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COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT
CIVIL ACTION NO. DUARSYD
FILED
CONCORD LUMBER CORPORATION,
Plaintiff
ve
DAVID TRABULSI A/K/A MAY 15 2024
DAVID L. TRABULSI, ATTEST: Al HM, oxeme
Defendant
AFFIDAVIT OF DAVID PERRY
3
I, DAVID PERRY, being duly sworn do hereby say and depose
as follows:
1 I am the Chief Financial Officer of the plaintiff and am
familiar with the account of DAVID TRABULSI A/K/A DAVID L.
TRABULSI based on my review of records kept in the ordinary
course of the plaintiff’s business information and/or my
personal knowledge.
2. The defendant DAVID TRABULSI A/K/A DAVID L. TRABULSI is a
natural person residing, upon information and belief, at 56
Prospect Hill Road, Harvard, Massachusetts 01451 (“defendant”) .
3. On or about March 28, 2022 defendant completed and/or
signed plaintiff’s commercial credit application and
unconditional guaranty, a copy of which is annexed hereto and
marked herein as nat,
4 In the credit application the defendant warranted that at
the time it made each purchase it would be solvent and would
notify the plaintiff in writing prior to any proposed purchase
when the defendant was not paying its bills to any person or
entity when due and that any breach of this covenant and/or
warranty as to solvency shall be deemed by a court to be
intentional and waived the right to challenge same and
acknowledged that the plaintiff was relying on that covenant to
extend credit to the commercial defendant.
5 The defendant completed and/or signed an unconditional
personal guaranty in which he agreed to pay all of the
obligations of the applicant, the defendant, together with
interest at the rate of 1 and 1/2% per month (18% per annum)
together with reasonable attorney’s fees, court costs and
collection expenses, a copy of which is annexed hereto and
marked herein as "A".
6. The defendant waived his rights to a trial by jury.
7. The defendant waived all surety rights.
8. The defendant waived any rights of set off, redemption and
counterclaim.
9 The defendant acknowledged in his guaranty that his waivers
were voluntary and knowing, and that he had the opportunity to
review same with independent counsel and that he read and
understood each of the terms and conditions of the guaranty and
signed same knowingly and voluntarily.
10. The defendant subordinated his right of homestead to any
encumbrance obtained by the plaintiff.
2
11. In reliance on the representations set forth in the
commercial credit application and guaranty, the plaintiff sold
goods and materials for commercial purposes to the defendant,
for which remains an outstanding unpaid balance.
12. As of May 8, 2024, there is due and owing from the
defendant to the plaintiff, the principal sum of One Hundred
Five Thousand One Hundred and Ten and 17/100 ($105,110.17)
Dollars, according to the Statement annexed hereto and marked
npr,
13. These unpaid purchases occurred between February 2, 2023,
through and including April 13, 2023.
14. The defendant last made payment on or about December 8,
2023.
15. The plaintiff again made demand upon the defendant, but
defendant have failed, refused and/or neglected and continue to
fail, refuse and/or neglect to pay the outstanding balance
including sums that they do not deny owing to the plaintiff.
16. The defendant knew when he ordered and accepted commercial
goods and materials from the plaintiff that the plaintiff
expected to be paid for same.
17. The fair and reasonable value of the goods and materials
sold by the plaintiff to the defendant and at the request of the
defendant for which the defendant have not paid is One Hundred
Five Thousand One Hundred and Ten and 17/100 ($105,110.17)
3
Dollars. (See Attachment “B”).
18. The defendant has been unjustly enriched by their failure
to pay for said commercial goods and materials, to the detriment
of the plaintiff.
19. Implied in every contract is the covenant of good faith and
fair dealing.
20. The defendant, by his actions and inactions, breached the
covenant of good faith and fair dealing.
21. As a result of the said defendant’s breach of the implied
covenant of good faith and fair dealing, the plaintiff has
22. On information and belief, the plaintiff alleges and avers
that defendant purchased some or all of the materials referenced
in the outstanding invoices when he knew or should have known
that he could not make timely payment therefor in contradiction
of the warranty and or covenants contained in the credit
application.
23. On information and belief, the plaintiff alleges and avers
that the defendant purchased some or all of the materials
referenced in the outstanding invoices when he knew or should
have known that he did not intend to timely pay for items at the
time that the obligations were incurred.
24, The plaintiff relied upon the ongoing representations made
by the defendant when he signed the credit application and
personal guaranty to extend and further extend credit to the
4
defendant.
25. On information and belief, plaintiff alleges and avers that
the defendant knew or should have known that the representations
that he made by signing the credit application and personal
guaranty which extended and were a part of each purchase
defendant made from plaintiff, were false as to each unpaid
order and was made to induce the plaintiff to extend and then
further extend credit to defendant.
26. By the terms of the credit application the defendant
warranted that any breach of any of its covenants and warranties
as to defendant’s solvency at the time of each order was an
intentional breach.
27. The plaintiff relied upon the ongoing representations made
by the defendant when he signed the credit application and
personal guaranty to extend and further extend credit to the
defendant to plaintiff’s detriment.
28. The plaintiff knows of no liability insurance available to
the defendant sufficient to pay the judgment that the plaintiff
expects to recover in this action.
29. In light of the fact that the defendant has repeatedly
failed, refused or neglected to pay this debt for materials
which the defendant accepted without reservation, the fact that
the defendant has failed and/or neglected to pay for all of the
purchases that he made with the plaintiff, the fact that the
5
Defendant last made payment on or about December 8, 2023 on
account, the fact that the outstanding debt spans from March 7,
2023 through and including May 9, 2023, the fact that on January
16, 2024, plaintiff’s counsel made demand of the defendant for
payment of the outstanding bill (a copy of which is annexed
hereto and incorporated herein as “C”) the fact that on
February 8, 2024, the defendant emailed back acknowledging owing
the full amount of the bill and promising to pay the entire
amount due on or before the end of March 2024(a copy of which is
annexed hereto and incorporated herein as “D” the fact that
defendant did not respond to plaintiff's counsel’s email asking
for a the date in March when plaintiff could expect payment
(a
copy of which is annexed hereto and incorporated herein as “E”)
to which the defendant failed to respond, the fact that on April
18, 2024 the plaintiff’s counsel sent still another email to the
defendant demanding payment to which the defendant also failed
to respond a copy of which is annexed hereto and incorporated
YP)
herein as and my resulting belief that defendant either
have no intention of voluntarily timely paying the full amount
of this debt and/or are in financial difficulty, I believe that
if plaintiff's ex parte motions for attachment on real estate
and the house built thereon(using plaintiff£’s building
supplies), there is a clear danger that defendant may convey or
encumber the defendant’s real property, and/or take other
6
efforts to further hinder the collection of this debt which the
defendant has acknowledged owing in writing.
oy yo
(
SIGNED UNDER THE PAINS ee OF PERJURY THIS
DAY OF MAY 2024.
:
oe D PERRY — —
EXHIBIT A
~
Ke Concord Lumber Corporation Concord Lumber
and its wholly owned dit ions and subsidiaries Littleton Lumber Forester
Moulding & Millwork
\3
P.O, Box 1526, Linleton, MA 01460
P: (978) 486-9877 F: (978) 952-2408 The Kitchen Works
Qa accountsreceivable@concordlumbercorp. com
ColorWorks Paint& Decorating Stores
Please complete both sides of this application’ in full. Kindly print
clearly,
SAN LEC NETS Bu — OATE SALESMAN NAME
PETE CAPONE 92
‘TRADE NAME (IF ANY’)
TYPE OF BUSINESS
tule Remodeler, Painteete
r JANDIVID UAL
CONTACT-NAME
EMAIL
(IF DIFFERENT FROM ABOVE)
. bu\ Su ‘
‘TELEPHONE
508-635-3445 ADDRESS~ COCREREY ORG TE
Fea”
S34 BAMeT on 3 Ae De
vA Ove
Sop so
=
7 ‘ERSONEA STATE
PA “Soe
For CREDIT APPLICATIONS the following nformati ‘fon must be comple
wl
ted in full and signed (see back), and will be ased
connection with our decision to grant or deny credit. in
CREDIT AMOUNT REQUESTED
FEDERAL
FEIN (TAX IDA)
SOCIAL SECURITY #
TYPEOF BUSINESS
[1] corporation Cl rartnersi — [7] ove PROPRIETORSHIP CJ tcc Fj uimirep partwersuip J rest
YEARS IN BUSINESS
vi DATE
OF INCORPORATION
PA,
‘HAVE YOU EVER FILED FOR BANKRUPTCY?
BURDER'S eS
IF SO, WHEN? x 2D
PREVIOUS YEAR'S TOTAL SALES.
N/A
Hf partnership or proprietorship, list all principals, using additional
DOES YOUR COMPANY USE
|A PURCHASE ORDER?
sheets if necessary. Ifa corporation, identify
the President, Secretary and
‘Treasurer and note titles accordingly.
PRINCIPAL'S OME ADDRESS
NAME/TITLE OWNRENT? PHONE #
PRINCIPAL'S HOME ADDRESS
NAMUSTITLE OWN/RENT? PHONE A
Pacer
NAME OF BANK/LOCATION
{CHECKING Comec@uctton
us Zon:
ACCTR
Peas HAMEL.
CONTACT PERSON
LOAKS
NAME OF BANK/LOCATION
(SAVINGSIMONEY MARKET) ACTH CONTACT PERSON
[TRADE REFERENCES (3 please)
VENDOR ADDRESS: PHONE EAX#
VENDOR ADDRESS: PHONE # FAX#
Ti
VENDOR: ADDRESS: PHONE # FAX
{TRE infomation has been given for the purpose of ebis credit und is certified and ‘Wworranted tobe tue, NOTE:
UNLESS YOU ADVISE US OTHER-
—-
AGREEMENT
A prompt payment discount as shown on the statement will be allawed on af plicable CURRENT
‘statement date. Payment IN FULL is due within thiny (30) days of the statement date, All invoicesPURCHASES only y if ayment is received within ten (10) days of the
jonthly service charge of Jan 1/22% simple interes It placed for collection, Customer shall pay allnotcostspaldof incollecti full within ‘30 days of cach invoice date are subject to a
not less than 5.00 per hour which Customer hereby waives any right to contest same, This-ts a lassachisetts con! tract ion including reasonable altorneys’ fees an amount
and shall be interpreted under the laws of the
same, Customer hereby submits to the personal jurisdiction of Massachusetts and consents: to be suedin Massachuset
Concord Lu: jerCorporation and/or any y of its Wholly subsidiaries or divisions (“CONCO! RD") must be brought in a Massachusetts and further oj hat any litigation
application as well as those of CONC ‘ORD's invaices, dclivery reccipts and/or stztement gover all transuctions between the State Court. akan
The terms set
y document plied by Customer Shall be null and ‘oid and are hereby specifically rej d . Customer h e r b y ’ erants CONCORD
parties. Terns and conditions set forth in
a
all goods end miaterials and ps m which ithas or will purchase ‘as well as 6 security interest in all o if the Custeniei voncy
of a'secure itor under the UCC and grants CO! INCORD an inevorable limited powcr of altomey end authorizes CONC CORD r's assets (“Collateral”) ih ator the, ae
zs atorney.
record all assets UCC fini lancing statement(s) and/or amendments thereto of its behalf at any time and from
Gacluding without limi tion, costs of collection,in and the reasonable time to tim ein any jurisdict in fact to sign. file and/or
attomey' fees) of the Customer row due and which may become fonducto secureall
Protect and enforce CONCORD'S righis under the Unifo form Commercial Code as enacted in Massechuseus unless any as well.as 10 establish,
affor ‘ater protections to CONCORD} }, In the eveat of a defaultby the Ci ustomeror of the Guarantor(s), CONCO! state where fi the Customer: place of business
‘exercise all ri ights afforded by Article 9 of
end may reclaim all 00ds, including invent
ANB UTURE IOMESTEA| RIG HTS TO ANY JUDI B CHAE ARBOR to the
RY Lit
Customer. CUSTOMER HEREBY Vs
1B’ TAINED AND/OR RECORDED BY US TO SE CURE PAYMENT
U:BORDINATES ALL OF EXISTING
)F CUSTOMER'S CURRENT Al BTS OR OBLIGATIONS. OF
ATTORNEY AND IRREVOCABLY AUTHORIZES US A: UTS ATTORNEY IN FACT’ . CUSTOM ER HEREBY GRANTS US AN | IRREVOCABLE POWER OF
AND SIGN ANI ID RECORD ON BEHALF OF TH! E CUSTOMER ATANY TIME
ME TO TIME IN AN’ LY JURISDICTION ANY DOCUMENT, TO EFFECT SAID SUBO! RDINAT
INDIVIDU: ALS) WAIVI E HIS/HE! RATS RIGHT TO ATRIAL ION, THE CUSTOMER Al ND _UNDERSIGNE!
ICORD reserves all other:
‘re cumulative thereto and agrees that we may y cha
ic the terms of thisagreement
time, gather and use end share any ond all financial anVor credit information Otrolati
in tow and
our discretion. CONCORD and its agents, employ: yees and attomeys may, from Lime
equity ond that all remedies set‘forth hercin
(o Customer and/or tindersigned indi ividuals which-both authorize same andto
providonye such credit information INCORD, its agents,
indemnifies and holds hermless CO: loyees end attomeys from ony oss, claim and/or costs resulting from sume: Ve
toothers without my/our ‘Pstor consent. Unless CONC IRD receives written notification b3 certified mail reuura agree that CONCORD may
Customerno later than thirty recej pt requested from
its own debts and ese intly and severally
prior to the transfer of the ownership of the Customer, Customer shall
liable for the debis of the new vex. In the event that Customer ion, the undersigned
remain
ii individual
liable
s in
for
their
a l of
personally
new ouner of the Customer or gues cessor entity or person shall be jointly ies this oblis
and severally I liabls to CONCORD: for all balances due ond owing at and from theCustomer capciy, and the
Balancesdue and owing from the Customer shiall not be wansferred time of transfer.
aie
hereof“fsshall not act as an invalidation of the whole hereof and all not without our express urilten consent; wl hich may be withheld ‘ot our discretion, Invaliditio
invalidated pans shall be enforceable. n of any. part
Facsimile and cmail trensmission of signature is enforceabte as
Her
an or
FSian TingCHE EDI
jent also binds CUSTOMER'S subsidiai ries and affiliates,
onc Rs Tatty. c "'USTOMER WAR VENT WHEN IT it requested
is not a cap
AT THE TIM EACH PI'U! SE. CUS MER SOVENAN WILL NOTIFY CONCORD.IN Wi RITING PRITO
Diapricey ON AND SHAL REMAIN SO
MADE WHEN CUSTOMER IS NOT PAVING ‘G ANY OR ANY PROPOSED PURI
LS TO ANY PEI BRSON OR ENTITY WHEN HEY’ A
ANY BREACH OF ANY COVENANT ANDIC RRANTY AS TO SOLVENCY SHALL BE DEEMED BY A COUR’ T DUE. CUSTOMER STI LATE:
PAS
THE RIGHT TO CHALLENGE SAME. CUSTOMER REC IZES THAT THESE WARRANTIES ANI COVENANTS ARE
TO BE INTI
THE CUSTO! TONAL AND WAIVES
OBLIGATIONS AND MATERIAL REPI ENTATIONS UPON Wil CH CONCORD IS AND WILL RELY UPON FOR EA MIEN
INDIVIDUAL{(S) AND CUSTOMER ACKNOWLEDGE: \‘T CH OF THE Al CH SALE, TH
EB N KNOWINGLY AND VOLUNTARILY MADE AND THAT EACH IS A MATE! REPRESI IS. COVENANT: RDINATIONS AND
EXTEND CREDIT, TI HE UNDERS| IGNED ACKNOWLEDGES READING RIAL TERM AND CONDITION IN OUR DECISION ‘TO
AND FULLY UNDERSTAI NDING EACH OF THE
FORTH HEREIN AND SIGNS THIS CONTRACT KNOWINGLY AND VOLUNTARILY. TERMS AND CONDITIONS SET
Witness ourhi
SUT HAP ems Sc
SUZ. ! < SSsonnh (Sodh
Date ‘Signature and address of person responsible for paying bill Print Name
Date Signature and address of person responsible for paying bill ~-Print Name
Social Security Number
'ERSONAL GUARANTY OF COMMERCIAL, OBLIGATIONS
consideration of the extension of eredit by CONCO! RD LUMBER
(“CONCORD”) to the above referenced Customer and for other good undCORPORATION a: ind/or any of its wholly owned subsidiari ‘ies or divi
valuable consi ideration receipt of which isions
heirs and beneficiaries, executdrs and administrators, secessars ond assigns is acknowledged, undersi their respective
hereby ‘imconditionally: personal
which heraficr become duc from Customerto CONINCORD and hereby’ ‘waives any right to coniest some. juaranty payment of all mone:
personal joint and several Nability of the onsundersigned y and obi
naw due or
rimary end shall not be affected by any di extension of time, re leaseof securit tion, mer is
usiness, acccptence of campromisefc ¢ any other modification of the liability of Cust
Undersi; jereby waives an) tnd omen,
shall rot be dependent upon recot r
urse
Teorgani
ice of changes in térms and amoumt of extensionof ‘ cre: it to Customer ond waives any rights of ‘sct-0ff, redemption and counter! to any
jon or sale of Customer's
tion
remedies against. Customer.
which may be olfeged to exist in fav ‘or of Custo:
all existiny ig and future honiestead rights to any’j undersigned waives all surety rights, rights to presentment, demand ond no! tice, Undersi i ied hereby subordinates.
| and/or statutory lien obtained anc id/or recorded by us to secure Bi of any current an future debt or obligation
ofthe C ‘ustomer anVor the undersigned io us and hereby grants us an irrevocable
its behalFany. ‘document we deem necessary to effect said subordination of hejomestead power of atlomey and imevocably a ayment rizes us as Its att fact to sign and recordon
r i g h t s ,
any account of Customerand remains in full force and effect, unless ond until 10 day 5 afler withdrawal by writing is received by to 2 trial bi
Undersigne d hereby waives all right is agreement covers
receipt requested. Such wit ithdrawal all beelfective pi respectively only, No riphts against the undersigned are waived b
§ failure
1 CONCO!
to exercise any rights \gninst the Customer
KD
cegistered mail, return
upon default, Undersign by agrees to pay any ‘nd all of said sums, together with all costs collection, includin;
is is a Massachusetts contract and sholl ib ¢ interpreted under its laws, The undersigned ofhereby cl ig reasonable antomey’s. ited enforcing
tobe sued in ‘Massachusetts subimi its tothe personal j jurisdiction of Massachi setts and consent
OF THE ABOVE REP! RESENTATIONS, COV! ENA IANTS, SU BORDINATIG
ts laws ‘against us must be bi ing Massachusetts State Court. EACH
THE PPORTUNITY OF VIEWING SAME WITH INDEPENDE! BEEN. KNOWINGL.' YAl ND Vi OLUNTARILY AND HAVE HAD
UNDERSTANDING EACH OF "THE TERMS AND CONDITIONS SET FORTH HEREIN
AND Sion iS
ERSIGINED ACKNOW! LEDGES READING ANI ID FULLY
CONCORD sn id its ogents, en iployees and ato: meys to gather and use any and all financial and/or credit int formation, consumer KNOWINGLY
THIS. IARANTY
or atherwis
AND VOL! JUNTARILY.
fect 05 an invalidation of the whole bereof iseretion and may provideany stich ered it information to others without rior consent. Invatida
I's knowledge at our sole time to time without
and all not invalidated parts shall be ent forceable, Undersigned acknowl 65 receipt ofa copy of this agreement
email transmission of si; jgnoture fs enforceabl
tion of any Past hereof shall not
. Faesimile and
e as an original signature.
Witness my/our hand{s) und seal(s) this,
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COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT CIVIL ACTION NO. DUARSYD FILED CONCORD LUMBER CORPORATION, Plaintiff ve DAVID TRABULSI A/K/A MAY 15 2024 DAVID L. TRABULSI, ATTEST: Al HM, oxeme Defendant AFFIDAVIT OF DAVID PERRY 3 I, DAVID PERRY, being duly sworn do hereby say and depose as follows: 1 I am the Chief Financial Officer of the plaintiff and am familiar with the account of DAVID TRABULSI A/K/A DAVID L. TRABULSI based on my review of records kept in the ordinary course of the plaintiff’s business information and/or my personal knowledge. 2. The defendant DAVID TRABULSI A/K/A DAVID L. TRABULSI is a natural person residing, upon information and belief, at 56 Prospect Hill Road, Harvard, Massachusetts 01451 (“defendant”) . 3. On or about March 28, 2022 defendant completed and/or signed plaintiff’s commercial credit application and unconditional guaranty, a copy of which is annexed hereto and marked herein as nat, 4 In the credit application the defendant warranted that at the time it made each purchase it would be solvent and would notify the plaintiff in writing prior to any proposed purchase when the defendant was not paying its bills to any person or entity when due and that any breach of this covenant and/or warranty as to solvency shall be deemed by a court to be intentional and waived the right to challenge same and acknowledged that the plaintiff was relying on that covenant to extend credit to the commercial defendant. 5 The defendant completed and/or signed an unconditional personal guaranty in which he agreed to pay all of the obligations of the applicant, the defendant, together with interest at the rate of 1 and 1/2% per month (18% per annum) together with reasonable attorney’s fees, court costs and collection expenses, a copy of which is annexed hereto and marked herein as "A". 6. The defendant waived his rights to a trial by jury. 7. The defendant waived all surety rights. 8. The defendant waived any rights of set off, redemption and counterclaim. 9 The defendant acknowledged in his guaranty that his waivers were voluntary and knowing, and that he had the opportunity to review same with independent counsel and that he read and understood each of the terms and conditions of the guaranty and signed same knowingly and voluntarily. 10. The defendant subordinated his right of homestead to any encumbrance obtained by the plaintiff. 2 11. In reliance on the representations set forth in the commercial credit application and guaranty, the plaintiff sold goods and materials for commercial purposes to the defendant, for which remains an outstanding unpaid balance. 12. As of May 8, 2024, there is due and owing from the defendant to the plaintiff, the principal sum of One Hundred Five Thousand One Hundred and Ten and 17/100 ($105,110.17) Dollars, according to the Statement annexed hereto and marked npr, 13. These unpaid purchases occurred between February 2, 2023, through and including April 13, 2023. 14. The defendant last made payment on or about December 8, 2023. 15. The plaintiff again made demand upon the defendant, but defendant have failed, refused and/or neglected and continue to fail, refuse and/or neglect to pay the outstanding balance including sums that they do not deny owing to the plaintiff. 16. The defendant knew when he ordered and accepted commercial goods and materials from the plaintiff that the plaintiff expected to be paid for same. 17. The fair and reasonable value of the goods and materials sold by the plaintiff to the defendant and at the request of the defendant for which the defendant have not paid is One Hundred Five Thousand One Hundred and Ten and 17/100 ($105,110.17) 3 Dollars. (See Attachment “B”). 18. The defendant has been unjustly enriched by their failure to pay for said commercial goods and materials, to the detriment of the plaintiff. 19. Implied in every contract is the covenant of good faith and fair dealing. 20. The defendant, by his actions and inactions, breached the covenant of good faith and fair dealing. 21. As a result of the said defendant’s breach of the implied covenant of good faith and fair dealing, the plaintiff has 22. On information and belief, the plaintiff alleges and avers that defendant purchased some or all of the materials referenced in the outstanding invoices when he knew or should have known that he could not make timely payment therefor in contradiction of the warranty and or covenants contained in the credit application. 23. On information and belief, the plaintiff alleges and avers that the defendant purchased some or all of the materials referenced in the outstanding invoices when he knew or should have known that he did not intend to timely pay for items at the time that the obligations were incurred. 24, The plaintiff relied upon the ongoing representations made by the defendant when he signed the credit application and personal guaranty to extend and further extend credit to the 4 defendant. 25. On information and belief, plaintiff alleges and avers that the defendant knew or should have known that the representations that he made by signing the credit application and personal guaranty which extended and were a part of each purchase defendant made from plaintiff, were false as to each unpaid order and was made to induce the plaintiff to extend and then further extend credit to defendant. 26. By the terms of the credit application the defendant warranted that any breach of any of its covenants and warranties as to defendant’s solvency at the time of each order was an intentional breach. 27. The plaintiff relied upon the ongoing representations made by the defendant when he signed the credit application and personal guaranty to extend and further extend credit to the defendant to plaintiff’s detriment. 28. The plaintiff knows of no liability insurance available to the defendant sufficient to pay the judgment that the plaintiff expects to recover in this action. 29. In light of the fact that the defendant has repeatedly failed, refused or neglected to pay this debt for materials which the defendant accepted without reservation, the fact that the defendant has failed and/or neglected to pay for all of the purchases that he made with the plaintiff, the fact that the 5 Defendant last made payment on or about December 8, 2023 on account, the fact that the outstanding debt spans from March 7, 2023 through and including May 9, 2023, the fact that on January 16, 2024, plaintiff’s counsel made demand of the defendant for payment of the outstanding bill (a copy of which is annexed hereto and incorporated herein as “C”) the fact that on February 8, 2024, the defendant emailed back acknowledging owing the full amount of the bill and promising to pay the entire amount due on or before the end of March 2024(a copy of which is annexed hereto and incorporated herein as “D” the fact that defendant did not respond to plaintiff's counsel’s email asking for a the date in March when plaintiff could expect payment (a copy of which is annexed hereto and incorporated herein as “E”) to which the defendant failed to respond, the fact that on April 18, 2024 the plaintiff’s counsel sent still another email to the defendant demanding payment to which the defendant also failed to respond a copy of which is annexed hereto and incorporated YP) herein as and my resulting belief that defendant either have no intention of voluntarily timely paying the full amount of this debt and/or are in financial difficulty, I believe that if plaintiff's ex parte motions for attachment on real estate and the house built thereon(using plaintiff£’s building supplies), there is a clear danger that defendant may convey or encumber the defendant’s real property, and/or take other 6 efforts to further hinder the collection of this debt which the defendant has acknowledged owing in writing. oy yo ( SIGNED UNDER THE PAINS ee OF PERJURY THIS DAY OF MAY 2024. : oe D PERRY — — EXHIBIT A ~ Ke Concord Lumber Corporation Concord Lumber and its wholly owned dit ions and subsidiaries Littleton Lumber Forester Moulding & Millwork \3 P.O, Box 1526, Linleton, MA 01460 P: (978) 486-9877 F: (978) 952-2408 The Kitchen Works Qa accountsreceivable@concordlumbercorp. com ColorWorks Paint& Decorating Stores Please complete both sides of this application’ in full. Kindly print clearly, SAN LEC NETS Bu — OATE SALESMAN NAME PETE CAPONE 92 ‘TRADE NAME (IF ANY’) TYPE OF BUSINESS tule Remodeler, Painteete r JANDIVID UAL CONTACT-NAME EMAIL (IF DIFFERENT FROM ABOVE) . bu\ Su ‘ ‘TELEPHONE 508-635-3445 ADDRESS~ COCREREY ORG TE Fea” S34 BAMeT on 3 Ae De vA Ove Sop so = 7 ‘ERSONEA STATE PA “Soe For CREDIT APPLICATIONS the following nformati ‘fon must be comple wl ted in full and signed (see back), and will be ased connection with our decision to grant or deny credit. in CREDIT AMOUNT REQUESTED FEDERAL FEIN (TAX IDA) SOCIAL SECURITY # TYPEOF BUSINESS [1] corporation Cl rartnersi — [7] ove PROPRIETORSHIP CJ tcc Fj uimirep partwersuip J rest YEARS IN BUSINESS vi DATE OF INCORPORATION PA, ‘HAVE YOU EVER FILED FOR BANKRUPTCY? BURDER'S eS IF SO, WHEN? x 2D PREVIOUS YEAR'S TOTAL SALES. N/A Hf partnership or proprietorship, list all principals, using additional DOES YOUR COMPANY USE |A PURCHASE ORDER? sheets if necessary. Ifa corporation, identify the President, Secretary and ‘Treasurer and note titles accordingly. PRINCIPAL'S OME ADDRESS NAME/TITLE OWNRENT? PHONE # PRINCIPAL'S HOME ADDRESS NAMUSTITLE OWN/RENT? PHONE A Pacer NAME OF BANK/LOCATION {CHECKING Comec@uctton us Zon: ACCTR Peas HAMEL. CONTACT PERSON LOAKS NAME OF BANK/LOCATION (SAVINGSIMONEY MARKET) ACTH CONTACT PERSON [TRADE REFERENCES (3 please) VENDOR ADDRESS: PHONE EAX# VENDOR ADDRESS: PHONE # FAX# Ti VENDOR: ADDRESS: PHONE # FAX {TRE infomation has been given for the purpose of ebis credit und is certified and ‘Wworranted tobe tue, NOTE: UNLESS YOU ADVISE US OTHER- —- AGREEMENT A prompt payment discount as shown on the statement will be allawed on af plicable CURRENT ‘statement date. Payment IN FULL is due within thiny (30) days of the statement date, All invoicesPURCHASES only y if ayment is received within ten (10) days of the jonthly service charge of Jan 1/22% simple interes It placed for collection, Customer shall pay allnotcostspaldof incollecti full within ‘30 days of cach invoice date are subject to a not less than 5.00 per hour which Customer hereby waives any right to contest same, This-ts a lassachisetts con! tract ion including reasonable altorneys’ fees an amount and shall be interpreted under the laws of the same, Customer hereby submits to the personal jurisdiction of Massachusetts and consents: to be suedin Massachuset Concord Lu: jerCorporation and/or any y of its Wholly subsidiaries or divisions (“CONCO! RD") must be brought in a Massachusetts and further oj hat any litigation application as well as those of CONC ‘ORD's invaices, dclivery reccipts and/or stztement gover all transuctions between the State Court. akan The terms set y document plied by Customer Shall be null and ‘oid and are hereby specifically rej d . Customer h e r b y ’ erants CONCORD parties. Terns and conditions set forth in a all goods end miaterials and ps m which ithas or will purchase ‘as well as 6 security interest in all o if the Custeniei voncy of a'secure itor under the UCC and grants CO! INCORD an inevorable limited powcr of altomey end authorizes CONC CORD r's assets (“Collateral”) ih ator the, ae zs atorney. record all assets UCC fini lancing statement(s) and/or amendments thereto of its behalf at any time and from Gacluding without limi tion, costs of collection,in and the reasonable time to tim ein any jurisdict in fact to sign. file and/or attomey' fees) of the Customer row due and which may become fonducto secureall Protect and enforce CONCORD'S righis under the Unifo form Commercial Code as enacted in Massechuseus unless any as well.as 10 establish, affor ‘ater protections to CONCORD} }, In the eveat of a defaultby the Ci ustomeror of the Guarantor(s), CONCO! state where fi the Customer: place of business ‘exercise all ri ights afforded by Article 9 of end may reclaim all 00ds, including invent ANB UTURE IOMESTEA| RIG HTS TO ANY JUDI B CHAE ARBOR to the RY Lit Customer. CUSTOMER HEREBY Vs 1B’ TAINED AND/OR RECORDED BY US TO SE CURE PAYMENT U:BORDINATES ALL OF EXISTING )F CUSTOMER'S CURRENT Al BTS OR OBLIGATIONS. OF ATTORNEY AND IRREVOCABLY AUTHORIZES US A: UTS ATTORNEY IN FACT’ . CUSTOM ER HEREBY GRANTS US AN | IRREVOCABLE POWER OF AND SIGN ANI ID RECORD ON BEHALF OF TH! E CUSTOMER ATANY TIME ME TO TIME IN AN’ LY JURISDICTION ANY DOCUMENT, TO EFFECT SAID SUBO! RDINAT INDIVIDU: ALS) WAIVI E HIS/HE! RATS RIGHT TO ATRIAL ION, THE CUSTOMER Al ND _UNDERSIGNE! ICORD reserves all other: ‘re cumulative thereto and agrees that we may y cha ic the terms of thisagreement time, gather and use end share any ond all financial anVor credit information Otrolati in tow and our discretion. CONCORD and its agents, employ: yees and attomeys may, from Lime equity ond that all remedies set‘forth hercin (o Customer and/or tindersigned indi ividuals which-both authorize same andto providonye such credit information INCORD, its agents, indemnifies and holds hermless CO: loyees end attomeys from ony oss, claim and/or costs resulting from sume: Ve toothers without my/our ‘Pstor consent. Unless CONC IRD receives written notification b3 certified mail reuura agree that CONCORD may Customerno later than thirty recej pt requested from its own debts and ese intly and severally prior to the transfer of the ownership of the Customer, Customer shall liable for the debis of the new vex. In the event that Customer ion, the undersigned remain ii individual liable s in for their a l of personally new ouner of the Customer or gues cessor entity or person shall be jointly ies this oblis and severally I liabls to CONCORD: for all balances due ond owing at and from theCustomer capciy, and the Balancesdue and owing from the Customer shiall not be wansferred time of transfer. aie hereof“fsshall not act as an invalidation of the whole hereof and all not without our express urilten consent; wl hich may be withheld ‘ot our discretion, Invaliditio invalidated pans shall be enforceable. n of any. part Facsimile and cmail trensmission of signature is enforceabte as Her an or FSian TingCHE EDI jent also binds CUSTOMER'S subsidiai ries and affiliates, onc Rs Tatty. c "'USTOMER WAR VENT WHEN IT it requested is not a cap AT THE TIM EACH PI'U! SE. CUS MER SOVENAN WILL NOTIFY CONCORD.IN Wi RITING PRITO Diapricey ON AND SHAL REMAIN SO MADE WHEN CUSTOMER IS NOT PAVING ‘G ANY OR ANY PROPOSED PURI LS TO ANY PEI BRSON OR ENTITY WHEN HEY’ A ANY BREACH OF ANY COVENANT ANDIC RRANTY AS TO SOLVENCY SHALL BE DEEMED BY A COUR’ T DUE. CUSTOMER STI LATE: PAS THE RIGHT TO CHALLENGE SAME. CUSTOMER REC IZES THAT THESE WARRANTIES ANI COVENANTS ARE TO BE INTI THE CUSTO! TONAL AND WAIVES OBLIGATIONS AND MATERIAL REPI ENTATIONS UPON Wil CH CONCORD IS AND WILL RELY UPON FOR EA MIEN INDIVIDUAL{(S) AND CUSTOMER ACKNOWLEDGE: \‘T CH OF THE Al CH SALE, TH EB N KNOWINGLY AND VOLUNTARILY MADE AND THAT EACH IS A MATE! REPRESI IS. COVENANT: RDINATIONS AND EXTEND CREDIT, TI HE UNDERS| IGNED ACKNOWLEDGES READING RIAL TERM AND CONDITION IN OUR DECISION ‘TO AND FULLY UNDERSTAI NDING EACH OF THE FORTH HEREIN AND SIGNS THIS CONTRACT KNOWINGLY AND VOLUNTARILY. TERMS AND CONDITIONS SET Witness ourhi SUT HAP ems Sc SUZ. ! < SSsonnh (Sodh Date ‘Signature and address of person responsible for paying bill Print Name Date Signature and address of person responsible for paying bill ~-Print Name Social Security Number 'ERSONAL GUARANTY OF COMMERCIAL, OBLIGATIONS consideration of the extension of eredit by CONCO! RD LUMBER (“CONCORD”) to the above referenced Customer and for other good undCORPORATION a: ind/or any of its wholly owned subsidiari ‘ies or divi valuable consi ideration receipt of which isions heirs and beneficiaries, executdrs and administrators, secessars ond assigns is acknowledged, undersi their respective hereby ‘imconditionally: personal which heraficr become duc from Customerto CONINCORD and hereby’ ‘waives any right to coniest some. juaranty payment of all mone: personal joint and several Nability of the onsundersigned y and obi naw due or rimary end shall not be affected by any di extension of time, re leaseof securit tion, mer is usiness, acccptence of campromisefc ¢ any other modification of the liability of Cust Undersi; jereby waives an) tnd omen, shall rot be dependent upon recot r urse Teorgani ice of changes in térms and amoumt of extensionof ‘ cre: it to Customer ond waives any rights of ‘sct-0ff, redemption and counter! to any jon or sale of Customer's tion remedies against. Customer. which may be olfeged to exist in fav ‘or of Custo: all existiny ig and future honiestead rights to any’j undersigned waives all surety rights, rights to presentment, demand ond no! tice, Undersi i ied hereby subordinates. | and/or statutory lien obtained anc id/or recorded by us to secure Bi of any current an future debt or obligation ofthe C ‘ustomer anVor the undersigned io us and hereby grants us an irrevocable its behalFany. ‘document we deem necessary to effect said subordination of hejomestead power of atlomey and imevocably a ayment rizes us as Its att fact to sign and recordon r i g h t s , any account of Customerand remains in full force and effect, unless ond until 10 day 5 afler withdrawal by writing is received by to 2 trial bi Undersigne d hereby waives all right is agreement covers receipt requested. Such wit ithdrawal all beelfective pi respectively only, No riphts against the undersigned are waived b § failure 1 CONCO! to exercise any rights \gninst the Customer KD cegistered mail, return upon default, Undersign by agrees to pay any ‘nd all of said sums, together with all costs collection, includin; is is a Massachusetts contract and sholl ib ¢ interpreted under its laws, The undersigned ofhereby cl ig reasonable antomey’s. ited enforcing tobe sued in ‘Massachusetts subimi its tothe personal j jurisdiction of Massachi setts and consent OF THE ABOVE REP! RESENTATIONS, COV! ENA IANTS, SU BORDINATIG ts laws ‘against us must be bi ing Massachusetts State Court. EACH THE PPORTUNITY OF VIEWING SAME WITH INDEPENDE! BEEN. KNOWINGL.' YAl ND Vi OLUNTARILY AND HAVE HAD UNDERSTANDING EACH OF "THE TERMS AND CONDITIONS SET FORTH HEREIN AND Sion iS ERSIGINED ACKNOW! LEDGES READING ANI ID FULLY CONCORD sn id its ogents, en iployees and ato: meys to gather and use any and all financial and/or credit int formation, consumer KNOWINGLY THIS. IARANTY or atherwis AND VOL! JUNTARILY. fect 05 an invalidation of the whole bereof iseretion and may provideany stich ered it information to others without rior consent. Invatida I's knowledge at our sole time to time without and all not invalidated parts shall be ent forceable, Undersigned acknowl 65 receipt ofa copy of this agreement email transmission of si; jgnoture fs enforceabl tion of any Past hereof shall not . Faesimile and e as an original signature. Witness my/our hand{s) und seal(s) this,