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JOHN BENKOVICH, JR. and
HARRIET BENKOVICH,
plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q,.. ,'//'1 'I CIVIL TERM
v.
GAIL HOFFMAN, t/d/b/a
HOSPITALITY HOUSE INTERIORS,
Defendant
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiffs, John Benkovich, Jr. and Harriet Benkovich are
husband and wife and thlllY reside at 449 Pawnee Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant, Gail Hoffman, is an adult individual d/b/a
Hospitality House Interiors wit.h offices at 110 Winfield, camp
Hill, Cumberland County, PlIlnnsylvania 17011.
3. On or about March 29, 1994, the Plaintiffs entered into
an agreement with the Defendant to purchase dining room furniture
from the Defendant for the purchase price of $12,558.00. A copy of
the customer. deposit receipt and the back of the deposit receipt
which sets forth the terms of the written agreement is attached
hereto as Plaintiffs' Exhibit "A".
4. On or about March 30, 1994, the Plaintiffs gave Defendant
a down payment in the amount of $5,000.00 toward the purchase price
of this furniture.
5. Under the terms of the agreement the estimated delivery
date of the dining room furniture would have been June 8, 1994.
6. The dining room furniture was delivered to the Plaintiffs
in August 1994 by the manufacturer but acceptance of the delivered
furniture was rejected by both the Defendant and the Plaintiffs due
to significant defects in quality and workmanship.
7. The Defendant agreed with Plaintiffs that delivery of the
furniture was rightfully rejected and advised Plaintiffs that
Defendant would provide replacement items of the same style and
quality as called for under the terms of the agreement.
8. A representative from the furniture manufacturer came to
Plaintiffs' home to view the defective furniture on August 29,
1994, and that representative confirmed that the furniture was
defective and would need to be replaced. It was understood that
the defective furniture was to remain in the Plaintiffs' dining
room until such time as it was replaced with acceptable furniture.
9. Defendant's attempts to provide Plaintiffs with
acceptable replacement items of furniture was unsuccessful.
Defendant attempted to provide Plaintiffs with a few items of
replacement furniture which were delivered by the furniture
manufacturer, but even these items which were delivered in October
1994 were defective and rightfully rejected by both the Defendant
and the Plaintiffs as failing to conform to the quality of the
furniture purchased under the terms of the agreement.
10. Several other replacement items of furniture which were
delivered to the Defendant from the furniture manufacturer in
October 1994 were defective and the Defendant rejected acceptance
of these items from the furniture manufacturer. These items
received by the Defendant in October 1994 and rejected by the
2
Defendant were never delivered to the Plaintiffs.
11. As of December 1994 the Defendant had not been able to
deliver the furniture purchased under the terms of the agreement.
12. In January 1995 all parties to this agreement agreed that
the agreement should be cancelled since the Defendant was unable to
provide the goods promised in the original agreement. The
furniture manufacturer agreed to the return of the defective
furniture and arranged to have it picked up and removed from
Plaintiffs' dining room in February 1995.
13. Under the terms of the agreement the Defendant is not
entitled to keep the down payment in the amount of $5,000.00 which
Plaintiffs paid to Defendant on March 30, 1994.
14. Plaintiffs have made numerous demands for the return of
their $5,000.00 down payment, but Defendant has refused and
continues to refuse to return the down payment.
WHEREFORE, Plaintiffs pray that this Honorable Court will
enter judgment in favor of Plaintiffs and against Defendant in the
amount of $5,000.00 plus interest to date from February 1, 1995,
plu~ court costs and any other relief which the Court deems fit.
Respectfully submitted,
;()4~/!~~~
R. Mark Thomas, Esquire
Attorney for Plaintiffs
54 E. Main street
Mechanicsburg, PA 17055
(717)697-4650
I.D. * 41301
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7. Admitted in part, Denied in part. It is denied that
Plaintiffs refused delivery. In fact, Plaintiffs accepted delivery
of the furniture and kept possession of such furniture in
Plaintiffs' residence until January, 1995 when Defendant was able
to negotiate return of the furniture to the manufacturer. It is
admitted that Defendant agreed that the quality of some of the
furniture was rightfully rejected. It is denied that Defendant
would provide replacement items. Defendant agreed to ontain
replacement items from the manufar:turer to enS\~l'e proper quality.
These woul.d be the exact same furniture . no sUbstitutions were
agreed to.
8. Admitted in part, Denied in part. It is denied that all
of the furniture delivered to Plaintiffs was defective. The
remainder of the averments in paragraph 8 are admitted.
9. Denied. Replacement items were received from the
manufacturer by Defendant, but when Defendant attempted delivery to
Plaintiffs, Plaint.tffr; refused deJ.ivery of said items, forcing
Defendant to incur significant storage costs to protect such items.
10. Denied. ReplaceMent items were received from the
manufacturer by Defendant, but when Defendant attempted delivery to
Plaintiffs, Plaintiffs refused delivery of said items, forcing
Defendant to incur significant storage costs to protect such items.
11. Denied. During the period from mid.October, 1994 until
December 14, 1995/ Plaintiffs told Defendant they were unsure
whether to wait for replacement pieces or to choose new furniture.
During that same period Defendant had tc store replacement items at
significant cost to Defendant. Plaintiff Harriet Benkovich told
Defendant on December 14/ 1994 that Plaintiffs changed their minds
and wanted new furniture. Defendant worked with Plaintiff Harriet
Benkovich and assisted Harriet Benkovich in selecting completely
new furniture. On the same December 14, 1994/ Plaintiff Harriet
Benkovich selected new furniture from Defendant. Defendant
verified with the manufacturer that such furniture selected by
Plaintiff was in stock and could be delivereci within 30 days.
Plaintiff told Defendant not to do anything until ~laintiff called.
1:2. Admitted in part / Denied in part. It is sped.f ically
denied that Defendant was unable to provide the goods promiRed in
the original Agreement. It is further denied that Defendant agreed
to cancel the Agreement due to Defendant/s inability to provide
said goods. On December 14, 1994, Plaintiffs chose different
furniture using Defendant/s services and resources to select such
furniture. On February 1, 1995 Plaintiffs informed Defendant that
Plaintiffs were going to purchase said furniture from someone other
than Defendant.
COt1N'1' XI
16. On or about August 24, 1994 and September I, 1994 the
Plaintiffs entered Defendant's store and removed several pictures.
Defendant sent invoices totalling $510.92 to Plaintiffs for said
pictures. Copies of said invoices are attached hereto as
Defendant's Exhibits "A" and "B".
17. Despite repeated demands from Def.endant, Plaintiffs have
refused to pay said invoices and have refused to return said
pictures to Defendant.
18. Under The Payment Terms of the Agraement between
Plaintiffs and Defendant, Plaintiffs are liable for Defendant's
costs and at torney fees incurred in collecting accounts, Defendant
has incurred costa and attorney's fees to collect this account and
continues to incur said costs and fees.
WHEREFORE, Defendant prays that this Honorable Court
enter judgment in favor of Defendant and against Plaintiff in the
amount of $510.92, plus attorney's fees, costs and any other
relief which this Court deems fit.
OOt1N'1' XII
19. The agreement between Plaintiffs and Defendant dated
March 29, 1994 specifically states that if Defendant renders
interior design services and the Plaintiffs decide not to purchase
products from Defendant, then Defendant's services will be billed
at hourly rates.
20. As described above, Defendant rendered services to
Plaintiffs to choose two sets of furniture, as well as to negotiate
return of furniture which was delivered to Plaintiffs but which
Plaintiffs chose not to keep.
21. At the time that Defendant rendered such services to
Plaintiffs, the hourly rate for such services was $50.00 per hour.
22. Defendant rendered services in excess of 156 hours in
total for all of the above described services, resulting in a fee
for services rendered to Plaintiffs of $7,800.00
23. In addition to such services rendered, Defendant incurred
out -of -pocket costs for ohipping, storage and delivery in the
amount of $1,200.00 for which Defendant has not been reimbursed by
Plaintiffs.
24. Further, Defendant has incurred costs and attorney's fees
to collect this amount, and continues to incur said costs and fees.
WHEREFORE, Defendant prays that this Honorable Court
enter judgment in favor of Defendant and against Plaintiff in the
amount of $9,1l00.00, plus attorney's fees, cosLs and any other
relief which this court deems fit.
ALTBRNATIVB COUN'l' I . QUAN'l'tlM MIIRUIT
In the event it is determined that no agreement existed in
fact or law between Plaintiff and Defendant as alleged in
Plaintiffo' Complaint, the Defendant alleges as follows~
25. On March 29, 1994, the Defendant, at the request of the
Plaintiffs and with the Plaintiffs' knowledge and acquiescence,
rendered services to assist Plaintiffs in choosing custom
manufactured furniture.
26. In addition to such services, Defendant subsequently
negotiated the return of such furniture to the manufacturer when
Plaintiffs changed their minds and purchased different furniture.
27. Defendants hourly rate at the time such services rendered
was $50.00 p~r hour, and Defendant rendered services in excess of
156 hours on behalf of Plaintif fs.
28. In the course of rendering such services, the Defendant
was required to and did furnish the following expenses on behalf of
Plaintiffs ~ shipping, storage, delivery charges, equaling
$1,200.00.
29. Said amounts represent the fair market value of said
labor and expenses at the time they were furnished.
30.
value of
due.
Plaintiffs have refused to pay defendant fair market
the materials and labor furnished, although the same is
WHEREFORE, Defendant prays that this Honorable Court
dismiss Plaintiff's Complaint and enter judgment in favor of
Defendant and against Plaintiffs in the amount of $9,000.0, plus
court costs and any other relief which this Court deems fit.
\I If'tTl\X,1
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: "1111i
MURREL R. W ALTERS, III
R. MARK TIIOMAS
AUorneys at L.IIw
54 Ewlt Mllln Strl'et
Mechllnlcsburll. Pl1l1l1sylVllnl1l 17055-3851
(717) 697....650
FAX (717) 697-9395
March 13/ 1995
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MiChael Cherewka, Esquire
3905 N. Front street
Harrisburg, PA 17110
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Mr. , Mrs. John A. Benltoviah, Jr. ""..
Your client: Hospitality House Interiors;'
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Dear Mr. Cherewka:
Please be advised that I repres~nt Mr. & Mrs. Benkovich with
regard to any outstanding matters bet....een them and Hospitality
House Interiors, Inc. I have reviewed the sales agreements dated
March 29/ 1994 and June 25/ 1994 r which form the basis of the
relationship between these parties. Under the March 29/ 1994
agreement Mr. & Mr.-a. Benkovich agreed to purchase dining room
furniture from Hospitality House Interiors, Inc. for $12,558/ plus
tax in the amount of $753.48. On March 30, 1994 Mr. & Mrs.
Benkovich made an initial deposit of $5/000 toward this purchase
price. On June 25/ 1994 a separate agreement was entered in which
Mr. & Mrs. Benkovich paid $720 plus tax in the amount of $16.20 for
the upholstery of the dining room chairs.
My reading of the contract establishes the following relevant
terms:
1. Hospitality House Interiors, Inc., receives it
compensation in the form of customary trade mark-Ups on products.
There is no other form of compensation for Hospitality House
Interiors, Inc. set forth in the agreement.
2. The items purchased would be considered non-stock
items since Hospitality House Interiors had to order the items from
Wellington Hall, a furniture manufacturer located in North
Carolina.
3. Customer cancellations of non-stock merchandise
specially ordered for the customer are permitted when the order can
be cancelled by the supplier. In this case, Wellington Hall, as
the suppl ier, agreed to the cancellation of this purchase. (See
letter from Wellington Hall dated January 6, 1995.)
Exhibit D
Michael Cherewka, Esquire
-2-
February 27, 1,995
4. Al though the contract states that special order
it,ems may not be cancelled or returned, nor will refunds be made of
any monies paid toward "specil.ll order" purchases, this language is
ambiguous and contradicts the language on the front side of the
agreement which states that non-stock items specially ordered for
the customer can be cancelled by the agreement of the supplier.
Therefore, since the supplier in this case agreed to the
cancellation of the order the language on the frant side of the
agreement would be controlling.
5. Since the agreement also states that Hospitality
House Interiors receives its comppnsation in the form of customary
trade mark-ups on products, the $5,000 paid hy Mr. & Mrs. Benkovich
should not be considered compensatien fer Hospitality Rouse
Interiors.
With regard to any claim that your client may have with regard
to keeping the deposit monies paid, the validity of that claim is
dependent upon whether Mr. & Mrs. Benkcv:.ch l::reached the sales
agreement. Since Mr. & Mrs. Benkovich d:d net l::reach the agreement
in any form, I would state merely that Hcspitality House Interiors
is not entitled to any monies.
My statement that Mr. & Mrs. Benkcvich did not breach the
sales agreement is based upon the factual history of this case
which is as follows:
The original order of the furniture states that delivery was
to be in May 1994 I however I the furniture did not arrive until
August 8, 1994. The furnit".lre that did arrive was totally
unacceptable and defective. '{our client agreed that the furniture
delivered in August 1994 was defective as evidenced by her letter
dated January 9, 1995. The items that were defective were not
replaced until either late October or early Novem.ber 1994, and
again, these replacement items were identified by your client as
being "totally unacceptable". Please see your client's letter of
January 9, 1995.
Although your client states that certain items were held in
storage at her expense since October, Mr. & Mrs. Benkovich were not
made aware of any items that were being held in storage by your
client. The statement in your letter that Mrs. Benkovich decided
that she no longer wanted to wait for replacement pieces was not
made by Mrs. Benkovich until after a dining room chair leg broke on
Christmas Day. By this time Mr. & Mrs. Benkovich had been awaiting
delivery of acceptable furniture for over a periOd of seven (7)
months. They had given the seller an OPPoI'tunity to cure this
defect, but the seller was unable to cure this defect within a
reasonable amount of time. The cooperation of Mr. & Mrs. Benkovich
over a period of what has now been ten (10) months certainly does
not indicate that they have in any way breached their agreement.
Michael Cherewka, Esquire
-3-
February 27, 1995
Thtl agreement has rlow been cancelled with the consent ot aU
partie. involved. Mr. & Mrs. Benkovich should be made whole which
would mean that the $5,000 deposit should be returned in tull. In
an attempt to amicably resolve this matter and not proceed to
litigation, Mr. & Mrs. Benkovich are willing to allow Hospitality
House Interiors to keep $1,250 ot the initial $5,000 payment.
Also, mr clients advise me that they purchased two pictures trom
your cl ent at a cost ot $535.92. The cost ot those two pictures
should be deducted trom the monies paid to Mr. & Mrs. Benkovich.
With regard to the separate agreement concerning the
upholstery on the chairs, tor which my clients paid $736.20, my
clients believe they are entitled to a retund of $180 which is the
labor costs tor the upholstering of six chairs. This labor cost is
taken trom the invoice of your client dated June 23, 1994. Mr. &
Mrs. Benkovich have lost faith in Wellington Hall and do not desire
to have Wellington Hall transfer the upholstery to the new dining
room chairs purchased by my clients.
The total monies due and oWing to Mr. & Mrs. Benkovich is as
follows:
$3,214.08 ($5,000 payment minus $1,~50 and $535.92)
S 130.00 (Labor cost tor upholstering six chairs)
$3,394.08
The $3,394.08 should be returned eo Mr. & Mra. Benkovich by
April 15, 1995. I feel that this proposal is more then fair and
suggest that your client accept these terms under the
circumstances. It is regrettable thae she was unable to complete
the sale and receive compensation in the fo~ of a commission, but
that does not mean she is entitled to the monies paid by Mr. & Mrs.
Benkovich for ~hich they received no consideration. In the event
that the monies have noe been returned by April 15, 1995, Mr. &
Mrs. Benkovich will take legal action to recover the entire
$5,180.00 which is owed to them.
Very truly yours,
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R. Mark Thomas, Esquire
RHT/mlr
ce: Hr. & Mrs. John A. Benkovich, Jr.
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HARHIET BENKOVIcH, I
Plaintitfs I
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GAIL HOFFMAN, t/d/bl a ' I
HOSPITALITY HOUSE INTERIORS, I
Detendant I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-3794 CIVIL TERM
CIVIL ACTION " LAW
PLAINTIFFS' RBPLY TO DBFBNDANT'S COUNTBRCLAIMS
COUNT I
15. Admitted in part, and denied in part. It is admitted
that the payment terms of the agreement specifically state that the
Detendant is entitled to attorney's fees if the Defendant incurs
reasonable costs of collection ineluding attorney's fees. However,
it is denied that in this case the Defendant ever attempted to
colleet amounts under the Agreement, nor was Defenr;lant ever
entitled to any payments under this agreement since the Defendant
never delivered acceptable goods to the Plaintiffs,
WHEREFORE, Plaintiff prays that this Honorable Court will
enter judgement in favor of the Plaintiffs in this counter"claim
and against the Defendant for any attorney's fees and costs
ineurred by the Defendant in this matter.
COUNT II
16. Denied. It is specifically denied that this allegation
as characterized by the Defendant is an accurate statement. The
Plaintiffs purehased several pietures from the Defendant and the
purehase priee of those pictures was approximately $510.92.
Defendant is hOlding $5,000.00 of the Plaintiffs' money and the
Pla1ntitfs are not going to pay any additional money to Defendant
until they have received a full refund.
17. Denied. It is speeitieally denied that Defendant has at
any time made a demand upon the Plaintiffs to either pay the
invoiees mentioned or to return the pieturea. Plaintifts demand
striet proof of this allegation at time of trial.
18, Denied. It is denied that Plaintiffs are liable for
Detendant's costs and attorney's fees in this matter. The payment
terma of the agreement referred to by the Defendant do not apply to
this situation,
WHEREFORE, Plaintiffs pray that this Honorable Court will
enter jUdgment in favor of Plaintiffs and against the Defendant on
this eounter-claim.
COUNT III
19, Admitted in part, denied in part, It is admitted that the
agreement does state that interior design serviees may be billed at
an hourly rate but it is denied that that clause applies to this
situation. The Defendant did not provide Plaintiffs with interior
design serviees but merely agreed to sell to Plaintiffs certain
turniture, The Defendant failed to perform under the terms of the
sales agreement and thereby breached the agreement and therefore
the Plaintiffs are not responsible for any oosts under this
agreement,
20. Denied, It is spec if ically denied that the Defendant
ever delivered furniture to the Plaintiffs which was not defeetive.
2
Any decision by the Plaintitts not to aceept the furniture was due
to the deteots and the Defendant continuously agreed that the
turniture delivered to Plaintiffs was in faet defeetive, By way of
turther answer, any services rendered by the Defendant were
rendered with the hope of being able to complete the transaetion
and reeeive a commission. Those services were not rendered for the
purpose of receiving an hourly rate,
21, Denied, The Plaintiffs are without suffieient
information to either admit or deny this allegation and therefore
it is denied and striet proof thereof demanded at time of trial.
22, Denied. The Plaintiffs are without sufficient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial,
23, Denied. The Plaintiffs are without sufficient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial,
24. Denied. The Plaintiffs are without sufficient
information to either admit or deny thi~ allegation and therefore
it is denied and strict proof thereof demanded at time of trial.
WHEREFORE, Plaintiffs pray this Honorable Court will enter
judgment in favor of Plaintiffs and against the Defendant on this
counter-claim.
ALTERNATIVE COUNT I - QUANTUM MERUIT
25, Denied, Plaintiff sought to purchase furniture from
Defendant. This was a sales agreement not a servioes agreement.
3
26, Admitted in part, denied in part. It is admitted that
the Defendant helped the Plaintiffs negotiete a return of the
furniture which had been delivered to the Plaintiffs, but it is
denied that this furniture was returned due to the plaintiffs
ohanging their minds. The furniture was returned beeause it was
deteetive and approximately 12 months had passed since the
agreement to purchase had been cbnsummated.
27, Denied. 'rhe Plaintiffs are without suff ieient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial,
28, Denied. The Plaintiffs are without suffieient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial.
29. Denied, The Plaintiffs are without sufficient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial.
30, Denied. The Plaintiffs are without sufficient
information to either admit or deny this allegation and therefore
it is denied and strict proof thereof demanded at time of trial,
By way of further answer it is denied that Defendant provided
Plaintiffs with materials and labor.
WHEREFORE, Plaintiffs pray this Honorable Court will enter a
judgment in favor of Plaintiffs and against the Defendant from this
olaim.
4.
lLT.RHlTIVB COUNT II . BRElCH or SETTLEMENT AORIBKBNT
31. Denied. The agreement reached on september 26, 1995,
speeitieally stated that the Plaintiffs were to receive $2,500,00
trom the Detendant as full and final settlement of all claims
between the parties. The Defendant attempted to give the
Plaintiffs less than $2,500.00 and now claims that the Plaintiffs
breached the settlement agreement. The correspondenee clearly
shows that the Plaintiffs expected to receive $2,500.00,
32, Admitted. By way of further answer, the understanding
was that Plaintiffs would receive $2,500.00 and all el.aims would be
resolved,
33, Denied, The check forwarded to Plaintiffs' counsel by
Defendant's oounsel on January 3, 1996 was in the amol.lnt of
$1,964.08 which is substantially lower than the $2,500.00 agreed
upon by the parties,
34. Denied. This allegation is a conclusion of law to whieh
no responsive pleading is required and therefore same i~ denied.
35. Denied, Plaintiffs are without sufficient information
following reasonable investigation to either affirm or deny this
allegation and therefore same is denied and strict thereof demanded
at trial, By way of further answer, if the Defendant did incur
additional costs and expenses the Plaintiffs are not liable for
those additional costs and expenses,
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JOHN BENKOVIcH, JR. and
HARRIET BENKOVIclI,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 91S-3794 CIVIL TERM
v.
GAIL HOFFMAN, t/d/b/a
HOSPITALITY HOUSE INTERIORS,
Defendant
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF aRBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
,
R. M~rk Thomas. Esouire. counsel for the plaintiffs in the above aetion,
(or actions) respectfully represents that:
1, The above-captioned action (or actions) is (ar~) at issue,
~. The amount sought in damages is $5.000.00 olus interest and
costs.
The counterclaim of the defendant in the aetion is $9.000,00
Dlus interest. cost and allQrnev's fees.,
The following attorneys are interested in the case (s) as counselor are
otherwise disqualified to sit as arbitrators: R. Mark Thomas. Esouire
and ~ichael Cherewka. Esouire.
WHEREFORE, your petitioner prays your Honorable Court to appoint three
(3) arbitrators to whom the case shall be submitted,
Respectfully SUb~itted,
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R, MARK THOMAS, ESQUIRE
ORDER OF CO!.!F..T
AND NOW,~~n?~~ I~. 1996, in consideration of the foregoing
petition, {J:,Il1JL L,'l\uhAV Esq. ._.6',. ?~U\L L/b~AI . Esq.,
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and~m..6,L 1171.'&Ls';:Sq., are appointed arbitrators in the above-
captioned action (or actions) as prayed for.
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Or-l'l~lf_TMY
96 O~C , 8 MI 9103
CUMI~f.fl'j~~Cl (;OUNTY
fJENNSYLVANIA
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HARRIET BEN KOVICH,
Plelntlffe
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 96-3794 CIVIL rERM
v.
GAIL HOFFMAN, t/d/b/a
HOSPITALITY HOUSE INTERIORS,
Defendant
OATH
We do solemnly swear (or affirml thet we will support, obey and defend the Constitution of the
United States end the Constitution of this Commonweelth end thet we will dlscherge the duties of our
offl~ with fidelity.
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AWARD
We, the undersigned erbltretors, having been duly appointed and sworn (or affirmedl, make the
following award:
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Arbitretor, dissants. (Insert nnm. if applic.bI..1
Date of Hearing: Mon.. Februarv 24. 1997
Data of Award: fib '.2y ,'1'7'7
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