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Home My WebLink About98-01158 .., . l- r ' SECCO INC. ELECTRICAL a REFRIGERATION 1111 Primrose Avenue CAMP HILL. PA 17011 (717)737'2142 PROPOSAL B-211-CZ Mrs. Stamm's BBQ Chicken 53 Helslers Lane Carlisle. PA 17013 Atrention: Lee May 14, 1996 Phone: 243-3508 Subject: New gas furnace and air conditioning Nancy's Art Studio We are pleased fo propose the following labor and materials to provide a new gas furnace and air conditioning system at the above referenced locar/on: .. " One new TRANE 80+ gas furnace with a 3-1/2 ton matching air conditioning coil and conditioning unit. The condensing will be installed in front of the building with a disconnect switch, Tile gas furnace and coif will be instalfed at the location of the existing rurnace. A.it ,,'.;1cessary electrical, conden.sate and refrigerant connections to the equipment. ;",I{iscei:aneous ductwork rs\.'isions to connect to the new l. ~ J. 4. 3r.st~r::. :; vear warranty on the air conditioning equipment and a 20 fear prorated heat exchanger limited warranty. fl']isceflpmeous gas line connections to the gas furnace. .; ~. rOTAL INVESTMENT: t;:' ~ 4,063.00 To r.;r::J'tI',tj(- ~, "'2:;:kao'i'd gas heat/electric cooli"g Lrnit at tf"ii,! e~tf!ri~1r of ehr- . . - . blilidir;g ~JHJ ~;u::;lwor;:. connections to t,ie eXisting ~:.'{S(;:!T11n iir-..(..' :Jf ,he -...c". -<-- r.....'---e the TOTAl 'NVES7......EfIT..,;" "-0' ~ 1'\ -'("1 "0 :."":,,," .\ e .-.jl'.!.... L41 ,,~.... . _, ",., .\: I "J,I! Io..C", .... __._-t;,. ..... . r-. f .l....J,.. "./J JI -'_.1-r' Invoice B-212-CZ September 170 1996 . SECCO INC. ELECTRICAL & RJFRIGERATION 1111 Primrose Avenue CAMP HILL, PA 17011 (717) 737.2142 RE: Nancy's Art Studio Gas Furnace Replacement Mrs. Stamm's 88Q Chicken ,63' Heislers lta-n:e31 Carlisle, PA. 17013. Attention: Lee .. .- , &t}~1J I ..............r9................................................................................. Furnish and install a complete gas furnace and air conditioning replacement as per our proposal. - -'''--... TOTAL INVESTMENT: PAYMENT RECEIVED: TOTAL AMOUNT NOW DUE: $ 4,063,00 o $ 4,063,00 (Po q Ag -J 1& 72. 45. Invoice Terms: Net Amour,t Due 20 Days from Invoice Date. ..... 7'/5w ~ D. ffo(,)x \ .zS;7", 4 :.' ;v.7"1}'WJ ". I'> I....... I '- WiR 2 0 1997 '5t~".',J iI. 5:30(.;:1,...... '-, -F I,rO 46 !;I.j'l - Eq'Jal Opport:1mty Employer .- E,t.f,;/'/f "8" " "0" -.. _ . 1- r ' December 3, 1996 Invoic;e B-64ft3, >' SECCO, INC. ELECTRICAL & REFRIGERATION 1111 Primrose Avenue CAMP Hill. PA 17011 (717) 737-2142 .":. " , , ' RE: Replace water neater Replace heating system Stamm Residence lo~{ Mrs, Stamms BBa Chicken 53 Heisler ume Carlisle, PA 17013 Attention: Lee j, , , ,- ..........................................................,...................................... Job Number: 6$ l .~ '(";''''"1. , . . V Ill/I I I . :,' J ", . .- Remove exi~ting boiier and radiatio'n a~d in~sce'lrane6us;piplng tnrolighouniouse, Furnish and in'stall one (~) 50 gallon electrie"Water ti~ater. :... I . ,'. Furnish and install (1) complete'propane fired ~O plV;;, TRANE ga~ fUflJace. dUJ:t\Yprk; controls, electric. ai~ cpooitioning, refrigerant piping, diffusers and return grilles. , , ~...."~ ..... t l/j/</7 " ,-I II.' ..."' ?C11j l.~ f" "" - - ... ' DI,- . t"i,.::.. -, I~ SCI._.~~L-L~ ....: J .) _i,'i''':: , ,. . ..1- TOTAL INVESTMENT: $ 14,325,00 ,\. , '; "'TOTAL DEPOSIT RECEiVED: $ 00 ...... :':/ ..:rOT AL AMOUNi=-NOV" DUE: ~' "" '" ... _'I " ...1'- $ 14,325.00 :'"'. !, ,',- .' -.. '..:..' '\ , J ,':.1 !,/ , ' \ .' ...... -.I '..71 .... '. ',. \' \ ........ .' 'J. :-: 'I .- j' .' , .0/ I ,_1-0,/ Invoice "ier:;ls: Net t.mount Due 20 ~ai's from ir,vcice Date, , ' -( 14- 3'LCi X I. S.. '" /71.()b )( IOM.o::' I /! /) !~ ; , 'L.{J/! ~ v-"';.......... 17 q O. CoO .. ,', " ,~r' SECCO, INC. ELECTRICAL & REFRIGERATION 1111 Primrose Avenue CAMP HILL, PA 17011 (717) 737.2142 Mrs Stlllllm 's C/ticken . Residence l1etlting tlntl Air Conditioning SJ',~.tmll Ilrellkdo",n OC11I11l'1'24, 1997 :\1utcriah 'ITXOlitl comJclI,lnl! unll S 2.452,[111 1 TXC061 cull 4:;4,UO I TlJC120 l!u~ furnuce 1.524.011 1 Ucrrmldilicr 2000 humidlllcr !91.~1 I . \,(), Smith wutCl' hell leI' !93.00 t !'ropune kit 27.11 21 feet. ~"" X 21' bluck ,tee! plpc 12,81 21 reet . ',;" x 21" hlock stceI pipe 18."9 1 5/8" ~ ~:~ hra,. aduph'r 1.15 J 3!f1" brllck 1111 threud rod ' ,~ ........ J .'" c1evi, hungers 3.1<' .Ill fe~ol . l-1.'H" ACI~ pil'~'amJ Insullltloll IllH,!ltl 0' t .liS" 90 degree clllo\t 15.411 .l 3" I've '10 degree clllolt" 4,71 1 J I&C 1 fJx6 ~idewull regl,.ter JAR .j W"x 1(1" ceiling dln'user J \l'u~' 95,2;; I (,"x 6" ceiling din'u.cl'.1 W:I~' l(..I~ 1 8" x 8" ctiling cJilfu.cI' 4 \l'u~' 111,(.6 to "" x fI" ceiling dill'u'el's .I WII~' 9';,3(1 1 14" x S" lIir grille Z.l}{j i 25" x 211" returnui.. grill., 12.S1 I 2(1" x 20" relurnuir grille 10.94 I 12" :t 12" return air grlll.- .1.21 .\ 14" x 6" return nir glille (',90 .. 14" s (," .Idewall regi'ter 11.42 2 4" x 14" fluor I'egistcrs fl.7!l ,; II" 'pin tllting with dump' r 2(;.U,1 , 7" !pln titting with dampe:' 15,<)4 .j Goo .pinl1tting wilh dumpe,' 27.72 Z 8" .pln lilting 110 dUll1pcr 7.H2 J 7~ ~pin lilting no d:tmper 13,56 1 Ill" ~pill in no dumper 4,41,) , J" t 14" ): H" rCJ{I~tcr h(lols 13,02 . S" x Ii" dill'u.cr box 1~,3J 1 Ii" x 7" ditTu,cr hox K62 -, :~" gah', FurnHct' ('lh!l"~; 3,"2 ,; Ii", 25' lh'x duel 45.(;0 .' '7" x 25' !lex dIlL'. 49,59 " ~:.. A ~~. nl':'~ ducl !01I.~I!l lit" x 2~' IIt'X ""rt 2,1.:I1i ..........,. .;-..... . " E,d,;b,-.,. t!..-,J. : -, " .', ,'-r' SECCO, INC, ELECTRICAL" REFRIGERATION 1111 Primrose Avenue CAMP HILL, PA 17011 (717) 737.2142 TOTAL \L.\ T ERIALS 2fl,6Il i.ul 32.1: " ,. t.,;}.. li.l1 ~."l) .39.% ".1l7 o.n: :;.~7 011).,10 :.7.(jt) i2,1tl c...1I\ B.1J1l 11.i)(1 ~4.11~ 3UlI 7.90 1;..801 61..12 l.P8 9.H6 7.'IIi t:.~,g 19;\,311 .1!/6,UH .j.j.OO 37.80 31.111,1 hi.88 ri.JII 1.9il 11i.25 (}.xr, .;~.fiu 2-I.6!; .11,50 4.50 :;S,21t 3' 1)" .1.,.... 4>l,t,I, . 7Jf;1.0'; .' in 12" x 25' l1ex duct 12" 11011' Lolbow 10" x 10" x H" celllnll oullt,! H" x IJ" x 7" cdllug oull, I Ii" x fI" x ti" cellinI! oullet !I" tul,colT Ii" scoop allLl dumper 6" (mil to round boot 6" scoop Unit dUlllper 6" o\'ul to ,'ound sh'eel hOD I 6" :Ie 60" o\'ul pipe 7" x 60" o\'ul pille Il" x 60" 11\'01 pipe 6" I;ul\' 90 1Il':;l'e. elhow i" 11,,11' 90 de!(I'c(' clho" B" guJ\' 1)1) del!I'\'r e1l1ll'\ W' ~ 1~" ~: .1' lun~ ducihnard 8" X Ii" ll: -4' lonll Liuetiloard fl" dUlllpe!' scctlon 12" x 22" X .j'long duelhounJ 01' X Ill' Ion!.: uuctboul'd 12" 'pin rolllll'S 10" 'pin wllurs 7" spin collurs J-l/.j" x 101" x 7" 90 de~rce stacl: 1 Iiltl.r ruck I'nl'uh duct"",,'l. f1'olll Hummer EquiplIlcnt 1 condellslIte pUlllp I thermoslllt unt! sUbhlls,' Square D hrclIkel's Square J) sufel)' switch ~'i" curn".x Y." sln,i~ht connectol' thermoslnt wire HCcr.pt;lcle wllh 110x and eonl' Durugrid pud ~i1>'Cr lInd ~rc)' tllpcS ::18" suft cappe!' .lIS" ,'in)'1 tubing ,~" plastic pipe ,mf fitrin~s .\/Ii" lI11lhl'L'ud rnu, h"n~l'r', nut,;, Wltshcrs 'II1U l;illd:,rf ducl seuler III1U cUlllkill/l i 1 1 1 ~ 1 1 t 01 I I 1 III III :: :. l J 1 iI .I .. : I"J:j l"'"i :~(l rt.~.t ,.:Jh'\') . .)11 f,',,! jli iL:t~ .. .. :; E :. :; ~.. 111\'01 CE" BALAi'CE ['HTE 0~:~51 ~74,9~ 1~/10/9~ Page I of I~RS STAMM' 5 BBQ CHICKEN 53 HEISERS LAI~E CARLISLE PA 17013 MRS STHI~I~I S BBa CH I CKEN 2133 MARKET STREET CAI~P HILL PA 17011 (717) 243-3508 (717) 0iZ'0-0000 e'UANT I TV DESCRI~'T10N AMOIJNTS TOTALS Ticket 1~IJmbel': 17653 Date of 5el'vlce: 11/~E,/';o~ Service Rddress: 2133 MARMET STREET "j:'LEASE REFER TO YOUR SIGNED I~CIRr. ORDER FOR "ORK PERFORI1ED" TI'i p Chal'ge Ons it e Lebol': 2, 25 HRS H\'AC SE R',' I CE TECHN I C I AI~ 2.25 Totel Dnsite Laber e5,50 Pat.ts: 5 LEIS REFRIGERANT R-12 30 L~,S CYLjI,['ER To":.: 1 ~'~I.ts 29C. 1~10 rr.i:ce;l='!"leol.ls ~telTis: ::\'HCLiATlDN FEE TC';::CH F:::: Tot~.i Mi!cel1aneol.l~ 2(ll.1.?1~ :,00 ~:n4/'11.. ilil -4.I'LXq/'M'l:3/~~!.1~?lMo ~ 3/2 kS- of 10(10 ~o . ::;" :: ., :'C'/f'. .. .' .,~ 1,/",., .' " ... wo-........, 1"';t,!..~.,L...- ''fu o~ '7 P:3;) 7'-1 'i F=:'""' = '::3-2: 1 :.4~:i.:: oLE- 71)TH. ~:., r<4:'KI~If.,; T ~':. i :. ':'~I!CII~t!Jj [lllE. ~'AI~,E';T ['u-:: U~'C'!1 RECElr.-T OF ',.'JL'R lfI','OICE' THt,hh ,.OU FOr. ,'OUR BUSlIJEE,E" 17,25 85.50 .::90.0~ 28.00 ..~,;I). 75 1. 04 I~. 0171 42j. i3 ~ '3 ( 1.. DU E [;"j: bit- . 1) . I'" , ... - " v , :> . !-4 "'- ~'1 , ~~ i :::-- .. !:-~ c ;' 0 ____0___4_ ~ W- e I~~ ' 0 ' ... ,r' I ~ ~ i u ... LJ .~ ....: J i \.1 11 :, ~-:- 'I ' , 0; r ~ I , "1-00-<,,,, .. 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I I Cl z z w z -..; , I z - in Co w !:::! -~ , I I ~ I I I I ct >- J: rn ! a: l- I- CD 0 a: I I I I I w >' ~ ~ '... , o " ! u: ,\!', i ! \\\\lta\11t Of'tttttBYII1. 8724 (1;;1).' ;!!I,purlm,"! of ~tu" 'l1ltli, 74, CERTIFICATE OF INCORPORATION @{fite of iqe ~ettehtr~ of tqe <1Iottttttlluwettltq uro !,-ll to ~~om 'm~ese 'resents ~~all <1lome, ~reetinB: ~ h er ens, Under the provisions of the Laws of the Commonwealth, the Secretary of the Cammon wealth Is au~horlzed and required to Issue a "Certificate of Incorporation" evidencing the incorporation of an entity. ~~erens, The stipulations and conditions of the Law have been fully complied with by MRS. STAMM'S BAR B Q, INC. 'm~erefore, ttRnofu lfI e, That subject /0 the Constitution of this Commonwealth, and under the autharlty of the Laws thereof, 1710 by these presents, which [have caused /0 be sealed with the Great Seal of the Commonwealth. declare and certify the creation, erection and incorporation of the above in deed and In law by the name chosen hereinbefore specified, Such corporation shall have and enjoy and shall be subject to all the powers, dutieso requirements. and restrictions, specified and enjOined In and by the applicable laws of this Commonwealth, ~ib en under my Hand and the Great Seal of the Commonwealth, at the City of Harrisburg, this 1 2 t h day of 11 ill" chin {he year of our Lord one thousand nine hundred and e I 9h -t y-seven and of the Commonwealth he two hundred eleventh .... ti't 2 4 '1'.:1 a OSCD DeL-204m.v O'12I'~ (), TIll' Ililml"" und 11U"l! UI1il'L' .Hltlrt's!'( l'S) of l'.I(,;h Irll'orpllfillort s) and the number and cli.lss or shares suh- sl'l'llJl'd hY!'tI1t II Inl'lllporillnn "lIIS (ilfl'I; loA"', AU:JRt$S ~UI,IOEA AND CLASS 0' SHA"n 1111,...11.",. "'11'" ..... '''~''Ib'' .1 '"" Mary F. Stamm 53 Heisers Lane, Carlisle, PA 1 - common - N. Lee Stamm 53 lIeisers Lane" Carlisle, PA 1 - common , ' IN TESTIMONY WHEREOF, the Incorporator(s) has (have) signed and sealed these Articles of Incor. poratlon this II _ day of March . 19-.!l1.;! L I (SEAL) ,:.P. .,L-<'...:.l't~'t4.".-,- r;-- /11',...~"7 '- '-....1 , ' . -,' :/f,,_,I/...,_ _' _...J , ..s'..L~l..~...,'t...,....,......--' ---- ../ (SEAL) (SEAL) INSTRUCTIONS FOR COMPLETION OF FOR,\I: A, For general Instructions relating to the Incorporation of business corporations see J 9 Pa, Code Ch, 35 (relating to business corporations generally), These Instructions relate to such malleI'S as corporate name, staled purposes, term of existence, authorized share structure and related authority of the board of directors. Inclusion of names of first directors In the Articles of tncorporationo optional provisions on cumulative voting for election of directors, etc, 8, One or more corporations or natural persons of full age may incorporate a business corporation, C, Optional pruvisiuns required or authorized by law may be added as Paragraphs;. 8, C] . ete, D. The folluwing shall accompany this form: (I) Three copies of Form DSCB: BCL-206 (Registry Statemelll Domestic or Foreign Bu,mess Corporation). (2) Any necessary copies or Form DSCB: 1 ;,2 (Consent to Appropriation or Name) or Form DSCB;) ;,:) (Consent to Use of Similar Name), (3) Any necessary ~overnmcl1lal approvals, 25. Denied. Counts One and '1\/0 of SOCCO's Complaint speak for themselves, and all characterizations of than are denied to the extent that said characterizations deviate from the specific language of Counts One and '1\/0. 26. Denied. The averrrents of paragraph 25 of this Reply to New Matter II are hereby adopted by reference and incorporated herein. 27. Denied, This paragraph of Defendant's New Matter constitutes a legal conclusion to which no further reply is necessary. By way of further reply: (a) The averrrents of paragraph 25 of this Reply to New Matter II are hereby adopted by reference and incorporated herein; (b) The statute cited by Defendant does not govern either of the contracts at issue because neither contract is "a contract for the sale of goods" within the meaning of the statute; and/or (c) To the extent any statute of frauds applies, which is denied, its requirements are satisfied with respect to both of the contracts identified in Counts One and '1\/0, ~ 13 Pa. Cons. Stat, Ann. 52201 (b) , (c) (1), & (c) (3) (Purdon's 1984) and/or 13 Pa. Cons. Stat, Ann. 51206 (c) (3) (ii) & (c) (3) (iv) (Purdon's Supp. 1998). - 3 - 28. Denied. The averments of paragraph 27 of this Reply to New Matter II are hereby adopted by reference and incorporated herein. WHEREFORE, SEX:CO continues to danand jungment in its favor as rrore fully set forth in its Calplaint. REPLY TO CXlUNl'ElOAIM 29. Denied. To the contrary, SECCO inspected its own work subsequent to canpletion, through Chuck Zogby (arrong others), and found no problems or "damage" whatsoever. By way of further reply, Lee Stamn indicated to Chuck Zogby, subsequent to canpletion of the projects, that he was "extrenely satisfied," that he would pay for "Nancy's Art Studio" work in a lump sum in full, and that he would pay in full for the work on his residence, but would have to do so in install1rents because he did not have the rroney to pay in a lump sum. 30. Denied. The averments of paragraph 29 of this Reply to Counterclaim are hereby adopted by reference and incorporated herein. Beyond this, after reasonable investigation, SECCO is without knowl- edge or infonnation sufficient to form a belief as to the truth of the matters asserted. Strict proof is demanded. 31. Denied. The averments of paragraph 30 of this Reply to Counterclaim are hereby adopted by reference and incorporated herein. I" - 4 - , "~ III. ARGUMENT TIle proper way to challenge the validity of 0 party's preliminary objections is by filing preliminary objecticns to that party's preliminary objections, Pa,R.Civ.P. No. 1028; Chester Upland School District v, Yesavage, 653 A,2d 1319 (Po. Cmwlth. 1994), "TIle test on preliminary objections is whether it is clear and free from doubt from all of the facts pleaded that the pleader will be unable to prove facts legally sufficient to establish his right to relief," Bower v, Bower, 531 Pa, 54, 61 I A,2d 181 (1992). A, Mr. Stamm's Preliminary Objections Are Improper A court has an inherent power to strike a pleading where that pleading does not conform to a rule of law. Downingtown Commons COl/dominium Assoc, v, Lal, 4 I 7 Pa. Super, 140, 611 A,2d 1304 (1992), appeal denied, 534 Pa. 639, 626 A.2d 1158. An allegation that one party did not enter into a contract with another party "cannot be raised by preliminary objection. This factual argument based on the theory of misidentification falls within none of the categories" of preliminary objections contained in the Pennsylvania Rules of Civil Procedure. Trevellini v, West Really Company, 289 Pa. Super. 84, 432 A,2d 1062, 1064 (1981), Such allegations are properly raised in an answer to the Complaint. ld. In the present case, Secco alleged that Mr. Stamm, along with Defendant Mrs, Stamm, does business as "Mrs, Stamm's Barbecue Chicken." (Complaint, 11 2A), The Complaint further alleges that Mr. Stamm entered into several contracts with Secco. (Complaint, 113). 3 '. TIle allegations made in Mr. Slamm's first preliminary objection merely contradict the factual allcgations contained in Secco's Complaint. Specifically, Mr. Slamm averred that he does not do busincss as "Mrs, Stamm's Barbecue Chicken," and he was not a party to the contracts with Secco. (Defendant's Prelim. Objs" ~'s I and 2; AIT. attaehed to Prelim. Objs., ~ 4), Bascd on these allegations, Mr. Stamm incorrectly concludes that this Court does not possess personal jurisdiction over him,! Id, Howcver, even if Mr. Stamm's allegations are correct, he has improperly raised them in his preliminary objections. Mr. Stamm's preliminary objections, as outlined above, are improper because the allegations contained in them merely assert that Mr. Stamm was not party to the contracts with Secco, Such a defense, is properly raised in an answer, not preliminary objections, Trevellini, supra. Essentially, Mr, Stamm's preliminary objections constitute an answer to the Complaint, but are improperly labeled as preliminary objections and improperly request this Court to dismiss Secco's Complaint against him despite the factual disputes raised in them, Therefore, Mr, Stamm's preliminary objections to Secco's Complaint should be stricken for failure to conform to law. B. Mr. Stamm Has Failed To Raise An Issue Concerning Personal Jurisdiction "[P]reliminary objections in the nature of a demurrer require the court to resolve the issues solely on the basis of the pleadings; no testimony or other evidence outside or' of the pleadings may be considered. Mellon Bank, N.A, v. Fabinyi, 437 Pa. Super. 559, ! Personal jurisdiction relates to the authority a court possesses over an individual, it does not relate to the merits of a particular dispute as Mr. Stamm is asserting. See Commonwealth of PA v. McPhail, 547 Pa. 5 I 9,692 A,2d 139 n.3 (1997) ("Jurisdiction is the legal right by which judges exercise their authority to decide cases,") 4 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and f'ubnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) SECCO, INC., (Plaintiff) n \D 0 f; co 'n [U!;~ :r: :iJ ;~. r-t ;:. ::~ J 11,:JJ C...l ',",rn -',? i::f:' ,-.\, -' ~ (~., -n 1~':.J~.~ -.:t", .-0 :~~ S",' <.:)1"0 ~ :;;:1 -'J ,.. :0 ...... C)j -<: vs. LEE STAMM and MARY STAMM, d/b/a MRS. STAMM'S BARBECUE OUCKEN ( Defendant) No. 1158 Civil 19 98 1. State matter to be argued (i.e.. plaintiff's IlDtion for new trial. defendant's demurrer to complaint. etc.): (a) Defendant 's Prelimi.naJ:y Objections to Plaintiff's Canplaint (b) Plaintiff's Prelimi.naJ:y Objections to Defendant's prelirninaxy Objections 2. Identify counsel who will argue case: (a) for plaintiff: John G. Milakovic I\cldress: Beckley & Madden 212 N. Third St., P.O. Box 11998 Harrisburg, PA 17108 (b) for defendant: Unkn<:Mn Address: Cherewka & Radcliff, LLP 3905 North Front Street Harrisburg, PA 17110 3. I will notify all parties in writing within t\o,Jo days that this case has been listed for arglJrent. 4. I\rgU'nent Court Date: May 27, 1998 Dated: /L-' / , .~~ ---- AtJ26rney for P/a.;n-r.-ft- "- (Y. >- i:r" ".1' '- 1-: " (': "J. . I" . ... ) . .) f<' :r: " !'l ,~. ) ':J (r't C:J' '.! L..:. ' I.- N -, I. c.. ~ \ ' !:. ~. :(',j I. ';:' 'U. IL i.;:' .~-3 U (;.. U >- C;l ~ 9i -" 5 ~-:?~ -...J ':t- 1.1.1.;- ~ '-' '. - ;,~~ Q -( , p.. ..' a.. .L-~~ ~(~-, c:::> 8 Vj " -1;=:: U-jO t" .... ~"'- ~ fIJ!' :~.1lU ::;:J I:tD... 1 r~; ..:< ~~ ~ ..../ IJ. c:l ::) ~ cJ 0 0' (,) All material Is guaranteed to be as specified, and the above work to be performed In accordan:e with the drawings and specifications submitted for above. y'ork and completed in a subslantlal workmanlike manner lor the sum 01 .sE.Ilc.tJTHotl91~D,Se.U6rJ /1U/JDI!.t:D -rHz/!.:r'/7/JJD Dollars($ '7) 7:3tJ.. 00 ) with payments to be made as follows L - ,J \ .2Q,z,,,..;p,,9.,~~,., .""~0,2P.,,,, ,<<f!o~,t1 c!.-ql~~€:'c~I~:~ubmitted_;1u..G..-:Ls:.~?J)! : ....,"bOO.IlCUIOdOl:ly\;;cnw.'!ICl'lc:'cer.an<Jw'llboCOl'l'oancdl.,c11'''100 ~;/ , ' o.er aMolJ obo.o I~~ .,: 1"'..:0 ;Oil aQ'lIClrllnls c:o"I'''9'1"1 '-PO" s~r,~I;!~. .. I .1:C,dtlnll,OfCOI.l,st:o,oro;:curcont,CI, Por - -. I Note . This proposal may be withdrawn , by us If not accepted within (,-6 days J , ACCEPTANCE OF PROPOSAL ") The above prices, specifications and conditions are satisfactory and are hereby accepted, You are authorized 10 do the work as specified. : Payments will be made as outlined above, ! G Signature Dale Signature , '."' ,.,. , -. ,'-r' SECCO, INC. ELECTRICAL' REFRIGERATION 1111 Primrose Avenue CAMP HILL, PA 17011 (717) 737.2142 . " 12" :t 25' flex duct 12" gah' elbo" 10":t 10":t II" ceiling outlet S" >- B" I 7" ceiling ouU" 6" x 6" x 6" cellinI! outlet S" tnkeolT Ii" scoop lInd damper 6" ovul to round buot 6" ~coop and dumper 6" oval to round street boot Ii" II liO" 0\'01 pipe 7" J. GO" 0\'01 pipe H" :\ 60" oval pipe 1;" gah' 90 degree elbow -" ~ah' 90 degree elbul' S. l,'alv 90 degree elho" 1-\" s ]~" ~ .r lon~ ducihoarcl 8" I Ii" I -4' lung ductboanl II" dumper section 12" x 22" I -t' long ducthounl 4' x 10' lung ductboartl 1:" 'pin cullurs 10" .pin collar. ~.. ~pin collars 3.114" :t 14" :t 7- YO de:;ree stael. ] Iilter rack Prel:lh ductwork frulU Hummer Equipment condensate pump thermosUlt and ~ubbase Squure D breaker. Square J) safet)' switch ~..'" curnes ~/," str~ight connector thermostot wire Receptacle with ho'( amI rover nur-oIgrid pad !iih'er lInd I1re)' tup.. ::/8" soft ropper .liS- vin)'1 tubing .~. pi1l1tic ripe ani fitrin~. .Illl" 011 thnatl rnd. :l:m~rrs. nut!.. wa.hErs and kind:,rf duct seuler and caulkill!! 1 1 J TOTAL \r..-\ TERL.~..LS 2fi.611 7.ul J2.1: - -- 'oJ. 0, I: '"'1:\1 .... 39.% -4,117 Q.n~ 5.~7 411..111 :'7.(;0 i2,7il 6,JII t;,!Jl) 1\.1)/1 J.:.~q JUl' ;,!l11 t;t.f14 61..12 1.1 '7~ ~,Hu "','It, r.. ~'t: 19~.3u ,1!lOlS ';';.tlU J7,I/I.I 32,/111 1.;,8S lUll t,1)i( 16,~5 ("ll', ';~.~iU 2~,(,1j ..\'l.~O -1.50 :o!l,21t 3' w, .... - .j~,lill 0' 7..i::;1.0'.: 1 1. , .. I \(I 'h :., JU :: !l ,; : i);"! ire'1 ~'::.'! f t''.': -=. .,,-,,-.. . 3il ft::.,t . ,\,~ : l;; :. .. " '''.' --. _ . 1- r ' ,nVOIC;e B.64~3 .- ), December 3, 1996 SECCO, INC. ELECTRICAL I REFRIGERATION 111' Primrose Ayenue CAMP HILL, PA 17011 (717) 737.2142 .... , . , , , . RE: Replace water neater Replace heating system Stamm Residence /oD3{ Mrs. Stamms ssa Chicken 53 Heisler Lane Carllsle,PA 17013 Attention: Lee ;. . , . . ,- ..........................................................,...................................... Job Number: 6~ I .~.,...'""1 '. V '"/1'/ Ii' ',' . Remove exi~ti~9 boiier a,~d ra~iatf~n a~d ln~sc~'lran~us:pip!ng t~rOUghOu~house, Furnish and install one m 50 gallon electrilrwater neater. ... Furnish and install (1) complete propane fired ~O pl~;?, TRAf'llEga!!, furlJace, dUP\Y9rk; controls, electric, ai~ cpooitioning, refrigerant piping, diffusers and return grilles. , ' .;-.~...' ..... t l/i/i7 -.: J J ..;,'j.,.: 2c.;", \.~'j" - - " \.,.1 II.: "'.. . .. . ~ '- ,..\1....:. '1 I~ SC I _.~~a-t..:t.. TOTAL INVESTMENT: S 14,325.00 ,\, ." . . .~ TOTAL DEPOSIT RECEIVED: S 00 :"j ..:rOT AL AMOUNt:-NOW DUE:: ,S 14.325,QO -:"'. ..' ""'.. ~ _1" ..,.-' ~'._.'_... I..:..: \ " . .~ '"..J ,., ..' . .I .~. -"1 '..../' , . ',. n -- " - ," . ., ,- . .., . ../.1 ; .-,..... ,/ Invoice iei~s: Net ':'mount D:Je 20 :'215 froiil ir:vcice Date. " ' --'i 11- 31.S >: I, ~.. :: /1'1,Q6 )( IOrV\.Q::' I ;: (7 (1./)' I I I . t _ I/'. \......--< '-"" \".. J........; ........... \7 ct (). CoO 'I) J C- - 1 f ' ":::",' ........... .....- COMMERCIAL CODE SALES 13 !l26Uli Law Unltw Cnmmrnlarlu Contract rormulitieA nnd the Uniform First line of ddenRl' In wnrrnnty MUltS: Commercial Code. FrnnclM E. lIolnhon Failure to llive nutlel' o( hrellch. !lurk. (lP07) 3 VIII.L.lle\'. 1. ley Clark, 10 UCC ("J, 10f.ll!IH2I, tute an aceeplance ot the J(OOdR Or Impair any optlonR or remedleR ot the buver tor their improper deliv, ery. Where the documents are de, livered without requlrlnJ( such con. temporary action as payment trom the buyer, the reason at the next Rection on what constitules accept. ance ot goods, applies. Their ac, ceplance by non,objectlon Is there, tore postponed until arter a reaRon, able time tor their inspection, In either situation, however, the buyer "waives" only what Is apparent on the tace ot the documents. Cro.. Rd.r.nce.: Point 2: Section 2-508, Point 4: Sections 2-512(2), 2- 606(1)(B), 2-607(2), Dennltional CroRR Reterence.: "Between merchants". Section 2-104, "Buyer", Section 2-103, "Seasonably", Section 1-204, "Seller", Section 2-103, UWriting" and IIwritten", Section 1-201. Snle. *"285, 288(4, 5), C.J,S. Sale. ~! 339, 345, 346. P.L.E. Snle. at Personalty ~ 292, Library Itderence.. U,C,C. Form., 4 Unltorm Low. Ann<" toted, Ma.t.r Edltinn, , Notell of Ueclllo"R fi 2606. What conRtitutes acceptance of goods 'I (a) General rule.-Acceptance of goods occurs when the buyer: IJ<t^"'1 (I) after a reasonable opportunltv to inspect the I!oods sil!nifu:l;il:"' p...t~'~ to the that the oods are conformin or that he will take or retain them In spite 0 t eir nonconformity; (2) fails to make an effective rejection (section 2602(a)), but sllch acceptance does not occllr IIntil the buyer has had a reason. able opportunity to inspect them; or (3) does any act inconsistent with the ownership of the seller; but if such act is wrongful as ugainst the seller it is an accept. ance only if ratified by him, (b) Part of commercial unlt,-Acceptance of a part of any commercial unit is acceplance of that entire unit. 1979, Nov, 1, P,L, 255, No, 86, ~ 1, eftective Jon, 1, 1980, For Notes or Decisions In olher states W .lmUar .ectlon. ot the Unltorm Com. mercial Code, Bee lA UnlCorm Laws An. notot.d, Ma.ter Edition. I, In Kennal Where Kovemment contractor sent de- tailed letter to subcontractor stating that reason Cor lcrminatiDn oC subcon. tract was that government had termlnat. ed prime cDntract Cor Rovemment's con. venience and at nD time did contractor mention existence oC detects in goods to be supplied under subcontract as Corm- ing reason Cor default, contractor waived or renounced its rights to claim breach Cor detective RDods on part oC subcontractor. Koppers Co., Inc. v. I Note .d Fruit Co. v. BI..... 25 Pn.Sup.r,Ct. 170 (1904): Aaron Bodek & Son \'. Av. rach, 297 Pn. 225, 146 All. 546 (1929) Ibuyer must speciCy breach "with some reasonable particularit>.,,). The section I)C the Code limits the Core~oing cases in that they do not confine the requirement IC speciCic statement to either (a) in. -4tances oC rejection (Bodekl or (b) JloBsi. [IHity oC cure by seller. or (c) a written request by buyer. Prior Laws: 1959, Oct. 2, P,L, 1023, ~ 2, 1953, AprU6, P,L, 3, ~ 2-6051l2A P,S, ! 2-600), Brunswick Corp., 30a A,2d 32, 224 Pa, Sup.r, 250, 1973. Detaulting buyer's Cuiture to object to seller's bill Cor storage is element in determining whether subsequent tender was Cor amount due, Atlantic Cit)' Tire & Rubber CorJloration \', Southwark Foundry & Machin. Co., 137 A. 807. 289 Pa, 569. 1927, Buvers, who Coiled to assert in seller's replevin action, tien based on their right to rescind installment sales contract and receive return oC down money paid, were not entitled to have judgment by conCes- sion, obtained pursuant to installment sales contract, opened upon their institu- tion oC assumpsit action Cor down mane)' paid nnd their expenses. Lange \', Fleet, 22 D. & C,2d 361, 1960, Uniform Comm.rclal Cod. Comm.nt ~ 2606 oC thi~ title, title, ',\'. HEW !i 2508 of thiR title, tlyer's remedies, see ~ 2512 oC this title, Prior .Ion: Act. Uniform Statutory Provl. Seclion 48, Unitorm Sal.s For texl of prior provisioll. see Appclldir ill clld lIO/llmc of Ulli. form Loll',' A 1I11Dlaled, U, C, C., Maslcr Editioll, 401 .... i,' , , I' L~ , L (; 1001 V I I I .t' .1,' i II' .il !: I '1' i.1 I I \ 'v , i J CHAPTER 22 FORM, FORMATION AND READJUSTMENT OF CONTRACT See, 2201. Formal requirements; statute of frauds, 2202. Final written expression; parol or extrinsic evidence, 2203, Seals inoperative, 2204. Formation in general. 2205, Firm ofCers, 2206. OCCer and acceptance in Cormation oC contract, 2207, Additional terms in acceptance or conCirmation, 2208, Course oC perCormance or practical construction, 2209, ModiCication, rescission and waiver, 2210, Delegation oC performance; assignment oC rights, II 2201. Formal requirements; statute of frauds (a) General rule,-Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is 80me writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforce. ment is sought or by his authorized agent or, broker, A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this subsection be on the uantit of goods shown in such writing, (b) Writing confirming contract between merchants,-Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (a) against such party unless written notice of objection to its contents is given within ten days after it is received. (e) Enforceability of contracts not satisfying general require- ments,-A contract which does not satisfy the requirements of subsection (a) but which is valid in other respects is enforceable: 1 if the oods are to be specially manufactured for the buyer and are not suita e a s m e or mary rse 0 IJa...,'l Eliebusiness of the seller d the seller, before notice of repudia.&- .. tion is received and under circumstances w IC reasona m i. (!r:s l~u..lL ca e 00 s are e u er, as made eit er a substan. ' ..!ial beginning of their manufacture or commitments for t eir I!rocurement; (2) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for 92 1,)/).(\,,/'1 C- 1,,1 , ~.fv,,;W SALES oale was made, but the contrac provision beyond the quantity of (3) with respect to goods for and accepted or which have bee I 2606), 1979, Nov, 1, P.L, 255, No, 86, ~ I, ef, UnlCorm CommerelL Prior UniCorm Statutory Provl. .lon: Section 4, Uniform Sales Act (which was based on Section 17 of the Statute of 29 Charles 11). For text of prior provision, se~ Appendix in end volume of UnI' fonn Laws Annotated, U.C,C" Master Edition. Change.: .completely rephrased; restricted to sale oC goods, See also Sections 1-206, 8-319 and 9-203. Purposes of Change.: The changed phraseology oC this section is in. tended to make it clear that: 1. The required writing need not contain all the material terms of the contract and such material terms as are stated need not be precisely stated, All that is required is that the writing aCford a basis for believ. ing that the oCfered oral evidence rests on a real transaction, It may be written in lead pencil on a scratch pad, It need not indicate which party is the buyer and which the seller, The only term which must appear is the quantity term which need not be accurately stated but recovery is' limited to the amount stated, '/'he price, time and place oC payment or deli,'ery, the general quality OC the goods, or any particular warranties may all be omitwd. Special emphasis must be placed on the permissibility oC omitting the price wrm in view of the insistence oC aome courts on the express inclu. sian of this wrm even where the parties have contracted on the basis of a published price list. In many valid contracts for sale the parties do not mention the price in express wrms, the buyer being bound to pay and the seller to accept a reasonable 9; \ APTER 22 READJUSTMENT OF CONTRACT tute oC Crauds. parol or extrinsic evidence, ormation oC contract. ;ance or conClrmation. practical construction. ,d waiver, e; assignment oC rights. 'nts; statute oC Crauds LS otherwise provided in this section a for the price oC $500 or more is not .n or deCense unless there is some hat a contract for sale has been made :I by the party against whom enCorce- orized agent or, broker. A writing is ts or incorrectly states a term agreed t enforceable under this subsection shown in such writing, .tract between merchants.-Between ble time a writing in confirmation of rainst the sender is received and the to know its contents, it satisfies the .) against such party unless written nts is given within ten days after it is 'acts not satisCylng general require. .es not satisfy the requirements of lIid in other respects is enforceable: specially manufactured for the buyer e to others in the ordinary course of Id the seller, before notice of repudia. ~ircumstances which reasonably indi. ;he buyer, has made either a substan. nufacture or commitments for their horn enforcement is sought admits in ,therwise in court that a contract for 92 ,.... 1)"'''/( ~ . Vo'''' ,It.tll' SALES 13 Ii 2201 sale was made, but the contract is not enCorceable under provision beyond the quantity of goods admitted; or (3) with r sect to oods Cor which avment has been .~ nnd nccePted or which have been received an ace' 2606), 197ii,Nov, 1. P,L, 255, No, 86. ~ 1. erCective .Jan, 1, 1980, this ion Uniform Commercial Code Comment Prior Uniform 8tatutory Provl. price which the trier of the Cact may olon: Section 4, UniCorm Sales Act well be trusted to determine, (which was based on Section 17 oC Again. Crequently the price is not the Statute oC 29 Charles 11), mentioned since the parties have For /ez/ of prior provisiOlI. see ~ased their agrecment on a price Appendiz in end volume of Uni. hst or catal?gu,e known to both o,C form Laws Anno/a/ed. U.C,C" t~em and thiS hst serY,es os on ,erc.. Mas/er Edition, c.ent saCegaard ag,alnst pel'Jury. Finally. "market" pr.ees and valua, Cha'!ges: Completely rephrased; tions that ore current in the vicinity rest~lcted to sole oC goods, See also constitute a similar check. Thus iC Sections 1-206, 8-319 and 9-203, the price Is not stated in the memo- Purposes of Changes: The changed randum it con normally be supplied phraseology oC this section is in. without danger of Craud, OC course tended to make it clear that: iC the "price" consists of goods rath. 1. The required writing need not er than money the quantity oC contain all the material terms oC the goods must be stated. contract and such material terms os Only three deClnite and invariable are stated need not be precisely requirements os to the memoran. stated, All that is required is that dum ore mode by this subsection. the writing aCCord 0 basis Cor believ. First, it must evidence 0 contract ing that the oCCered oral evidence Cor the sale oC goods; second, it rests on a real transaction. It may must be Ilsigned", a word, which be written in lead pencil on a includes any authentication which scratch pad, It need not indicate identiCles the party to be charged; which party is the buyer and which and third, it must speciCy a quanti. the seller, The only term which ty, must appear is the quantity term 2, "Partial performance" as a which need not be accurately stated substitute Cor the required memo- but recovery is limited to the randum can validate the contract amount stated. The price, time and only Cor the goods which hove been place oC payment or delivery, the accepted or Cor which payment has general quality of the goods, or any been made and accepted, particular warranties may 011 be Receipt and acceptance either oC omitted, goods or oC the price constitutes an Special emphasis must be placed unambiguous overt admission by on the permissibility oC omitting the both parties that 0 contract actually price term in view oC the insistence exists, If the court can make a just of some courts on the express inclu. apportionment. thereCore, the sian of this term even where the agreed price oC any goods actually parties have contracted on the basis delivered can be recovered without of a published price list, In many a writing or, iC the price has been valid contracts for sole the parties paid, the seller con be Corced to do not mention the price in express deliver on apportionable port oC the terms, the buyer being bound to pay goods, The overt actions DC the and the seller to accept 0 reasonable parties make admissible evidence of 93 '\ I:! Pa.t:.S.A. ~ 2201 COMMERCIAL CODE I 2201. Formal requirements: .tatute of frauds /S.. mnin volume fur (n) In (e)/ (d) Qualified financl.1 ronlnlcllo,-Sub...uon (a) d... not apply W a qualified financial contrac~ as defined In .ectlon 1206(c)(I) (relating w .tatuoo or frouds ror kinds or pen<lnal property not otherwise covered), lr either: (1) there la, as provided In oectlon 12oo(C)13), RullIclent evidence to IndJcaoo that a contrad hu been made; or (2) the partJ.., by meana or a prior or .ub.equent writ"'n contract, have agreed to be bound by the "'nns or the qualified financial contract from the tlme they ....,h agreement (by "'Iephone, by exchange or electronic m...agea or otherwlae) on those terms. Amended 1996, May 22, P,L, 248, No, <<, I 4, Imd. eaecttve. Pennsylvania Comment-l996 With reaped to nonunltonn aubeec:tion Cd), see nonunltonn SectIon 12OO(c) and the 1996 Pennsylvania Comment to Seetion 120fJ. 1996 Lqlst.tloa The 1996 amendment added lubKe. (d). Sectloo l4(e) 01 Ac1 1996. May 22. P,L 248, No. oW. provides thallbe addition or subsec. (d) Hlalorlcal and Statutory Note8 shan apply 10 quauned financial contract. cn. tered inlo before, 00 or alter tbe eUective dale of tbis lei. and 10 wriUen tootractJ described I.n subsec. (d)(2) entered Into before. on or afler the effective dale of Ibis aCI. Law Review and Journal Commentarle. Judicial admiuions cxa:plJon to tbe slarule of Clauds: An Update. Petcr J. Shedd, 12 Whittier LRcv. 131 (1991). Merchant', exception to tbe Ua.i(orm Com. mercial Code', Slalute or Frauds. Commeat. 32 VW,LRcv, 133 (1987), Promissory eSloppel. Article 2 or the u.ce.. and tbe Restatement (Third) of Contracts. MI. cbacl OlbiOn. 73 Iowa LRcv. 674 (1988). Library Reference. Relevancy and Its limits. parol evidence rule. dcncc rule, ICe Packel de. Poulin. I PcnnsyJ. unUonn commercial code and tbe parol evi. vania Practice f 422.7. A=pIa.ce 41.5 EaIDppcl 60 MtIDOI'UdumlD ..nLlna :~-30 Salt of Mnica 15.5 IleaJoublc tlDM, IIIclltOraadum 1D ....tJal 10.5 Sale olloocb 33.5 Sale or Itntca, memorandum In mUq 15.5 Note. of Deci.lons of aoapocb combined wltb aood' slitutcd "writinp." within meaning of this KC' tion's requirement lbal stalute or frauds operates only where wriucn agreements are involved. M. Leff Radio Pans. Inc. v. Maucl. Inc.. W.O.Pa. 1988.706 f.5upp, 381, ... Law lO\'trulal Maciu v. Klein. C.A3 (P..)l953, 203 F.2d 205. (main volume) certiorari denied 74 S.O. 47. J46 U,S, 827, 98 LEd, 352. 8. Coalrad-Ia If Dual Any oral agr<<menl (or sale or scrap metal OWlS unenforceable because we pricc or melal was oyer $500, AI Ferro Commodities Corp., S.A. v. Tube Cily Iron and Metal Co.. E.D.PLI900, 728 F.Supp. IUS, .rnrmed 914 F.2d 241. 12. Mtmorandum In wrltlnJ-'n IItntral DeaJinp between video game manuraC1urer and diurihulor, documenled in order ronns, con. 10.5, - Reuoublt dme. IDtIDoraadum In '""'tiDI In the absente or prejudice. a writteD coDfir. mation, senl Ihree and one.balr montbs after an or.1 conlractlor Ihe nle of slone. Is tenl within a "reasonable time" uadcr 13 Pa.CS, f 2201(2). Alias Railroad Consl, Co. v. Commercial Slone Co,. I".. 33 P" 0, 4< C.Jd 4n (1984), 15.5, _ Sale or KrTIces, lDtDlIorudUID lD wrltJDI This seC1ion did not require lbat agreemenl by paper broker 10 provide services 10 paper manu. faClurer in relum for five pertenl cornmiuJon on goods IOld be in writing to be enforceable: ag.reemenl was for services ralher tbllQ laic of goods. Jeanne lie Paper Co. v. Longview fibrc Co.. 548 A,2d 319. 378 Pa.Super. 14S, Suo pcr.1988, appeal derued 559 A.2d 38. 522 Pa. 26 COMMERCIAL CODE 571, ccMiorarl denied 110 S.Ct. 78, 493 U.S, 821, '01 LEd,2d...., u. _ r,ooell, ItDtnlty. aH'moraadum In wrlUDI Dc Filippo v. Ford MUlor Co.. C.A.J (PL)197S. 516 F.ld 1313, (main volumel cenior.. ri denied 96 S,C1. 216, 423 U.5, 912, 4f> LEd,2d 141, .10, _ QuaDlI1)' or aoodt ,bawD, mtIDOraoo dum In wrlUDI Exclwive requirements contraC1s satisfy quan. lily requiremenl of this seC1ion, albeit no specific amount is 'Iated. Advent S)'IIcms Ltd. v. Unlsys Corp.. C.A.J (Pa.)I99I. 92.5 F.2d 670, rehearing denied. NonelClusive requirements conlract whereby compulCr manuracturer agreed 10 v.llldenlified documenl !)'IlcmS during IWO-ycar lerm of ron. traC1and 10 buy Cram IOftware producer products neceUlry 10 engage In that venlure. salisfied quantity requiremenl or Ibis section. Advent Systems Ltd. v. Unis)" Corp.. C.A.3 (Pa.U99I. 925 F.2d 670, rehearing dertied. 33.5. Salt or loods An oral agreemenl whereby defendant could farm a IraC1 of land (or one season in return for a promise to sow a coyer crop is not lor a sale 01 roods and Ihus nol covered by lhis Kction, even though the agreement calls for the we of fer1ill1. er and seed. KeY'v. Reayer. 39 Pa. D. &: C.Jd 432(1986), 304. _ Acc:cptaace~ acnera1l11 dtl1nl')' aDd acceptance Conlracts for sale or goods in excess of $500 arc nOI enforceable unless therc is writing signed by parly 10 be charged; nevertheless, where goods arc received and ac:ccpled. oral contracl is enforccable. Matter or Deemer Sleel Casllog Co.. Inc., 1990, tt7 n.R. 103. 41.5, - Atteptan~ or nooaood' comblnM "lib pods Since molds, compressors. valves, cement mil. ell, fans. lemplates and related equlpmenl which furnished Ihe great bulk of Ihe purchase price 01 iI sale o( a business arc "goods" under 13 Pa. c.~.A. I 2105 where the property hIS been "re- cclyed and ac:cepled" under subsec. (c:)(3) or Ihis 5oCC1!on recovery will nol be baned under Ibis seellon eYen though a minor unalloealed por1ion :f the 101a~ purchase price may also have Indud. d ..cod WlU. CWlomer IiIls and phone numbcll WhIC~ arc nut "aoods". Wikler v. Mar-Van In- duslncs., Inc.. 39 Pa. D. &: C.3d 136 (1984). 41. Part performante-In pnenl Performancc exception to slatule of frauds Under PeMsylvan.la law was not limited 10 aclual performance in conlcll 01 dislribulonhip agree- Olent, where par1les were pledging 10 use their best ereorts; where manufacturer', cunducl Indi- r I, ' ill ) ,\, ,,'cd Cli"CDC~:f'~ i[f inequily In beIDg h:1 \J il enlered inlo. Stt' Roofing Systems, In, 1361. aflirmed In p~ \ 1267, rehearing and . banc denied. certiot r 134 LEd,2d 212, \.,,' 43. - Part p111m Macias v. Klein. C. (main volume) certim U,S, 827, 98 LEd, 3l: Industrial equipmc ply 10 New Mauer" , had been ac:cepted in menl. thereby rende; tiOD'S WIlting require on oral conuacl. whc pleading lbal buyer dl based on construclk money only, original were read 10 jury, and amendmenl. W.I. SI 541 A.2d TIS, 373 I Shipmenls of scrap coostltute paMtal pay: ment sold pursuant Ie paymenl ror exisling d mlolng applicabilily 01 to this section's wr1lin der Corp. v. Caraccioh per. 486. Super.19S8. Partial paymenl of i sale of goods enable~ despile provisions of I Corp. v. Carac:c:iolo. 5.1 486, Supcr.1988. $4. - Dd'rDsc, pit Under Pennsylvania equalely alleJCd can~ rorm Commercial Cod, so as to stale c1aln\l ai ry eSloppel. despile rl( wise barred by statule alleged that industry pr; Iloe's Day Cindy boxc advance. Ibat maker pi; 12 months 10 ad\'lntc. telephone converutlon ante of purchase order Box Co. v. Whitman', 844 f,Supp, 1038, 60, EaIDppd Under Pennsylvania h al Distrlcl Court. prinel be Invoked againsl oper in sale or goods aC1ioDJ I elal Code (UCC). A'I Whitman', Cbocolales, I 1038. 27 '''''lid or rranllclion d"p. y, UJ.M" Ir" p.81l, unJ(orm commercial nduct or transaclion conducl COllllltutes n (or jUl)'. Uchleo, Co., Joc., W.O,Pa. ncor o( roOltruC1lve Rllltutc roRllr\l(1iYe in IOOd Ililb: IOOd :ommerdal axle u or rransactioo con. ler, p~" Co" 0,423, that lender \'folaled nnsytvaoia UnlIorm deblor conlended ler thai II would not IC bol'T'OWed money rom I dellpaled ndin, to prove lbal .:s wu deblor's les. .'u underall by Ihe COMMERCIAL CODE (a" Ihal she could nol Idenlity ..hlch individual Informed her of lender's aUe,ed lnlenl nol 10 "uJ'OIICSI, In re Ill)'<<, Ukrtcy.E.D,PI,I'III4, 41 ,R,249, Duty of ,1..ollne diltribulor 10 deal (alrly In conlraclual relallons with Its relallen by repre. seolin. Ihe nature and quallly of Ihe 'IIQUne provided 10 It arose under conrract Ilw. nol under ton law. AMJPM Franchise Au'n Y. AI. Ian'ic Richfield Co" 542 A.ld 90, 373 PI.Super, 372, Super.1988, 1""'11 IfIOI<d 363 A,ld 886, 522 Pa. 617, affirmed in pan. revel'lCd in pan 3M A.ld 915, 326 PI, 110, 2. 0".. Oflwee blM: did Dot have dul)' of JUDd (ailh. under Ibis section. 10 pl)'te o( drawer', checks to In(orm pa)'te concernln. SlalUS of drawer'; c:c:counl, poUcle, rellled 10 accounl, or drawer's finanelal condition: no conUactul1 ftllllonahlp existed bclWeen payee and bank, and payee had nol made Inquiry concern!n. drawer's finanelal status. C &. K Petroleum Products, Inc. Y. Equl. blnk, C.A.3 (PI,)I988, S39 F.2d 188, ,able time; ".e..onably" Note. of Declolon. Wit nol o( essence, 10 tbal buyer'a proposed delivery dale wUhln aboul sil or seven weeb malerially allered conlflct and did nol become pan o( contract, even If seller did Dol upressly rele" proposed delivery date. 10 re Earle Indus. Irlel, 'nc., E.D.Pa.1988. 88 B.R. 52. appeal dlJ. miJscd S6 8,R. 386. ling and usage of trade Review and Journal Commentaries '; 'Uc~ !5ler1:J Slock equipmenl ror Ihe bar.ain in ract: Trade . USlBe, "express lerms." and conslslency under William D. Section 1-205 or the Unifonn Commercial Code. Amy H, KaSllcy, 64 N,C.LR<Y, m (1986). Library ReCerences :1, lee Well" Pa. ckel and Poulin, Relevancy and its IUnds, similar happenings, oramencel, and condilions. e\'jdeDce of olher contracts and busines.s lTansactions, see Packel &. Poulin. 1 PennsytvanJa Practice 1412.3, Notes of Decisions luflcturer'l "no did not become .. for purpose o( 'I had lonlously inducing relail. . oflblrd pm)'"1 were aware oC manufaclurer presenled no evidence of coune of dealiap or knowled~ of paniel 10 conlracts with which Ihlrd pany was alleged 10 have interfered. F. Schumac:ber &: Co. Y. Silver WaUpaper &: Painl Co,. Inc" E.D,PI,I992, SID F,Supp, 627, Wheft purchase orden lpecifically Ilaled thai buyCf wu 10 make plyments within IS days of recelpl. evidence of COUI'IC 01 dealin, under which buyer had made lale paymenlJ on previow 16 " COMMERCIAL CODE 13 Pa.C.S.A. ~ 12116 fllntractl wu nOI adminible to .how that bU)'tr .tItluld nol be Iiahle for Interest when II (ailed 10 polY wilhin 15 daY' II c:vldenCt' or a coune of ;jtallnB II nol admilllble to conlradicl the eaprcs." 'trml of a contract AMocilled Melall &: Min. cflll Corp. Y. Sharon Steel Corp., 1983. 590 f,Supp, IS, Imrmcd 742 F,2d 1431, " VUlt or ,,.d, e..preu lennl of agreemenl. under which ~". er upreuly and unambiJUoully conlracted 10 sell bu)'tn "proven breeder pair" uf emu.. \litre nm 'rumped by any e\idc:ncc of intJuslf) cuslUm ur UJ.ale of trade, 10 II Iu lurrurt c:Jaim Ihat hu~cn should have venlsaed emus allime uf purcha~, u would have revealed lhal bulh were mille. Smilh Y. Penbrldlle A15oclatel, Inc., 6'5 A.2d 1015,....0 PI.Super. 410. Super.lQ9l t 1206, Statute of frauM for kinds of penonal property not otherwl.e eovered (a) General rule,-Except In the cues deserlbed In suboeellon (h), a c:ontrlSl:t lor the ,.Je 01 personal property Is not eoloreeable by way olaellon or deleMe beyond $5,000 In amount or value DC remedy unleSll there L.. Borne v.Titlng which indicates that R contract lor sale hu been mode between the partles at a dellned or stared price, reuonably identllles the subject mattA!r, and Is signed by the party against whom eoloreement Is BOught or by his authorized agen~ (b) ExceptlDn.. tlon (a) doe~ not 8 I to contrarlR for (section 2201) nor of securities (section nor to security agreements (section 9203). Furthennore, subsection Ca) does not apply to qualllled flOnncW c:ontractlto the extent provided in subsection Cc), Ce) Qualified financial eonlrads,- (1) As WlCd In this section and In secllon 2201Cd) Crelatlng to lonnal requirementa; statute of frauda). Ilquallfied financial contract" means an agreement to which each party Ia other than a natural person and which Is: (i) lor the purehase and sale ollorelgn exchange, lorelgn currency, bullion, coin or preelous metala on a forward, spot., next.cJay value or other basisj (ul a c:ontract Cother than a c:ontrlSl:t lor the purchase ""~ ,.Je ola c:ommodity lor future delivery on, or subject to the rules 01, a contract market or board 01 trade) for the purchase, sale or transfer of any commodity or any similar good, article, service. rigbt or Interest whlcl11s preoentiy or in the luture becomes the subject 01 dealing In the forward contract trade, or any product or by.product thereol, with a maturity dote more than two days an..r the date the c:ontract Is entered Into; (W) lor the purchase and sale 01 currency, or Interbank deposita denominated In United StatA!s dollars; (Iv) for a cummcy option, currency swa(.l or c:ro88-auTency rate swapj (y) lor a c:ommodity swap or a c:ommodlty option (other than an option c:ontrad traded on or subject to the rules 01 a contrlSl:t market or board 01 trade): CvI) lor a rotA! swap, basis swap, forward rate transaction or an Interest rate optionj (vil) Cor a 8ecurtty~index swap or option or a security or 8eCwiUes price BWBp or optJOnj CvIlI) an agreement which Involves any other slmOar transadlon relating to a price or Index (including, \\1thuut Umltalion. any transaction or agreement Involving any combination 01 agreementa described in subpnrngraphs (i) through CvIl), and any cap, floor, collar or simllar transaction \\iUt re.spect to 8 rate. commodity price, commodJty index. security or securities price, f1ecurity-lndex or. other priee index); or (Ix) nn oplion \\ith respect to any agreement de..ribed In subparagraphl (i) through (vIlI). (2) Subsection (a) does not apply to a qualified fmancW contract If either: (I) there Is, as provided in pnrngraph (3), sufficient evidence to Indicate that a contract haR been made: or (0) the partles thereto, by menM 01 a prior or subAequent written c:ontrad, have agreed to be bound by thc lP.nns 01 the qualified IInanclal c:ontrad fro'll the lime they reach ugreement (by tA!Jephone, by exchange 01 electronic messages or otherwise) on those tenns. 17 I I I j . I I I I I !') , , , .. ,",:. '~'. ;,; .... "'1' " '." .:.:"t . , " j' I' " I i 9 D, & C. 4th Electro Chemical Engineering and Manufacturing Co. v. Kovatch Truck Center Inc. U~ifonn Commercial Code - Contract predominantly for rendItion of engineering services - Materials jUrnis/Jed - Contract not a sale of "goods" - Unifonn Commercial Code not applicable A ,eontra~t that i~ predominantly for the rendition of engi. neerong desIgn seMees. even though it involves the furnishing of material, is not a sale of ugoods," and therefore is not governed by the Pennsylvania Uniform Commercial Code, 13 Pa,C,S, fi2102, Motion for summary judgment. C.P. of Carbon County, no. 89-0632. Platte B. Moring III, for plaintiff. Steven M. Cannier, for defendant. 146 !' , DAVENPORT, S.J., specially presiding, January 31, 1991 - On March 20, 1989 plaintiff initiated a caus~ of action against defendant seeking $152,988, plus mterest and costs, for breach and repudiation of ~he parties alleged agreement, an~ $5,300, piuS mt~rest, for labor and materials flli11lshD{! for 10 umts already completed. \ I , By order dated November 8, 1990, the under' Signed entered summary judgment for defendant and against plaintiff on counts I and II of plaintiffs complaint, and further ordered that summary judg- ment be entered for plaintiff and against defendant on count III of plaintiffs complaint in the amount of $5,300. Plaintiff appeals. FACTUAL BACKGROUND Plaintiff and defendant have stipulated to the following agreed statement of facts: 146 (1991) Electro Chern. Eng, v, Kovalch Tru, (1) On or about February 2, 1988, pia 10 defendant its proposal to furnish labe rials to fabricate and install a 3/32-inch. cized PVC sheet lining to the internal ar tanks on P-2 crash trucks at defendant Nesquehoning, Pennsylvania, for the pr per unit for 120 units. (2) By letter dated February 29, 198! the request of defendant provided ad, information concerning its February . posal. (3) On or about March 28, 1988, pI request of defendant completed and defendant a "Contract Pricing Prol Sheet" relating to the lining of the P..2 (4) On or about August 1, 1988, defc to plaintiff its purchase order for plain: labor and materials for the lining of the on the P-2 crash trucks. (5) Defendant's August 1, 1988, pu stated that the work was to be perform. .. 'd as require ." (6) On or about August 9, 1988, pI ai' defendant an order acknowledgment r fendant's August I, 1988 purchase or< (7) The order acknowledgment, dal 1988, stated, in part, that plaintiffs pI ~n doing two tanks per month for 60 m e firm for a three-year period. . ." (8) The parties entered into a ConI Plaintiff was to furnish the labor ant Scribed in its proposal at the price of $: (9) Plaintiff commenced work unde dUring the month of August 1988 and units before the end of October 1988, (0) By letter dated August 19, nOtified defendant, among other It Proposal was based on a minimum of t . , 148 Eleclro Chern. Eng, v, Kovalch Truck Ctr. 9 D, & C, 41h month, working five days per week, excluding Sat. urdays, Sundays and holidays. (11) Plaintiff temporarily discontinued perfor. mance under the contract in October 1988. See paragraph 13. (12) During the months of October and November 1988, defendant made several requests by telephone that plaintiff resume performance under the con. tract. Plaintiff rejected these requests and re. sponded that it did not have sufficient personnel to resume the work at that time. (13) By letter dated November 3, 1988, plaintiff stated to defendant that the 10 units already com. pleted had fulfilled plaintiff's contractual obligations through the end of December 1988, and further stated that plaintiff did not anticipate having person' nel available to continue performing the contract until January 1989. (14) By letter dated Decembc-r 2, 1988, defendant notified plaintiff that it was terminating the contract between plaintiff and defendant effective immedi' ately for the reasons stated therein. (15) By letter dated December 5, 1988, plaintiff notified defendant that it would have personnel available to work on the contract as of December 7. 1988. (16) The parties stipulate that plaintiff's damag,eS in this action are $38,300 ($300 per unit for 110 unItS plus $5,300 unpaid for one unit), and defendantS have zero damages on their counterclaim. ISSUE ON APPEAL Whether the Agreement Between the Panies Is Govemed by Common Law or Pennsylvania Ullifonn Commercial Code - Sales Plaintiff alleges that since the agreement provideS that plaintiff was to supply defendant with speciallY 146 (1991) Electro Chern. Eng, v, Kovatch Truck manufactured goods, it was a contract for t goods under the Pennsylvania Commerc This court disagrees. Title 13 Pa.C.S. 112102 is the applicabl Section 2102 deals with the scope of the Commercial Code - Sales. It provides "Unless the context otherwise requires, sian applies to transactions in goods. , ." Goods are defined by 13 Pa.C.S. 112 provides, in part, "'Goods' means all t cluding specially manufactured goods) \ movable at the time of identification to thl for sale. . ," Initially, this court must ascertain wh Subject matter of the contract'was mova lime of its identification to the contract. indicate that plaintiff proposed to furnish materials to fabricate and install a 3/32- plasticized PYC sheet lining to the intern: Water tanks on P.2 crash trucks, There is nothing in the record which indi the materials were movable at the time identification to the alleged contract. r there is nothing to indicate that plaintiffwr Seller of the liners. The facts, however, do indicate that mixed proposal where plaintiff was to pre lI1aterials and labor (services). Generally. Ihat where materials are furnished or COJ COnnection with the rendering of services Iract will ordinarily be considered to be 0 COverage of the Uniform Commercial Cod. School and Office Equipment Co. Inc. v. . file,. 372 A,2d 221 (Del, Super. 1977). CI eVery mixed contract is outside the stall 223 ~Iense note cltntions to the Uniform Comn te analogous to the Pennsylvania Commercial C ~ 150 Electro Chern. Eng, v, Kovatch Truck Clr, 9 D, & C. 4th Further, where a mixed contract is involved, it is necessary that the court review the factual circum. stances surrounding the negotiation, formation and contemplated performance of the contract to deter. mine whether the contract is predominantly or pri. marily a contract for sales of goods or for services, Id, at 223. Also, the relationship of the cost of goods to the total contract price is one factor to consider in determining whether the contract is predominately for services or the sale of goods. Clearly, in the instant matter, as to the circumstances surrounding the contract, the installation (labor) is the predomi. nant factor. This is what the dispute is about, Plaintiff alleges that the agreement required the lining of two tanks (units) per month for 60 months. Conversely, defendant alleges that installation would be "as required." As to the price breakdown, the cost breakdoWn sheet shows that labor costs are $3620 and direct costs (materials, etc.) are $1447. This indicates that the contract is predominately for services and not the sale of goods. Plaintiff's contention that since the agreem~nt , provides that plaintiff was to supply defendant with specially manufactured goods, it was a contract for the sale of goods under the Pennsylvania UCC SaleS Act, is without merit. In the case of Lincoln Pulp and Paper Co, InC. iI. Dravo Corporation, 436 F.Supp. 262 (1977), !he action arose from an engineering and construct~O~ contract under which defendant Dravo CorporaUo d agreed to design and construct a new heat an t chemical recovery boiler and associated equipment to modify the existing chemical recovery system ~s the Kraft Pulp Mill. Lincoln Pulp & Paper Co. I similar to the instant case. In the instant cas~; plaintiff presented a proposal to defendant where I 146 (1991) Electro Chern, Eng, v. Kovatch Tru,' would furnish defendant with u 3/32-lnch ticized PVC sheet lining for the intern water tanks on P-2 crash trucks. In determining the upplicubility of till court in Lincoln Pulp & Paper Co., ,fU/JI a contract which is predominuntly for tl of services, even though it involves the f. .. . . ,t, equipment, IS not u transaction In ~ therefore not governed by Article 2 ( COurt further held that the contruct i engineering construction contract illV' dominantly the rendition of services, no goods. As such, it falls outside the scop 2 (DCC). Lincoln Pulp & Paper Co. sugges presence of design or engineering serv than mere installation services, may tip I the proposal toward the services side proposing to furnish defendant with 3/3: lining plaintiffs were merely providing design services to defendant and not gOods. Since the Pennsylvania UCC does n brief discussion of the common law as II COntracts is warranted. The first determination by the court is Parties in fact entered into a contract. Th detennined that there was no contract. t Of the elcment of mutual assent (offer tance) is all that is necessary in this ma Mutual assent is where the purtles 1\ same bargain - basically u meeting of tl order for an offer to be present the of def' , , Inlte and certUln, Tenns of delivery ure un essentiul ell ~rfer. Clearly, in the instullt cuse, the elivery warrants a dlscussioll. The eu 'hat plaintiff's proposul wus bused UpOI , \ 152 Commonwealth v, McCloskey 9 0, & C, 4th tanks per month for 60 months. Conversely, defen. dant's purchase order provided that delivery would be "as required" by defendant. At this point, it is evident that defendant's pur. chase order was a counteroffer. Because the termS of the purchase order changed the terms of the delivery in the original proposal it was a rejection of plaintiff's offer. As such, no agreement was ever entered into. Lastly, in order to avoid any unjust treatment the undersigned entered summary judgment for plaintiff on count III in the amount of $5,300, which is the amount owing plaintiff on the 10 trucks (units) it completed, in spite of the lack of a contract, CONCLUSION For all the foregoing reasons this court's order of November 8, 1990 should be affirmed. Commonwealth v. McCloskey Criminal procedure - Double jeopardy - Prosecution /V' driving under the influence of alcollOl - Guilty plea 10 t"e summary offense of failing to maintain the right lane of trtJv~1 - Charge of driving under influence provable by other evl' dence - Prosecution not barred A prosecution for driving under Ihe influence of alcohol under section 3731 of the Motor Vehicle Code 7S Pa.C,S, ~3731, is not barred by double jeopardy as a res~11 of a guillY plea 10 the summary offense of failing 10 mainlain the righllaO' of Iravel where Ihe prosecution may still prove the offense hY sh?~ing either Ihat defendant was olhelWise incapable of sa(~ dnvmg under section 3731(a)(4) or lhat defendant's blood alcohollcvel exceeded 0.10 percent under section 3731(IIlll), Motion to dismiss. C.P. of Clinton County. nO' 400.90. IS2 (1991) Commollwellllh v. McCln,kcy red McKnight, di,\'trict IllltJ/"/'''.I'. Commonwealth. Paul Ryall, for defendant. BROWN, P.l., February I. 1991 - has been charged with Ihe offense of drl' the influence under seclion 3731(a)(l) : under section 3731(a)(4), Defendanl's dismiss is predicaled upon constltuliol jeopardy grounds. The probable cause affidavit flied In sup driving under the influence charge alleg October 2, 1990, at approxlmalely -: Trooper Cavanaugh of the Pennsylvania lice observed defendant driving 0 1979 Fo This occurred os the vehicle was travelin ~Oute 2008 from Stale Roule 220 in La. ship. Thc officer followed defcndant's v nOlcd Ihat initially it was opcrllled In thc lane and was weaving within Ihe eastbour lTlOdcrale dcgree. As defendant traveled. Vehicle began 10 weave inlo the westb. S~raddled Ihe double yellow line on se\ ~Ions and did also trllvel tOlUlly wilhin Ound lane. Defendanl's vehicle was fo o~e mile. An allempl was made to SlOP "'llh rcd lights and flashing high beams. 1 t~al defendant, upon observing the ligh his brakes in on orca where he could ha' and pulled off the roadway bul instcad he on an additional onc-half milc bcforc stoPI rOadway, prior to rellching State Routc ~ Upon bcing stopped defendant was ~~esent his operlllor's license and regist did this, Upon Trooper Cavanaugh's spe . efendalll he dctected IIn odor of alcoh, ~&cs about bis person. Defendant was I h'll lhe problem WIIS to which he repli COMMERCIAL CODE 14 .~lMect..lon and sl"CtJon 22Olfd). there 18 sufficient evidence ,.de It any of the follo"ing a~plles: of electronle eommunlcaUon llncludlng, "ithout IImllJlUon, hone eaII nr the lJIngtble written text produced by computer indicate that In Ule communlcaUon a contract waa made wriUng .uJl1c1ent w Indicate that a contract has been made ,d .umclent agalnat the Bend... Ia received by the party ent Ia aought no later than the fifth bu,lneBa day after the 'h other period of Urne aa the partlea may agree In writing) t receive, on or before tha third bualne.. da,' after receipt Ume aa the partlea may agree In wriUng), written obJecUon the con1lnnaUon. For purpoaeB of thla Bubparagraph, a cUon theretn Ia received at the Ume there has been actual , reBpanalble for the tran..cUon or, It earlier, at the Ume ctlve reeelp~ which Ia tI,e Urne actual receipt by auch an OCCUITCd It the receiving party, .. an organlzaUon, had :lgence, For purposes of this subparagraph, B ubUltlnell both partleB are open and tranaacUng bualne.. of the kind I financial contract which Ia the BubJect of the con1lnnaUon. ,Uce of objection refelT1!d w In thla aubparagraph may be ot telex, teleCacsimlle. computer or other HlmUar process by are transmitted by telephone or otherwlae, but a party unIcated in such manner shall, unless the parties have lng, have the burden of eBlJIbUahlng actual or conalnlctlve y aa aet forth In thla Bubparagraph, .t whom enCorcement Ia BOught admlIB In lIB pleading, I court that a contract was made. nemorandum or other writing sufficient to indicate that a ,Igned by the party agalnat whom enCorcement Ia aought or r brok.... iUbsectlon and BecUon 2201Cdl: ',tmnlc communication indicating tbe making therein of a ", admlssJon, note. memorandum or writing is not insuffi. omits or inoorrecUy states one or more material tenns suclt evidence provides a reasonable basis tor concluding .n text produced by telex. telefaesimUc, computer retrieval .Ich electronlc Blgnala are lranamltted by telephone or a wriUng. 'ecUon Bhall be conslnled w affect In any reBpect the ,n of any provlalon of thla UUe, other than thla subBectlon ut limiting the generality of the foregoing, nothing In thla -d w limit the genera1ity of the tenn "writing" aa defined tn general dermJUons), w affect the InterprelJltion of -1(a) Insofar.. they relate w the Bufficiency of a writing or any other provlalon of thla UUe relaUng w the Urne when received, given or effective. Nothing in thia subsection or anslnled W imply that a qualified rmanclal contract would 1) or seetion 2201(a) but (or this subsection or section 48, No. 44, ~ 2, imd. effective, ,nsylvania Comment-1996 and the related nonuniConn Section 22OUd). are Pltt.emed adopted by Ne\l-' York in 1994. Ste N.Y. U C CLaw une New York legWaUon a1ao amended N.Y. Gen. ObU;. Law ppUcable to cont.rac:ta not to be perfonned within one )ear 'Mlylvania doel not have a airni1ar .tatute at frauds See ,356.362,629 A2d 138, 141 (993). However, the ato~en. York UniConn CommerdaJ Code incorporate or refer to 18 COMMERCIAL CODE 13 Pu.C.S.A. * 120i . provision. Ret (orth In the amendmenLll to N.\'. Gen. Olllig. La,,' ,(...7UI. At't'1ll"flinlrl~'. fluhl'lt'ct.ton (r) and Sectl)D 220lfdl art' aOO pattrm('(1 wr porUon. o( N.\'. Gl'n.llblij:. tuw '(~701. Pal'aRl'IPh l r(6). which haa no parallel in thl' Nt'w \'ork lelriJlation, b lntl'nded w make clear thlt .ublM::tion (c) and Sl't'tion 2'..'OlId) Ihould not he t'Umtnu'd to Affl"Ct thl' t'OMtnu:tlon or interpretation of other promloru at Title J3. For uamph', flennl'l.vl\'arUu cuefl have held that the tangible "Titten telt pmdut't't1 II .. result vf au elt't'tttlnic tranamiMlon may rorutltute a ail{T1ed "TitlnR .uMdent lo comply ,,1th applicable .tatuWl'l v( (rauds. St, HeumthtJUr v. For:in. 388 I'LSul)('r. 37, Gf'14 A.2d 990 09891. An'ordlngl)', the express statement in .ubpar&lt1'8ph (e)(6){UI. that the tanJrihle written text produced All a mult of an electnlrUe traMlUiludon t'OMUtute. a "wriUnR'" (or pUrposel of lublCCtlon (cl and SectJon 2201(dl, should not be COMtrued to imply any rwTO",inR o( th1a PeMlylvania eaae ta"., under which luch a text. may t'OMUtUt.e I ""wrlUng" (or other purposel'l u well. LlkewiJe, paraffl"lph (c}(S) illntended lo make dear that lubaectJon (e) and Section 220Hdt are nonexclusive we harbora. No lmpUc:atlon Ihould be dnwn from (allure to quallf)' (or these ute hlltoon that . qualllJed ftnandal contract. or any .lmllar contract. is nt'Cel..ril)' lubject to the reltrict.lona set forth in .ubaeetion (a) or in SectIon 22OIIa). Unlfonn Commercial Code Comment Prior Vollorm Staluto" Prevlllon: Section 4, lice by wbich 10 judse, and values tan rise or Uniform Sales Act (which was based an Secdan drop wilhout warning: troubling abulu are 11 of the Stalule of 29 Charles II). avoided when Ibe doU., limil b ell:cceded by For Itst of prior ptm'uion. JU Ap~ndix in tnd requiring tb.t Ihe subject.matter be reasonably .'Olu~ of Uniform lAws Annot41td. u.e.c.. MM' identified In a signed writing wlUch Indicales Ihat ," Edilion. a contract for ute has been made at a defined ur (hauJf': Completely rewrlllen by Ihi! and other stated price. Amendments appro'o'W by the Per. sections. manenl Editorial Board for Uniform Commercial Code November 4, 1995. P1lI"POUIl Tn fill the Ran I.-It hv Ih.- ~t2.hlle of Frauds provUlons for Rood!JSection 2-201) and. Dtnalllonal Croll Rtftrtacts: \ecuntv interes'''' ISIt..li"" 2::1;0.1l. As 10 secun. "Action". Section J-201. lies, lee Section ~1I3. The UnUorm Sales Act "Agreement". Section J-201. c:cMrcd the sale of "chases in action"; tbe prin. "Connael". Section 1-201. . al a relalel to sale of Ibe .. eneraJ"mlan I' bitS e e In IC e eCllon "Conlract for sale". Sectlou2-106. ansa 01 e m "Gooch". Section 2-105. 2::11!:!. ital are the laJe of bilateral cootracts, "Party". Section 1-201. rovaJlY rill'hts or the like. c I orma u)' oor. "Sale". Section 2-J06. mal 10 such transactions b rcc:ognized by Ilhing tbe Umil (or orallransactions 10 55,000. 10 sucb "Signed." Section 1-201, transactions there is often no standard or prac. "Writing." Section J-20I. Historical and Statutory Notes sentence of subsec. (b) and tbe addition of su~ ICC. (e) sball apply 10 qualified rm.nclal conlTacts enlered into beforc. on or afler Ibe effC'Cli~ date of the acl. and 10 wrincn contracts desc:ribed in subsec. (c)(2)(li) enlered into beforc, on or after thc effeclive dale of the act. 1996 LcaI.laUoa The 1996 amendment. in IUbsec. (b), in the second parenthellcal reference, substituled .ec. lion 8113 for seclion 83J9, added the second senlence. aod added subsec. (c). Sectivn 14(c) of Act 1996, May 22. P.L 248, No. 44. provides that tbc addilion of tbe lasl ~ 1207, Performance or acceptance under reservation oC rights (a) General rule.-A party who v,ith explicit ,,:,eservation oC rights perfonns or promises perfonnanee or assents'to perConnanee in a manner demanded or offered by the other party doea not thereby prejudice the rights reBerved, Such WOrdB aa "without prejudiee," ''under protest" or the like are sufficient. (b) Exceptlon.-Subsection (a) does not apply to un accord and satisfaction. Amended 1992, July 9, P,L, 507, No, 97, ~ 2, effecUveln one year, Unifonn Commercial Code Comment-1990 serve," ''WIlh reserv31ion of all our rights," and the likc. AU of these phrases complelely reserve aU righlS within thc mcaning of this section. The sectioo Iherelvre conlcmplatcs Ihat limiled as well as general reservations and ICt'Cpllnce by I. This seclion prOYides machinery for Ihe c:ontinuation of performance along the lines con. templated by Ihe c:onltael despite a pending dis- pUle, by adoptiog Ibe mercanlile device of going abead with delivery, acceptance. or payment ''WIthoul prejudice," "under protest." "under reo 19 Rule 13114 IlUl.ES Of' CIVIL I'ROCEDUltE The Act or 1&16, ... amended, 6 (>,S. I 121 VI, RDve the arhllraton power to 1"8uc 8uhpoenU8 and attach mentA BKwnst nonappearlng wilncMc8. ThiH power Is not Included In Hule 1301. SubpoenWl and alt.achmenUi may he ISIIucd only by the court, The Act or 18:16 and the Act or Fehruary 24, 180\7, (>,L, 15.1, 6 I'.S, I 128, authorized the arbltratol'll to require either party to produce books, pa'lel'll and documentft they deem material to the case. This Is cMcnUally n Bubpoe~ na duCCll tecum, which should be Issued by the CoUrl. This power will not be continued under these Rules. Subdivision Cc) states a general rule that the hearinR Is to be held wlUIDUt a tran8Cript and nellner party may require the arbitrators to order one, On the otl1er hand, any party, on his own, may make a recording or R Lranscript or the p""",cdJnga but must give a copy to hla opponent upon payment or a proportionate share or tl1e total cosL This follows BubstanUaUy present practice under SecUon 4.0 of the Act or 1836, aa amended, 6 I'.S, I 121 VI, and many existing local rules. Some loc.nl roles have (orbldden such transcripts where a party appears. Intending to present no witnesses but ooly to use tl1e proceedings ror dl..overy purposes. Such local rules will no 10nKOr be pennlssible, Whetl1er tl1ey ever were Is debatable. The Rule aets tl1e matter at reat, RULE 1305. CONDUCT OF HEARING. EVIDENCE (a) Exoept as presoribed by this role, the rules of evidenoe shall be followed in all hearings before arbi. trators, Rulings on objeotions to evidenoe or on other Issues which arise <luring the hearing shall be made by a majority of the board, (b)(I) The lollowinlt doouments shall h. admit12d, into evidenoe if at leaM twenty d~' ..II"';.n oi tile i~nuon W OrIer them WQ.q givl>n tn ';vprv other Darty acoompanied by a oopy of eaoh dooument to be of- lered: (i) bills or other doouments evidencing oharges incurred; Note The board of arbitrators may find a biD authentic. neees. sary and reasonable y,ithoul extrinsic evidence but is not required to do so. (ii) reoords of businesses, government depart- ments, agencies or offices, subject to statutory re- striotions, provided that these are reoords which would otherwise be admissible if authentioa12d by a custodian of records; Note The restrictions on the admissibility of evidence under this 5uhparagT'dph are unique to the records specified and are not found elsewhere in subdivision (b). (m) records and reports of hospitals and lioensed health care providers; (iv) e"pert reports and deSCriptions of expert qualifioations' (\') written estima12s of value, damage to, cost of repuir of or loss of property; and (vi) reports of rate of carnings and time lost from work or lost Compensation prepared by nn employ. hll\'(' n~l'(!h'ed l,tI)lll'. prior to Olt' IWIIlit Imhdh'll\iOI1 Ih)(:U I f~lInMldcrnlllln lint! \. denee. (2) If twenty ays' udvance nOUoe of intention to offer doouments in evidenoe was not given bat copies of the doouments Were provided to the other pnrties ut least tWenty days in advanoe of the hearing or during disoovery, the admissibility of the doouments without authentioation shall be in the disoretion of the arbitra. tors upon a finding of the ahsenoe of prejudioe, (3) dooument whioh is reoeived into evideno. under SUbparagraphs (I) or (2) may be used for only those purposes whioh would be permissible if the person whose 12stimony Is waived by this rule Were present and 12stifying at the hearing, The arbitrators shall disregard any portion of a doeument so reoelved that would be inadmissible if the person whOSe testi. mony Is waived by this rule Were testifying in person, (4) Any other party may subpoena the person whose testimony is waived by this role to appear at or SeI'Ve upon a party a notioe to at12nd the hearing and any adverse party may oross-examine the person as to the dooument as if the person Were a witness for the party offering the dooument. The party iSSUing the subpoena shall pay the reasonable fees and costs of the person subpoenaed to testify, including a reason- able expert witness fee if applioable, (e) A written estimate of value, damage to, oost of repuir of or loss of property shall be aooompanied by a statement of the party offering it whether the proper- ty was repaired and, if it was, whether the repairs were made in full or in part and by whom, together with the bill therefor, (d) A party may offer in evidenoe, without the oertifioation required by Sections 5328 and 6103 of the Judicial Code, an official Weather or traffic signal report or a standard Uni12d States Government life eXpectanoy table, A party may also offer any other official reoord kept within the Commonwealth without such oertification if the provisions of subdivision (b) are followed. Adopted March 16, 1981, erreclive in 60 days, Amended SepL 5, 1997, errcolive Jan. I, 1998. EXPLANATORY COMMENT-I997 The Suprem~ Court of Pennsylvania has amended In sev- eral reapeots Rule 1305(b) which relaxes tl1e MIles or evideoce as to the introduction of certain types of written evidence at a hearing before a board of arbitrators in compulsory arbi- trallon, Firs~ the rule haa been clarified by providing tl1a~ if twenty days notice DC the intention to offer certain types or documents into evidence is given to every other pany and if the notice is accompanied by copies of the documents, the documents "shall be admitted into evidence. H Second, the categories of such evidence have been broadened to include business and governmcntal records (subdivision (b)(I)(il)) and expert reports and qualifications (subdivision (b)(I)(lv)), Third, new subdivision (b)(2) provides for the instance in which the required notice is not given but the other parties 100 IW The bOllrd sh, termination uf th of all cluim. for r form set forth In awarded under I ratel~' sUited, ~ arbitrutors or lL I \\ithollt further (' award shall be fi, Iy lifter it is sign. Adopted March 16, This Rule braVet and filiog. It mak to the time for fili ~ 51. had prm:ided seven days aRer The Rule require~ nol nx u specific I' ton;. arrive at th condusion ot the 1 an,!-', of the parth that research mB) Khould have this, eXCUKe for clelayin No specific,tim. of experience \\it fL'\inR deadlines f applies equally t control dilatoZ'}' ("I Th. rono or tho I,!.', it will be nOI successful party Rule l:JOfj reC'. arhltratol'S f\hall applicable, Thill The existence 01 written offer of : how that offer ('I the award, Cle basic award with edRe or the om defendant, A, There could be rollow the bask delay. An alterl a "K~aled envelol be opened by II hasic award, F I.rt to 10<:111 rule, C cr', ("'-, -L' we, _~ L.- ~...'/"----"-' \ - 0 ) ) -J ' 1 " ) l-&C: ~~ ,L 1t\GJ';f \-\0.f(\) ..81lr<\M '( (1't1'2AECD~ u{( ('fEN In The Court of Co~on Pl~a9 of Cumberland County, ?ennsylvania \ C1 .,-0 .to. q u , (\..... r, 19 C'--X t,J ( C c..- ./ OArn We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutioa or this Common- wealth and that we will discharge the duties of ith delity. (; ~t1U /T /) , G --1-f: I . / '/....-,. -\ -' "./ a r:nan ; (ptIC/,e;,,; 1/, 5't.terer-) ,1-,:..,,,, '! ,),( U AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awar~ed, they shall be separately stated.) 0;~~~ ~L~cS~~~'~ ~~ applicable. ) Date of Hear1ng:~t'~~ Date of Award: ~( \6 (qg Arbitrator, dissents. (~snrt n(je i= ~8CWcA~ ~15d::ir=n - (J/~j.,"" /~ G)U7 {T1,......, .{. ! )...1, I) MOTICE OF ENTRY OF AWARD ft. ~ t as Now, the 10 - day of 1l.1--t."'.....,k.- , 19 I ,at 3:"'-, 11,.:1., award was entered upon the docket and cotice Chereor given by mail parties or thei: atto~eys. the above to the Arbitrators' compensation to be paid upon appeal: $ ,J9o.1f/J Ct<.."...o i? R'oL~ ,~_ ' .. CPrdthono tary By: (1",<.- G. Ivdi.~ ~ De?ucy