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HomeMy WebLinkAbout01-0641MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff ALPHA CONSTRUCTION & DEVELOPMENT, INC. and FEREDOON KHOSHNEVlSSAN, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C) I-- : CIVIL ACTION - LAW 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 or any money claimed in the Complaint or for any other 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3166 MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff ALPHA CONSTRUCTION & DEVELOPMENT, INC. and FEREDOON KHOSHNEVISSAN, Individually, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : .. :NO. .. . ,, . . : : CIVIL ACTION - LAW 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 or any money claimed in the Complaint or for any other 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3166 MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff ALPHA CONSTRUCTION & DEVELOPMENT, INC. and FEREDOON KHOSHNEVISSAN, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPLAINT AND NOW, comes Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., a Virginia corporation, authorized to do business in Pennsylvania with offices and/or a place of business situate at 3442 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvan!a 17011. 2. Defendant, ALPHA CONSTRUCTION & DEVELOPMENT, INC., ("Alpha") is a Pennsylvania corporation with offices and/or a place of business situate at 236 Carlisle Avenue, 2nd Floor, York, York County, Pennsylvania 17404. 3. Defendant, FEREDOON KHOSHNEVISSAN, is an adult individual with last known address of 236 Carlisle Avenue, 2"d Floor, York, York County, Pennsylvania 17404. 4. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 5. "Alpha" is, and at all relevant times was, a contractor. 6. On or about February 22, 2000, "Alpha" applied to Plaintiff for credit. A true and correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A". 7. Between February 22, 2000 and July 28, 2000, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by "Alpha" from Plaintiff. PLaintiff sold and provided the products ordered by "Alpha", the same being represented by the invoices attached hereto and made a part hereof and collectively referred to as Exhibit "B". 8. The prices charged for the products sold to "Alpha" as set forth in Exhibit "B" were the fair, reasonable, and market prices of the products, and the prices that "Alpha" agreed to pay. 9. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits for the sale of products sold to "Alpha" by Plaintiff. '10. Plaintiff has submitted to "Alpha" a monthly statement of account accurately showing all debits and credits for transactions with "Alpha", the most recent statement of account dated September 30, 2000, showing an amount owing to Plaintiff of $7,820.60, A Copy of the statement of account is attached hereto and made a part hereof referred to as Exhibit "C". ll. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and "Alpha", and as further stated on the invoices attached as Exhibit "B", Plaintiff is entitled to receive a finance charge of 1.5% per month on past due amounts. 12. Pursuant to the terms and conditions of sale and extension of credit, "Alpha" agreed to pay reasonable attorney's fees and all court and collection costs. 13. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the rate of $130.00 per hour in the collection of the amounts due from "Alpha", 14. Plaintiff has incurred reasonable attorney's fees from the law offices of KUNDRAT & ASSOCIATES as of January 2, 2001, in the amount of $1,025.12 at the rate of $130,00 per hour in the collection of the amounts due from "Alpha" incident to the commencement of the within action; Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 15. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. COUNTI MOORE'S LUMBER & BUILDING SUPPLIES, INC. V. ALPHA CONSTRUCTION & DEVELOPMENT, INC. 17. Plaintiff incorporates by reference Paragraphs 1 through 16 of its Complaint as though the same were set forth at length herein. 18. The invoices attached to Plaintiff's Complaint as Exhibit "B" represent products sold by Plaintiff and purchased by "Alpha" pursuant to "Alpha" account with Plaintiff. 19. "Alpha" has not objected to any of these invoices and has accepted the products provided thereby, but has failed to pay Plaintiff despite demand pursuant to its open account, all to the damage of Plaintiff. WHEREFORE, Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against "Alpha" in the amount of $7,820.60, plus interest at the rate of 1.5% per month from September 30, 2000, reasonable attorney's fees calculated at $130.00 per hour in the amount of $1,025.12, the costs of this action, and such other relief as the court deems just and proper. COUNT II MOORE'S LUMBER & BUILDING SUPPLIES, INC. V. FEREDOON KHOSHNEVISSAN, Individually (Guaranty) 20. Plaintiff incorporates by reference Paragraphs 1 through 19 of its Complaint as though the same were set forth at length herein, 21. In consideration of the extension of credit by Plaintiff, Defendant Feredoon Khoshnevissan, individually, unconditionally guaranteed the payment of all amounts owed by "Alpha" to Plaintiff in addition to reasonable attorneys fees and costs incurred in the collection of any amount due from "Alpha" and referenced in Exhibit "A" attached hereto. 22. Pursuant to the terms and conditions of the Guarantee contained in the credit application, Defendant specifically agreed that: · ..the undersigned Guarantor (even if more than one) hereby warrants and unconditionally guarantees to Moore's the full and prompt payment when due (including any accelerated or extended maturity) of all indebtedness, obligations and liabilities of Customer to Moore's including finance charges applicable hereto, now existing or hereafter created or arising, even if such indebtedness is in excess of the applied for, or established credit line. Guarantor further agrees to pay all expenses, including expense of court costs and attorney's fees paid or incurred by Moore's in endeavoring to collect such indebtedness or any part thereof or in enforcing the Guaranty. 23. Despite demand, Defendant Feredoon Khoshnevissan has refused to pay the past-due balance on the open account of and all sums due and owing to Plaintiff. WHEREFORE, Plaintiff MOORE'S LUMBER & BUILDING SUPPLIES, INC., respectfully requests that judgment be entered in its behalf and against Defendants in the amount of $7,820.60 plus interest at the rate of 1.5 per month from September 30, 6 2000, plus reasonable attorney's fees calculated at a rate of $130.00 per hour in the amount of $1,025.12, plus the costs of this action, and such relief as the court deems just and proper. Date: January 17, 2001 KUNDRAT & ASSOCIATES Job 107'~,oas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff ~ COM~!A~ CRE/.,, i' APPLICATION ,,, ~:~ND TER~$~ ~EEMENT LL) Repair Contractor ~_! Remodel Cont~ E~t~ Ma~ BANIONG REFERENCES BANK NA~E; RECENT t~IGH CREDIT ~/4~flf; !~VBO:L; 00-~-~o0 Credit L.ine~,.am establiahe~' he sole dlso~atlon: of 1he ~t4~pUer and car irmreased or decreased w~out written ab cY~-~-elo~es (~ht~h i~ knmm as tits '~.~°u. $?"#ng ~>/~m h we w~tl . .~.? -Y~U, a ata't?m .an_~. °u.n-~ng .~e.mrren. ~ ea~.~ ~ CHARGE'~ ~mP~d ~ a~ying a pefi~m rate to ~ u~ld Pu~~ ~ng o~ day of ~e ~ ~llng ~. It is a~ed ~at all i~l~s, whaler s~ned or not, sb~l be dee~d true ~d a~urate unless ailed di~ am ~ ~ ~ng ~ffiin (5) ~ys ~ sta{ement date. No o{her charges will be im~e~ un~s ~r ~ls to ~ ~nt ~ required, in which ~nt the ~nse of ~1~ ~all ~ imbed, i~ud~ng ~a~nable aff~n~'a ~s ~ ee~io~ of an afforney am empl~ed to e~ A~p~ ~ 9a~ent tn affeam or ot ~ial p~ment ~atl not be d~m~ a waiver of the right to aem~d prompt payment in ~tl nra ~r ~ any riehl ~ rem~y M~m's Lumber & Building Sullies, Inc,, hereinafter ~ to *M~re's~ m~ ~a~ on aw ~tur'e ~sion. Moore's ~U ~lntain lien nghts on p~ ~r which marshals ~ve been p~d~ ~nd will claim a lien to ~e e~ent of all materials not ~id ~r within agreed terms. ~e r~n~tlona mede heroin ere ~rr~ to the bes~ of my knowledge, and I understand this ~ppl~a~en may r~ked or mje~ by M~m's at a~y time ~ the a~ual facts are ~und to differ The undersigned hereby unconditionally auth~lzes M~re's ~ ch~ the ~monal cred~ of alt owners and/or officers, an~ authoress all appliers cr~llom and ~egosito~s to provide M~m's cr~it re. fences and verffi~on of loans and deposim ~r pur~S of consi~rlng this ~plication ~r c~lt an~ peri.lc r~iew. By elgning this ~pli~tion, ~ a~o~l~e !~ t h~ re.a~ ~nd. agree to t~e terms, Agre~ to by: N&me ~usines~ . ~ Q5 ~ GUARAN~ For value receiv~ and to i~u~e ~re's Lumber & B~itdin~ Supplies, Inc., hereinafter referr¢ to as "~om's;' to extend cr~lt to , the undemigned Guarantor (~en if mere th~n one) ~re~ war.nfs end unconditionally guaf~tees to M~fe's the full end pro.pt payment when due (including a~oelerat¢ or sxtended maturi~) of all indebtedness, obligations and liabilities of Cuetome¢ te M~re's inclu~g ~eti~uent eharges applic~le hereto, now exi~g or hereafter creat~ ~ arising. It is ~ndemt~d ~at cr~it ~ines esta~ish~ at ~e sole dlacretion of tbs supplier a~d can ~ Incresse~ or ~e~reased without wri~en ~tJc~. G~arantor fu~er a~ees to pay all e~s, including expense or ~urt ~sts and reasonable affom~y's fees paid or i~urr~ by M~re's in endearing to ~Uect such inde~edness or any pa~ 1hereof or in enfoming the Guarantor waives all notiees and demands of any ki~d, and hereby consents to any agreements or arrangements ~at~er with Cu~omer including wltho~ limitation agreements ~d s~ngements ~r payment, extension, subordination, com~aifion, arrangement, discharge 0r reteese of the whole or any ~rt of tbs indebt~ne~, no way I~pair G~Arantods liabili~ hereunder. Moore's may relate er ~elinquish ~y s~url~ now or bereaffe~ held for any i~¢te~ess ~reby guarant~ or any gua~n~rs or sureties, w~hout the same di~hargi~g, releasing ~r in any manner affe¢~g the liabil~ of the Guarantor heraun~r. This Guaran~ sh~l be entorceable before or after pr0~edlnga against Customer, or simult~usly be(ewith, and witbo~ re~ to a~ ~c~d~. :: ~e G~ran~ s~ll remain in full ~me and e~ct un~l wriffen n0tise of ~ncelletio~. Any s~h notice of san~llatior ff glve~, shall not affe~ the obligation of Guarantor to pay ~11 sMm~ then ~ue by the customer and/Or Th~ ~aran~ ia en~rce~ble against ~e undersigned Guarantors w~ether or not the Sgnatures are wit~ess~. Th~ undemigne~ here~ uncondi(ionally auffiorizes alt appli~b~e cr¢itors and de~sitodes to ~rovMe Moore's re.tenses ~ ~flfi~tion of loans and ~e~osits for purposes of considering this application for credit and ¢~riodic r~i~. By signing ~is a~plication, t scknowt~ge that I have read an~ agreed to the terms of sale as set 9ut ~%;he fron ~tne~ . ~ ' ¢ /¢a~ . GuarantorSi~etd[~ Wi~ess Oats Guarantor Signature Wltneas .~ Date Guarantor ~ignatu~ M-342 Rev. S~.O lO~ INITIAL ~Pl~l COIISTRUL'flON ~, ~VELI~EIg thy-no: ~)llE?G IR L -: ZEIGLERC / Curt Zeigltr: J~ IN~O: ~L__ PICKU~ RAIL PAYIIE#T TOt ?17~0~913 3~ Sl~psen Ferry LOT 50 CHAPLEIIO0~ ESTA1£S Cup flill, ~A {?Oll LOT 50CHfLPLEM(IOD YORKt PA UR1T-PRICE UNIT EXIENDE1)-~ICE iTRX DOOR STEEL pH ~PRREL ~iO LH U ~T ~RI~ LB l-llklbS/~ x 6 NO~ STEEL PR 6-PP~4EL ~1~ ~ U EXT 3RltB LE6 1-11~-5/~ x 6 ~ S~EL ~ 9-LITE EIB L~ ~ITH ~ O I t3~.O0 ea 1 IELO0 ea I JS~,~ ea 159.00 NONqABBLE TRXRBLE TUeTOTAL lAX TAX EXERPT I: AUIH, F~I KRY 0 0 ~I~LARCE: O .00 SOLO TO: ALPHA ~NSIRS~]ON & ~E~LD~RENT INC TranS-date: O?tlO/~O Page*no: I of I lOs~?;Pi~ 1NV~ICE INVOICE INVOICE INVOICE INVOICE INVOICE ~* Reprint aa Rt~rint a~ Reprint e! Reprint et Reprint ~ IN~GICE JOB IN~O: ~EL__ PICKUP__ CU~! PO Ih CltqPELMOOD LOTISO ~IL PRY~HT TO: t~Greqs L~ltber ~-. 2~0 3~ Siapson Ferry Ca~p Hill~ PR i?Oit OUAI~ITY UNIT-PRICE UNIT EX~E#~-IqHCE :TAg t?~Ol~ 17~01~ 36'# laYP gT~I8 4T OPEN ~E'# 13Ti~'* RITRE RETL,'RN~ OPER LEFt I lb3.8O ea lb3,~ TAI EXERT ts : SOU) TOt 39649050 ALPHA CeNSTR~TION & ~E¥£COP~#I I~ 801 ~ YORK, 1740e3 174e~3 .... I#VOICE J~ IIIFOL DEL__ PICKLe__ LOT 50 CHAPL£MOOO ESTAI£S LOT 50 CHA~LEMO0~ £ST~1E6 O?/lO/~l)O0 61~4265 Reg. Il INVOICE INVOICE INVOICE INVOICE INVOICE HAIL pAYWENT TO~ ~oore's Lulb~r 3~4~ $t~son ferry 6~ : richard~ / Curt YORK~ PA ~B~& crestllfle clad #h,obg,~cteen ~8~ trotline clad d~,lbg,~raon ~ cre~tlifle clad ~gbg,scr~ ~-~ twin cr~tlina cl~ ~tgbg K~6-9 ZB~4-3 triple crfliltfle clad ~8 sliding patio deo%hvy duty scrNn ~BB.60 ea i,iS~.~O : 19&.97 em 940.48 es 740,~ 73&,41 as 736.~1 N(~I4AIR~LE IfllRItLE SUBTOTAL TAX aO11~, ~E~ KAY TOTAL : ALP~ CO#~1RUC11ON & 9EVELQPMEMI Inv-not e~0~115;5 [N O~ richardi / Curt PO t: Ro~. I: !3 INVOICE INVDICE INVOICE INVOICE INVOICE INVQICE iNVOIC[ YORK~ P~ ~?~Z INITIAL ~0~ JOB I~0; DEL.~_ PICK~ MAIL PAYMENT TOt CU~T P~ it Moore's Lu~ber Br. ~0 H?e030913 3~e S~pso~ r~ry LOT 50 C~LE~ObESTAT~ YIN~ PA i%0~ PRB~JCT-I~ DESCRIPTII~ UNIT EXT£NGEII-PRICE TAX STEEL DOOR SLA9 ~ pIE 3-0 SING BORE 8A DDOR SM[£P 3-0 STEEL UTILITY ~1)~8 NOI~-TAXA~LE TAXABLE 8U)TOTAL TA~ TAI ELECT IY THANK YO~ FOR SXOP~ING RDOR~'$! TOTAL 6~.32 0 0 0 : i 0,00 0.0~ ~ ~L~L~LL~L TOe ACPH~ CO~GTRLiCT]ON & ~VELOPllEKT INC INiTI~L PROOUCT-IB DESCRIPTION Inv-flof Beoo]eIl3 IN 0 : richard~ / Curt Zei~ e~ PO i: gi~?RS Re9, t~ ? INVOICE INVOICE INVOICE INVOICE INVOICE INVOICE ]B~ IN~O: ~L~ PICKUP__ afllL PAYHE#T CU~! PO 1: Hoore'~ Lumber ?17~0~I3 3~e Silp~on Furry LOT~ C~PLE~ ~TATE~ INVOICE YORKf PA ~ANT[T¥ UNI1-PRICE UNIT E[T£#~D-PRICE ?~X ~5~ COTTA6E C~SILINE WH~6~6,SCR,&9'I/I NON-TAX~L~ ?AIA~L£ SUBTOTAL IAI £XE~PT It THANK YOU I~OR SHOPPING HO~RE'S! TOTAL 0 0 : O.OO 0.00 BALANCE: 60E.83 II~R['S LURER & BUtLD~#6 SUPPLIES, 344~ SIRP$ONF£RR¥ RD, ~RI~ H~LL, PR I?Ott ~ORE'S LuHMR & ~J[L~I~ CPJ~ HILL~ P~ ALPJ~ CONSTRUCTION t O~'V£ ~cct*. 396~B-0~0 start 09130100 he: lOliOtO0 396&B-0~) 09130100 Sums&fy ....................................... a~linning Bal~nce~ ?,706.71 Dtsrwst 113.89 PayMetsl O.O0 Rebirna 0.00 Endi~9 hIincl: Scenery ................ hgin 161 Ch~r~e tlI.~ Pay#ets 0,00 Returns 0.0~ Endin0 hi ?~0.60 Inveic./~turns ............................... Ia¥okss/Ssiurns ....... Nuaber btm Reotmt ~lance NuMar hen Balance Sale ~l~ti3 09~ ~E.83 ~.83 ~01~113 O?~B 60B,83 Sale ~li~ O?t~O ~.32 64,32 ~li~ 0714 ~.~ ~le ~11~4 0710~ 6)~.05 6,~.0~ ~11274 O?iO ~.~ ~te ~elt2?3 Sail L-~g ~8 ~31~ 113.~ 113,~ ~0~8 0831 113.~ current 0,00 30 days 0.00 BaIaflce D~e 8alice ~n 60 days ?sgE.se 90 days 0.00 1~+ day 0.00 L-Chg~ P~T.?R ?,8~.&O 78~0.60 Th~qK YOU FOR SHOPPIN~ KUNDRAT ~ ASSOCIATES LAW O~ICES VERIFICATION , authorized agent of Moore's Lumber & Building Supplies, Inc. do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. c SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE'S LUMBER & BUILDING VS ALPHA CONSTRUCTION & DEVELOP R. Thomas Kline , duly sworn according to and inquiry for the within named DEFENDANT law, says, that he made a diligent to wit: Sheriff or Deputy Sheriff who being search and ALPHA CONSTRUCTION & but was unable to locate Them deputized the sheriff of YORK DEVELOPMENT INC in his bailiwick. County, serve the within COMPLAINT & NOTICE He %herefore Pennsylvania, to On February 9th 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. York Co 29.38 .00 66.38 02/09/2001 Sheriff of Cumberland County KUNDP~AT & ASSOCIATES Sworn and subscribed to before me this /2 ~ day of J~ ~w3/ A.D. F ;Prothbnotary ' SHERIFF'S CASE NO: 2001-00641 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOORE'S LUMBER & BUILDING VS ALPHA CONSTRUCTION & DEVELOP RETURN - OUT OF COUNTY Thomas Kline mo i duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being a diligent search and , to wit: KHOSHNEVISSAN FEREDOON but was unable to locate Him deputized the sheriff of YORK in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On February 9th , 2001 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 02/09/2001 KUNDRAT & ASSOCIATES Sworn and subscribed to before me this /~ day of ~/ A.D. this office was in receipt of the Sheriff of Cumberland County COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST, YORK, PA 17401 SERVICE CALL (7]7) 771-960I SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN Moore's Lumber & Bldq Supplies, Inc. 3. DEFENDANT/S/ SERVE 11'O12 · 2. COURT NUMBER 01 - 641 C iv i 1 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint 7. INDICATE SERVICE: O PEflSONAL O PERSON IN CHARGE ~ DEPUTI~ U m hl~ c~0~ _~L .~p O 1 ST CLAS~. M~I.~ O POSTED NOW ~ / [ / 0 ~ 19 I, SHERIFF OF . A, do bere~he sheriff of Vo rk ~ COUN~ to ~~ ~,~8 ~~f .~ording to law. This ~pu~lon ~lng ma~ at the ~st and risk of the plalntiff~ · ~ Cumberland Cr~nSfrl~flnn & Dovolopment, Thc. , etI a] . 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED. OR SOLD. A]_pha Construction & Development, Inc. 6. ADDRESS (STREET OR RFD WITH SOX NUMBER, APT NO., CIT~, BORO, TVVt~, STATE AND ZIP CODE 236 Carlisle Ave, 2nd Fl, York, PA 17404 n OTHER OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE ONLY APPUCABLE ON WRiT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of leW or attachment, without liabirity on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRES~ of ATFORNEYIORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED JOHN S. KUNDRAT, ESQ. 107 BOAS ST. HARRISBURG, PA 17102 232-3755 1-31-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed). CUMBERLAND CO. SHERIFF 13. I acknowledge receipt of the writ R, AHRENS or complaint es indicated above. 16. HOWSERVED: PERSONAL~ RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFF,~ OTHER( ) SEEREMARKS 17. n I hereby certify and retam a NOT FOUND because I am unable to locate the indNidual, company, corporation, etc, named above, (See remarks below.) ~8. NAME AND I~I'FL E OF J~OIVlDUAL SERVED / EST ADDRESS HERE IF NOT SHOWN ABOVE (RelatlonV~..l~.J~-Defe ndant) [ 19. Date of Service[ 20. Time of Service . · [21~TTEM~S ~1 Tlme l MII~ Int. I Date Time Miles Int.] Doteq Time M es Ct. Date Time M es Ct Date Time M esr lot Date Time MilssJ Int. 22. REMARKS: 23 Advance Costs 24 ts 25 N/F 26 Mea 27 Postae 28 SubTota 29 Pound 30 Nora Fee 31 Surcha e 32 TotalOo lon.0n I xxx~ I I 1.38 25.38 I 4.00 29 ~8 7n.67 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Milaage/Posfoge/N.E 39. Total Costs' ' / 40. Cost Due or Refund / De~. Sheriff ., ~ --- ~Z~¥ 4s.S~neture of York ,~. !~~=~"~~' WILLIA, hi. HOSE /f~Ff~~ 2-8-01 / , ..~ P~, ~ ~.~,~ub~./,~ 46. Signatare of Foreign ~0. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN $1ONATURE I 51. Date Received OF AUTHORIZED ISSUING AHTHORIT~ AND TI'I~E I I.WHITE-IssuingAuthority 2. PINK-Attorney 3. CANARY-Sherift'sOffice 4, BLUE-SheriFsOffice OOUI-4TY OF OFFICE OF THE SHERIFF 28 EAST MARKET ST. YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLAINTIFF/S/ Moore's Lumber & DEFENDANT/S/ ;ERVE AT · 2. COURT NUMBER 0 1 - 6 4 ! 4~ TYPE OF WRIT OR COMPLAINT 12¸ Civil . INDICATE SERVICE: r~ PERSONAL [] PERSON I" CHARGE ~ DEPUTIZE C t tlI~FF~'' ]/l~lh~ ~1 ST C~SS MAI~/~POSTED IOW ~ / ~ / 0 1 19 ~ _ I, SHERIFF OF ~~~y ~~heriff of York COUN~ to exe~thl~d~~r~of ~cording olaw. This deputation ~lng made at the request and risk of the plaintiff. ~ SHER[F~CF ~XCOUNTY , SPECIAL INSTRUC~ON~ OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C U~ e ~ ~ ~ ~ Building Supplies, Inc. Alpha Construction & Devl. Inc. Notice & Complaint ?eredoon khoshnevissan 236 Carlisle Ave, 2nd Floor, York, PA OUT OF COUNTY CUMBERLANn ADVANCED FEE PAID BY SHERIFF IOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or a[laching any properly under within wdt may leave ~ame without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any ~[aintiff herein for any loss, destruction, or removal of any property before shedff's sale thereof. TYPE NAME AND ADDRESS of A'FrORNEY/ORIGINATOR and SIGNATURE 10 TELEPHONE NUMBER IOHN S. KUNDRAT 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt o! the writ SIGNATURE OF AUTHORIZED CLERK 14. Date Received 15 Expiration/Hearing Date 16, HOWSERVED: PERSONAL~" RESIDENCE( ) POSTED( ) POE( ) SHERIFF'S OFF (~,,~ OTHER( ) SEEREMARKS 17. [~ I hereby certify and return a~NO~' FOUND because I am unable to locate the individual, company, corporation, otc, named above. {See remarks below) i)~,~. Ai~.MEEM~[Trr~LE/~"~I~IDIVlDUAL SERVED/LIR'r .r~mm=~ Nlm~ ,~ ~4~T Rt4OWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service Date ITImelMilesl Int. IDateITimelMItssI Int. IOate Tin,Miles! Iht. I Date ITimelMiles: Int. I Date ITime Miles~ nt Date TimeM es Iht 22. REMARKS: 23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. TotalCosts 33. Cost Due or Refund 34. Foreign County Costs. "35' Advance. Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.F. 39. Total Costs 40. Cost Due or Refund ' ~' ~ ~ (~ . ~ /SOANSWER. 44 S~gnature of 47 41 · AFFIRMED and subscribed to before m~this ~ ' ('"- /~'/~/~/-~.z~ ~ ~ .Date ~. FEO~h~nv . ~'", . ~UOJ. Dso. Sheriff ~'~ ~ ~ -- ~/' ~ ~- ..~ · ' ~ u ~Aia~,A~. fat:&L ~1 45 Sgna ute of Yo k // // 48Dae 43. F~~~ WILLIAM M. HOSE ~/~ 2-8-01 ~~~~R. Sll6'signature of Foreign 49. Date MY COM . Coun~ Sheriff 50. I AC NATURE 51. Date Received OF AU~ORIZED ISSU NG AUTHOR ~ AND T TLE 1. WHITE - Issuing Authod~ 2. PINK-Affomey 3. CANARY- She~'s Office 4, BLUE*Sheriff's~ice MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff V= ALPHA CONSTRUCTION & DEVELOPMENT, INC. and FEREDOON KHOSHNEVlSSAN, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-641 Civil Term CIVIL ACTION - LAW PRAECIPE TO SETTLE, SATISFY and DISCONTINUE TO: Prothonotary, Cumberland County Kindly mark the docket Settled, Satisfied and Discontinued KUNDRAT & ASSOCIATES PA ID 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Dated: April 9, 2001