Electronically Filed - Barry - July 27, :46 AM 18BR-CC00063 EXHIBIT A. Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 1 of 30
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1 18BR-CC00063 Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 1 of 30
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17 IN THE 39TH JUDICIAL CIRCUIT COURT, BARRY COUNTY, MISSOURI Judge or Division: JACK AARON LOUIS GOODMAN Plaintiff/Petitioner: HARDWOOD LUMBER, INC. Defendant/Respondent: BREWCO, INC. Nature of Suit: CC Breach of Contract vs. Case Number: 18BR-CC00063 Plaintiff s/petitioner s Attorney/Address: DONALD LYNN CUPPS 702 WEST STREET P.O. BOX 276 CASSVILLE, MO Court Address: 102 WEST STREET STE 1 CASSVILLE, MO Summons for Personal Service Outside the State of Missouri (Except Attachment Action) (Date File Stamp) The State of Missouri to: BREWCO, INC. Alias: REG. AGENT: MICHAEL GOLDSTON 607 FRONT ST. CENTRAL CITY, KY You are summoned to appear before this court and to file your pleading to the petition, copy of which is attached, COURT SEAL OF and to serve a copy of your pleading upon the attorney for the Plaintiff/Petitioner at the above address all within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to file your pleading, judgment by default will be taken against you for the relief demanded in this action. 7/31/2018 Date Clerk RV BARRY COUNTY Further Information: Officer s or Server s Affidavit of Service I certify that: 1. I am authorized to serve process in civil actions within the state or territory where the above summons was served. 2. My official title is of County, (state). 3. I have served the above summons by: (check one) delivering a copy of the summons and a copy of the petition to the Defendant/Respondent. leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the Defendant/Respondent with, a person of the Defendant s/respondent s family over the age of 15 years. (for service on a corporation) delivering a copy of the summons and a copy of the petition to (name) (title). other (describe). Served at (address) in County, (state), on (date) at (time). Printed Name of Sheriff or Server Signature of Sheriff or Server (Seal) Subscribed and Sworn To me before this (day) (month) (year) I am: (check one) the clerk of the court of which affiant is an officer. the judge of the court of which affiant is an officer. authorized to administer oaths in the state in which the affiant served the above summons. (use for out-of-state officer) authorized to administer oaths. (use for court-appointed server) Signature and Title Service Fees, if applicable Summons $ Non Est $ Mileage $ ( $ per mile) Total $ See the following page for directions to clerk and to officer making return on service of summons. OSCA (7-04) SM60 For Court Use Only: Document ID# 18-SMOS-58 1 of 2 (18BR-CC00063) Rules 54.06, 54.07, 54.14, 54.20; Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 17 of , RSMo
18 Directions to Clerk Personal service outside the State of Missouri is permitted only upon certain conditions set forth in Rule 54. The clerk should insert in the summons the names of only the Defendant/Respondent or Defendants/Respondents who are to be personally served by the officer to whom the summons is delivered. The summons should be signed by the clerk or deputy clerk under the seal of the court and a copy of the summons and a copy of the petition for each Defendant/Respondent should be mailed along with the original summons to the officer who is to make service. The copy of the summons may be a carbon or other copy and should be signed and sealed in the same manner as the original but it is unnecessary to certify that the copy is a true copy. The copy of the motion may be a carbon or other copy and should be securely attached to the copy of the summons but need not be certified a true copy. If the Plaintiff s/petitioner has no attorney, the Plaintiff s/petitioner s address and telephone number should be stated in the appropriate square on the summons. This form is not for use in attachment actions. (See Rule 54.06, and 54.14) Directions to Officer Making Return on Service of Summons A copy of the summons and a copy of the motion must be served on each Defendant/Respondent. If any Defendant/Respondent refuses to receive the copy of the summons and motion when offered, the return shall be prepared accordingly so as to show the offer of the officer to deliver the summons and motion and the Defendant s/respondent s refusal to receive the same. Service shall be made: (1) On Individual. On an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and motion to the individual personally or by leaving a copy of the summons and motion at the individual s dwelling house or usual place of abode with some person of the family over 15 years of age, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process; (2) On Guardian. On an infant or incompetent person who has a legally appointed guardian, by delivering a copy of the summons and motion to the guardian personally; (3) On Corporation, Partnership or Other Unincorporated Association. On a corporation, partnership or unincorporated association, by delivering a copy of the summons and motion to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the Defendant/Respondent with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process; (4) On Public or Quasi-Public Corporation or Body. Upon a public, municipal, governmental or quasi-public corporation or body in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental, or quasi-public corporation or body or to any person otherwise lawfully so designated. Service may be made by an officer or deputy authorized by law to serve process in civil actions within the state or territory where such service is made. Service may be made in any state or territory of the United States. If served in a territory, substitute the word territory for the word state. The office making the service must swear an affidavit before the clerk, deputy clerk, or judge of the court of which the person is an officer or other person authorized to administer oaths. This affidavit must state the time, place, and manner of service, the official character of the affiant, and the affiant s authority to serve process in civil actions within the state or territory where service is made. Service must not be made less than ten days nor more than 30 days from the date the Defendant/Respondent is to appear in court. The return should be made promptly and in any event so that it will reach the Missouri Court within 30 days after service. OSCA (7-04) SM60 For Court Use Only: Document ID# 18-SMOS-58 2 of 2 (18BR-CC00063) Rules 54.06, 54.07, 54.14, 54.20; Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 18 of , RSMo
19 ELLIS, CUPPS & COLE ATTORNEYS AT LAW 702 West Street P. O. Box 276 Cassville, Missouri Phone: Fax: Donald L. Cupps Royle Ellis ( ) David A. Cole Joe R. Ellis ( ) Cordelia F. Herrin Ms. Reta Voelker Associate Court Clerk Barry County Judicial Center Cassville, MO September 5, 2018 Electronically Filed - Barry - September 05, :09 AM Re: Hardwood Lumber, Inc. v. Brewco, Inc. Case No. 18BR-CC00063 Dear Reta: The summons in connection with the above referenced matter has expired. We sent the summons to the Muhlenberg County Sheriff s Department in Kentucky on July 31, 2018, however, they have not yet served the summons and Petition on the above referenced Defendant, nor have they returned the summons non-est. Please accept this as my request to issue an alias summons in this matter. If you have any questions, please don t hesitate to contact me or my assistant Robin. Thank you for your assistance in this matter. Very truly yours, DLC/rlt Donald L. Cupps E:\D.L.C. Documents\Litigation\Hardwood Lumber v. Brewco\ltr clerk - alias summons docx Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 19 of 30
20 IN THE CIRCUIT COURT OF BARRY COUNTY, MISSOURI At Cassville HARDWOOD LUMBER, INC., ) ) Plaintiff, ) v. ) Case No. 18BR-CC00063 ) BREWCO, INCORPORATED, ) Defendant. ) MOTION FOR SPECIAL PROCESS SERVER Electronically Filed - Barry - September 05, :09 AM COMES NOW Plaintiff, by and through attorney, Donald L. Cupps, and pursuant to Local Court Rule 14 requests this Honorable Court appoint Denny Blythe as special process server to obtain service of the Summons and Petition on Defendant Brewco, Incorporated, c/o Registered Agent, Michael Goldston, 607 Front Street, Central City, Kentucky 42330, or wherever he shall be found. ELLIS, CUPPS & COLE, P.C. /s/ Donald L. Cupps DONALD L. CUPPS MO Bar #29559 P. O. Box 276, Cassville, MO (417) ; Fax: (417) Attorney for Plaintiff E:\D.L.C. Documents\Litigation\Hardwood Lumber v. Brewco\Motion for Special Process Server.docx Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 20 of 30
21 IN THE CIRCUIT COURT OF BARRY COUNTY, MISSOURI At Cassville HARDWOOD LUMBER, INC., ) ) Plaintiff, ) v. ) Case No. 18BR-CC00063 ) BREWCO, INCORPORATED, ) Defendant. ) ORDER FOR SPECIAL PROCESS SERVER FILED Wednesday, September 05, 2018, 11:47:47 CRAIG WILLIAMS CIRCUIT CLERK, BARRY COUNTY Electronically Filed - Barry - September 05, :09 AM On this 5th day of September, 2018, comes before this Court Plaintiff s Motion for Special Process Server. It is hereby ordered that Summons and Petition be issued to Denny Blythe for service upon on the Defendant Brewco, Incorporation, c/o Registered Agent: Michael Goldston, 607 Front Street, Central City, Kentucky 42330, or wherever he shall be found. SO ORDERED: Judge E:\D.L.C. Documents\Litigation\Hardwood Lumber v. Brewco\Order for Special Process Server.docx Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 21 of 30
22 IN THE 39TH JUDICIAL CIRCUIT, BARRY COUNTY, MISSOURI Judge or Division: JACK AARON LOUIS GOODMAN Plaintiff/Petitioner: HARDWOOD LUMBER, INC. Defendant/Respondent: BREWCO, INC. Nature of Suit: CC Breach of Contract ALIAS The State of Missouri to: BREWCO, INC. Alias: REG. AGENT: MICHAEL GOLDSTON 607 FRONT ST. CENTRAL CITY, KY COURT SEAL OF BARRY COUNTY vs. Case Number: 18BR-CC00063 Plaintiff s/petitioner s Attorney/Address: DONALD LYNN CUPPS 702 WEST STREET P.O. BOX 276 CASSVILLE, MO Court Address: 102 WEST STREET STE 1 CASSVILLE, MO Summons for Personal Service Outside the State of Missouri (Except Attachment Action) (Date File Stamp) You are summoned to appear before this court and to file your pleading to the petition, copy of which is attached, and to serve a copy of your pleading upon the attorney for the plaintiff/petitioner at the above address all within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to file your pleading, judgment by default will be taken against you for the relief demanded in this action. 9/5/2018 Date Further Information: Officer s or Server s Affidavit of Service I certify that: 1. I am authorized to serve process in civil actions within the state or territory where the above summons was served. 2. My official title is of County, (state). 3. I have served the above summons by: (check one) delivering a copy of the summons and a copy of the petition to the defendant/respondent. leaving a copy of the summons and a copy of the petition at the dwelling place or usual abode of the defendant/respondent with, a person of the defendant s/respondent s family over the age of 15 years who permanently resides with the defendant/respondent. (for service on a corporation) delivering a copy of the summons and a copy of the petition to (name) (title). other:. Served at (address) in County, (state), on (date) at (time). Printed Name of Sheriff or Server Signature of Sheriff or Server Subscribed and sworn to before me this (day) (month) (year). I am: (check one) the clerk of the court of which affiant is an officer. the judge of the court of which affiant is an officer. authorized to administer oaths in the state in which the affiant served the above (Seal) summons. (use for out-of-state officer) authorized to administer oaths. (use for court-appointed server) Signature and Title Service Fees Summons $ Non Est $ Mileage $ ( $ per mile) Total $ See the following page for directions to officer making return on service of summons. Clerk RV OSCA (07-18) SM60 (SMOS) For Court Use Only: Document ID# 18-SMOS-68 1 of 2 (18BR-CC00063) Rules 54.06, 54.07, 54.14, 54.20; Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 22 of , RSMo
23 Directions to Officer Making Return on Service of Summons A copy of the summons and a copy of the motion must be served on each defendant/respondent. If any defendant/respondent refuses to receive the copy of the summons and motion when offered, the return shall be prepared accordingly so as to show the offer of the officer to deliver the summons and motion and the defendant s/respondent s refusal to receive the same. Service shall be made: (1) On Individual. On an individual, including an infant or incompetent person not having a legally appointed guardian, by delivering a copy of the summons and motion to the individual personally or by leaving a copy of the summons and motion at the individual s dwelling house or usual place of abode with some person of the family over 15 years of age who permanently resides with the defendant/respondent, or by delivering a copy of the summons and petition to an agent authorized by appointment or required by law to receive service of process; (2) On Guardian. On an infant or incompetent person who has a legally appointed guardian, by delivering a copy of the summons and motion to the guardian personally; (3) On Corporation, Partnership or Other Unincorporated Association. On a corporation, partnership or unincorporated association, by delivering a copy of the summons and motion to an officer, partner, or managing or general agent, or by leaving the copies at any business office of the defendant/respondent with the person having charge thereof or by delivering copies to its registered agent or to any other agent authorized by appointment or required by law to receive service of process; (4) On Public or Quasi-Public Corporation or Body. Upon a public, municipal, governmental or quasi-public corporation or body in the case of a county, to the mayor or city clerk or city attorney in the case of a city, to the chief executive officer in the case of any public, municipal, governmental, or quasi-public corporation or body or to any person otherwise lawfully so designated. Service may be made by an officer or deputy authorized by law to serve process in civil actions within the state or territory where such service is made. Service may be made in any state or territory of the United States. If served in a territory, substitute the word territory for the word state. The office making the service must swear an affidavit before the clerk, deputy clerk, or judge of the court of which the person is an officer or other person authorized to administer oaths. This affidavit must state the time, place, and manner of service, the official character of the affiant, and the affiant s authority to serve process in civil actions within the state or territory where service is made. Service must be made less than 10 days nor more than 30 days from the date the defendant/respondent is to appear in court. The return should be made promptly, and in any event so that it will reach the Missouri court within 30 days after service. OSCA (07-18) SM60 (SMOS) For Court Use Only: Document ID# 18-SMOS-68 2 of 2 (18BR-CC00063) Rules 54.06, 54.07, 54.14, 54.20; Case 3:18-cv RK Document 1-1 Filed 10/10/18 Page 23 of , RSMo
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