ss.: affidavit of service - justia... · n sex: male color of skin: white color of hair: gray age:...

INDEX #: 2:07-CV-02661 ( NGG)(ETB)Date Filed:

UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT : EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'Connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASIILEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintiff -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)

VSPlaintiff(s)/Petitioner(s)

ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTYDEFENDANT)

Defendant(s)/Respondent(s)

STATE OF NEW YORK, COUNTY OF NEW YORK , SS.: AFFIDAVIT OF SERVICEDaniel Knight , being duly sworn deposes and says: Deponent is not a party herein is over 18 years,

of age and resides in New York State. On September 24, 2007 at 4:40PM

at 223-225 HIGHLAND PARKWAY, ROSELLE, NJ , deponent served the withinThird Party Summons in a Civil Action & Third Party Complaint

on: WORLD SPICE INC. Defendant therein named.

#1 IND,LVJ,DUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.

#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally, deponent knew the person so servedN to be the MANAGING AGENT of the corporation , and authorized to accept service on behalf of the corporation.

#3 SUITABLEAGE nRSON By delivering a true copy of each to a person of suitable age and discretion.

Said premises is recipient's : [ ] actual place of business [ ] dwelling house (usual place of abode ) within the state.

#4AFFIXING By affixing a true copy of each to the door of said premises , which is recipient 's:[ ] actual place of business [ ] dwelling houseTO P-?OR (place of abode ) within the state.

Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereaton the day of aton the day of aton the day of atAddress confirmed by

#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential" in an official dei3ositorv under the exclusive care

and custody of the United States Post Office in the State of New Yor q and Certified Mail A

#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows:N Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height : 5' 4" - 5' 8"

(use with #1 , 2 or 3) Weight: 161 - 200 Lbs Other Features:

#7 WITqFEES the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient.

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the Stateq of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform.

#9 USE IN NYCCIVIL COURT The language required by NYCRR 2900. 2 (e), (f) & (h) was set forth on the fact of said summons (es).

#10 OTHER

VVCIVVT RC0141%, t\ I'1....:..1 V-:.."

NOTARY PUBLIC, State of New YorkNo.01 RE5067464, Westchester County Server's Lic #

Commission Ex ires 0 t 15 2010oF, .' Invoice/WorkOrder# 07023962

SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, Fax 212-431-9485 www.sAV-oNPRocEss.coM

Case 2:07-cv-02661-NGG-ETB Document 7 Filed 10/04/2007 of 21Allen et al v. Robert's American Gourmet Food, Inc. Doc. 7

Dockets.Justia.com

http://dockets.justia.com/docket/court-nyedce/case_no-2:2007cv02661/case_id-270993/

http://docs.justia.com/cases/federal/district-courts/new-york/nyedce/2:2007cv02661/270993/7/

http://dockets.justia.com/

INDEX #: 2:07-CV-02661 ( NGG)(ETB)

Date Filed:

UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASHLEE ALLEN , Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintify) -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)

VS Plaintiff(s)/Petitioner(s)ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY

DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK , SS.: AFFIDAVIT OF SERVICEDaniel Knight being duly sworn deposes and says: Deponent is not a party herein, is over 18 years


at 223-225 HIGHLAND PARKWAY, ROSELLE, NJ , deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint


#1 IND,LVIDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.

#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally , deponent knew the person so served® to be the MANAGING AGENT of the corporation , and authorized to accept service on behalf of the corporation.

#3 SUITABLEAGE P,.E,RSON By delivering a true copy of each to a person of suitable age and discretion.

LJ Said premises is recipient's: [ ] actual place of business [ ] dwelling house (usual place of abode) within the state.

#4AFFIXING By affixing a true copy of each to the door of said premises , which is recipient's :[ ] actual place of business [ ] dwelling houseTO PYOR (place of abode ) within the state.


#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential" in an official depository under the exclusive care

and custody of the United States Post Office in the State of New Yoiq and Certified Mail A

#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height: 5' 4" - 5' 8"

(use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features:

#7 WITqFEES the authorized witness fee and I or traveling expenses were paid (tendered ) to the recipient.


#9 USE IN NYCCIVIL COURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es).q

#10 OTHER

Sworn to before me on // September 25, 2007

WhXDY RESNICKNOTARY FYJ BLIC, State of New York

No.01 RE5067464, Westchester CountyCommission Expires Oct.15, 2010

Daniel Knight

Server's Lic #

Invoice/'Work Order # 07023962

SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.sAv-oNpRocEss.com

Case 2:07-cv-02661-NGG-ETB Document 7 Filed 10/04/2007 of 21

®AO 441 (Rev. 8/01) Third Partv Summons in a Civil Action

RETURN OF SERVICE

Service of the Summons and complaint was made by me( ')DATE

c7 CP° C00i

N ME OF SERVER

fh'l ^L ,,q c h .r" T^v^s ss 5 ^ .-

Check one box below to i dicate a ro riate method o service

(4^ /twServed personally upon the third -party defendant . Place where served : 023 ^ o

^s c4ce

q Left copies thereof at the third-party defendant 's dwelling house or usual place of abode with a person of suitable age anddiscretion then residing therein.

Name of person with whom the summons and complaint were left:

q Returned unexeeuted:

q Other (specify):

STATEMENT OF SERVICE FEESTRAVEL SERVICES TOTAL

$C ►.00

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Service Fees is a and correct.

i

Executed onto Signatur fServer f}d1L4iL l

PESNICKNotary u jic te.Y^ oi" IF is 4' c" , Address of Server

Qua, ledcomf nissi= LXpICws Oct. L ^ (

(1) As to who may serve a summons see Rule 4 of the Federal Rules of Civil Procedure.


INDEX # : 2:07-CV-02661 ( NGG)(ETB)Date Filed:


DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintifj) -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICEDaniel Knight , being duly sworn deposes and says : Deponent is not a party herein , is over 18 years


at 223-225 HIGHLAND PARKWAY, ROSELLE, NJ 07203


, deponent served the within


#1 INDMDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.




#4AFFIXINGTO DOOR

By affixing a true copy of each to the door of said premises, which is recipient's:[ ] actual place of business [ ] dwelling house(place of abode) within the state.


#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential " in an official depository under the exclusive care


#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height: 5' 4" - 5'8"

(use with #1, 2 or 3) Weight: 161 - 200 Lbs Other Features:


#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the Stateq of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform.

#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900.2 (e), (f) & (h) was set forth on the fact of said summons (es).

#10 OTHER

Sworn to before me on September 25, 2007

vvc1wuT .Mr_0v1t.1n Daniel Knight l 1-;111NOTARY PUBLIC, State of New York

No.01 RE5067464, Westchester County Server's Lic #Commission Expires Oct. 15 , 2010 Invoice/Work Order # 07023949




UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT : EASTERN DISTRICT OF NEW YORKAttorneys: Cozen , O'connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:



DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK , SS.: AFFIDAVIT OF SERVICEDaniel Knight , being duly sworn deposes and says : Deponent is not a party herein, is over 18 years


at 223-225 HIGHLAND PARKWAY, ROSELLE , NJ 07203 , deponent served the within


on: WORLD SPICE INC. , Defendant therein named.


#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally, deponent knew the person so served® to be the MANAGING AGENT of the corporation , and authorized to accept service on behalf of the corporation.

#3 SUITABLEAGE MRSON By delivering a true copy of each to a person of suitable age and discretion.


#4AFFIXING By affixing a true copy of each to the door of said premises, which is recipient's : [ ] actual place of business [ ] dwelling houseTO PYOR (place of abode ) within the state.


#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential " in an official depositorv under the exclusive care



tune with a1, 2 or 3) Weight: 161 - 200 Lbs. Other Features:



#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es).

#10 OTHER

Sworn to before me on i September 25, 2007

NU I/AMT es^^u, otate or New TorKDaniel Kniaht

No.01 RE506 464, Westchester County Server 's LIc #Commission Expires Oct. 15 , 2010 InvoiceMork Order # 07023949

SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431- 9485 www.sAv-oNpRocEss.comr


%AO 441 (Rev. 8/01) Third Party Summons in a Civil Actio

RETURN OF SERVICE

Service of the Summons and com plaint was made b me°)YDATE

S r d q, d-O 07 (S)

NE OF SERVER0 M (C^iL

TIT JP,

Check one box below t indicate appropriate method o service

0' Served personall upon the third-party defendant Place where served: 2-• 3 " Ty .

q Left copies thereof at the third-party defendant's dwelling house or usual place of abode with a person of suitable age anddiscretion then residing therein.


q Returned unexecuted:

q Other (specify):


$0.00


I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Service s is true and c ect.

Executed on J c^ S 6^ 7D e Signature of Server ^t r /t (^ /L 7-

^S i TaU

AN C,,Notary PYork Address of erver

;7A64,^RQualified in kve-tci;estc,r Co ^t

Commission Expires Oct. 15,



INDEX # : 2:07-CV-02661(NGG)(ETB)Date Filed:

UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'Connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintif,) -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation(defendant)


DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK , SS.: AFFIDAVIT OF SERVICEDaniel Knight

of age and resides in New York State. On

at

on:

_, being duly sworn deposes and says : Deponent is not a party herein , is over 18 yearsSeptember 24, 2007 at 4:40PM ,

223-225 HIGHLAND PARKWAY, ROSELLE, 1 NJ 07203 , deponent served the withinThird Party Summons in a Civil Action & Third Party Complaint

VAN DE VRIES TRADING CORP. d/b/a ATLANTIC QUALITY SPICE & SEASONINGS Defendant therein named.

#1 INDIVIDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personu therein.

#2CORPORATION By delivering thereat a true copy of each to BELL.A LOWY personally, deponent knew the person so served® to be the MANAGING A NT of the corporation and authorized to accept service on behalf of the cor oration#3 SUITABLEAGE MRSON By delivering a true copy of each to a person of suitable age and discretion.

Said remises' ' t' 1 1is reci i n t f b

#4AFFIXINGTO DOOR

p e s. [ ] ac ua p ace oV usiness [ ] dwelling house (usual place of abode) within the state.

By affixing a true copy of each to the door of said premises, which is recipient's: [ ] actual place of business [ ] dwelling house(place of abode) within the state.

Deponent was unable , with due diligence to find recipient or a person of suitable age and discretion , having called thereaton the day of aton the day of aton the day of atAddress confirmed by

#5MAIL COPY On deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential" in an official depository under the exclusive care

and custody of the United States Post Office in the State of New YoIq and Certified Mail t

#6 DESCRIPTION A description of the Defendant , or other person served, or spoken to on behalf of the Defendant is as follows:

(use with #1, 2 or 3)Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height: 5'4" - 5' 8"Weight: 161 - 200 Lbs. Other Features:




#10 OTHER

Sworn to before me on / September 25, 2007

DY RESNOTARU( PUBLIC, State

No.01 RE5067464, Westchester CountyCommission Expires Oct. 15, 2010

Daniel Knight

Server's Lic #

InvoiceMork Order # 07023944



INDEX # : 2:07-CV-02661 (NGG)(ETB)Date Filed:


DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintiffs -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)




at 223-225 HIGHLAND PARKWAY, ROSELLE, 1NJ 07203



on: VAN DE VRIES TRADING CORP. d/b/a ATLANTIC QUALITY SPICE & SEASONINGSDefendant therein named.

#1 IND,LVJ, DUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.


#3 SUITABLEAGE PnRSON By delivering a true copy of each to a person of suitable age and discretion.


#4AFFIXINGTO DOOR




and custody of the United States Post Office in the State of New Yolq and Certified Mail A





#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900 . 2 (e), (f) & (h ) was set forth on the fact of said summons (es).

#10 OTHER


VVDRLJT MMONR r, M--;..1 1l.. ^..HL

NOTARY PUBLIC, State of New YorkNo.01 RE5067464, Westchester County Server's LIc #

ommissC E ' O t15 2010oni xI,res c. ,InvoiceMorkOrder# 07023944



%AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

RETURN OF SERVICE

Service of the Summons and complaint was made by me")DATE

V /L^ C17

NAME OF SE VER

D1,K► Lf-L ^^ c TTIT1,4

Iliuc£5_5Check one box below to indicate a ro iate method o service

Served personally upon the third -party defendant . Place where served :

q Left copies thereof at the third -party defendant 's dwelling house or usual place of abode with a person of suitable age anddiscretion then residing therein.



q Other (specify):



I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Service Fees is true and correct.

Executed on , -r,oP ,1^P-o 07 aDate Signature of Server 1 ^C ^rvt- 7

^ c •f^ E^_SNICI<.

Plotar^ of Ik ..,v ^'oric (J f-S i-rz) A;±<? C„7, Address of Server

,gymrission rx iras Oct. 1



INDEX #: 2:07-CV-02661 (NGG)(ETB)T

Date Filed:UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN , an infant (plaintif,) -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation(defendant)


ROBERTS AMERICAN GO URMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTYDEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICEDaniel Knight , being duly sworn deposes and says: Deponent is not a party herein , is over 18 years


at 223-225 E. HIGHLAND PARKWAY, ROSELLE, NJ

Third Party Summons in a Civil Action & Third Party Complaint, deponent served the within

on: ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES TRADING Defendant therein named.



#3 SUITABLEAGE PnRSON By delivering a true copy of each to a person of suitable age and discretion.


#4AFFIXINGTO JaOOR



#5MAIL COPY On deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential" in an official depository under the exclusive care

and custody of the United States Post Office in the State of New Yor q and Certified Mail t

#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height: 64" - 5' 8"





#10 OTHER


NOTAR 'PUBLIC, State of New York - °"No.01 RE5067464 , Westchester County Server's Lic #

Commission Ex ires Oct 15 2010VInvoiceMork Order # 07023932



tINDEX # : 2:07-CV-02661(NGG)(ETB)

Date Filed:


DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintiff -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)




at 223-225 E. HIGHLAND PARKWAY, ROSELLE, NJ



on: ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES TRADING Defendant therein named.

#1 IND,LVIDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.

#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally, deponent knew the person so served® to be the MANAGING AGENT of the corporation, and authorized to accept service on behalf of the corporation.

#3 SUITABLEr SONAGE P,_E,RSON By delivering a true copy of each to a person of suitable age and discretion.

premises is recipient's: [ ] actual place of business [ ] dwelling house ( usual place of abode) within the state.

#4AFFIXINGTO DOOR




and custody of the United States Post Office in the State of New Yoi q and Certified Mail 4


(use with #t, 2 or 3) Weight: 161 - 200 Lbs. Other Features:




#10 OTHER


DY R SNICK J^lDaniel Knig

NOTARYPUBLIC, S orkNo.01 RES067464, Westchester County Server's Llc #

Commission Expires Oct.15 , 2010 Invoice/Work Order # 07023932

SPS-401 BVAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.sAv-oNFRocEss.comr


.;


RETURN OF SERVICE

Service of the Summons and com plaint was made by me(') DAX T. D?4 (-D C)7 ^ ^60 1^N ME OF SERVER

AAtIF4TITL

eocisS 5:,- <J£^vCheck one box below to indicate appropriate method o service

/R Served personally upon the third-party defendant . Place where served : 7o _a as C'^

R &S^(-t3 ^ ^j -




q Other (specify):


$0.00


I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Service F s s true and correct.

Executed on t o2, 6Date Signature of Server C 14

<,Notary

iQualifi

CornmiS ^ct. " Address of Serveronl Expi res




NEW YORK Court Date:COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintif) -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)




at 223-225 HIGHLAND PARKWAY, ROSELLE, NJ



on: VAN DE VRIES SPICE CORPORATION Defendant therein named.


#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally , deponent knew the person so served® to be the MANAGING AGENT of the corporation, and authorized to accept service on behalf of the corporation.


Said premises is recipient ' s: [ ] actual place of business [ ] dwelling house (usual place of abode) within the state.

#4AFFIXING By affixing a true copy of each to the door of said premises , which is recipient 's: [ ] actual place of business [ ] dwelling houseTO PYOR (place of abode) within the state.


#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1 st Class postpaid properly addressed envelope marked " Personal and Confidential" in an official depository under the exclusive care


#6 DESCRIPTION A description of the Defendant , or other person served , or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin: White Color of hair: Gray Age : 61- 70 Yrs Height : 5' 4" - 5' 8"

(use with #1 , 2 or 3) Weight : 161 - 200 Lbs. Other Features:



#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900. 2 (e), (f) & (h) was set forth on the fact of said summons (es).

#10 OTHER

Sworn to before me on /September 25, 2007

NOTARY PUP/1C, State of New YorkNo.01 RE5067 64, Westchester County Server's I-IC #

Commission E 0 t 15 2010x ires op . ,Invoice/WorkOrder# 07023895

SPS-401 B'WAY- STE.1201, NY, NY 10013, Pm 212-226-3322, FAx 212-431-9485 www.sAV-oNPRocEss. com


INDEX # : 2:07-CV-02661 (NGG)(ETB)Date Filed:

NEW YORK Court Date:COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:



DEFENDANT)




at 223-225 HIGHLAND PARKWAY, ROSELLE, NJ deponent served the within


on: VAN DE VRIES SPICE CORPORATION Defendant therein named.

#1 INDMDUAL By delivering a true copy of each to said recipient personally; deponent knew the person served to be the person described as said person^J therein.


#3 SUITABLEAGE P,.E,RSON By delivering a true copy of each to a person of suitable age and discretion.

LJ Said remises is reci ient 's: [ ]actual lace of business llind h l l f b d ithi th tp p p

#4AFFIXINGTO DOO R

we g] ouse (usua p ace o a o e) w n e sta e.



#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked "Personal and Confidential " in an official depository under the exclusive care

and custody of the United States Post Office in the State of New Yor q and Certified Mail A

#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows:Sex: Male Color of skin: White Color of hair: Gray Age: 61- 70 Yrs Height: 5' 4" - 5' 8"

(use with tit , 2 or 3) Weight: 161 - 200 Lbs. Other Features:



#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900. 2 (e), (f) & (h ) was set forth on the fact of said summons (es).

#10 OTHER


Vvtrvurc G V_Z>NIt FI D i l K i htan e n a

No.01 RE50674614, Westchester County Server's Lic #Commission Expires Oct. 15, 2010 invoice/Work Order # 07023895

rvu ltAm ruo , aisle OI rv

SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.sAv-oNPRocEss.com



RETURN OF SERVICE

Service of the Summons and com p laint was made b me° )DATE L^

N E OF SERVER^9'

TITLEn"R

Check one box below to i icate appropriate method o service

q Served personally upon the third-party defendant . Place where served :,&,0sod^ .d,




q Other (specify):



I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Service F s true and co t.

Executed on .2 dt^ 7 ,Date Signature of Server /+0 G 0C.

Notar Pu

Commission ,:!Address of Server



INDEX # : 2:07-CV-02661(NGG)(ETB)Date Filed:


DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintif,) -VS- ROBERT 'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTYDEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICEDaniel Knight being duly sworn deposes and says : Deponent is not a party herein, is over 18 years




on: VAN DE VRIES FOOD CORP ., d/b/a ATLANTIC QUALITY SPICE & SEASONINGS , , Defendant therein named.

#1 INDMDUAL By delivering a true copy of each to said recipient personally; deponent knew the person served to be the person described as said personLJ therein.



LJ Said premises is recipient's : [ ] actual place of business [ ] dwelling house (usual place of abode ) within the state.

#4AFFIXINGTO DOOR

By affixing a true copy of each to the door of said premises , which is recipient's: [ ] actual place of business [ ] dwelling house(place of abode) within the state.


#5MAIL COPY On deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked " Personal and Confidential" in an official depository under the exclusive care

and custody of the United States Post Office in the State of New Yor q and Certified Mail t



#7 WITqFEES the authorized witness fee and / or traveling expenses were paid (tendered) to the recipient.


#9 USE IN NYCCIVILqCOURT The language required by NYCRR 2900. 2 (e), (f) & (h ) was set forth on the fact of said summons (es).

#10 OTHER

Sworn to before me on leptember 25. 2007

WENOWRESNIQK M--.:.-i

No.01RE5067, Westchester County Server's LIc #Commission Expires Oct. 15, 2010

Invoice/Work Order # 07023948

SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.SAV-ONPROCESS.COM

Ely. , tate oNOTARY PU C S '.••.




DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintifn - VS- ROBERT 'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)

VS Plaintiff(s)/Petitioner(s)ROBERTS AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY

DEFENDANT)





Third Party Summons in a Civil Action & Third Party Complaint, deponent served the within

on: VAN DE VRIES FOOD CORP., d/b/a ATLANTIC QUALITY SPICE & SEASONINGS, Defendant therein named.

#1 IND,LVJDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.

#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally , deponent knew the person so served® to be the MANAGIN A NT of the corporation, and authorized to accept service on behalf of the corporation.


LJ Said premises is recipient's : [ ] actual place of business [ ] dwelling house (usual place of abode) within the state.

#4AFFIXINGTO DOOR



#5MAIL COPY On deponent completed service by depositing a true copy of each document to the above addressq in a 1 st Class postpaid properly addressed envelope marked "Personal and Confidential" in an official depositorv under the exclusive care

and custody of the United States Post Office in the State of New Yoi q and Certified Mail A


(use with #1, 2 or 3) Weight: 161 - 200 Lbs Other Features:




#10 OTHER

WENDY E CK Daniel KnightNOTARY PUBLI ate of New York

No.01 RE5067464 estchester County Server's Lic #Commission pires Oct. 15, 2010


SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 WWW.SAV-ONPROCESS.COM


®AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

RETURN OF SERVICE

Service of the Summons and complaint was made by met' )DATE

^^' 7AGO -7 7

NA[t

OP,^R^ _6 C _T_LE

Check one box below to indica appropriate method o service

V Served personally upon the third -party defendant . Place where served :205 ' ei

q Left copies thereof at the third-party defendant 's dwelling house or usual place of abode with a person of suitable age anddiscretion then residing therein.



q Other (specify):


$0.00


I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement of Servi es is true and correct.

Executed on S. a'C) a -7

Date *nature of Server

^ c C^^s wn A),Y RESN11< O 8^ ,;Notary ublic 11 21t'-- Address of Server

No. 0-Qua llFied it

vC JCommission txpire; c .... ---



}

INDEX # : 2:07-CV-02661 (NGG)(ETB)

Date Filed:


DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintif) -VS- ROBERT 'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICE

Daniel Knight , being duly sworn deposes and says: Deponent is not a party herein, is over 18 years




on: ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES FOOD CORP .I Defendant therein named.

#1 INDMDUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said person_ therein.



Said premises is recipient's : [ ] actual place of business [ I dwelling house (usual place of abode ) within the state.

#4AFFIXINGTO DI DOR




and custody of the United States Post Office in the State of New Yorq and Certified Mail A

#6 DESCRIPTION A description of the Defendant , or other person served, or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin : White Color of hair: Gray Age : 61- 70 Yrs Height : 64" - 5' 8"

(use with #1, 2 or 3) Weight : 161 - 200 Lbs . Other Features:



#9 USE IN NYCCIVIL COURT The language required by NYCRR 2900. 2 (e), (f) & (h) was set forth on the fact of said summons (es).q

#10 OTHER

ggSworn to before me on September 25, 2007

WEND/ RESNICKNOTARY PU IC, State of New York

No.01RE5067464 , Westchester CountyCommission Expires Oct . 15, 2010

Daniel Knight

Server's Lic #


SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.sAv-oNPRocEss.coM



UNITED STATES DISTRICT COURT Court Date:COUNTY OF DISTRICT : EASTERN DISTRICT OF NEW YORKAttorneys: Cozen, O'Connor, P.C. PH: 212-453-3830Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022 File No.:

DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem forXAVIER ALLEN, an infant (plaintiff -VS- ROBERT'S AMERICAN GOURMETFOOD, INC., a domestic corporation (defendant)


DEFENDANT)


STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: AFFIDAVIT OF SERVICEDaniel Knight , being duly sworn deposes and says: Deponent is not a party herein, is over 18 years





on: ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES FOOD CORP .Defendant therein named.

#1 IND,LV:► DUAL By delivering a true copy of each to said recipient personally ; deponent knew the person served to be the person described as said personLJ therein.

#2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally, deponent knew the person so servedIt to be the MANAGING AGENT of the corporation , and authorized to accept service on behalf of the corporation.

#3 SUITABLEAGE P,E,RSON By delivering a true copy of each to a person of suitable age and discretion.

LJ Said remises is reci ient's: [ ]actual lace of business ] dwellin house (usual lace of abod ithi th t tp p p

#4AFFIXINGTO DOOR

g p e) w n e s a e.



#5MAIL COPY On , deponent completed service by depositing a true copy of each document to the above addressq in a 1st Class postpaid properly addressed envelope marked " Personal and Confidential " in an official depository under the exclusive care

and custody of the United States Post Office in the State of New YOIq and Certified Mail t

#6 DESCRIPTION A description of the Defendant , or other person served , or spoken to on behalf of the Defendant is as follows:® Sex: Male Color of skin: White Color of hair: Gray Age: 61 - 70 Yrs Height : 5' 4" -.5- 8"

(Use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features:




#10 OTHER

vvcrvupncarviurt D i l K i htan n geNOTARY PUBL , State of New York

No.01 RE50674 , Westchester County Server's LIC #Commission Expires Oct. 15. 2010


SPS-401 B'WAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx 212-431-9485 www.sAv-oNpRocEss.coM


I


RETURN OF SERVICE

Service of the Summons and comp laint was made b me"^DATE ^j

NAIvLE OiVE^^ TITLE

Check one box below to indicate appropriate method o service

®' Served personally upon the third-party defendant. Place where served: â 3 - a^ i` h (̂̂ ^

q Left copies thereof at the third-party defendant's dwelling house or usual place of abode with a person of suitable age anddiscretion then residing therein.



q Other (specify):


$0.00


I declare under penalty of perjury under the laws of the United States of America that the foregoing informationcontained in the Return of Service and Statement

Executed on z::Z?Da Signature of Server (^j^ t t C_ t/.^J

gPESMCK

Slate C' Cde N 6oC4Notary § ip ^ ? L^ ^ S Tr7?^ ul ^ /^No. 01 7 C'" :.

i"ti^24$iE. i ,:'•i^=;;>%..;h^f ..`,a i.;^t''"`^ Address of Server

vu^l1irîSî0P1 ivriGH't,^ VCY.



ss.: affidavit of service - justia... · n sex: male color of skin: white color of hair: gray age:...

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