54"
WIDE BASE CLOTH
STYLE: 600
)0910001vfLSCS DRAPE 78.000 / 80.000
PP/ W/3PASS VSBO
FABRIC: FABRICUT
PATTERN: SAPLING JASMINE
RETURN: 6"
PAIR
091000MISCS BLACKOUT 66.000 / 79.5000
PINCH PLEAT UNLINED
WINDSONG III MARBLE 118"
PAIR
65.00 EACH 144.80 9,412.00
65.00 EACH
38.42 2,497.30
091000MISCS GRABER ROD 60.000 / 0.000 65.00 EACH 46.75 3,038.75
U
01120/90 21:04 -- PLAYMORE FARMS INN PAGE 02
SALES ORDER 'age 2 Qf 3
Helrsha' Interiors & Supply, Inc. :
H09krALTTY - SALES AND DMONS QUOTE N UhMER:
ORDER INU : 0010399
200 Cii-iITYS3L= Raw ORDER. DATE: 0&27)2005
C!MPtM.1... PA 17011
1-mm l (717) 78! - ow
PAX (717) 761 - 9W
CUSTOMER ISO: 0012866
BILL TO:
Best Western -NY
CIO Playmm F2= ltm
.241 Route 9
Saratoga Springs, NY 12866
SHIP TO:
Best Westem NY
C/O Pla"re Fame I=
3291 llnute 9
Saramp Springs- N1` 12866
MUST DELWM TO ARRWE 'n1`mu
CUSTWIM: OUST TEL: FAX:
SALESPMSON, AM
ITEM NUMBER DESCi?TPT ON 01;A]+T IrY L'NI r PRICE AMt?IN'1'
9r. Hnast?i>ct ??
Please Approve
This is not a filn8l order pirce will dmage
after Pre-Mamarement. .rh to
1+rK ?,x??1 ia??• t?co+SaYr Uri ?c?? ? eY !p
We need to pipee this order to purchase the
fabric.
IndaWWa chArgm will be added latter
Thanking You,
A,it4ish 1llody
tG)"Zo ?ntid -188nS 7310H "Hq? H GIPfiRT411TI F.7.'TT C1'ACa7/17/qQ
SALES ORDER
Hersha Inferiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
2400 G=YSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
Page 3 of 3
QUOTE NUMBER
ORDER NUMBER: 0010388
ORDER DATE: 06/27/2005
CUSTOMER NO: 0012866
SILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
I MUST DELIVER TO ARRIVE THRU
CUSTOMER: OUST TEL: FAX:
SALESPERSON: AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Order Amount:
19,708.65
" APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
Page I of 1
: sha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SALES INVOICE
S-0- NUMBER: 0010613
ORDER DATE: 09/12/2005
CUSTOMER NUMBER: 0012866
DATE INVOICE#
09/20/2005 0011061-IN
TERMS DUE DATE
NO TERMS 1 ___2/20/2005
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SHIPED VIA: SHIP DATE SALESPERSON : AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
0091000MISCS Men Hanger # L7KP-66-N-D 2.00 EACH 0.00 2.00 66.00 132.00
vi^;tional verbal order by Mr. Hussain
I /t GHT & HANDLI Freight & Handling
1.00 1.00 24.86 24.86
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
Net Invoice: 156.86
Sales Tax: 0.00
Invoice Total: 156.86
Less Dcposit: 0.00
Total: 156.86
SALES ORDER
Hersha Interiors & Supply, Inc,
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
Page 1 of 1
QUOTE NUMBER:
ORDER NUMBER 0010613
ORDER DATE: 09/12/2005
CUSTOMER NO: 0012866
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga SPrings, NY 12866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga SPrings, NY 12866
MUST DELIVER TO ARRIVE THRU
CUSTOMER: CUST TEL: FAX:
SALESPERSON: AM
TI'EM NUMBER DESCRIPTION
QUANTITY UNIT PRICE AMOUNT
I D091000MISCS Men Hanger # L7KP-66-N D
Additional verbal order by Mr. Hussain
2.00 EACH 66.00
Order Amount:
132.00
132.00
" APPLICABLE SALES TAX AND FREIGHT WILL, BE ADDED LATER
SALES INVOICE
Hersha Interiors & Supply, Inc. %- tie
HOSPITALITY - SALES AND DESIGNS 4 f %
2100 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
S.o. r1UMBER: 0010609
ORDER DATE: 09/12/2005
CUSTOMER NUMBER: 0012866
DATE INVOICE #
11/04/2005 0011149-IN
TERMS DUE DATE
NO TERMS 11/4/2005
SHIP TO:
Best Western -NY `t
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SHIED VL4 SHIP DATE SALESPERSON.: AM
:TEIvf NUMBER DESCRIPTION QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
)091000MISCS Valance Board 1.00 EACH 0.00 1.00 174.00 174.00
For all Public area
(Total - 12)
)091000MISCS Valance Fabric O' EACH 0.00 1.00 4,825.00 4,825.00
Fabric: Canfu Pear
Style 9471
For all Public area
(Total - 12)
)091000MISCS Sheer 1.00 EACH 0.00 1.00 1,910.00 1,910.00
Fabric: Cliff Champagne
For all Public area
(Total - 12)
D091000MISCS Rods 1.00 EACH 0.00 1-00 255.00 255.00
For all Public area
(Total - 12)
D091000MISCS Installation Charges 1.00 EACH 0.00 1.00 875.00 875.00
For all Public area
(Total - 12)
(FRGHT g HANDLI Freight & Handling 1.00 1.00 314.03 314.03
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
WILL BE ADDED TO OVER 30 DAYS PAST DUE AMOUNTS
Net Invoice: 8.353.03
Safes Tax: 0.00
Invoice Total: 8„353.03
t Less Deposit: 0,00
Total: 8,353.03
SALES ORDER
Hersha Interiors & Supply, Inc. HOSPTTA= - SALES AND DESIGNS
7400 GETZTYSBURGROAD
CAMP HE I , PA 17011
PHONE (717) 761 - 0400
FAX (7I7) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
QUOTE NUMBER
ORDER NUMBER: 0010609
ORDER DATE: 09/12/2005
CUSTOMER NO: 0012866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Page 1 of 2
MUST DELIVER TO ARRIVE THRU
CUSTOMER: OUST TEL: FAX:
SALESPERSON: AM
ITEM NUMBER DESCRIPTION
QUANTITY UNIT PRICE AMOUNT
0091000MISCS Valance Board 1.00 EACH 174.00 174.00
For all Public area
(Total - 12)
0091000MISCS Valance Fabric 1.00 EACH 4,825.00 4,825.00
Fabric: Canfu Pear
Style 9471
For all Public area
(Total - 12)
0091000MISCS Sheer 1.00 EACH 1,910.00 1,910.00
Fabric: Cliff Champagne
For all Public area
(Total - 12)
0091000NIISCS Rods 1.00 EACH 255.00 255.00
For all Public area
(Total -12)
SALES ORDER
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
2400 GETfYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
QUOTE NUMBER:
ORDER NUMBER: 0010609
ORDER DATE: 09/12/2005
CUSTOMER NO: 0012866
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY
12866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Page 2 of 2
I MUST DELIVER TO ARRIVE THRU
I CUSTOMER:
I SALESPERSON: AM
CUST TEL:
FAX:
I ITEM NUMBER DESCRIPTION
QUANTITY UNIT PRICE AMOUNT
)091000MISCS Installation Charges 1.00 EACH 875.00 875.00
For all Public area
(Total - 12)
Order Amount:
APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
8,039.00
SALES INVOICE
llersha Interiors & Supply, Inc. ?r
Ii('!SPfTALiTY- SALES AND DESIGNS
_..:400 UETrVSBURG ROAD
CAMP HILL. PA 17011
PHONE (717) 761 - 040o
FAX (717) 761- 5530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SNIPED VIA:
DATE 4 INVOICE #
12.'23/2005 0011211-IN
S.O. NUMBER: 0010500 TL• R\IS DUE DATE
ORDER DATE: 12/23/2005
CUSTOMER NUMBER: 0012866 NO TERMS 12/23/2005
SHIP TO:
Best Western -NY
C/O PIaymore Farms Inn
3291 Route 9
Saratoga Springs, NTY 12566
SHIP DATE SALESPERSON : AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
0"'.I' 000.\'iiSCs Breakfast area drapes 1.00 EACH 0.00 1.00 145.00 145.00
one set which was shipped latter
/FRGHT &. HANDLI Freight & Handling
A LATE FEE AT 1.5%, MONTH (I S% PER ANNUM)
WILL BE ADDED TO OVER 30 DAYS PAST DUE AMOUNTS
1.00 1.00 9.35 935
Net Invoice: 154.35
Sales Tax: 0.00
Invoice Total: 154.35
Less Deposit: 0.00
Total: 154.35
SALES ORDER
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS -O
_400 GE7TYSBURG ROAD
CAMP HILL., PA 17011
PHONE (717) 761 - 0400
FAX (717) 761- 8530
Page 1 of 1
QUOTE NUMBER:
ORDER NUMBER: 0010800
ORDER DATE: 12/23/2005
CUSTOMER NO: 0012866
BILL TO:
Best Western -NY
:' /0 Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
MUST DELIVER TO ARRIVE: THRU
?USTOMER: CUST TEL: FAX:
iALESPERSON: AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1091000MISCS Breakfast area drapes
one set which was shipped latter
1.00 EACH 145.00
Order Amount:
145.00
145.00
* APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
Page
Hersha Interiors & Supply, Inc. %k
HOSPITALITY - SALES AND DESIGNS
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
SALES INVOICE
s.O. NUMBER: 0010834
ORDER DATE: 03/01/2006
CUSTOMER NUMBER: 0012866
DATE INVOICE #
02/14/2006 0011240-IN
TERMS DUE DATE
NO TERMS 2/14/2006
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
I Of I
SHIPBD VIA: SHIP DATE SALESPERSON : AM
TEM NUMBER DESCRIPTION QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
ORDERED
)091000MISCS T.V Armorie Deck 1.00 EACH 0.00 1.00 170.00 170.00
dditional order orginal damaged While Installing
FRGHT & HANDLI Freight & Handling
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
WILL BE ADDED TO OVER 30 DAYS PAST DUE AMOUNTS
1.00 1.00 73.00 73.00
Net Invoice: 243.00
Sales Tax: 0.00
Invoice Total: 243.00
Less Deposit: 0.00
Total: 243.00
SALES ORDER
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS
1909 NOTRH FRONT STREET
HARRISBURG, PA 17102
PHONE (717) 236 - 2242
FAX (717) 236 - 2262
SILL TO:
3est Western -NY
?/O Playmore Farms Inn
1291 Route 9
'aratoga Springs, NY 12866
Page I of I
QUOTE NUMBER:
ORDER NUMBER: 0010834
ORDER DATE: 3/1/2006
CUSTOMER NO: 0012866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
9UST DELIVER TO ARRIVE: THRU
?USTOMER: CUST TEL: FAX:
;ALESPERSON: AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1091000MISCS T.V Armorie Deck
1.00 EACH 170.00
Additional order orginal damaged While Installing
Order Amount:
170.00
170.00
* APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
Page 1 of 1
Ashish.Mody
From: mohammad hussain [modasser.hussain@gmail.com]
Sent: Wednesday, August 03, 2005 12:33 PM
To: modi@hersha.com
Subject: damaged furniture
Dear Ashish,
We found 1 Upper T.V. Armoire(482-341) and 1 Coffee table (40481-122) that were damaged. These 2
furnitures correspond to the pics I sent you earlier. Unfortunately, there is alot of chaos of people
working in the building, so the other T.V. Armoire is somewhere misplaced in the first floor. But, the
boxes for all the furnitures were thrown out by the contracting crew without my knowledge. So, I am
not sure what needs to be done in order for these damaged furnitures to be shipped back.
I understand that these damaged furnitures need to be ready for the other remaining furnitures to arrive.
It is very critical that the remaining furniture deliveries be expidited as soon as possible.
My father is in a meeting until 2:00pm. You may call me or ask for my mother for other necessary
information.
Thank you.
Duke
'Mr. Hussain's son'
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.371 / Virus Database: 267.14.1/206 - Release Date: 12/16/2005
10/2/2007
SALES INVOICE
Hersha Interiors & Supply, Inc. '
HOSPITALITY - SALES AND DESIGNS
.-VA
2400 GETTYSBURG ROAD
CAMP HILL, PA 17011
PHONE (717) 761 - 0400
FAX (717) 761 - 8530
BILL TO:
Best Western -NY
C/O Playmore Farms inn
3291 Route 9
1-0-NUMBER: 0010835
ORDER DATE: 03/01/2006
CUSTOMER NUMBER: 0012866
Page 1 of I
DATE IM7OICE #
12/19/2005 0011241-IN
TERMS DUE DATE
Net 30 1/17/2006
SHIP TO:
Best Western -NY
C/O Playmore Farms inn
3291 Route 9
Saratoga Springs, NY 12866 Saratoga Springs, NY 12866
SHIPED VIA: SHIP DATE SALESPERSON : AM
I
TEM NUMBER DESCRIPTION
QUANTITY UNIT BACK SHIPPED UNIT PRICE AMOUNT
?09I000MISCS Cocktail Table
3ditional Order Original damaged while installing
FRGHT & HANDLI Freight & Handling
A LATE FEE AT 1.5% MONTH (18% PER ANNUM)
WILL BE ADDED TO OVER 30 DAYS PAST DUE AMOUNTS
1.00 EACH 0.00 1.00 1
1.00
1.00
Net Invoice:
Sales Tax:
Invoice Total:
Less Deposit:
Total:
73.00
i
192.65
73.00
265.65
0.00
265.65
0.00
265.65
SALES ORDER
Hersha Interiors & Supply, Inc.
HOSPITALITY - SALES AND DESIGNS K
1909 NOTRH FRONT STREET
HARRISBURG, PA 17102
PHONE (717) 236 - 2242
FAX (717) 236 - 2262
BILL TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
QUOTE NUMBER:
ORDER NUMBER: 0010835
ORDER DATE: 3/1/2006
CUSTOMER NO. 0012866
SHIP TO:
Best Western -NY
C/O Playmore Farms Inn
3291 Route 9
Saratoga Springs, NY 12866
Page I of 1
'MUST DELIVER TO ARRIVE: THRU
2USTOMER: CUST TEL: FAX:
SALESPERSON: AM
ITEM NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT
091000MISCS Cocktail Table
1.00 EACH 192.65
Additional Order Original damaged while installing
Order Amount:
192.65
192.65
•
* APPLICABLE SALES TAX AND FREIGHT WILL BE ADDED LATER
Page 1 of 1
Ashish.Mody
From: mohammad hussain [mod asser.hussain@gmail.com]
Sent: Wednesday, August 03, 2005 5:08 PM
To: modi@hersha.com
Subject: furniture
Dear Ashish,
Since time is becoming a big factor, please go ahead with just the 2 damaged furniture.
Thanks.
Mr. Hussain
No virus found in this incoming message.
Checked by AVG Free Edition.
Version: 7.1.371 / Virus Database: 267.14.1/206 - Release Date: 12/16/2005
10/2/2007
Exhibit "C"
I 1A 1 CASEGOODS - KING 10903 7125/2005 8Jul-05 $29,M.58
2 1B 1 CASEGOODS - QUEEN 10978 8!1812005 Wul-05 $49,893.92
3 1C 1 LUGGAGE RACK 10899 712512005 24-Jul-05 $1,450.22
4 2 1 SEATING 10994 8/2512005 1810712005 $257667.96
5 3 1 MIRROR / ART WORK 10993 812512005 2010712005 $8,465.10
6 4A 1 LAMPS - KING 10927 7129/2005 15/07/2005 $3,088.28
7 4B 1 LAMPS - QUEEN 10926 7129/2005 15107!2005 $7,056.00
8 5 1 TELEVISION 10966 8/15/2005 29-Jul-05 $14,500.00
9 6A 1 CARPET - GR 10898 712512005 15/0712005 $23,979.92
6AA 1 CARPET - GR 10986 8125!2005 $2479.94
10 6B 1 PADDING - GR 10866 7/612005 29/0612005 $4,067.45
M TA 1 BED BASE 10907 7/2612005 25-Jul-05 $7,414.98
12 7B 1 MATTRESS 11011 8/3012005 274ul-05 $37,905.90
13 8 1 BED SPREADS 10970 811712005 29-Jul-05 $8,341.22
14 9A 1 BABY CRIBS
15
9B
1
ROLLAWAY BEDS 10958 $11512005 8-Aug-05 $1,032.00
16 10A 1 DRAPES 10937 9-Au 29-Jul-05 655.84
17 10B 1 INSTALLATION 11037 1 29-Jul-05 $5,055.00
18 10C , 1. PRE-MEASUREMENT 11004 30-AIM 1 10JU1-05 lµ50.00
19 1iA 2 CARPET FIELD ALL AREA 10950 8/15/2005 1- -05 $9195.63
20 11B 2 PADDING ALL PUBLIC AREA 10925 7/2912005 25-Jul-05 $1667.60
11812 2 ADD PADDING BY MR HUSSAIN 10941 8/9!2005 $2,348.40 1
21 11C : 2 PAVILION - FURNITURE 10830 813/2005 28JU1.05 $1,946.67
23
11E
2
PAVILION -DRAPES • • -
11149
•
111412005
ASAP
8,353.031
=A 11E-A 2 PAVILION - DRAPES 11211 12!23!2005 $154.35
24 12A 2 CORRIDOR - CARPET 10905 25
$14,99L311
26 '
28 -'12C
`13A 2
2 STAIRWAYSC6IRTNESS -CARPET
-•- • •
DINING AREA -ARTWORK 10905
•
11005
30-Aug 25
28JU1-05 $0.00
$348.19
29 13B 2 DINING AREA - TABLES & CHAIR 10992 25-Au 28-Jul-05 $3,329.34
30 14A 2 MEETING ROOM - TABLE & CHAIR 10985 25-Au 1510812005 $2174.41
31-.'. 148.: 2 T.V CART 10918 07129/05 284ul-05 $149.92
33 141). 2 MEETING ROOM • ART WORK 11016 9/8/2005 28JU1-0S S163.88
35' " 158 2 'FITNESS AREA EQUIPMENT 10943 8!8!2005 28Ju1-05 $7,913.03
36 - '16 2 PUBLIC'BATHROOM ARTWORK
• 11017 918/2005 29.1&05 $166.10
38' ` 18 2 . LAUNDRY ACC. 10942 8/9/2005 28-Jul-05 $766.22
39 18A 2 GUEST ROOM ACC. 10933 81312005 28Ju1-05 >rt 859.36
40 19B 2 MICRO/FRIDGE 10984 8/2512005 28-Jul-05 $10,72620
19C 2 ADDITIONAL MENS HANGERS 11061 9/2001005 $156.86
HOUSE KEEPING EQUIPMENTS $2,312.12
41 20A 2 VACCUUM CLEANERS 10973 8/1712005 284ul-05
LUGGAGE CART
42 ADD-1 2 SHEETS 10940 8/9/2005 ASAP $4,610.68
43 ADD-2 2 TOWEL / BLANKET/ M.PADS 10987 8/2512005 ASAP $6,067.18
•
44 REP-1 2 T.V-ARMORIE 11240 2/1412006 ASAP $243.00
45 REP 2 2 COCKTAIL TABLE 11241 111712006 ASAP $265.65
$335,718.14 $0.00
PAYMENTS
CK#1 $5,000.00
CH#2 $30,000.00
CK#3 $30,000.00
CK#4 $20,000.00
CK#5 $18,000.00
CK#6 $30,000.00
Ck#7 $15,000.00
CK#8 $10,000.00
CK#9 $10,000.00
Ck#10 $20,000.00
CK911 $20,000.00
CK#12 $25,000.00
CK#13 $25,000.00
CK # 14 $20,000.00
CK # 15 $30,000.00
CK # 16 $5,000.00
$313,000.00
CK # 3127 DT: 06/0212005
CK# 437109646-4 DT: 06/1312005
CK # 3153 DT: 06/27/2005
CK # 3183 DT:07127/2D05
CK # 3332 DT: 09/14/2005
CK # 3411 DT: 10/17/2005
CK # 3486 DT: 11/21/2005
CK # 3544 DT: 12/23/2005
CK # 3623 DT: 02127/2006
CK # 3705 DT 0412812006
CK # 3820 DT: 06/24/06
?,K # 3997 DT: 09125/06
:K # 4042 ST: 10125106
'K # 4099 DT; 12106/06
-K # 4253
BALANCE TILL DATE $22,718.14
BEST WESTERN
Mr. HUSSAIN
1002007 BALANCE STATEMENT
Exhibit "D"
F??AYMORE FARMS INN 12/04 - =
ROUTE.9
ARATOGA SPRINGS, NY 12886 3127
PH. 518-5842350
PAY DATE r C? r '29-7003/2213
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Best Western
Playmore Farms
June 13, 2005
Hersha Interiors and Supply
2400 Gettysburg Road
Camp Hill, PA 17011
Attn: Mr. Ben Vaishnav, General Manager
Dear Ben,
As per our telephone conversation yesterday, I am sending with this letter a check
of $30,000, in addition to our previous deposit of $5,000. I will be in touch with you
shortly in regards to the final adjustment to the pricing of all items.
Sincerely,
odasser Hussain
3291 South Broadway
Saratoga Springs, NY 12866
(518) 584-2350 Fax: (518) 584-2480
Playmore Farms Inn
3291 ROUTE 9
SARATOGA SPRINGS, NEW YORK 12866
P
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TO THE
ORDER OF
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3153
29-7003/2213
DATE
DOLLARS.
?? Citizens Bank 11-1
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THE WORLD'S LARGEST
HOTEL CHAIW
June 27,2005
Mr. Ben Vaishnav
HESHA INTERIORS & SUPPLY INC.
2400Gettysburg Road,
CAMP HILL, PA 17011
Sub: 2nd Deposit for FF & E Purchase Orders
Best Western
Park Inn
Dear Ben,
As per our telephone discussion I am sending, amounting $ 30,000.00.
Please give me a call at your convenience time to finalize the Beddings, TV etc.
Thanking you.
Sincerely,
Modasser Huss n
3291 Route 9
Saratoga Springs, NY 12866
(518) 584-2350 Fax (518) 584-2480
stay@playmorefarms.com
For Reservations Call 1-800-WESTERN
Playmore Farms Inn
3291 ROUTE 9
SARATOGA SPRINGS, NEW YORK 12866
P
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TO THE
ORDER OF ' i a osm t? `{ZS
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`_? 29-7003/2213
DATE u
DOLLARS
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FOR ?'? ryp
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Su?PLY
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HOTEL CHAIN*
July 27,2005
Mr. Ben Vaishnav
HERSHA INTERIORS & SUPPLY INC.
2400 Gettysburg Road
Camp Hill, PA 17011
Subject: 3rd Payment
Dear Ben,
Best Western
Park Inn
As per our telephone discussion I am sending the payment of $ 20,000.00 with
this note. I am sorry for little delay.
Sincerely, ,?
Modasser Hussain
3291 Route 9
Saratoga Springs, NY 12856
(518) 584-2350 Fax (518) 584-2480
stay®playmorefarms.com
For Reservations Call 1-800-WESTERN
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CERTIFICATE OF SERVICE
I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via deposit in first-
class mail, to the following:
Modasser Hussain d/b/a Best Western Park Inn
d/b/a Playmore Farms Inn
3391, Route 9
Saratoga Springs, NY 12866
Date: October 22, 2007
i
Thomas A. Archer, Esquire
Attorney I.D. # 73293
Attorney for Plaintiff
VERIFICATION
I, Ben Vaishnav, verify that the facts contained in the foregoing Complaint are true and
correct based upon information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date: October 19, 2007 H S .
Ben Vaishna
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Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717) 233-8676
tarcher(&archerandarcher.com
Attorney for Plaintiffs
HERSHA INTERIORS & SUPPLY, IN THE COURT OF COMMON
INC. PLEAS OF CUMBERLAND
COUNTY,
Plaintiff, PENNSYLVANIA
V.
NO. 07-6247
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN CIVIL ACTION
Defendant.
PRAECIPE TO REINSTATE
TO THE PROTHONOTARY:
Kindly reinstate/reissue the attached Complaint regarding this matter.
Dated: December 26, 2007
ARCHER & ARCHER, P.C.:
Thomas A. Archer, Esquire
I.D. #73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110-0056
717.233.8676
Attorney for Plaintiff
By:. r114 [ ? ?
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HERSHA INTERIORS & SUPPLY, INC
Plaintiff
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - IN LAW
NO. 07-6247
NOTICE TO PLEAD
To: Hersha Interiors and Supply, Inc., through its attorney, Thomas A. Archer, Esquire, 2515
North Front Street, P.O. Box 5056, Harrisburg, PA 17110.
You are hereby notified to plead to the within New Matter and Counterclaim, within
twenty days from service hereof, or a default judgment may be entered against you.
Date: January 17, 2008
Very respectfully,
41ar K o4.
DOUGLAS C. LOVELACE, JR., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
Attorney for Defendant
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
: CIVIL ACTION - IN LAW
: NO. 07-6247
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW
MATTER AND COUNTERCLAIM
AND NOW, January 17, 2008, Defendant, by its attorney, Douglas C. Lovelace,
Jr., files this Answer to Plaintiff's Complaint with New Matter and Counterclaim and
avers as follows:
ANSWER
1. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of this averment and proof thereof is
demanded, if relevant.
2. Denied. Modasser Hussain is not a party to this action.
3. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to which
no further response is required by the Pennsylvania Rules of Civil Procedure. In the
event and to the extent this averment is found not to be a conclusion of law, Defendant
avers that the agreement alleged by Plaintiff was entered into in New York State. By
way of further answer, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the remainder of the allegations in this averment and proof
thereof is demanded, if relevant.
4. Denied. Plaintiff s averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically denies having sufficient contacts within the Commonwealth of
Pennsylvania to make Defendant subject to this Honorable Court's jurisdiction.
COUNTI
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of this averment and proof thereof is
demanded, if relevant.
6. Denied. Defendant avers that the document Plaintiff provides as Exhibit A of
its Complaint is not a true and correct copy of the agreement into which Plaintiff and
Defendant entered. Defendant attaches hereto, as "Exhibit A," a true and correct copy of
the said agreement.
7. Admitted in part and denied in part. Defendant admits that Plaintiff caused to
be delivered to Defendant various furnishings and goods. Defendant denies that Exhibit
B of Plaintiff's Complaint accurately shows such furnishings and goods.
8. Denied. Plaintiff s averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
2
Defendant specifically denies the accuracy and completeness of the prices Exhibit B of
Plaintiff's Complaint alleges.
9. Admitted in part and denied in part. Defendant admits to receiving and
accepting goods caused by Plaintiff to be delivered to Defendant. Defendant specifically
denies that Exhibit C of Plaintiffs Complaint is an accurate accounting of Defendant's
dealings with Plaintiff. By way of further answer, after reasonable investigation,
Defendant is without sufficient knowledge to form an opinion or belief as to whether
Exhibit C is a true and correct copy of plaintiff s records, therefore denies the same, and
demands strict proof if relevant.
10. Admitted in part and denied in part. Defendant admits that Exhibit D of
Plaintiff's Complaint presents copies of checks issued by defendant. Defendant
specifically denies that the check copies presented in Exhibit D of Plaintiff s Complaint
accurately depict the total amount paid by Defendant to Plaintiff. By way of further
answer, Defendant has issued checks to Plaintiff totaling at least $313,000.00, in full
satisfaction of the terms of the agreement between Plaintiff and Defendant.
11. Denied. Defendant denies owing any past due balance and, therefore,
specifically denies owing any amount of interest to Plaintiff.
12. Denied as stated. Since Defendant owes Plaintiff nothing, Defendant has not
refused to pay any amount rightfully owed to Plaintiff.
13. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically avers that it met all terms of its agreement with Plaintiff.
3
14. Denied. Plaintiff failed to pay sales taxes in accordance with the terms of its
agreement with Defendant.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such
other relief as the Court deems just and proper.
COUNT 11
ALTERNATIVE TO COUNT 1-UNJUST ENRICHMENT
15. Defendant incorporates its averments in paragraphs 1-14 above as fully as
though set forth herein at length.
16. Admitted in part and denied in part. Defendant admits to having received
goods caused to be shipped to Defendant by Plaintiff and to having received the value of
such goods. Defendant denies that the exhibits to Plaintiff's Complaint accurately state
the goods, wares, merchandise, and services Plaintiff may have provided to Defendant.
17. Admitted in part and denied in part. Defendant admits that Plaintiff provided
goods and services in exchange for payment. Defendant denies not having paid Plaintiff,
in accordance with the terms of the agreement between Plaintiff and Defendant, for all
such goods and services Plaintiff caused to be delivered to Defendant. By way of further
answer, defendant paid Plaintiff all sums due and owing in full compliance with the terms
of the agreement between Plaintiff and Defendant.
18. Admitted in part and denied in part. Defendant admits to receipt and
acceptance of certain goods and services caused by Plaintiff to be delivered. Defendant
denies not having paid Plaintiff, in accordance with the terms of the agreement between
Plaintiff and Defendant, for all such goods and services Plaintiff caused to be delivered to
Defendant. By way of further answer, defendant paid Plaintiff all sums due and owing in
4
full compliance with the terms of the agreement between Plaintiff and Defendant. By
way of further answer, Defendant accepted receipt only of the goods and services for
which it paid Plaintiff in full.
19. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically avers that it met all terms of its agreement with Plaintiff.
20. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically avers that it met all terms of its agreement with Plaintiff.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, and grant such
other relief as the Court deems just and proper.
NEW MATTER
21. Plaintiff's Complaint fails to state a cause of action upon which relief may be
granted.
22. In fulfilling its obligations under its agreement with plaintiff, Defendant has
paid Plaintiff in full, an amount totaling at least $313,000.00.
23. The agreement between Plaintiff and Defendant specifies that sales tax was
included in the total price quote Plaintiff gave to Defendant.
5
24. Consistent with the agreement between Plaintiff and defendant, in invoicing
Defendant, Plaintiff consistently did not bill Defendant for sales tax, as a separate
itemized charge.
25. In accordance with the agreement between Plaintiff and Defendant, Plaintiff
was obligated to pay all applicable sales taxes.
26. Plaintiff failed to pay applicable sales taxes.
27. As a result of Plaintiff's failure to pay applicable sales taxes, the State of New
York has levied sales taxes and penalties against Defendant, in an amount not less than
$23,058.38, an amount subject to continuing interest and penalty charges.
COUNTERCLAIM
COUNT I-BREACH OF CONTRACT
28. Defendant incorporates its averments in paragraphs 1-27 above, as fully as
though set forth herein at length.
29. By not paying all applicable sales tax, as provided for by the agreement
between Plaintiff and Defendant, Plaintiff unlawfully breached its contract with
Defendant, causing Defendant great injury and harm.
30. Due to Plaintiff's breach of its contract with Defendant, Plaintiff caused
Defendant to suffer a loss of $23,058.38, an amount subject to continuing interest and
penalty charges.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter
judgment in its favor and against Plaintiff on the Defendant's Counterclaim for damages
in the amount of $23,058.38 with interest at the legal rate, plus costs, and grant such other
relief as the Court deems just and proper, an amount within the compulsory arbitration
limit of this jurisdiction per local rule.
6
COUNT II
ALTERNATIVE TO COUNT I-UNJUST ENRICHMENT
31. Defendant incorporates its averments in paragraphs 1-30 above, as fully as
though set forth herein at length.
32. Plaintiff received and accepted no less than $313,000.00 payment from
Defendant.
33. From the not less than $313,000.00 Plaintiff received from Defendant,
Plaintiff was obligated to pay all applicable sales taxes.
34. Plaintiff failed to pay all applicable sales taxes from the aforementioned sum
paid to Plaintiff by Defendant.
35. Plaintiff was aware that Defendant expected the aforementioned payment to
be in full satisfaction for the goods and services Plaintiff provided to defendant, to
include the payment of all applicable sales taxes.
36. At all relevant times, Plaintiff encouraged Defendant to make the
aforementioned payment with full knowledge of the additional benefit Plaintiff would
receive from such payment, if Plaintiff did not pay all applicable sales taxes from the sum
paid by Defendant.
37. Plaintiff was unjustly enriched by not paying the applicable sales tax from the
sum paid to Plaintiff by Defendant.
38. Because Plaintiff failed to pay applicable sales taxes, the State of New York
levied taxes, interest and penalties against Defendant totaling $23,058.38, an amount
subject to continuing interest and penalty charges.
7
39. Due to being unjustly enriched at Defendant's expense, Plaintiff is obligated
to pay Defendant $23,058.38, an amount subject to continuing interest and penalty
charges.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter
judgment in its favor and against Plaintiff on the Defendant's Counterclaim for damages
in the amount of $23,058.38, with interest at the legal rate, plus costs, and grant such
other relief as the Court deems just and proper, an amount within the compulsory
arbitration limit of this jurisdiction per local rule.
Respectfully submitted,
Dated: Jaunary 17, 2008 l .
Douglas C. Lovelace, Jr., Esq.
Attorney and Counselor at Law
36 Donegal Drive
Carlisle, Pennsylvania 17013
(717) 385-1866
Attorney for Defendant
8
EXHIBIT A
412x13/90 00:33 PLAY140RE FARMS INN
PAGE 03
Ile Hersha Interiors Supply, Inc.
2" 0*y*=S 1toact- Qw* H111, IPA 17011
- (717?'?61.0'100I+ix: (x/27) 9ti1-8530
41W
SALE-OF GOM .AGI E_ $N')('
SALE OF GOODS AGREWWT (the "Agmemew) dared as of i dw=
and Herslrx hiterlors & Supply, Inc,, it onrporation
This writing in conjunction with the attached package (the "ManifW ) containing this
descsiptiotts, quantities, and prices of tho goods ordered shall constitute the entire Agreement
beetwom the parties.
I. Geaar l 1=3
1.1 The quote price for goods arderad in the MAWf +st is an es'titrAte based upon the facts
given to Raft Interiors & Supply Inc. by the Buyer. Actual quantities may be subject to
change pending final moasureux a tl2 of the prope and availability.
1.2 Final quantities should be verified and confirmed by the Buyer upon the 4ig ins of"
Agareernent. Hersha Interiors & Supply Inc- will not be held responsible for overam or
shortages in materials onoo the customer siP4 of on the fatal quantides.
13 Initial selections in product are based upon suggestions and recommendAtions of Hersha
Interiors & Supply Inc. When applianble, these selections nod to he approved by the ftachise
and moot franchise specifications. if initial selections are r4 oiled by the franchise, items may
need to be re-salected,
1.4 If a particular item is unavailable through vtndors of Hersha Interiors & Supply. Inc.. for
any reason, Hersha Interiors & Supply, Inc, rwxves the right to subs aft a siradar product as
long as it conforms to franchise specifications, mstorner pricing requirenwnts and coordinates
with the decor of the project.
1.5 Any owwx4 ations or exchanges in products m>,rst be reported three (3) wooks prior to .
tentative delivery or cancellation will not be accepted.
1,6 Due to the cutting process and packing style. Henha Interiors & Supply, Inc. ca mot
guarantee the exact quantity. Hersha Imariors & Supply, Inc. will invoice per quantity shipped,
which may increase or decreaaa the amount of the total price quote.
1.7 The total price quote includes approximate fl-eight and sales tax chaps. These cbarges
will be added later, as tho:y occur and customer will pay these charges diraatly to Hen && Iptedors
& Supply, Inc.
U. Pau"
2.1 The Vendor will maize contact with the designated site contact 48 hours prior to the
product leaving their warehouse to confirnn the Quatonw is rctdy for the product to be detlivored.
2.2 Delivery dates of products are approximate, Beraha I teriors & Supply, Inc. will not
guaramse exact delivery dates to the customer,
23 Hersha Interiors & Supply, Inc. will not be hold respoadblo thr fluctuations in delivery
date due to rnamt&cturer's availability of product, nataral disasters, or other factors beyond
Seller's Control,
2.4 The Buyer shall inspect the goods immediately On their arrival and sha11 within 24 hours
of their arrival Siva written notice to the Seller of any claim that the goods do not conlbrm WhU
the terms of the contract. If the buyer shall fail to give such notice, the goods shall be doernod to
8-d 2096-LBS-STS WJIJ me-1 u011ea 041 Wd0b=2 LOO2 bT 0
+4111'ii `3d 1d17::i5 -- PLAYMORE FARMS INN PA(E 94
conform with the terms of the contract, aid the Buyer shall be bound to accept sad pay for the
_ goods in accordance with the teams of the contract.
2.5 All shipments will be accopted in whole by buyer and claims with respect to derwts in
part of a shipment will be made to the Seller gild vAll not be asserted as the basis for reaecbion of
a shipmew.
2.6 If any of the goods sold under this agreement are discovered to be defective in materials,
workmarAip or design, the Seller shall, at its sole option, repair or replace tho stone. The
foregoing shall be the B•u)er's sole and exclusive remedy for any breach of warraaty by the
Seller.
2.7 Ha%ha luteriors & Supply, Inc. and its vendors will not be held respostsiblc for danaigm
to the product after delivery. 'this includes damage incurred due to improper storage, theft and
incorrect product uistallation.
M. hylum Terms
3 . I Pricing of item may change over time due to market guctuiWons and otbor eoouomic
factors. The quota price for Soods ordered in tho Wnift is good for 30 days from the date
listed an the Manifesc,If ever 30 days the Buyer has not trade a final doc ion to employ the
serviros of Harsh. interiors & Supply, Inc., prices will need to be updated by Hmsha Interiors &
Supply, I=.
3.2 (a) Upon the sighing of this Agreement by the Bayer, Ift „of the quoted amount
SU 27A will be due3nm?ediately tb Hersha )ntedors & Supply in cash, by certified aback,
or by money order. 's'ill date we have refWvod a Total deposit of 6W,, C-00 and balance deposit
of 73 1s due Wane diately. "
(b) Oa tnvoioing (including partial delivery), _ fiL % of the quoted amount psd-
applicable Taxes 4, Fre%*t -will be due to Hm-W a rnted-ors & Supply in caA, by certified ccbmk,
or by mousy order. Buyer will be billed by Herrha for this portion of dw payment and must
remit payment immealiately. I S% Interest per Annum will be charges on all past due invoices,
33 Hersha laterior and Supply Inc. is not and wdl not be hard responsible for delays due.
Buyer's actions, contractors actions, or any gerWW factors outside of Seller's control- Delay In
construction and delay in the opening of the property will not be accepted as a reason for
wpaymat under this agreewwa.
3.4 Any deviation from this payment schedule wlll be oonsidored a breaoh of this Agreement
unless expressly modifled In wri 4 by Hersha Interiors & Supply Inc, and Buyer.
3,5 A breach shall includc a fhiluro to make payment of 4ay amounts when due under this
Agreement, inoluding but not limited to payments flu $Upping charges, sales tax, subsequent
additions to the order, and such Allure continues for a pexidd of O _days after written notice ftom
the nonbraac ping party.
2
PO/Co 9011d Akins -MCC VK%2ih 0E58TSLL EL , te.ZT g282;1jGjt4 -
6'd 2096-LSS-STS wjij met u04iea ayl WdTi?:Z GOOZ bT
vzt ise 11U 120: Z113 -- PLAYMORE FARMS INN PAGE 01
rv. &W ws
4.1 L7pon the occurrence that buyer dafiults, breache$, ar acts in noncoidbnnalloe the Ular
shall be entitled to exercise any or all re=die8 aviWabie at law, in equity or otherwise, including
but not limited to executing liens, withholding future shipments, with each such r=nedy breWS
ca Wdered =ulat ve. No single axerciae of'a remedy ehatl be d"mad an election to forgo any
other romody and any failure to pursue a remedy shall not preveav, restrict or atherwist modify
its exercise subsequently.
V. Qm mift law
5,1 This Avven ctt and the legal relations between the p"as hardo shell be governed by,
enforced under and construed in acoordanco with the substantive laws of the Corammwealth of
PennsY N=ia (Hersh$ Interiors & Supply rite, Principle places of busirrasa), without reference to
tha cont7ict of taws principles thereof.
VL Mig UA
4.1 This Agrosimnt, the Manifist, 40d other documents rdarred to herein that form a pan
hercot embody tht entire Woment and understandiaga of the par in hereto In reapedt of the
subject Matter contained herein and supersede all prior agreameats and understu togs between
the partles with respect to such sublea matter, l u"ing, by way of lilusft ion and not by
limitation, any term sheet agreed to by the parties hereto prior to the date hmrf. Thor* are no
restrictions, promises, wart=ties, co,venanta, or undortaidngs other than those expressly set forth
or referred to heroin.
IN WITNESS WWREW, the parties hereto have caused this AgrMnent to he
'du1?r
executed.
Hersha. Interiors and Supply, Inc. Representative
For. Brat Westam Park Um
3391 Route 9
34ntaga Springs. NY'-128&
-)JtgCe
Date
A-wr.ri. -ai t nH ww,4j+
4, aoes"
Date
3
RP43P TQ1 7.
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WdZbcZ GOOO ?,i 0&
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - IN LAW
NO. 07-6247
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unworn falsification to authorities, that he is attorney for the Defendant herein and
makes the Verification of the foregoing Answer with New Matter and Counterclaim based upon
the facts as supplied to him by Defendant, because Defendant is outside the jurisdiction of the
court and Defendant's Verification cannot be obtained within the time allowed for the service of
this responsive pleading, and that the facts and circumstances set forth in this response are true
and correct to the best of his knowledge, information, and belief.
Date: January 17, 2008
o6,
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
Attorney for Defendant
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION - IN LAW
NO. 07-6247
CERTIFICATE OF SERVICE
I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on January 17,
2008, I served a true and correct copy of the foregoing Answer with New Matter and
Counterclaim upon the below named individual by depositing the same in the United States mail,
first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania.
SERVED UPON:
Thomas A. Archer, Esquire
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
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Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
: CIVIL ACTION - IN LAW
NO. 07-6247
PRAECIPE TO ENTER APPEARANCE
To The Prothonotary:
Kindly enter my appearance as attorney for the Defendant in the above captioned matter.
Date: January 17, 2008 %K.
DOUGLAS C. LOVELACE, JR., Esquire
Attorney for Defendant
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Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717) 233-8676
tarcber archerandarcher.com
Attorney for Plaintiffs
HERSHA INTERIORS & SUPPLY,
INC.
Plaintiff,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
V.
NO. 07-6247
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN CIVIL ACTION
Defendant.
NOTICE TO PLEAD
TO: MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
c/o Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from service hereof or a judgment may be entered against you.
Dated: March 11, 2008
By:
Thomas A. Archer, Esquire
PA Attorney ID # 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110-0056
717.233.8676
Attorney for Plaintiff
4
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717) 233-8676
tarcher(dWcherandarcher. com
Attorney for Plaintiffs
HERSHA INTERIORS & SUPPLY,
INC.
Plaintiff,
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
NO. 07-6247
CIVIL ACTION
Defendant.
PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER WITH NEW
MATTER TO COUNTERCLAIM OF DEFENDANTS
AND NOW, Plaintiff, by and through its attorney, Thomas A. Archer, Esquire,
files this Reply to Defendants' New Matter, as well as Answer a New Matter to
Defendants' Counterclaim, and in support thereof avers as follows:
NEW MATTER
Plaintiff incorporates the allegations of Plaintiff's Complaint as though set forth
herein at length.
21. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required.
22. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the sum paid by
Defendant did not render the account paid in full.
23. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the Agreement did not
reference, and Plaintiff did not collect, taxes that were payable by the Defendant.
24. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the agreement
between the parties did not require Plaintiff to collect sales taxes that were payable by the
Defendant.
25. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the agreement
between the parties did not require Plaintiff to collect sales taxes that were payable by the
Defendant.
26. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, Plaintiff paid all
applicable taxes to which it was obligated to pay.
27. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the alleged taxes are
the responsibility of the Defendants.
COUNTERCLAIM
COUNT I - BREACH OF CONTRACT
28. Plaintiff incorporates the averments of Plaintiff's Complaint and New
Matter above as though set forth herein at length.
29. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the Defendant makes
2
claim for taxes that were payable by Defendant, not the Plaintiff.
30. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the Defendant makes
claim for taxes that were payable by Defendant, not the Plaintiff.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendants with respect to the matters complained of in
Plaintiff's Complaint, as well as the matters alleged in Defendants' Counterclaim,
together with interest, costs, attorney's fees and any other relief to which the Court deems
just and proper, or to which Plaintiff is entitled as a matter of law.
COUNTII
ALTERNATIVE TO COUNT I - UNJECT ENRICHMENT
31. Plaintiff incorporates the averments of Plaintiff's Complaint and New
Matter above as though set forth herein at length.
32. Denied as stated. Plaintiff received the sum of $313,000.00.
33. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, Defendant was subject
to taxes which the Plaintiff was not obligated to pay.
34. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, Defendant was subject
to taxes which the Plaintiff was not obligated to pay.
35. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, Defendant was subject
to taxes which the Plaintiff was not obligated to pay.
3
36. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, Defendant was subject
to taxes which the Plaintiff was not obligated to pay. Additionally, it is denied that
Plaintiff "encouraged" Defendant to make payments with any alleged knowledge of an
averred "additional benefit" to Plaintiff.
37. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required.
38. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the Defendant makes
claim for taxes that were payable by Defendant, not the Plaintiff.
39. Denied. The allegations of this paragraph are denied as a conclusion of
law to which no response is required. By way of further response, the Defendant makes
claim for taxes that were payable by Defendant, not the Plaintiff.
NEW MATTER TO COUNTERCLAIM
40. Defendants' Counterclaim fails to state a cause of action upon which relief
may be granted.
41. Defendants' Counterclaim is barred by the doctrine of laches.
42. Defendants' Counterclaim is barred by the doctrine of unclean hands.
43. Defendants fail to state a cause of action for breach of contract because
there is no agreement between the parties which calls for the Defendant to pay taxes
which are payable by the Plaintiff.
44. The applicable "sales taxes" as alleged in Defendants' Counterclaim are in
fact use taxes charge by the State of New York that are payable by the Defendant.
4
45. The Plaintiff has fulfilled all obligations to the Defendant and applicable
taxing authorities.
46. The Defendants' Counterclaim fails to support a claim for unjust
enrichment because the Plaintiff has received no unjust benefit at the expense of the
Defendant.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendants with respect to the matters complained of in
Plaintiff's Complaint, as well as the matters alleged in Defendants' Counterclaim,
together with interest, costs, attorney's fees and any other relief to which the Court deems
just and proper, or to which Plaintiff is entitled as a matter of law.
Date: March 11, 2008
Respectfully Submitted:
Archer & Archer, P.C.
By:
Thomas A. Archer, Esquire
PA Atty Id.: 73293
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
(717) 233-8676
5
VERIFICATION
I, Thomas A. Archer, Esquire, verify that the facts contained in the foregoing New Matter
are true and correct based upon information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date: March 11, 2008
Thomas A. Archer, Esquire
CERTIFICATE OF SERVICE
I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true
and correct copy of the foregoing document upon the person(s) stated below, via U.S. First class
mail to the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Defendants
Date: March 11, 2008
Thomas A. Archer, Esquire
Attorney I.D. # 73293
Attorney for Plaintiff
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Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
V.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
IN THE COURT OF COMMON
PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - IN LAW
NO. 07-6247
DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER REPLY TO
DEFENDANT'S COUNTERCLAIM
AND NOW, March 31, 2008, Defendant, by its attorney, Douglas C. Lovelace,
Jr., files Defendant's Reply to Plaintiff's New Matter Reply to Defendant's Counterclaim
and avers as follows:
REPLY TO NEW MATTER
40. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant avers sufficient facts to prove its breach of contract and unjust enrichment
claims against Plaintiff.
41. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically denies its claim is barred by the doctrine of laches.
42. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically denies its claim is barred by the doctrine of unclean hands.
43. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically avers that Exhibits A and B of Plaintiff's Complaint demonstrate
that the parties intended for Plaintiff to pay sales taxes from the total amount to be paid
by Defendant.
44. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant avers that the taxes levied upon Defendant by the state of New York were a
direct result of Plaintiff's failure to pay sales taxes due as a result of its sales to
Defendant. Plaintiff's attempt to disassociate its failure to pay the sales taxes for which it
was responsible from the taxes the state of New York levied upon Defendant because of
Plaintiff's failure to pay, is specifically denied by Defendant.
45. Denied. Plaintiffs averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
2
I ?
Defendant specifically denies Plaintiff has paid the applicable sales taxes for which it was
responsible, in accordance with the agreement between the parties.
46. Denied. Plaintiff's averment sets forth an incorrect conclusion of law to
which no further response is required by the Pennsylvania Rules of Civil Procedure. In
the event and to the extent this averment is found not to be a conclusion of law,
Defendant specifically denies Plaintiff has not received an unjust benefit at the expense
of Defendant.
WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss
Plaintiff's Complaint with prejudice, assess all costs against Plaintiff, enter judgment for
the Defendant and against the Plaintiff with respect to Defendant's Counterclaim, for
damages in the amount of $23,058.38, with interest at the legal rate, an amount within the
compulsory arbitration limit of this jurisdiction per local rule, and grant such other relief
as the Court deems just and proper.
Respectfully submitted,
Dated: March 31, 2008 6ee (!! 4
Douglas C. Lovelace, Jr., Esq.
Attorney and Counselor at Law
36 Donegal Drive
Carlisle, Pennsylvania 17013
(717) 385-1866
Attorney for Defendant
3
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
v.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
: IN THE COURT OF COMMON
: PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CIVIL ACTION - IN LAW
: NO. 07-6247
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unworn falsification to authorities, that he is attorney for the Defendant herein and
makes this Verification of the foregoing Defendant's Reply to Plaintiff's New Matter Reply to
Defendant's Counterclaim based upon the facts as supplied to him by the Defendant, because thg
Defendant is outside the jurisdiction of the court and the Defendant's Verification cannot be
obtained within the time allowed for the filing of this pleading, and that the facts and
circumstances set forth in this pleading are true and correct to the best of his knowledge,
information, and belief.
seoA r
Date: March 31, 2008 44 e ` l
Douglas C. Lovelace, Jr., Esquire
Attorney for Plaintiff
I'll
HERSHA INTERIORS & SUPPLY, INC
Plaintiff
v.
MODASSER HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORE FARMS INN
Defendant
: IN THE COURT OF COMMON
: PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
CIVIL ACTION - IN LAW
: NO. 07-6247
CERTIFICATE OF SERVICE
I, Douglas C. Lovelace, Jr., attorney for the Defendant hereby certify that on March 31,
2008, I served a true and correct copy of the foregoing Defendant's Reply to Plaintiffs New
Matter Reply to Defendant's Counterclaim, upon the below named individual, by depositing the
same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County,
Pennsylvania.
SERVED UPON:
Thomas A. Archer, Esquire
2515 North Front Street
P.O. Box 5056
Harrisburg, PA 17110
EPw K Ql"(7.
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
c
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y ?f 1t-04-2010 16:56 ARCHER AND ARCHER PC 7172338675 PAGE2
r .
Archer & Archer, P.C.
By: Thomas A. Archer, Esquire
2515 North Front Street
PO Box 5056
Harrisburg, PA 17110
(717)233.8676
WcheE@Mhorandarcher.com
Attorney for Plaintiff's
1t APR 22 M Z• a
20 y N
IiERSIIA INTERIORS & SUPPLY,
INC.
Plaintiff,
V.
MODASSF.R HUSSAIN d/b/a
BEST WESTERN PARK INN d/b/a
PLAYMORF. FARMS INN
Defendant.
: IN THE COURT OF COMMON
: PLEAS OFC'UMBERLAND
: COUNTY, PENNSYLVANIA
: NO. 07-6247
: CIVIL ACTION
STIPULN110N C)F SETTLEMENT
Plaintiff, Hersha Interiors & Supply, Inc. (Plaintifll) filed its Complaint on
or about October 24, 2007, alleging claims for breach of contract and unjust enrichment
alleged to have resulted from unpaid invoices by Defendant, with respect to goods and/or
services allegedly provided by Plaintiff to or on behalf of Defendant.
2. On or about January 17, 2008, Defendant fled an Answer and
Counterclaim, alleging claims and offset against Plaintiff, as a result of Plaintiffs alleged
failure to pay certain sales taxes which were ultimately paid by or on behalf of
Defendant.
3. The parties, having agreed to settle all claims with respect to the above-
captioned matter agree that in exchange for a complete and final discontinuance of all
matters currently litigated, including all matters which could have been brought by any
party, Defendants shall make payment to Plainti(Tin the sum of$15,000.00 payable as
follows:
??:kO4-2010 16:56 ARCHER AND ARCHER PC 7172338675
PAGE3
a. Five (5) monthly payments in the amount of $500.00 each
beginning with a first payment no later than 10 days after
execution ol'this Stipulation of Agreement by both parties;
h. Eight (8) immediately subsequent monthly payments in the amount
of$1,500.00 each; and
c. A final immediately subsequent monthly payment in the amount of
$500.00.
4. The parties further agree that Defendant may, at its option, accelerate
payment of the aforementioned amounts.
5. Upon full payment, in the amount of $15,000.00, by Defendant to
Plaintiff, Plaintiff will file with the Prothonotary of Cumberland County, Pennsylvania a
Praecipe to mark this matter settled and discontinued with prejudice to both parties.
6. In the event Defendant files to make any payment within ten days of it.5
due date, as described herein, Plaintiff shall have the option of declaring Defendant in
deftulI of the terms of this Stipulation of Settlement, in which case Defendant agrees to
entry of default judgment for the entire balance then due and owing, under the terms of
this Stipulation of Settlement. Defendant shall be solely responsible for any additional
costs of filing fees, in furtherance of the above-captioned action or enforcement of this
Stipulation of Settlement RNO/ XA411 ?'•+r<« V.
or.. W ^ *Y Gor or cr ? c: w.?er,/ ?+•+e ...: f ?. 7. It is further agreed that the terms, conditions, and facts of this Stipulation
ol'Settlement are deemed to be confidential and will be held confidential by Plaintiff',
Defendant and counsel.
8. It is further understood and agreed that this Stipulation of Settlement is the
compromise of a disputed claim, that the payment by llc;fendant is not to be construed as
2
, "* -2010 16:56 ARCHER AND ARCHER PC 7172338675
an admission of liability, and the acceptance of such payment by Plaintiff is not to be
construed as an admission of a limit of liability.
Date: o2/'FI #
Hersha Interiors & Supply, Inc.
By:
PAGE4
Modasser Hussain d/b/a Best Western Park
Inn
Date: 03 10 By:
Modasser IIussain
3
CERTIFICATE OF SERVICE
I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a
true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First
class mail to the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Defendants
Date: April 21, 2010
4sJjica R. Porter, Paralegal