Allen et al v. Robert's American Gourmet Food, Inc.

Filing 7

SUMMONS Returned Executed by Robert's American Gourmet Food, Inc.. VAN DE VRIES SPICE CORPORATION served on 9/24/2007, answer due 10/15/2007; ATLANTIC QUALITY SPICE & SEANSONINGS, a division of Van de Vries Trading Corp. served on 9/24/2007, answer due 10/15/2007; VAN DE VRIES TRADING CORP., d/b/a Atlantic Quality Spice and Seasonings served on 9/24/2007, answer due 10/15/2007; Atlantic Quality Spice & Seasonings, a division of Van deVries Food Corp., served on 9/24/2007, answer due 10/15/2007; VAN DE VRIES FOOD CORP., d/b/a Atlantic Quaikty Spice & Seasonings served on 9/24/2007, answer due 10/15/2007; WORLD SPICE INC. served on 9/24/2007, answer due 10/15/2007. (Fama, Richard)

Allen et al v. Robert's American Gourmet Food, Inc.

Doc. 7

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007

INDEX #: Date Filed:

Page 1 of 21

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

Court Date:

COUNTY OF DISTRICT : EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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

STATE OF NEW YORK, COUNTY OF NEW YORK, Daniel Knight of age and resides in New York State. On
at

SS.:
at 4:40PM

AFFIDAVIT OF SERVICE

, being duly sworn deposes and says: Deponent is not a party herein , is over 18 years September 24, 2007
223-225 HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third 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 person LJ therein. #2CORPORATION By delivering thereat a true copy of each to BELLA LOWY personally, deponent knew the person so served N to be the MANAGING AGENT of the corporation , and authorized to accept service on behalf of the corporation. #3 SUITABLE AGE 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 TO P-?OR By affixing a true copy of each to the door of said premises , which is recipient's:[ ( place of abode ) within the state. ] actual place of business [ ] dwelling house

Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address 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 u 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 Gray Color of hair: 61- 70 Yrs Age: (use with #1 , 2 or 3) Weight: 161 - 200 Lbs Other Features: #7 WIT FEES the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient. u

Height :

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVIL 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 York No.01 RE5067464, Westchester County Commission Ex, ires 0ot . 15 2010 F

Server's Lic #

'

Invoice/WorkOrder# 07023962

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

Dockets.Justia.com

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007 Page02-CV-021 1 ( NGG)(ETB) of 266 INDEX #: 2: 7
Date Filed:

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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) FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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

STATE OF NEW YORK, COUNTY OF NEW YORK , Daniel Knight of age and resides in New York State. On
at

SS.:
at 4:40PM

AFFIDAVIT OF SERVICE

being duly sworn deposes and says: Deponent is not a party herein, is over 18 years September 24, 2007
223-225 HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
WORLD SPICE INC.

on:

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 person LJ therein. #2CORPORATION By delivering thereat a true copy of each to ® MANAGING AGENT to be the #3 SUITABLE AGE P.E,RSON By delivering a true copy of each to , LJ Said premises is recipient's: [ ] actual place of business BELLA LOWY personally , deponent knew the person so served of the corporation , and authorized to accept service on behalf of the corporation. a person of suitable age and discretion. ] dwelling house (usual place of abode) within the state. ] actual place of business [ ] dwelling house

[

#4AFFIXING By affixing a true copy of each to the door of said premises , which is recipient's :[ TO PYOR ( 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 thereat on the at day of on the day of at on the at day of Address confirmed by #5MAIL COPY u , deponent completed service by depositing a true copy of each document to the above address On 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 Yoiu 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: ® Male Gray 61- 70 Yrs Sex: White Color of hair: Age: Color of skin: (use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and I or traveling expenses were paid (tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. u #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on // September 25, 2007

WhXDY RESNICK NOTARY FYJ BLIC, State of New York No.01 RE5067464, Westchester County Commission 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 [phone] www.sAv-oNpRocEss.com

Case 2:07-cv-02661-NGG-ETB
®AO 441 (Rev. 8/01) Third Partv Summons in a Civil Action

Document 7

Filed 10/04/2007

Page 3 of 21

RETURN OF SERVICE
Service of the Summons and complaint was made by me( ')
N ME OF SERVER DAT E T

i

c7

CP° C00

.r" fh'l ^L ,,q c h

^v^s ss

5 ^ .^ (4^ /tw o

Check one box below to i dicate a ro riate method o service
Served personally upon the third - party defendant . Place where served : 023

^s c4ce

u Left copies thereof at the third-party defendant ' s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexeeuted:

u Other ( specify):

STATEMENT OF SERVICE FEES
TRAVEL 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 information a and correct. contained in the Return of Service and Statement of Service Fees is
i

Executed on
to Signatur fServer f}d1L4iL l

PESNICK
Notary u jic te.Y^ oi" IF is 4' c" , Address of Server Qua, led com nissi= LXpICws Oct. L f

^(

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007 Page 4 of 21 ( NGG)(ETB) INDEX # : 2:07-CV-02661
Date Filed:

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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 (plaintifj) FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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

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
of age and resides in New York State. On at September 24, 2007 at 4:40PM 223-225 HIGHLAND PARKWAY, ROSELLE, NJ 07203

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint on:

WORLD SPICE INC.

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 LJ 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 SUITABLE AGE 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 TO 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. Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address 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 Yoiu 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: ® Male Sex: Color of skin: White Color of hair: Gray Age: 61- 70 Yrs (use with #1, 2 or 3) Weight: 161 - 200 Lbs Other Features: u #7 WIT FEES the authorized witness fee and I or traveling expenses were paid (tendered ) to the recipient.

Height:

5' 4" - 5'8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900.2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

September 25, 2007

vvc1wuT .Mr_0v1t.1n
NOTARY PUBLIC, State of New York No.01 RE5067464, Westchester County Commission Expires Oct. 15 , 2010

Daniel Knight l
Server's Lic #

1-;111

Invoice/Work Order # 07023949

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007 Page 5 of 21 ( NGG)(ETB) INDEX # : 2:07-CV-02661
Date Filed:

Court Date:
DISTRICT : EASTERN DISTRICT OF NEW YORK File No.:
-VS- ROBERT'S AMERICAN GOURMET

COUNTY OF Attorneys: Cozen , O'connor, P.C. PH: 212-453-3830 Address: 909 3RD AVE, 17TH FLOOR NEW YORK NY 10022

DAVID ALLEN and ASHLEE ALLEN, Individually and as Guardians ad Litem for XAVIER ALLEN, an infant (plaintifj) FOOD, INC., a domestic corporation (defendant)

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

STATE OF NEW YORK, COUNTY OF NEW YORK , Daniel Knight of age and resides in New York State. On
at

SS.:
at 4:40PM

AFFIDAVIT OF SERVICE

, being duly sworn deposes and says : Deponent is not a party herein, is over 18 years September 24, 2007
223-225 HIGHLAND PARKWAY, ROSELLE , NJ 07203

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint on:

WORLD SPICE INC.

,

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 LJ 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 SUITABLE AGE MRSON 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 : [ TO PYOR ( place of abode ) within the state. ] actual place of business [ ] dwelling house

Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address in a 1st 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 u 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 Gray Color of hair: Age: 61- 70 Yrs tune with a1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. u #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

i September 25, 2007

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

No.01 RE506 464, Westchester County Commission Expires Oct. 15 , 2010

Server 's LIc #
InvoiceMork Order # 07023949

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

Case 2:07-cv-02661-NGG-ETB
%AO 441 (Rev. 8/01) Third Party Summons in a Civil Actio

Document 7

Filed 10/04/2007

Page 6 of 21

RETURN OF SERVICE
DATE

Service of the Summons and com p laint was made b me°) Y

S

r d q, d-O 07

(S)

NE OF SERVER 0 M (C^iL Check one box below t indicate appropriate method o service

TIT JP,

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

T

u Left copies thereof at the third-party defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

u Other (specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES

TOTAL

$0.00

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service s is true and c ect. Executed on J c^ S
De

6^ 7
Signature of Server ^t r /t (^ /L 7-

Notary PYork NA;7A64 C,, ,^R Qualified in kve-tci;estc,r Co ^t Commission Expires Oct. 15,

^S i TaU
Address of erver

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007

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

Page 7 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 GOURMET FOOD, 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) Defendant (s)/Respondent(s)

STATE OF NEW YORK, COUNTY OF NEW YORK , Daniel Knight

SS.:

AFFIDAVIT OF SERVICE

_, 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, 1 NJ 07203 Third Party Summons in a Civil Action & Third Party Complaint
VAN DE VRIES TRADING CORP. d/b/a ATLANTIC QUALITY SPICE & SEASONINGS

, deponent served the within

on:

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 person u 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 SUITABLE AGE MRSON By delivering a true copy of each to a person of suitable age and discretion. Said V remises'is reci p 'i e n t' s. [ ] act ua1 p 1ace o f b usiness [ ] dwelling house (usual place of abode) within the state. #4AFFIXING TO 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. Deponent was unable , with due diligence to find recipient or a person of suitable age and discretion , having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On deponent completed service by depositing a true copy of each document to the above address 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 YoIu 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: Male Sex: Color of skin: White Color of hair: Gray Age: 61- 70 Yrs (use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES the authorized witness fee and / or traveling expenses were paid ( tendered ) to the recipient. u

Height:

5'4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900.2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on /

September 25, 2007

DY RES NOTARU( PUBLIC, State No.01 RE5067464, Westchester County Commission Expires Oct. 15, 2010

Daniel Knight Server's Lic #

InvoiceMork Order # 07023944

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007 Page 8 of 21 ( NGG)(ETB) INDEX # : 2:07-CV-02661
Date Filed:

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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 (plaintiffs -VS- ROBERT'S AMERICAN GOURMET FOOD, INC., a domestic corporation (defendant)
Plaintiff(s)/Petitioner(s) VS ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY DEFENDANT) Defendant (s)/Respondent(s)

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
of age and resides in New York State. On at September 24, 2007 at 4:40PM 223-225 HIGHLAND PARKWAY, ROSELLE, 1NJ 07203

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
VAN DE VRIES TRADING CORP. d/b/a ATLANTIC QUALITY SPICE & SEASONINGS

on:

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 person LJ therein. #2CORPORATION By delivering thereat a true copy of each to ® to be the MANAGING AGENT BELLA LOWY personally, deponent knew the person so served of the corporation , and authorized to accept service on behalf of the corporation. a person of suitable age and discretion. ] dwelling house ( usual place of abode ) within the state.

#3 SUITABLE AGE PnRSON By delivering a true copy of each to Said premises is recipient's : [ ] actual place of business #4AFFIXING TO 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. Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by

#5MAIL COPY u

On , deponent completed service by depositing a true copy of each document to the above address 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 Yol u 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 White Color of skin: Color of hair: Gray Age: 61- 70 Yrs (use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid ( tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h ) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

September 25, 2007

VVDRLJT MMONR r,

M--;..1 1l.. ^..HL

NOTARY PUBLIC, State of New York

No.01 RE5067464, Westchester County C ommiss i on ExI,reO t15 ,2010 ' s c.

Server's LIc #

InvoiceMorkOrder# 07023944

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

Case 2:07-cv-02661-NGG-ETB
%AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

Document 7

Filed 10/04/2007

Page 9 of 21

RETURN OF SERVICE
Service of the Summons and complaint was made by me")
NAME OF SE VER DATE

^ C17 L
V/

Check one box below to indicate a ro iate method o service Served personally upon the third - party defendant. Place where served: u Left copies thereof at the third-party defendant' s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

D1,K^ Lf-L

TIT 1,4

^^ c

T

Iliuc£5_5

u Other (specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service Fees is true and correct.
Executed on , a
Signature of Server 1 ^C ^rvt7

-r,oP ,1^P-o 07
Date

^ c ·f^ Plotar^
, ;±<?

E^_SNICI<.
C,,7

of Ik ..,v ^'oric
Address of Server

(J f-S i-rz)

A

,gymrission rx iras Oct. 1

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

Case 2:07-cv-02661-NGG-ETB
T

Document 7

Filed 10/04/2007

Page 10 of 21

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

Date Filed: UNITED STATES DISTRICT COURT Court Date: COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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,) FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

Plaintiff(s)/Petitioner(s) ROBERTS AMERICAN GO URMENT FOOD, INC. (DEFENDANT & 3RD PTY S V PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY DEFENDANT) Defendant (s)/Respondent(s)

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
of age and resides in New York State. On at September 24, 2007 at 4:40PM 223-225 E. HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
on: ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES TRADING

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 LJ 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 SUITABLE AGE PnRSON 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 TO JaOOR 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 thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On deponent completed service by depositing a true copy of each document to the above address 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 u 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 (use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and I or traveling expenses were paid (tendered ) to the recipient.

Height:

64" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

September 25, 2007

NOTAR 'PUBLIC, State of New York No.01 RE5067464 , Westchester County Commission Ex ires Oct 15 2010 V

°" Server's Lic #

InvoiceMork Order # 07023932

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

t

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007

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

Page 11 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 (plaintiff FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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

STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Daniel Knight
of age and resides in New York State. On at

AFFIDAVIT OF SERVICE , being duly sworn deposes and says : Deponent is not a party herein , is over 18 years
at 4:40PM

September 24, 2007

223-225 E. HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES TRADING

on:

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 person LJ 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 SUITABLE AGE P_SONN By delivering a true copy of each to r E,RSO , a person of suitable age and discretion. premises is recipient' s: [ ] actual place of business [ ] dwelling house ( usual place of abode) within the state. #4AFFIXING TO 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. Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address 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 Yoi u and Certified Mail 4

#6 DESCRIPTION A description of the Defendant, or other person served, or spoken to on behalf of the Defendant is as follows: ® Male Sex: White Color of skin: Color of hair: Gray 61- 70 Yrs Age: (use with #t, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and I or traveling expenses were paid ( tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900.2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

September 25, 2007

DY R SNICK
NOTARYPUBLIC, S ork No.01 RES067464, Westchester County Commission Expires Oct.15 , 2010

J^l

Daniel Knig
Server's Llc #

Invoice/Work Order # 07023932

SPS-401 BVAY- STE.1201, NY, NY 10013, PH 212-226-3322, FAx [phone] www.sAv-oNFRocEss.comr

Case 2:07-cv-02661-NGG-ETB
.; %AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

Document 7

Filed 10/04/2007

Page 12 of 21

RETURN OF SERVICE
Service of the Summons and com p laint was made by me(')
N ME OF SERVER

DAX
TITL

T.

D? 4

(-D C)7
5:,- <J £^v
C'^

^ ^60 1^

AAtIF4
Check one box below to indicate appropriate method o service

eocis S

/

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

7o

R &S^(-t ^ ^j -

_a as

u Left copies thereof at the third -party defendant ' s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

u Other ( specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES

TOTAL

$0.00

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Service F s s true and correct.
t

Executed on

o2,
Date

6
Signature of Server C 14

Notary

<,
Address of Server

Qualifi CornmiS ies ^ct. " o nl Expi r

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

Case 2:07-cv-02661-NGG-ETB
NEW YORK

Document 7

Filed 10/04/2007

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

Page 13 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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 ( laintif) p FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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) Defendant(s)/Respondent(s)

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
of age and resides in New York State. On at September 24, 2007 at 4:40PM 223-225 HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint 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 LJ 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 SUITABLE AGE 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: [ TO PYOR ( place of abode) within the state. ] actual place of business [ ] dwelling house

Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address in a 1 st 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 Yoi u 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 (use with #1 , 2 or 3) Weight : 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid ( tendered ) to the recipient.

Height :

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900. 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

/September 25, 2007

NOTARY PUP/1C, State of New York No.01 RE5067 64, Westchester County Commission E x p ires 0 o 15 , 2010 t.

Server's I-IC #

Invoice/WorkOrder# 07023895

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

Case 2:07-cv-02661-NGG-ETB
NEW YORK

Document 7

Filed 10/04/2007

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

Page 14 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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 (plaintifj) FOOD, INC., a domestic corporation (defendant) -VS- ROBERT'S AMERICAN GOURMET

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

STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Daniel Knight of age and resides in New York State. On
at

AFFIDAVIT OF SERVICE , being duly sworn deposes and says : Deponent is not a party herein , is over 18 years at 4:40PM
deponent served the within

September 24, 2007

223-225 HIGHLAND PARKWAY, ROSELLE, NJ Third Party Summons in a Civil Action & Third Party Complaint

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. #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 SUITABLE AGE P.E,RSON By delivering a true copy of each to , a person of suitable age and discretion. LJ Said p remises is reci p ient ' s: [ ]actual p lace of business ] d we llin g h ouse (usua l p l ace of a b o d e) w ithi n th e sta t e. #4AFFIXING TO DOO R 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 thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On , deponent completed service by depositing a true copy of each document to the above address 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 u 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 Gray Color of hair: 61- 70 Yrs Age: (use with tit , 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900. 2 (e), (f) & (h ) was set forth on the fact of said summons (es). C #10 OTHER

Sworn to before me on

September 25, 2007

Vvtrvurc G V_Z>NIt FI rvu ltAm ruo , aisle OI rv

D an i e l

K n i a ht

No.01 RE50674614, Westchester County Commission Expires Oct. 15, 2010

Server's Lic #

invoice/Work Order # 07023895

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

Case 2:07-cv-02661-NGG-ETB
%AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

Document 7

Filed 10/04/2007

Page 15 of 21

RETURN OF SERVICE
Service of the Summons and com p laint was made b me° )
N E OF SERVER R 'n " ^ 9

DATE
TITLE

L^

Check one box below to i icate appropriate method o service u Served personally upon the third-party defendant . Place where served: ,&,0sod^ .d, u Left copies thereof at the third - party defendant ' s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

u Other ( specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES TOTAL

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

Executed on

.2
Date

dt^ 7
Signature of Server

,
/+0 G 0C.

Notar Pu
Commission ,:! Address of Server

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007

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

Page 16 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 GOURMET ,) FOOD, INC., a domestic corporation (defendant)
Plaintiff(s)/Petitioner(s) VS ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY DEFENDANT) Defendant(s)/Respondent(s)

STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Daniel Knight of age and resides in New York State. On
at

AFFIDAVIT OF SERVICE being duly sworn deposes and says : Deponent is not a party herein, is over 18 years at 4:40PM
deponent served the within

September 24, 2007

223-225 HIGHLAND PARKWAY, ROSELLE, NJ Third Party Summons in a Civil Action & Third Party Complaint

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

Deponent was unable , with due diligence to find recipient or a person of suitable age and discretion , having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On deponent completed service by depositing a true copy of each document to the above address 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 u 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 (use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES the authorized witness fee and / or traveling expenses were paid ( tendered) to the recipient. u

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC C CIVILuOURT 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 NOTARY PU Ely. C, S tate o '.··.

M--.:.-i

No.01RE5067, Westchester County Commission Expires Oct. 15, 2010

Server's LIc # Invoice/Work Order # 07023948

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007

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

Page 17 of 21

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 (plaintifn FOOD, INC., a domestic corporation (defendant) - VS- ROBERT 'S AMERICAN GOURMET

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) Defendant(s)/Respondent(s)

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
of age and resides in New York State. On at September 24, 2007 at 4:40PM 223-225 HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
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 person LJ 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. #3 SUITABLE AGE M 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 TO 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. Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by #5MAIL COPY u On deponent completed service by depositing a true copy of each document to the above address 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 u 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 (use with #1, 2 or 3) Weight: 161 - 200 Lbs Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient.

Height:

5' 4" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

WENDY E CK
NOTARY PUBLI No.01 RE5067464 ate of New York estchester County

Daniel Knight
Server's Lic #

Commission

pires Oct. 15, 2010

Invoice/Work Order # 07023948

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

Case 2:07-cv-02661-NGG-ETB
®AO 441 (Rev. 8/01) Third Party Summons in a Civil Action

Document 7

Filed 10/04/2007

Page 18 of 21

RETURN OF SERVICE
Service of the Summons and complaint was made by met' )
NA[t OP,^R^ _6 C _T_ DATE ^^' LE 7 AGO -7 7

Check one box below to indica appropriate method o service V Served personally upon the third - party defendant . Place where served :

205 ' ei

u Left copies thereof at the third-party defendant ' s dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

u Other ( specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES

TOTAL

$0.00

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement of Servi es is true and correct.
S.
Date

Executed on

a'C) a -7
*nature of Server

Y
Notary ublic
No. 0Qua llFied it

11 '

RESN11<
21t --

;
vC ---

O 8^ ,^ c
Address of Server

C^^s

wn A),

Commission txpire; c ....

J

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

}

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007NDEX # : 2:07-CV-02661 ( NGG)(ETB) Page 19 of 21 I
Date Filed:

Court Date:

COUNTY OF DISTRICT: EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'connor, P.C. PH: 212-453-3830 Address: 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) FOOD, INC., a domestic corporation (defendant) -VS- ROBERT 'S AMERICAN GOURMET

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

STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Daniel Knight of age and resides in New York State. On
at

AFFIDAVIT OF SERVICE , being duly sworn deposes and says: Deponent is not a party herein, is over 18 years at 4:40PM
deponent served the within

September 24, 2007

223-225 HIGHLAND PARKWAY, ROSELLE, NJ Third Party Summons in a Civil Action & Third Party Complaint

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. #2CORPORATION By delivering thereat a true copy of each to ® to be the MANAGING AGENT BELLA LOWY personally, deponent knew the person so served of the corporation , and authorized to accept service on behalf of the corporation. a person of suitable age and discretion. I dwelling house ( usual place of abode ) within the state.

#3 SUITABLE AGE nRSON By delivering a true copy of each to Said premises is recipient's : [ ] actual place of business #4AFFIXING TO DI DOR

[

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 thereat on the day of at on the day of at on the day of at Address confirmed by

#5MAIL COPY u

On , deponent completed service by depositing a true copy of each document to the above address 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 u 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 White Color of skin : Color of hair: Gray 61- 70 Yrs Age : (use with #1, 2 or 3) Weight : 161 - 200 Lbs . Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid ( tendered ) to the recipient.

Height :

64" - 5' 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not. Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900. 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER gg

Sworn to before me on

September 25, 2007

WEND/ RESNICK NOTARY PU IC, State of New York No.01RE5067464 , Westchester County Commission Expires Oct . 15, 2010

Daniel Knight Server's Lic #

Invoice/Work Order # 07023946

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

Case 2:07-cv-02661-NGG-ETB
UNITED STATES DISTRICT COURT

Document 7

Filed 10/04/2007INDEX # : 2:07-CV-02661 ( NGG)(ETB) Page 20 of 21
Date Filed:

Court Date:

COUNTY OF DISTRICT : EASTERN DISTRICT OF NEW YORK Attorneys: Cozen, O'Connor, P.C. PH: 212-453-3830 Address: 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 GOURMET FOOD, INC., a domestic corporation (defendant)
Plaintiff(s)/Petitioner(s) VS ROBERT'S AMERICAN GOURMENT FOOD, INC. (DEFENDANT & 3RD PTY PLAINTIFF) -VS- VAN DE VRIES SPICE CORPORATION, ET AL (3RD PTY DEFENDANT) Defendant(s)/Respondent(s)

STATE OF NEW YORK, COUNTY OF NEW YORK, SS.: Daniel Knight
of age and resides in New York State. On at

AFFIDAVIT OF SERVICE , being duly sworn deposes and says: Deponent is not a party herein, is over 18 years
at 4:40PM

September 24, 2007

223-225 HIGHLAND PARKWAY, ROSELLE, NJ

, deponent served the within

Third Party Summons in a Civil Action & Third Party Complaint
ATLANTIC QUALITY SPICE & SEASONINGS A DIVISION OF VAN DE VRIES FOOD CORP .

on:

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 person LJ therein. #2CORPORATION By delivering thereat a true copy of each to It to be the MANAGING AGENT BELLA LOWY personally, deponent knew the person so served of the corporation , and authorized to accept service on behalf of the corporation. a person of suitable age and discretion. ] dwellin g house (usual p lace of abod e) w ithi n th e s t a t e.

#3 SUITABLE AGE PE,RSON By delivering a true copy of each to , LJ Said p remises is reci p ient's: [ ]actual p lace of business #4AFFIXING TO 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. Deponent was unable, with due diligence to find recipient or a person of suitable age and discretion, having called thereat on the day of at on the day of at on the day of at Address confirmed by

#5MAIL COPY u

On , deponent completed service by depositing a true copy of each document to the above address 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 YOI u 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: ® Male Sex: White Color of skin: Gray Color of hair: Age: 61 - 70 Yrs (Use with #1, 2 or 3) Weight: 161 - 200 Lbs. Other Features: #7 WIT FEES u the authorized witness fee and / or traveling expenses were paid (tendered ) to the recipient.

Height :

5' 4" -.5- 8"

#8 MILITARYSRVC Deponent asked person spoken to whether the recipient was presently in military service of the United States Government or of the State u of New York and was informed that recipient was not . Recipient wore ordinary civilian clothes and no military uniform. #9 USE IN NYC CIVILuOURT The language required by NYCRR 2900 . 2 (e), (f) & (h) was set forth on the fact of said summons (es). C #10 OTHER

vvcrvupncarviurt NOTARY PUBL , State of New York No.01 RE50674 , Westchester County

D an i e l

K n i g ht

Server's LIC #

Commission Expires Oct. 15. 2010

Invoice/Work Order # 07023946

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

I

Case 2:07-cv-02661-NGG-ETB

Document 7

Filed 10/04/2007

Page 21 of 21

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

RETURN OF SERVICE
Service of the Summons and complaint was made b me"^
NAIvLE OiVE^^

DATE
TITLE

^j

Check one box below to indicate appropriate method o service ®' Served personally upon the third-party defendant. Place where served:

^a 3 - a^

i`

h ^^ (^

u Left copies thereof at the third-party defendant's dwelling house or usual place of abode with a person of suitable age and discretion then residing therein. Name of person with whom the summons and complaint were left: u Returned unexecuted:

u Other (specify):

STATEMENT OF SERVICE FEES
TRAVEL SERVICES

TOTAL

$0.00

DECLARATION OF SERVER I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Return of Service and Statement

Executed on
Da

Signature of Server

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t

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PESMCK
Notar y §
C' Cde N 6oC4 No. 01 7 C'" :. i"ti^24$iE. i ,:'·i^=;;>%..;h^f ..`,a i.;^t''"`^

g Slate

ip
Address of Server

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