EXHIBIT(S) - C - AOS Business April 15, 2022 (2024)

On March 14, 2022 aExhibit,Appendixwas filedinvolving a dispute betweenAj Equity Group, Llc,andAmerican Safety Options, Inc. D B A Aso Home Health Agency,Dambuo Wisner,for Other Matters - Contract - Otherin the District Court of Kings County.

 
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 FILED: KINGS COUNTY CLERK 04/15/2022 11:48 AM INDEX NO. 507476/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/15/2022 EXHIBIT C FILED: KINGS COUNTY CLERK 04/15/2022 11:48 AM INDEX NO. 507476/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Kings ___________________________________________________________________x Fenix Capital Funding, LLC Index No.: Plaintiff, 507476/2022 - against - AFFIDAVIT OF Mona Transport LLC /DBA: Mona Transport and James J SERVICE Labastille AKA Djymptz Joseph Defendants. ___________________________________________________________________Ç STATE OF NEW YORK ) SS.: ) COUNTY OF KINGS ) Svetlana Konstantinova, being duly sworn, deposes and says: I am not a party to the within action, am over 18 years of age and reside in the State of New York, County of Kings. On March 14, 2022 I served the within Notice of Electronic Filing and Summons & Complaint upon: Mona Transport LLC DBA: Mona Transport 872 W Lancaster Ave, Bryn Mawr, PA, 19010 Service Electronic Mail: a true of the aforesaid documents e- by by delivering copy by mail to monatransportilc@gmail.com as stipulated in th co tract and delivery receipt via Microsoft Office applications Pri ted Name Sworn to be true before me this 14 day of March, 2022 DANIELLAMARCELLAALBANC$£ Quati6edin X ngs County My CommissionExpiresMar 8, 2025 Notary Public FILED: KINGS COUNTY CLERK 04/15/2022 11:48 AM INDEX NO. 507476/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/15/2022 ADDENDUM TO CONTRACT# 154961 WAIVER OF PERSONAL SERVICE This Addendum (“Addendum”) is to be made a part of the purchase and sale of future receivables agreement (the “Contract”) between Fenix Capital Funding, LLC (“Purchaser”) and Mona Transport LLC /DBA: Mona Transport (“Seller”) and James J Labastille AKA Djymptz Joseph (“Guarantor”), (collectively by “Parties”) dated 12/28/2021. 1. Seller hereby irrevocably and unconditionally waives personal service of any summons, complaint, or other process, which may be made by other means permitted by law. Seller understands and agrees that any action, lawsuit, or controversy may be taken up and considered by a court without any further notice. Seller further agrees to waive any objection to the absence of formal service of process. 2. Guarantor hereby irrevocably and unconditionally waives personal service of any summons, complaint, or other process, which may be made by any other means permitted by New York law. Guarantor understands and agrees that an action, lawsuit or controversy may be taken up and considered by a court without any further notice. Guarantor further agrees to waive any objection to absence of formal service of process. 3. SELLER HEREBY AGREES TO ACCEPT SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS BY ELECTRONIC MAIL (“EMAIL”) AT monatransportllc@gmail.com OR BY UNITED STATES POSTAL SERVICE AT 872 W Lancaster Ave, Bryn Mawr, PA, 19010 OR BY ANY OTHER MEANS PERMITTED BY NEW YORK LAW. 4. GUARANTOR HEREBY AGREES TO ACCEPT SERVICE OF ANY SUMMONS, COMPLAINT, OR OTHER PROCESS BY ELECTRONIC MAIL (“EMAIL”) AT monatransportllc@gmail.com OR BY UNITED STATES POSTAL SERVICE AT 872 W Lancaster Ave, Bryn Mawr, PA, 19010 OR BY ANY OTHER MEANS PERMITTED BY NEW YORK LAW. 5. Seller or Guarantor shall notify Seller of any changes to its physical address or email address for service. Unless Seller is notified of a change of address, all addresses shall be presumed to be accurate. 6. This Addendum shall supersede any notice requirements in the Contract with respect to service of process. For the Personal Guarantor For the Seller 12/28/2021 12/28/2021 Signature Date Signature Date Name: James J Labastille AKA Djymptz Joseph Name: James J Labastille AKA Djymptz Joseph , Title: CEO ___________ JL Initial Here: ________________ FILED: KINGS COUNTY CLERK 04/15/2022 11:48 AM INDEX NO. 507476/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/15/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Kings X Fenix Capital Funding, LLC Plaintiff, Index No. 507476/2022 -against- Mona Transport LLC /DBA: Mona Transport and James J Labastille AKA Djymptz Joseph, Defendant(s). X NOTICE OF ELECTRONIC FILING (Mandatory Case) (Uniform Rule § 202.5-bb) You have received this Notice because: 1) The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts E-filing system (“NYSCEF”), and 2) You are a Defendant/Respondent (a party) in this case. • If you are represented by an attorney: Give this Notice to your attorney. (Attorneys: see “Information for Attorneys” pg. 2). • If you are not represented by an attorney: You will be served with all documents in paper and you must serve and file your documents in paper, unless you choose to participate in e-filing. If you choose to participate in e-filing, you must have access to a computer and a scanner or other device to convert documents into electronic format, a connection to the internet, and an e-mail address to receive service of documents. The benefits of participating in e-filing include: • serving and filing your documents electronically • free access to view and print your e-filed documents • limiting your number of trips to the courthouse • paying any court fees on-line (credit card needed) To register for e-filing or for more information about how e-filing works: • visit: www.nycourts.gov/efile-unrepresented or • contact the Clerk’s Office or Help Center at the court where the case was filed. Court contact information can be found at www.nycourts.gov Page 1 of 2 EFM-1 FILED: KINGS COUNTY CLERK 04/15/2022 11:48 AM INDEX NO. 507476/2022 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 04/15/2022 To find legal information to help you represent yourself visit www.nycourthelp.gov Information for Attorneys (E-filing is Mandatory for Attorneys) An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site www.nycourts.gov/efile ; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending and serve on all parties. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the knowledge to operate such equipment. [Section 202.5-bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at www.nycourts.gov/efile or contact the NYSCEF Resource Center (phone: 646-386-3033; e-mail: efile@nycourts.gov). Dated: March 14, 2022 Leyvi, Maksim The Leyvi Law Group, P.C. Attorneys for Plaintiff 227 Sea Breeze Ave, Suite 2A Brooklyn, NY 11224 Telephone: 718-372-2511 Email: collection@fenixcapitalfunding.com To: Mona Transport LLC /DBA: Mona Transport 872 W Lancaster Ave, Bryn Mawr, PA, 19010 Page 2 of 2 EFM-1