Loading...
HomeMy WebLinkAbout08-6295A 1% Richard B. Druby, Esquire I.D. No. 61904 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax ............................................................................... JAMES P. O'GRADY, JR and IN THE COURT OF COMMON PLEAS OF FLORENCE O'GRADY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, autc-fk? v. DOCKET NO. QS' HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN. VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. : CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED PRAECIPE FOR WRITS OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Writs of Summons in the above-captioned action. Writ of Summons shall be issued and forwarded to: ( ) Attorney (X) Sheriff Respectfully Submitted, Date: 16'23-OS NESTICO, DR By: Richard B. & HILDABRAND, LLP N _j?1rT?r? ? rr. • 7 t C rev z a S ' Richard B. Druby, Esquire I.D. No. 61904 NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 fax JAMES P. O'GRADY, JR and : IN THE COURT OF COMMON PLEAS OF FLORENCE O'GRADY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, ? V. DOCKET NO. 08- (.,2QS `tvc,L HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. : CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED WRIT OF SUMMONS To: HOVNANIAN ENTERPRISES, INC. Mr. Ara K. Hovnanian, CEO and President 110 West Front Street Red Bank, NJ 07701 K. HOVNANIAN ENTERPRISES, INC. Kevork S. Hovnanian, Chairman 10 Highway 35 Red Bank, NJ 07701 K.HOVNANIAN AT SILVER SPRING, LLC 1170 Wheeler Way, Suite 200 Langhorne, Pennsylvania 19047 K. HOVNANIAN VENTURE I, LLC Mr. Ara Hovnanian, CEO 110 West Front Street Red Bank, NJ 07701 K. HOVNANIAN COMPANIES OF PENNSYLVANIA, INC 1170 Wheeler Way, Suite 200 Langhorne, Pennsylvania 19047 K. HOVNANIAN HOMES OF PENNSYLVANIA, LLC 1170 Wheeler Way, Suite 200 Langhorne, Pennsylvania 19047 To the Defendants: You are hereby notified that James P. O'Grady, Jr. and Florence O'Grady have commenced an action against you. Date: Seal of the Court &.4e Aof Prothonotary or Clerk B Deputy SHERIFF'S RETURN - OUT OF COUNTY w CASE NO: 2008-06295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'GRADY JAMES P JR ET AL VS HOVNANIAN ENTERPRISES INC ETAL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: K HOVNANIAN AT SILVER SPRING LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 7th , 2008 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: So answers • Docketing 18.00 Out of County 9.00 Surcharge 10.00 R: Thomas Kline Dep Bucks County 84.00 Sheriff of Cumberland County Postage 1.69 122.69 ? !?f t?lv? 11/07/2008 NESTICO DRUBY HILDABRAND Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'GRADY JAMES P JR ET AL VS HOVNANIAN ENTERPRISES INC ETAL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT K HOVNANIAN COMPANIES OF but was unable to locate Them deputized the sheriff of BUCKS PENNSYLVANIA INC to wit. in his bailiwick. He therefore serve the within WRIT OF SUMMONS County, Pennsylvania, to On November 7th , 2008 , this office was in receipt of the attached return from BUCKS So answer Sheriff's Costs: 00 Docketing 6 > Out of County .00 Surcharge 10.00 R' Thomas Kli .00 Sheriff of Cu rerland County .00 ? /? p?? :?" 16.00 11/07/2008 NESTICO DRUBY HILDABRAND Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06295 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND O'GRADY JAMES P JR ET AL VS HOVNANIAN ENTERPRISES INC ETAL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: K HOVNANIAN HOMES OF PENNSYLVANIA LLC but was unable to locate Them deputized the sheriff of BUCKS in his bailiwick. He therefore County, Pennsylvania, to serve the within WRIT OF SUMMONS On November 7th , 2008 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: So answer •.? Docketing 6.00 Out of County .00 Surcharge 10.00 Thomas Kline .00 Sheriff of Cumberland County .00- 16.00 1,/1fl#Y ?- 11/07/2008 NESTICO DRUBY HILDABRAND Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland "County, Pennsylvania James P. O'Grady et al VS. Hovnanian Enterprises Inc et al SERVE. No, 08-6295 civil K. Hovnanian at Silver Spring, LLC Now, _ October 27, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the In The Court of Common Pleas of Cumberland County, Pennsylvania Jams P.. O'Grady et al vs. Hovnanian Enterprises Inc et al 08-6295 civil SERVE: K. Hovnanian Companies of Pennsylvania, -Inc. No. Now, October 27, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return.of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Janes P.. O'Grady et al VS. Hovnanian Enterprises Inc et al 08-6295 civil SERVE: K. Hovnanian Homes of Pennsylvania, LLC* No. Now, _ October 27, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of6emberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 'q SIT 143l31JZ0???s _ A::)?IIN?S??tirl''R ?L L?IN? i' AI t .18:01 CCTLESTOWN, PA gS31 MCKS MISC COCKET A 216J3 32489 L+1CAT.ICS: CLT CF COUNTY CLASS: ASSU14PS17 ***** SNERIFFOS RETURN OF SERVICE-"*** SHERIFFS OFFICE CUMBERLAND CCUNTY 1 COURTHOUSE SQUARE CARLISLE PA 17113 ATTN:RICHARC 8 DRUBYrESQ PLA I'NT I FF DEFENDANT O#GRADY,JR JAPES P VS•(D 9 HCVNANIAN AT SILVER SFRING9 LLC 1173 WHEELER WAY STE 200 LANGHCRNE9CFA 15047 YS.('± )1c HCVNANIAN COMPANIES OF PA, INC 1170 WHEELER MAY STE 20C LANGHORNE,PA 18047 15. K HCVNANIAN HOMES OFPA,LLC 117C WHEELER MAX STE 200 LANCHORNEgPA 1S047 10232008 COPPLAINT - CIVIL ACTION RECEIVED FROM CUMBERLAND CO SHERIFFS CEPT RAG 10302008 RECEIVED IN SHERIFF*S OFFICE FCR SERVICE. TRANSACTION 108-1-18087 RAG AMCUNT PAID $84.00. 10312008 SHERIFFt RETURN,# UNDER OATh, INCI FCON'O BY DEFUTY 813885 AT 841AP RAG DEFTS99 PGVNANIAN AT SILVER SFRING.LLC#K HOVNARZAN COS OF FA91WCvK H OVNA NIAN HOPES OF PA,LLC AT 1170 WHEELER WAY STE 200 LANGHCRNE*PA NO RAG T SERVED.DEFT MOVED TO NJ OVER A YR AGC.AOORESS VACANT. INVOICE PALLED TO CUMBERLAND CC SHERIFFS DEPT ATTN:RIChARD 8 DRUBYIE RAG SQ TRANSACTION 008-1-18087 'END Of CASE -4 JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on Peter Reinhart, President of Defendant, K. Hovnanian Homes of Pennsylvania, LLC, 5 Commerce Way, Suite 200, Hamilton, NJ 08619, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by his authorized agent on November 17, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully su NESTICO, DR By: Date: /; 'S'Og ?Kchard B. Drub, Es ire / Attorney I.D. N 6 4 840 E. Chocolate Ave. Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs L.P. C09 DROBY & HILDABtMg LLP gNDAw7T0nRNEYSATLAW 840 East Chocolate Avenue. Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 ww w.hersheypalaw.com November 13, 2008 VIA CERTIFIED MAIL. RESTRICTED DELIVERY. RETURN RECEIPT REQUESTED Mr. Peter Reinhart, President K. Hovnanian Homes of Pennsylvania, LLC 5 Commerce Way Suite 200 Hamilton, NJ 08619 Re. O'Grady v Hovnanian Enterprises, Inc. et aL Cumberland County Docket No. 08-6295 Dear Mr. Reinhart: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. Very truly yours, NESTICO, By: ti O Rum Reoalpt ree P09knark 3 (6rrdoraenrent Regwred) Here O (E"do'aeme?e°°Nv°'''R,vu,,e?d? C3 o To?ftstmge & Fe" $ i I/ iyl ar m ¦ Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return-the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: V) • Ul? O-r? k\f, ? Ob PA C1.(-- Awn-:*6er "t)har i , presi ' 5 Commerce.. u,a SUAC aub 1j"?, , u? 07,l9 a X_"D-0 Agent B. oaf l1" by f"rttE0#gwj _ C, Date of Delivery D. Is delivery addilliv, t!aO?°I 1. Yes If YES, enter deiiv, slow: o NOV17f I„ 3. Service Type (Certlfled Mail ? Exp ? Registered Metum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Resufctsd Delivery? (Extra Fee) Idmis 2. Article Number ohwwfsrftmanW=read 7007 3020 0002 1421 5730 PS Form 3811, Febm" tow Dornsstla Rem RecW 102595-M-WIMO 7 FM JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on Peter Reinhart, President of Defendant, K. Hovnanian Homes of Pennsylvania, LLC, 110 West Front Street, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by his authorized agent on November 19, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully NESTICO, D By: Date: 4 Hdchard B. Druby sq re /Attorney I.D. N . 619 840 E. Chocolat Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs L.L.P. 59 WTIC01 DR,UBY & RDABL% LLP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey. PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 w ww.hersheypalaw.com November 13, 2008 VIA CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED Mr. Peter Reinhart, President K. Hovnanian Homes of Pennsylvania, LLC 110 West Front Street Red Bank, NJ 07701 Re: O'Grady v Hovnanian Enterprises, Inc et aL Cumberland County Docket Na 08-6295 Dear Mr. Reinhart: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. Very truly yours, NESTICO, DRJM3r iIILDAj3RAND. LLP By: Richard B. C3 ReWm%°` Fft M Hm C3 tassalaaa oallwy Fs? h !! (? Q Totaltal Poelape a Faa.) $ V . 1' Iq I Q O m 5" TO n-I F. C3 OrPOBtwN- his saa+:+ -- _...?---------------- ---- 6? o? ¦ Complete items 1, 2, and 3. Also complete A. Sl9 j Agent item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse z - Addressee so that we can return the card to you. il i f h B. Received by (Printed )N?V a of Delivery t e ma p ece, ¦ Attach this card to the back o ermits ace th front if s o ! . p p r on e M I 6: Ite m yes a , 1. Article Addressed to: .?1D?nari?an tbrr?s ? PA '?- If YES, enter del to ? No . e Service T 3 1?-cd L N C -7L I F- yp . F(Centried Mail ? Registered o Express mail KRetum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extre Fee) yree Ardcle 7007 3020 0002 1421 5761 ?r Aegis aervdi7e 1r+be? Ps Form 3811, February 2004 Doi, reetlc Ret urn Receipt ?? 102905-024.4-1540 Fri g "rl as-„ `"C JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-6295 CIVIL TERM : CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on Marcia Wines, President of Defendant, K. Hovnanian at Silver Spring, LLC, 5 Commerce Way, Suite 200, Hamilton, NJ 08691, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by her authorized agent on November 17, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully su NESTICO, DR By: Date: /.I?- '5 ;Vs J, p 1J ?ttorney LD 1No. 840 E. Chocolate Ave. Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs L.L.P. N NESTICOI DRUBY & HILDABR?ND, LLP gDAYMANEYSATL AW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www-hersheypalaw.oom November 13, 2008 VIA CERIUMD,MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED Ms. Marcia Wines, President K. Hovnanian at Silver Spring, LLC S Commerce Way Suite 200 Hamilton, NJ 08619 Re: O'Grady v Hovnanian Enterprises, Ina et aL Cwnberland County Docket No. 08-6295 Dear Ms. Wines: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. U.S. Postal Service CERTIFIED N1pIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) lollillillillillilliillillililI • For delivery information visit our webslra „,.._._ r-q fu S r-a f1J O O O Very truly yours, ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: . aDW Inch n t oars M 3, W ¢r 3pi ng i Y`f1 CAO, W Wr > ,PfeS4& & 5 CC>m mercq- ?a y a?,j+e abll kV? 1tn , t S ? OgUq 1 A. Sig q ? Agent Addressee B v1 byfNary?e) _ C. Date of Delivery D. Is del (ad d Viffer@nt l4fnxn( V+ item 1? ? Yes If YESress below: ? No ft17rq,,? X 3. ca° Mail Regist 86 alum Receipt for Merchandise ? Insured Meil C.O.D. 4. Reshlcted Delivery? FAft Fee) Yes 2. ArtldeNumber (iWWftr6om MOP 7007 3020 0002 1421 5785 arvrce Ps Form 3811, Fdxvwy 2004 Dom W PAb" Raoul taeee two ; ? r-? ? ??rti _, '" ?* .--? .. t ?"y fi1 - ;, ? ?p v ..? 1. ` ' i ?Y ? . ? t ?,? ?° t.? . '?;,j W... JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM : CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on Marcia Wines, President of Defendant, K. Hovnanian at Silver Spring, LLC, 110 West Front Street, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by her authorized agent on November 17, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully subm. NESTICO, DRUB Date: By: chard B. Druby, sq re Attorney I.D. No. 1 4 840 E. Chocolate Ave. Hershey, Pennsylvania 17033 1.2. (717) 533-5717 Attorney for Plaintiffs , L.L.P. NESTIco, DRUBY & HILDABRAND, LLP EN"DJA7T0RNEYSATLAW 840 East Chocolate Avenue, gashey, PA 17033 Phone (717) 533-5406 Fax (717) 333-5717 www.hersheypalaw.com November 13, 2008 VIA CERTIFIED MAIL, RESTRICTED DELIVERY. RETURN RECEIPT REQUESTED Ms. Marcia Wines, President IC Hovnanian at Silver Spring, LLC 110 West Front Street Red Bank, NJ 07701 Re. O'Grady v Hovnanian Enterprises, Inc. et aL Cunebertand County Docket No. 08-6295 Dear Ms. Wines: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. Very truly yours, NESTICO, DR I By: Richard B. RBD:bls S. Postal Servicr, CERTIFIED NIAIL RECEIPT c13 (Domestic Mail Only: No Insurance Coverage Provided) 0 U1 -00F L ftete $ a C@MW Fm n i Poostrnaatk 00 (Endt?t`Raquh d) Mere 0 (EndorearMWnent?uled ppQ? C3 ??14?U 0 0 Total Poatape & Fees $ ? Im To .Am o,. 1 .; iX? ?- ------- ---- -tom or AO 8az No.---11K...7?.Y -------------------- ---- ?i'?ll?lnnu!!?r.tiiimu!I(?'? ??? ????l1iqunolfill ?uulnnunnu!?, ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the cans to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RIAI1% mamia W-kms, P(esidMi W) W ?t frt5n.A- Strew Rid ban L, N 1 01701 SOs#e X B. Received by( D. Is delivery address dffkhn'Wm (tern If YES, enter delivery ad -ftfl1? 3. Service Type N.Oertifled Mail ? Express mail ? Registered 01 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Deflvery9 (Extra Fee) Yes 2. Article Number MWO(Orfkmmvilm ft" 7007 3020 0002 1421 5808 PS Form 3811, Fibnnry tow Domeetle Return Receipt fozeos o2 W,s+o ?,7 ?.,_ ?? ?} ??? ?? ' .,.,,,,, ; i fl ? ?"` ? J 7 ?." -^C JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on the President of Defendant, K. Hovnanian Companies of Pennsylvania, Inc., 5 Commerce Way, Suite 200, Hamilton, NJ 08619, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by their authorized agent on November 17, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully su NESTICO, DR Date: By: ichard B. Drub , Esq re Attorney I.D. N .619 840 E. Chocolate e. Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs L.L.P. 19 NDSTICO, DRUBY & &DURAND, LLP ATTORNEYS AT LAW 840 Fast Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com November 13, 2008 VIA CERTIFIED MAIL. RESTRICTED DELIVERY. RETURN RECEIPT REQUESTED President K. Hovnanian Companies of Pennsylvania, Inc. 5 Commerce Way Suite 200 Hamilton, NJ 08619 Re. O'Grady v. Hovnanian Enterprises, Inc. et aL Cumberland County Docket No. 08-6295 Dear Sir or Madam: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. Very truly yours, NESTICO, DRW&„A1ILI*BRAND, LLP By: U.S . Post al Ser vic(I • CE (Dom RTIF estic M IED ai! Only, MAIL No Ins RE urance CE Cove IPT rage P rovided) For d elivery inf ormatio i n v sit ou r weGsit e at w ww.usps .com ru C G Q Ir%- C3 C3 N Richard ¦ Complete items 1, 2, and 3. Also complete item 4 if Pastricted Delivery is desired. ¦ Print your name and address-on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: r` I N. _ .z ?res-? derv eTL .a 5 Commerce vJ o.? Sv,:i,'?e o2©C? ?orru\?n , N J ?tq A. S X Ilia AM-4 0 Agent SM6 ? Addressee B _ed W (tea- A m j C. Date of Delivery D. Is delivery address dfJ t",,I tern 1? E3 Yes Inn If YES, enter 13 No 720 3. Servioe Type 1?Certtfled McII 0 0 Registered Wk Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Reetricted Delivery? (Extra Fee) yes 2. Ardcft Numbw 7007 3020 0002 1421 5686 (Tr&Ww ftm curbe bw PS Form 3811, February 2004 Domestic Retum Reosipt 10250-024A-1540 FIJ r `r ex' -4 m- H r :raw k"r JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on November 13, 2008, I served on the President of Defendant, K. Hovnanian Companies of Pennsylvania, Inc., 110 West Front Street, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by their authorized agent on November 19, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully subm NESTICO, DRUB Date: By: (?'! chard B. Dru , Es Attorney I.D. o. 61 04 840 E. Chocol ve. Hershey, Pennsylvania 17033 (717) 533-5717 z? ??? Attorney for Plaintiffs , L.L.P. RND NESTICO, DBUBY & MDULM, LLP ATTORNEYS AT LAW 840 East Chocolates Avenue, Hershey, PA 17033 Phone(717)533-5406 Fax(717)533-5717 w wwr harsheypalaw..com November 13, 2008 VIA CERTIFIED MAIL. RESTRICTED DELIVERY. RETURN RECEIPT REOUESTED President K. Hovnanian Companies of Pennsylvania, Inc. 110 West Front Street Red Bank, NJ 07701 Re. O'Grady v. Hovnanian Enterprises, Inc. et al. Cumberland County Docket No. 08-6295 Dear Sir or Madam: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. Very truly yours, NESTICO, D""YA;AIILIPABRAND, LLP By: .0 F I C L USE ti .11 Posfepe s a CerMW Fes ru P tr k C3 Retum Receipt Fes E os nar Here C3 ( rWoreansm Rsquked) C3 ?tRscp= 16T C3 Total Postage 9 Fan $1 0-1."a 1111,4 M 0 ? - -- ---- -- - -- --- , ---- --- mai-A ----------------------------- 6an ¦ Complete items 1, 2, and 3. Also complete item 4 N Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: iTresidff* .`Qg (56 p1 k? • Ebv nay , CU) C Ito FY76n Xlelelf R J6 W 01101 A- X ?L B. Received by (Print D. Is delivery address dil If YES, enter delivery 3. Service Type W(CertiNed Mall O Express Mall f] Registered RRetum Receipt for Merchandise ? Insured Mail 13 C.O.D. 4. Restricted Delivery? (E)ffra Fee) byes 2. Article Numbw 7007 3020 0002 1421 5679 (Aenawf mn" tIMW PS Form 3811, February 21)04 Dorrresllc Return ReoNpt 1025e54XI-rr IM C"'} °' a `Y C cs ?`.•" ? ? ?;,t-Yes ? ?a ?, .,, t. ?..- ? C. - a' ?? JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY : JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on October 27, 2008, I served on Ara K. Hovnanian, President of Defendant, Hovnanian Enterprises, Inc., 110 West Front Street, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by his authorized agent on October 29, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully submitted, NESTICO, DRUBX,& H-4,DAIJRAND, L.L.P. By: w chard B. Drub} , Esq re Attorney I.D. No 61 4? 840 E. Chocolate ve. Hershey, Pennsylvania 17033 (717) 533-5717 Date: Attorney for Plaintiffs gND NESTIC01 DOY & H&DARM, LLP ATTORNEYS AT LAW goo past Chocolate Avenue, Hershey, PA 17033 Phone(717)533-5406 Fax(717)533-5717 www.hersheypalaw.com October 27, 2008 VIA CERTIFIED MAIL. RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED Mr. Ara K. Hovnanian, CEO and President HOVNANIAN ENTERPRISES, INC. 110 West Front Street Red Bank, NJ 07701 Re: O'Grady v Hovnanian Enterprises, Inc. et aL Cumberland County Docket No. 08-6295 Dear Mr. Hovnanian: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. NESTICO, By: RBD:bls Enc. cc: Jim and Florence O'Grady O/FFICI L USE 1 I Postage $ cedow Foe C3 Here a I C3 PMftW 0WWeq Fee j t7 (Endaaenwk Revoaaa) / /.,'2 /,,may C3 Total Postage & Few $ / v 71V?J M Sew 0 -POS-N. 1(0 W. 1F?pvt4 jii S?. --------------- ----- ------- ---- ..._--•------------ ------------ 11111I[pill 4101,11111 10.1 illNb? 1p11 4 Very truly yours, I >• Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the`back of the mailpiece, or on the front if space permits. 1. Article Addressed to; C.?a`-? p«slder? -t" CK kiiol) 6,At?pr?SQS no- k16 W o-bi "Frorli S-ily ei P..xd &nk , N ? (311 ()1 A. Stgnaw J?AX ?? 0 Agent X ? Addressee B. Received by {r C. Date of Delivery D. Is delivery 1? ? Yes If YES, ivory epskess ? No 3. Service Type W,C,eWW Mail ? Express Mail 0 Registered WRetum Receipt for Merchandise ? Insured Mail ? C.Q.D. 4. ResMcted Delivery? (Exda Fee) Wyss 2. Article Number 7007 3020 0002 1421 5556 (Frantlir fiats serrioe (d?eQ PS Forth 3811, Feb u y 2004 DornwHe Rekwn Receipt 102505-02-WIM ?.:, ^,? °` <-- ? ? ? .. ?,? _._ r -?; ?? ?.? a. ' - • ? ? w : y n -- .c -? JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on October 27, 2008, I served on Ara K. Hovnanian, CEO of Defendant, K. Hovnanian Venture I, LLC, 110 West Front Street, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by his authorized agent on October 29, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully submitted, NESTICO, DRUBY & By: Date: / j S' OC L.L.P. _ 840 E. Chocolate Ave. Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs WTIck DRUBY & RD"b", UP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com October 27, 2008 VIA CERTIFIED MAIL. RES'T'RICTED DELIVERY. RETURN RECEIPT REQUESTED Mr. Ara Hovnanian, CEO K. HOVNANIAN VENTURE I, LLC 110 West Front Street Red Bank, NJ 07701 Re: O'Grady v. Hovnanian Enterprises, Inc et aL Cwnberland County Docket No. 08-6295 Dear Mr. Hovnanian: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. RBD:bls Enc. cc: Jim and Florence O'Grady tOFFICIA . USE ?. s cwwmd F« ICKWN?K RDMOtR:a TOW Pmt" l F *m POaerdc Ft" /4.97/0f To C3 N.A. W. C3 or PO 8w NbL tui?inm ndiuladurill 6r 01 P1710?pi?u?n?pinlnun Very truly yours, ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired, ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Mr, Ores k1tV mril an , CEO K- ? A- AV Ylof1; -" V Q e 7 l LC \l0 w a?} Fran-t Qe* &-Ln?-, 0) 0-1101 A. X B. Received by ( D. Is delivery ad if YES, enter y ? Agent ? Addressee "?r+? ` ,?? Date of Delivery d? Yerent Item Yes add below: No 6. 3. Service Type OK Certified Mail ? Express Mall ? Registered PRetum Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Exfra Fee) Ayes 2. Article Number 7007 3020 0002 1421 5570 ( msftr Anm sw m" Ps Form 3811, Fewuwy 2004 Dwmtle Ream Receipt 102505-M-Wt540 ; c`? r?.a ?: ---+ ?? d _ ? yrs., r? ?fib 5 •. `? .. V ??sr ? -^ V ,' . ? JAMES P. O'GRADY, JR and FLORENCE O'GRADY, Plaintiffs, V. HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN ENTERPRISES, INC.; K.HOVNANIAN AT SILVER SPRING, LLC; K.HOVNANIAN VENTURE I, LLC; K.HOVNANIAN COMPANIES OF PENNSYLVANIA, INC.; and K.HOVNANIAN HOMES OF PENNSYLVANIA, LLC, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 08-6295 CIVIL TERM CIVIL ACTION - LAW AND EQUITY JURY TRIAL DEMANDED AFFIDAVIT OF SERVICE I, Richard B. Druby, Esquire, counsel for Plaintiff, hereby certify that on October 27, 2008, I served on Kevork S. Hovnanian, Chairman of Defendant, K. Hovnanian Enterprises, Inc., 10 Highway 35, Red Bank, NJ 07701, the Writ of Summons via certified mail, restricted delivery, return receipt requested. The green return receipt for said service indicates that the same was received by his authorized agent on October 29, 2008. Attached hereto, marked as Exhibit A and incorporated herein by reference are the cover letter and green return receipt for the service of the original Writ of Summons. Respectfully submi NESTICO, DRUB' By: Date: 1A S7-06 ABRAND, L.L.P. ,dcliafd B. Druby, E uire Attorney I.D. No. 6 90 840 E. Chocolate Ave. Hershey, Pennsylvania 17033 (717) 533-5717 Attorney for Plaintiffs ND NESTIC09 DR,UBY & RDABU D, LLP ATTORNEYS AT LAW goo East Chocolate Avenue, Hershey, PA 17033 Phone(717)533-5406 Fax(717)533-5717 www.hersheypalaw.com October 27, 2008 VIA CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED Kevork S. Hovnanian, Chairman K. HOVNANIAN ENTERPRISES, INC. 10 Highway 35 Red Bank, NJ 07701 Re: ' O'Grady v Hovnanian Enterprises, Inc. et aL Cumberland County Docket No. 08-6295 Dear Mr. Hovnanian: Pursuant to the Pennsylvania Rules of Civil Procedure, you are hereby served with the Writ of Summons filed against your Company in the above matter. Please read that document carefully and act accordingly. RBD:bls n, M ? Ln I? .•FFi N ?' PosOape S Very truly yours, rLi COMW Fee o (Ends `, ? tEnd,,,a,n,,,oeNver,,r;eq?,,,? j U Jai/ Tote1 Poaegg & Fees ¦ Complete items 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery is desired. .. 0 Agent X ¦ Print your name and•address on the reverse ' El Addressee so that we can return the card to you. ¦ Attach this Wd to the back of the mailpiece, . B. a *ved by (Pri C. Date of Delivery pr ._?O or on theft if space permits. A 1, Article AdU& to: D. Is delivery em 0 Yes If YES, ante 0 No ? j-' U +1ioq 1r iQn rm Q (???{?? ( 3 5 3. Service Type 1 Certified Mail 0 Express Mail Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 700'7 3020 0002 1421 5532 (Iiartelilr /rbm aMV?es fe6stJ PS Form 3811, Februmy 2oo4 Domestic Return Receipt 102.MAW C"7 . 4 James P. O'Grady et al' ' R, i HOk,Q vs 2011 AUG 30 AN It: J7 Case No. 08-6295 CUMBERLAND COUNT' H,3vnanian Enterprises, IRENNSYLVANIA Statement of Intention to Proceed To the Court: Plaintiffs intends to Print Name Richard B. Druby, Escgign Name Date: d Z (t Attorney Plaintiffs above captioned matter. Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (dx2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. James P. O'Grady et al t- vs Case No. Hovnanian Enterprises, Inc. et al To the Court: 08-6295 STATEMENT OF INTENTION TO PROCEED Plaintiffs intends to proceed with the above captioned matter. Richard B. Druby Print Name • Sign Name Date: id/0R Attorney for Plaintiffs IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.