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Home My WebLink About00-07128 >'.~ ''',~ '--'-<-'-"-" -'..o,,",v "--'~ '<'/~, ,,-- ~ " "",-i~ ,--""',,,'-,""- ,n_"', " ".i'-_-!~"- :_-", ~_, ~,,_ '~_.',.I ~- ,-:;',,i';; -"<:(:;-:",!;",~~,~::-;;,;;;';:,,; :::Cj' "fl. I I ., , SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CO-"7J~f' fJ 'lC-~ L',(..> \ {€I 0 ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 TELEPHONE: (717) 240-6200 ~'-'"---"""--"'-",~,"''''"' ' , ,.~, _,,-<',__,,,~,d.,"_ "--.' 'C_'_" ,,--,_, ",' ',,,.,,,,, /. ,\"-;~~-~,, I>; .., -_.F;;c~4 ~"'";"-:"-'^'" '1~ -rj~, SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1>0- ? J;L f Cwd J..e-... ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Sun Saver Enclosures, Inc., by and through its attorneys, Butler Law Firm, and files this Complaint against Defendants, Abdul Akhter and Noreen Akhter, and in support thereof avers as follows: 1. The Plaintiff, Sun Saver Enclosures, Inc., is a corporation registered to do business in the Commonwealth of Pennsylvania with its principal place of business at 6904 E Club House Court, Harrisburg, Pennsylvania 17111. 2. The Defendants, Abdul Akhter and Noreen Akhter, are adult individuals and husband and wife residing at 307 Kay Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff is in the business of home improvements and repairs. 4. On or about November 5, 1999, Plaintiff and Defendants entered into a written contract for the construction of a kitchen addition and patio at their residence located at 307 Kay Road, Mechanicsburg, Pennsylvania. A true and correct copy of said contract along with the incorporated specifications is attached hereto and made a part hereof as Exhibit "A". . ~ -" .--,,- '~",~.'~~.-,-, --... ---"~",^- _ _ -. ~~ o'_~<'___ A _",. , .~-" ._'J",<~',;_-- ',,*, "-~"'o_'.'" ':.;,I~_, . ".:,->~~"",...<--'" 5. The total contract price for the above-described work was $17,797.00. 6. Plaintiff has performed all of its obligations pursuant to the contract. 7. To date, Defendants have made payments pursuant to the contract totaling $13,997.00. 8. Despite demand for payment, Defendants have failed and refused to pay the balance due on the contract. The balance due on the contract is $3,300.00 ($3,800.00 less $500.00 refrigerator allowance). 9. Despite demand for payment, Defendant have also failed and refused to pay for various "extras" or additions to the contract in the amount of $2,453.50. 10. Thus, the total amount due and owing is $5,753.50. A statement of the balance due and additions is attached hereto and rnake a part hereof as Exhibit "B". 11. The prices charged for said materials and services are reasonable and the market prices therefor. WHEREFORE, Plaintiff, Sun Saver Enclosures, Inc., respectfully requests this Honorable Court to enter judgment for Plaintiff and against Defendants, Abdul Akhter and '-, '->"'<...'-;-~ - .-~,-,-- .," -. --,"~- ",' c_" "'" , ...0_- -,.',,-, '--"" c.;.~, 1- ~-, -, __~__c.-,.;-. ,,~.,. -N"-' ,~. ~- 'n i j Noreen Al,hter, in the amount of$5,753.50 plus interest and costs of this suit and grant aU such other relief as it proper and just. RespectfuUy subrnitted, BUTLER LAW FIRM Attorneys for Plaintiff M~ By: Ro~ald D. Butler, Esquire LD. #09826 Jana C. Butler, Esquire LD. #80574 P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 "". ."~ --, 1-800-257-5927 SUNSAVEH ENCLOSUHES, INC. ,.F Sllili~ 1'. 1100 L,:\Viol lIuat! lIal'l'i.lblll'~, 1',\ 17111 - . ''''~~'" HOME IMPROVEMENT CONTRACT ~~ /37 <c.O 7<6 I, WE, the undersigned, A t3 cLv \ tl Kh -lv tJ <oj. Nv~ -AtA.1e.Q Telephone No. S% :?f/,6..::;z hereinafter referred to as the "Owner," hereby employ Sun Saver Enclosures, Inc. hereinafter reterred to as the "Contractor" to fur- nish labor and or material neces~ to~rform the wPllvhereinafter set forth on the p~emises of the~ner located at ~~7~~-_.d [" T"t<AY'~'ilieCityof fteed;hfG//cs{u://7 (/U"'l- County of CvHbe./~~ and State of 6D4~ Zip /70S-e,- a -- Approximate starting date IN CONSIDERATION OF THE SAI CONTRACTOR AS FOLLOWS: SCHEDULE OF CASH PAYMENT -- #~e 0 eti~~~,/~ WORK TO BE FURNISHED BY CONTRACTOR, O~NEfl A~REES TO PAY- ~ ~~, 35?97~~ PAYABLE ON COMPLETION $.:3 8"~: 00 $ j~ --=t lc::r.0? 4. 2. DOWN PAYMENT WITH ORDER $ /f70 - ~~ 5. DAILY LATE PAYMENT 3. PAYABLEATMEASURE /113111 $tPa>~~ PENALTY 3~.Jp0 ~4* $.Lt).tJ.nA'"l'~ This agreement iWo))contingent on th~vailjloillll'ofitlianctng:lT contingent, the amount to be financed is $ at ~ % payable in. . '-€qual monthly payments of $ Contractor reserves financing for the Owner if otherwise unavailable, YOU, THE BUYER, MAY CANCEL THI& TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANS- ACTION. OWNER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AJ:lMEN;, O~Ar REPR,ESENTATIONS AND AGREEMENTS NOT BINDING. IN WITNESS WHEREOF, the Owner has hereunto signed J ~ name Ihis ;;:- day of X7dJ~~ ,19 ere:; &l 1. CASH PRICE 1. If any extra work shall be pertormed by the Contractor, pursuant to authoriza- tion by the Owner, Ihe price for such extra work shall be added to the conlract price set 10rtl1 hereinabove. 2. The Contraclor shall furnish the materials for the work and shall pertorm Ihe work herein specified to be done in a subsfantial and workmanlike manner. 3. Where Contractor has included in the description of work to be pertormed, work to be pertormed by others. which work is to be included as part of this Agreement, all as an accommodation to Owner. Owner hereby agrees that Contractor shall not thereby assume any liability or responsibility for the pertor- mance of such work or subsequent servicing or maintenance thereof as may be required. Accordingly, Owner does hereby release and discharge Contractor from any and all liability for loss or damage arising out of or in connection wilh the per- formance of such work by others, Including the servicing and maintenance there. of. 4. IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY CONTRACTOR, OWNER'S OAMAGES WILL BE LIMITED TO THE AMOUNT OF THIS AGREEMENT ANa WILL BE THE SOLE RECOVERY TO WHICH OWNER WILL BE ENTITLED. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR CON. SEQUENTIAL DAMAGES. 5. II is expressly understood and agreed thai Contractor shall be entitled to liqui. dated damages in the amount of 25% of the cash contract price, bul in no case less than $500 in the evenl this Agreement is lerminaled without the consent of Contractor unless terminated within 3 business days as provided in the aforesaid Buyer's notice of cancellation and thereafter in the event work has been done in WITNESS: ACCEPTED BY: Officer $ ". the rig III to arrange accordance with the terms of Ihis conlract, Ihen Contractor shall be entilled to liq- uidated damages in the amount of 15% 01 the cash contract price plus the propor- t'lonale price of any worK performed. 6. No subsequent addition, alteration, deletion or modification 01 this Agreement shall be valid unless in wriling and signed by Owner and Contractor. 7 The Contractor shall deliver to Owner upon complelion of the work a written limited producl warranly. This limited product warranly automatically expires upon transfer of ownership from the original owner. This warranty covers material and labor. No other warranties, implied or expressed, are applicable to this Agreement. 8. As used here "Owner," if there be more Ihan one, shall mean "all of Ihe Owners, Of each or any of them" and in such cases the are jointly and severally bound 9. Owner hereby certifies that he has read this Agreemenl and the Warranty, the terms and conditions and the meaning thereof have been explained to Owner and Owner fully understands them, there is no understanding between the parties here- to, oral or otherwise, than as set forth in this Agreement and warranty; no stale- ments, promises, commitments or representations, not contained in this Agreement or warranty have been made by the Contractor or by any of ils agents 10 induce Owner to execute this Agreement; and therefore, Owner agrees thai Contractor is not responsible or bound by any representatlon or commitment not contained in this Agreement or warranty made by any agent or employee of Contractor, unless the same shall be reduced to writing and executed by an autho- riz.ed representative at Contmctor. C-/ ~ (L.S) 1----' (L.S.) \Ii .~ '011- IOwner) i!'\ ",,"'~ -~~ -~ . ~ ~ "-~"",,. 0'" ....' ..' . ' . ' , t SU~SAVER ENCLOSURES, , ,-- -;, . -"'7 Suile f' . lIDO Lewis Road lIarrisburg, p,~ lilll +1l\_""'7 ;:',;W;-;-"0 INC. ~ ~ ~~ 11/05/99 '!< Abdul Av;hter ... N>V'....~ Ai -AK~+e fG. 4801 Trindle Rd. Mechanicsburg, Pa 17055 T: 717-737-4375 (H) 717-737-2831 0N) 717-545-31670N) . l'2e.. ~ LVo r L< ',- 3o.:r- !<.q.'1 ~. !-1-ec.11+<v.c"S. b u~ P4. I--'D~ Re: KITCHEN (150 SQ. FT.) CONCRETE PATIO (144 SQ. FT.) 1. At a point at the rear of the family residence at Excavate for a footer 36" deep; 12'-6" long x 12'projection and adjacent patio 12' x 12' projection. To total footer = 24'-6" x 12' x 36" deep. 2. Pour and reinforce and insulate footer. Install 2A modified stone base tamped. 3. Lay up concrete block 8" x 8" x 16" around perimeter and pour same. 4. Form and pour 3500 lb. concrete slab x 4" thick reinforced with \NW10. 5. Frame 12' x 12' kitchen addition with shed style studio roof with 12" front soffit. Walls 2 x 4 16" OC Single bottom plate 2" x 4" "P 1- Double top plate Reinforce C0rners Ceiling joists 2" x 6" x 16" DC Rafters 2" x6" xJ6" oca-. Sheating W CDX plywood W Plywood.at addition outside corners. Install celotex and Tyvick sheating exterior roof and 15 lb. felt. 25 year asphalt shingles Metal drip edge and install 12'-6" aluminum K gutters and leader. 1 x 4 rake trim. . SOLAIUUI-IS . CONSERVATORIES. GREEN HOUSES*' WINDOWS ~ SKYLlGlfrS . CANOPIES. WALKWAYS. 1'001. ENCLOSURFS ,",' , I ~~ I' , ~~~" ~_.\ ~_. .x. \', " (: \. ,'. , ,; . : :' 0',_';--,. \"~';'; i'i"-:' ,,"'{;F<~.;;l~'tl '_~'i,---' '" ,:*'lh INC. ~:~ ~~ \~l:':',' .,. -,. .; 6. Provide: 1- 6'-0" x 6'-8" patio door 1- 3'-0" x 6'-8" service entry door 1- Picture window and double hung side flankers ~ K ~ 6" fiberglass roof insulation - 4" fiberglass side walls insulation 7. Electric Schedule 6 duplex receptacles 1- Paddle fan with light kit ($90.00 allowance). 1- 3 way switch 8. Heat, N.I.C. - by others 9. Painting, N.l.C.- by other 10. Dry wall walls and ceiling Y:," 11. Install ranch casing and base trim. 12. Install vinyl siding around exterior of kitchen addition and gable ends; also a vinyl vented soffit. 13. Provide and install a Bruce laminate kitchen cabinets as per the attached schedule: Style Premier Countertop Formica post form 1- stainless steel sink 1- Delta single lever faucet and spray 1- GE 900 Dishwasher 1- GE standard Gas Range free standing 1- Broan 4000 Range hood, ductless 14. Rough in at common house wall plumbing for drain and supply. 15. Wire all kitchen appliances. . SOLARIUMS. CONSERVATOlUES . GREEN HOUSES*' WINDOWS ,. SKYI.IGIITS. CANOPIES Jill WAI.J<WAYS" POOL ENCLOSURES < , ,~ 1-- "" "' cO, ~~ ~j ",. OJ~~,...... --~k..'? ,,'ii ~'" 71"" ." .---)" ,""" " --~: INC. ~ dB . . SlJN:aSAVER ENCLOSURES, :~ . ftL.. ".. ,..;. Suite F .. lI00 Lewis Road lIarrisbur~, Il.~ I i III 16. Refrigeratol~.- '"l "IIl!l1 Table, N.I.C.- by owner Gas rough in N.I.C.- by others r17/PU/4VC€-~~ ~C'a::J ~f L5-J/lJ1 !iediJ kp ~~iJl ~f~ t 17, 18. Provide and install vinyl sheet flooring ($12.00/sq. yard allowance) -.., Terms: Job Cost Installed Per Specifications $17,797.00 10 @ o<!)o('~ ~ ~t)v 40% Deposit ~ 57. oeyoe -r8 Nfl; a9% at Jab start ~r+.-~ (jjl g I?a?-a;> '. 20% under roof (J? -:=::/N7CO 20% at job completion . -4P 3 <6""Q:':)- {DC) ~ Owner's Acceptance // kr/1'1C Date / ___ /J/J -1f/!q (JL- Jerry ohen President Sun Saver Enclosures, Inc. /~~117 .. SOl.AIUUMS .. CONSEI<VArORII:S .. GREEN HOUSES" \VINIJOWS .. SKYLIGHTS" CANOI'II:S .. \!V;\I.KW;\yS . POOl. ENCl.OSURES - " ~ '.1 ! o 3/13/00 ,.", ~. ':::""o"""",,'Y<$W"'-:;' .. 41i' ,.. C.%,:~h(,Jj ..l;1;" ~::,'", SH~iSAVER ENCLOSURES, INC. }fW":__/ -::,,>.::::<"~" " --::;1+<<>"'. @4l".1l.1,::Z,t't? l-m-721-m~ '~{'fit,J'I4,,! Suite F . mo Lewis Road 'if' Harrisburg, Pll7l11 Abdul Akhter Noreen Akhter 307 Kay Rd. Mechanicsburg, Pa 17055 STATEMENT Balance Due on Contract Refrigerator Allowance $3,800.00 5 500.00 $3,300.00 Additions: A. 1xl wood maple kitchen and hardware in lieu of Bruce laminate cabinets specified in contract- $ 787.50 8. Additional electric and gas iabcr and me.terials- 8 electric lines specified, 20 electric Jines installed. cos~ ,-:/ c. additional 12 eiectric iines & breakers I "bar "oooe-, :>n,.; ev-i~6or f'''''' _...~ . I ..." , . _.1... ."I.t.l::;.l ':;j'-..... Gas tank & gas, not in contract (NIC) Ground fault and receptacle Concrete slab on Teater & blcck Specification: 24'6' x 12' Instailed 28'S" x 'j 2' Cost for additionai 4' x12' concrete Slab- ;;; 660.00 S 266.00 ~ .i5.00 S 695.00 Total Balance Due on Receipt $5.753.00 ~ SOLARIUMS iif CONSERVAlOl~IES . GREEN )-lOUSES i> WINDOWS '\" SKYLlGllrS . CI\NCJPIES ,~ WALKWAYS" ]'001. ENCIOSUHI\ IP'/~ (',Ii,~rr UWU ti\.rh~W~ i ~ .~ 1~':;,' .; i-' ~. ... -,- .. -~ ~~". - - c,~: ;." ~_,4__ "_-"C'_.;-'," "",,-, "'-"_ ,~' - c_-",1";_, -, ,-"~-_",,, ~"~.;,'~"ili,,' ';,_, ,~ - "': ~ VERIFICATION I, GERALD M. COHEN, President ofthe Plaintiff herein, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: /tJ /;r/ >otJcJ I I Ji' ..--~ -', < ~~-,,' " ~^,' --~ ", '.'", "<,. ""'"'>'~'d' ,~,~ ..,~,', .""- -~'._" . ~'"''''''F"''''~'''~., '." , ~ :, ~" ' '- C\ J0 ~ - ...::t G' '/) --0 '6} ~ -.J:: "..z:, .~ ~ P ~I () ~ V~G J \:JUJ ~ ~ 1- ti ~~ c ~,-,. , ,'0""""_.,,, -<.- ; ::::... l~':'_" "-'.,- :-;i._j t: ~~~~ 3. () f; c-- . " .,. -'j ":::-."1 :.~ .-1 --,,:) ,;~8 ' ' , J ."-;-! "::,-jo- eo" :< ~'-? ....J f^ "W'"'<'"~ --." - ~,.,,~~~ ~~"- ~-, I ~ -~ '''"'".,,~ '1'i0: ~ ;.." + SHERIFF'S RETURN - REGULAR CASE NO: 2000-07128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUN SAVER ENCLOSURES INC VS AKHTER ABDUL ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania. who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AKHTER ABDUL the DEFENDANT , at 0019:30 HOURS, on the 19th day of October ,2000 at 307 KAY ROAD MECHANICSBURG, PA 17055 by handing to ABDUL AKHTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So Answers: ~~~: R. Thomas Kline 10/20/2000 RONALD D. BUTLER Sworn and Subscribed to before By: A~ e!r~~ Depu y S eriff me this )3~ day of (Jo-;.J"., .,2A-ui) A. D. ~._O.ltUijr~ rothonotary ,"'''01'"",,,,- ,,~.~ ... -I _ ~;' . SHERIFF'S RETURN - REGULAR J CASE NO: 2000-07128 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUN SAVER ENCLOSURES INC VS AKHTER ABDUL ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AKHTER NOREEN the DEFENDANT , at 0019:30 HOURS, on the 19th day of October ,2000 at 307 KAY ROAD MECHANICSBURG, PA 17055 by handing to ABDUL AKHTER (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 so;:~~~ R. Thomas Kline 10/20/2000 RONALD D. BUTLER Sworn and Subscribed to before By: /2~/l!~ ' "Deput Sherlff ~ me this .23A..e1... day of ~ ~_ AD O'"!hJi,-v ~ rothonotary I ~~f3'-' 1.1 SUN SAVER ENCLOSURES, INC" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7128 CIVIL TERM ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW TO: SUN SAVER ENCLOSURES, INC. You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be ent~ed against you. ~tUl:>. ~ Thomas D. Gould Attorney for Defendants LD. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ,,~ ~~;" SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7128 CIVIL TERM ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW ANSWER. NEW MATTER and COUNTERCLAIM AND NOW comes the defendants, Abdul and Noreen Akhter, by and through their attorney, Thomas D. Gould, as files this answer and new matter. 1. Admitted in part and denied in part. It is admitted that Sun Saver Enclosures, Inc. is a corporation registered to do business in the Commonwealth of Pennsylvania. Denied that its principal place of business is 6904 E. Club House Court, Harrisburg, Pennsylvania. The Commonwealth of Pennsylvania, Department of State, Corporation Bureau lists the address.of Sun Saver Enclosures, Inc. as 4400 Lewis Street, Harrisburg, Pennsylvania. Plaintiff's Exhibit A lists suite F, 440 Lewis Road, Harrisburg as principal place of business. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that the parties entered into a contract dated November 5, 1999, Denied that the incorporated specifications to exhibit A are true and correct. The specifications accepted by the parties are as set forth in Defendant's exhibit A. c. ~ ~," ~~ '~.",~I':"",,- . ~ ,,".. '~~~i 5. Denied. The total contracted price, including the changes and modifications was $17,297.00. 6. Denied. The Plaintiff has not performed all of his obligations pursuant to the contract. The Plaintiff has failed to complete the project as contracted. 7. Admitted. 8. Admitted that Defendants have not tendered final payment on the balance due because the work has not been completed. It is admitted that once the project is completed, Defendants would owe Plaintiff $3,300.00, less credit as set forth in the counterclaim. 9. Denied that there were various "extras" to which defendant agreed to pay. Admitted that Plaintiff, after refusing to complete the contracted work, made demand to Defendant for various "extras". 10. Denied that the total amount due and owing is $5,753.50. The total amount due would have been $3,300.00 onc'e the contracted project was completed. 11. After reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment and strict proof is demanded. WHEREFORE, the Defendants respectfully requests that this honorable court dismiss this complaint. J~ llll'.i!:l~~i;t;ti NEW MATTER 12. The answers to paragraphs 1-11 are hereby incorporated in this new matter as set forth in their entirety. 13. The contract provided that the project would be completed, weather permitting, by 1/1/99 (sic). 14. In March 2000 the project was not completed. 15. In a letter dated March 16, 2000 Defendants' attorney informed Plaintiff of the deficiencies in the completion of the project. A copy of the attorney's letter is attached as exhibit B. 16. Among other things Defendant was to complete a deck off the rear door of the addition. 17. Plaintiff's counsel replied that the deck was not included in the contract and for the first time set forth a proposal for the erection of the deck. The proposal is attached as exhibit C, 18, In correspondence dated April 20, 2000, Plaintiff's attorney forwarded a Statement dated March 13, 2000 that set forth allegations of ftadditions". 19. Defendants had not previously received a copy of the ftStatement". 20. At no time prior to receiving the ftStatement" had Plaintiff indicated to Defendants that there were any ftadditions" or ftextras" associated with the project. . ~-~ H ~-- ~ -'jJjj,'C"J!!i; COUNTERCLAIM 28. The answers to paragraphs 1-27 are hereby incorporated in this counterclaim as set forth in their entirety. 2 9. Plaintiff has refused to complete the proj ect at the agreed price. 30. Work remains, as set forth in exhibit B, to be completed on the project. . I,..;.......", ,'" ""_~.... I ~~,.1!i.i*$- 31. Plaintiff has made no effort to construct the deck. 32. Defendants hired another contractor to build the deck at a cost of $2,500.00. 33. The cost of the deck was included in the contracted price for the project with Plaintiff. WHEREFORE, Defendant requests this honorable court to order Plaintiff to pay Defendant for the cost to complete the work under the contract and reimburse Defendant $2,500.00 for the deck, plus interest, costs and such other appropriate relief. Respectfully submitted, ~4?D. ~ Thomas D. Gould Attorney for Defendants 1.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 , - ' I.~ __ -- "~ . - :ill" 'li?tHltliillir,-~_ VERIFICATION I verify that the statements made in this ANSWER, NEW MATTER and COUNTERCLAIM are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: HIli /OV I I , -.' . ~ '4~-'" _)~.,' ,~_ 'I_'_~~'_'_C".._;,;.\~__,.,.';,,_;,. . ~ . . "" /~' G..~-:'~ 0'" '. .' . , . . , '-I , J~iI~~~\~::1 :,,:t~,~:~1F .. '.:,,~;,,- -~- . ""~ Suilr .'. 1100 trwis Ruad lIi1rrisbllr~, P,I 171" INC. ~_ "S(j~\q~AVER ENCLOSURES, 11/05/99 \< Abdul A~hter ." ~V'urJ AJ<4+ete.. 4801 Trindle Rd. Mechanicsburg, Pa 17055 T: 717-737-4375 (H) 717-737-2831 fYI/) 717-545-3167fY1/) . f2e.., ~ LVo .... t< ',- 301- 1<"\-'1 r<.J2. 1-1-ecl,I'\-;V'< ~ h u~ PC{ '{c>~ (L-T IO-l7..-S2.7-47 h."'f 41.... Re: KITCHEN (150 SQ, FT.) CONCRETE PATIO (144 SQ. FT.) 1. At a point at the rear of the family residence at Excavate for a footer 36" deep; 12'-6" long x 12'projection and adjacerit patio 12' x 12' projection. To total footer = 24'-6" x 12' x 36" deep. 2, Pour and reinforce and insulate footer. Install 2A modified stone base tamped. 3, Lay up concrete block 8" x 8" x 16" around perimeter and pour same. 4. Form and pour 3500 lb. concrete slab x 4" thick reinforced with VWl/10. 5. Frame 12' x 12' kitchen addition with shed style studio roof with 12" front soffit. Walls 2 x 4 16" OC Single bottom plate 2" x 4" -17<:'"",f.;!J., -;P"".egSvV'2~ Double top plate ' Reinforce corners Ceiling joists 2"~" OC ..a I I f'/7JF} Rafters 2" x lV"xJ3" ~ ~JU l.,~ tp~ Sheating Yz" COXpIyWOod Yz" Plywood at addition outside corners. ~~ Install celotex and Tyvick sheating exterior roof a~~. J J L j;,;: 25 year asphalt shingles ". Metal drip edge and install 12'-6" aluminum K gutters and leader. 1 x 4 rake trim. ,.. . SOI.ARIUMS . CONSERVATORIES. GIU:.F.N HOUSES. WINDOWS . SKYI.IGIITS . CANOI'IFS . WAI.KWAYS . POOl. ENCI,OSURI~~ ......,_.u G:><h,-b:t- 11. ! '_d_" _. .-, ",",", 1,..1 -" ;",,<,-,;,,< ,- ,-,"'i-,";,_i.~,-:',,~, ~~ ~~ St1~~SAVER ENCLOSURES, INC. ~. . "'il ~....,_ SlIilr f'. 1100 I,rwis Rllad lIarrisbllr~. 1',\ lilll 6. Provide: 1- 6'-0" x 6'-8" patio door 1- 3'-0" x 6'-8" service entry door 1- Picture window and double hung side flankers ~ J,p X '>0 t:?/) 6" fiberglass roof insulation /'"' 70 ~ 4" fiberglass side walls insulation 7, Electric Schedule 6 duplex receptacles 1- Paddle fan with light kit ($90.00 allowance). 1- 3 way switch 8. C;;t~t~--~r~ e'f(sf/~ I!k/~ ;6~)(~.vp~~ -0 y S' s ~ oc..:::.-~ 9. Painting, N.I.C.- by other . 10. Dry wall walls and ceiling Y:z" 11. Install ranch casing and base trim. 12, Install vinyl siding around exterior of kitchen addition and gable ends; also a vinyl vented soffit. 13. Provide and install a Bruce laminate kitchen cabinets as per the attached schedule: Style Premier Countertop Formica post form 1- stainless steel sink 1- Delta single lever faucet and spray 1- GE 900 Dishwasher 1- GE standard Gas Range free standing 1- Broan 4000 Range hood, ductless 14. Rough in at common house wall plumbing for drain and supply. 15. Wire all kitchen appliances. .p . SOLARIUMS. CONSERVATORIES. GREEN HOUSES. WINDOWS . SKYLlGIITS . CANOPIES. WALKWAYS. POOl. ENCLOSURES ~ ""'-"",.' " 1--<1, ,,",if" '~, .; ", ,~, -,'-c-,,",,-,' ,~, ,." ~'I ~-~-:.\'~ O. *'." ,!' , ' '<" : -. : ' , ~ 'f!" { '" ~ .J SPN:i.8AVER ENCLOSURES, INC. ~,.." ... Suite f'. 1/00 I.ewis Ruad lIi1rri,\hllr~, 1'.\ lilll 16. Refrigeratol$U..C.-""1 ""I~1 rh'/ptV;?;t)ce-Sj!t"~ ~~C1:2 Tab/e, N.I.C.- by owner 17. Gas rough in N.I.C.- by others P 18, Provide and install vinyl sheet flooring ( $12.00/sq. yard allowance) Terms: Job Cost Installed Per Specifications $17,797,00 10 d' ~o('~ ~ ~tJl9 40% Deposit ~ 5(oCJ,,"CJQ -r13 }/ftI -29% at JaB start 9f1"'T.-~ (j). g t?,Cl:?a:;> 20% under roof (iZ ?:/if77CO 20% at job completion "':). 0 ~ .:J '6'"~' a::> __ [~ iC.~.-~ViJ Al D N ~\~iz;:. @ ~ Owner's Acceptance dtcrl '79 f . ( \q )y),2-. t~ __ /J/J -2f/q CJL- Jerry ohen President Sun Saver Enclosures, Inc. /i;h/17 :~ . . 5m^llIlIM~ . C()N~rnVI\T()I!"~ . GIUJ'N IhHI~r~ . WINI1t1WR . SK\'lIr:iIIS . C"N(lI'll'~ . W.\IJ'\\}.\\'~ . PUUI. F~jn(JIiIIIUS 'IT. - -M. ~'.~~ -I';~' >,0.-:"'._ '- ,,- , ~ilt 'lfwmas V. you[cf 2 EAST MAIN STREET SHIREMANSTOWN,PA 17011 ATTORNEY AT LAW (717)731-1461 FAX 761~1974 March 16, 2000 JERRY COHEN, PRESIDENT SUN SAVER ENCLOSURES, INC. SUITE F 1100 LEWIS ROAD HARRISBURG, PA 17111 Re: Abdul Akhter 307 Kay Road Mechanicsburg, PA 17055 Dear Mr. Cohen: I represent Mr. Akhter. He has provided me with a copy of his contract with you for the construction of an addition, patio and deck to his home at 307 Kay Road, Mechanicsburg, Pennsylvania. I have also gone to his home to inspect the w01:"k and area. He informs me that you are demanding the payment of the final $3,800.00 owed under ~he contract. It is obvious that you have not completed the contracted work and therefore M1:". Akhter is not tendering the final installment under the contract. By this letter you are being informed of the known items to be completed under the terms of the contract. (1) It was Mr. Akhter's responsibility to paint the interior of the addition. Pursuant to your instructions he painted the walls prior to you installing the cabinets. Unfortunately the dry wall installer did less than quality work and the joints required finishing after the walls had been painted and cabinets installed. The dry wall finishing was your responsibility. The cost of repainting the walls are now your responsibility. (2) No deck has been installed. (3) There is a missing part on one of the burners on the stove that you supplied. (4) There is an unacceptable gap at the siding joint between the addition and the original structure. (5) The top molding above the cabinets in the kitchen has not been installed leaving an unacceptable gap. (6) The outside patio slab was not constructed so that the water would drain. The result is a pool of water forms against the addition when it rains, (7) The outside trim/molding on the original structure was broken and not replaced af~er the addition was erected. (8) You have left debris and materials around the outside of the home. (9) When the cement was delivered large ruts were created on Mr. Akhter's and his neighbor's property. (10) Also a portion of his neighbor's bushes were cut, crushed or otherwise damaged. The bushes and ruts need to be repaired or replaced to the satisfaction of his neighbor. ,. fxh:h;t B ,. ,;",,,~,:.;-,--,,,- .;". -";,", ",--". 1-" .".., ~,.-,~.-,. ~","""" . ?" ,.--"- Upon satisfactory correction of the problems and completion of the deck, Mr. Akhter will tender the remaining $3,800.00 owed under the contract. If you are unable ~r unwilling to perform the work obligated under the terms of the agreement within a reasonable time, two (2) weeks, Mr. Akhter will assume that you no longer wish to honor the contract and he will deem that you have breached the contract and he will have the work performed by an alternative contractor. If the work cannot be satisfactorily completed by the new contractor for $3,800.00, Mr. Akhter will have the right to seek damages from you. The above list of deficiencies is a preliminary list. If other problems arise, you will be notified and given the option to make the necessary repairs or corrections unless it is deemed that you have breached the agreement and another contractor is performing the work. This is a very serious matter. Please contact Mr. Akhter to coordinate the completion of the required work by March 31, 2000 or have your attorney contact. Sincerely yours, -/&"41 1>. ~ Thomas D. Gould cc. Abdul Akhter "" ;-',""''''''~~,'., '- -I"'" ,~,,,,*,,-,, ~"j,,- .'w' ~~ ~~ --'>,dU, . ->^:~::( ~:th.;',SU~,;iSAVER ENCLOSURES, INC. WJ;>-__J/ ",'__.m< 1-888-i21-m~ Suite F it mo Lewis Road Harrisburg, p~ I i III 3/13/2000 Abdul Akhter Noreen Akhter 307 Kay Rd. Mechanicsburg, Pa 17055 PROPOSAL: Provide and install wood deck: size 12' x 13' With horizontal hand rails to sets of steps To grade plus 2 step hand rails Wood to be pressure treated lumber Set on 4" x 4" posts Set on 4 footer piers 12" x 36" deep Job cost Labor and Materials Installed $2.652.00 Terms, 50% down payment on contract Balance due onjob completion $1,326.00 $1,326.00 "" SOLARIUMS :I' CO:--lSERVATOIUES '" GltEEN !-lOUSES :I' WINDOWS ~ SKYLJ(;J ITS it C.\NOPII:'. '* WALKWAYS. POOL E",:I.OSUHF, - !::><n;-/); t c ~~ . . . .. ~.' . .,"J. ~_ , .' I ~I ,. , ,-' .', '~~'J:-.: SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7128 CIVIL TERM ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this W~ day of November 2000, I, Thomas D. Gould, Esquire, Attorney for Defendants, Abdul and Noreen Akhter, hereby certify that I have this day sent a copy of Defendants' Answer, New Matter and Counterclaim by depositing a copy of it in the United States mail, postage prepaid, addressed to: RONALD D. BUTLER, ESQUIRE P.O. BOX 1004 HARRISBURG, PA 17108-1004 DATED 1/- /'1- Oil ~fD.~ Th~as D. Gould, Esquire ID# 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 "'__'="",*_-0""_" I " , ." r-- ~ . __,,, -::,- -_.-.:"A 1- -- - ,__,,',,).;c."--_-,,;;~ ''-,'' _",' ~-,~~~ _,-j ~ _c:- - ,'..,_. SUNSA VER ENCLOSURES, INC. Plaintiff vs. ABDUL AKHTER and NOREEN AKHTER, TO: Abdul Akhter Noreen Akhter (Defendant) November 13, 2000: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-07128 P Defendant : CIVIL ACTION - LAW IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. A: Abdul Akhter Noreen Akhter (Demandado) November 13, 2000: COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE,PA 17013 TELEPHONE: (717) 240-6200 NOTICIA IMPORTANTE USTED NO HA COMPLIDO CON EL A VISO ANTERIOR PORQUE.HA F AL T ADO EN TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI US TED NO ACTUA DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE EST A NOTICIA, ES POSIBLE QUE UN F ALLO SERIA REGISTRADO CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU DCBA-200-Rule 4.7-4/3/81-M COURT ADMINISTRATOR 4th FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 TELEPHONE: (717) 240-6200 -, "~ ~_ :~,_, J. .. .. SUNSA VER ENCLOSURES, INC. Plaintiff vs. ABDUL AKHTER and NOREEN AKHTER, Defendant ---,--,"", "% ' ~ c _ -_", ~ , ,~ 'co, "--L:: I~-,c,; ;,,:,_ -~. -" -"" ,;.~': '~'~"'''''' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-07128 P CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the I '3~ day of fJ~~ ,2000, I served a true and correct copy of the foregoing lO-Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Abdul Akhter Noreen Akhter 307 Kay Road Mechanicsburg, P A 17055 DCBA-200-Rule 4.?-4/3/81-M /..' 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108 (717) 236-1485 ~ >^~.'" ..;i''-ilJ'" ~- fW~';;-";'''''' :';;'~>--lIi~~--" '". """" n.. h__",,,,,,~,_~,,~~,'w.,...e ,,<, _^",,_, "'c' .,., . ~"""-'-"-~",-. ,I,i ~'.i, ~ri' ~" "~~ ~" " ~ . J", , ~ _~., ,__~ ,,'_".~.< ,_ - _~ I, '..,.,' ",," .'." .," . ""- .'M ,. I , (") 'C:: (= Q :c;. -~ -rJ 1."i, ~-;~ rll F 2~ ":I: , ,", 2:: j~', u (f) c;, -< -j . ':~) ~ G .l.} ~~ ~ :Ji';: " C) '~ir~ :> c:-;' CO ,-j C --I Z ::> ')>- :::! (~l ~ ~ ,,~, ,q' ,~, ., 'e-'v , .-,eo ,:;':,--~ " , " , " 'I:" .-~i.7-f-;<~.:j;."- " .<''''-;. , " " " SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-7128 ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, cornes the Plaintiff, Sun Saver Enclosures, Inc" by and through its attorneys, Butler Law Firm, and files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim and in support thereof avers as follows: REPLY TO NEW MATTER 12. Defendants merely incorporate their Answers to Plaintiffs Complaint. 13. Denied. The contract speaks for itself. 14. Denied. To the contrary, the project as specified in the contract was substantially completed by March, 2000. 15, Admitted in part and Denied in part. Plaintiff admits only that it received said letter. . Plaintiff specifically denies the alleged deficiencies. 16. Denied. As indicated on Defendants' Exhibit "A", the deck project was not to begin until after completion of the contract and Defendants' payment therefor. The deck was not included in the cost or scheduling of said contract. Defendants neither paid in full for the completed work nor accepted Plaintiffs deck proposal (Defendants' Exhibit "COO). '," c' ."--' .-~ i -, <-.-' - -.', ,-">"',- ~-,',"--- ,,,,," "'- n>, <':,,,-,,1.- f.;' ~""L'--';"'b~';--,,:~:,,- """"1 .' ,. .'; 17. Admitted in part and Denied in part. Plaintiff admits only that its counsel replied that the deck was not included in the contract. Plaintiff specifically denies that this was the first time the deck proposal was set forth. To the contrary, Gerald Cohen, President of Plaintiff, personally delivered a copy of the deck proposal (Defendants' Exhibit "COO) to Defendant Abdul Akhter's place of business on or about March 13, 2000. Mr. Cohen also hand delivered a copy to Defendant, Abdul Akhter, at his residence several days later. 18. Admitted. 19. Denied. To the contrary, Gerald Cohen, President of Plaintiff, personally delivered a copy ofthe additions statement (Plaintiffs Exhibit "BOO) to Defendant Abdul Akhter's place of business on or about March 13, 2000 (along with a copy of the deck proposal), Mr. Cohen also hand delivered a copy ofthe statement to Defendant, Abdul Akhter, at his residence several days later. 20. Denied. To the contrary, Plaintiffs President, Gerald Cohen, explained to Defendant, Abdul Akhter, on numerous occasions prior to March 13, 2000, that Defendants would have to pay for any additions or extras not included in the original contract price. 21. Admitted in part and Denied in part. Plaintiff admits only that the matter was discussed prior to the purchase. Plaintiff specifically denies that it was agreed that no extra cost would be assessed. Paragraph 13 of the contract specifies Bruce laminate cabinets. Plaintiff explained to Defendants that their choice of wood maple would result in an additional cost. 22. Denied. To the contrary, the work specified in Additions B. was not included in the contract. "~~ -~-" - , <<,. .-.-'",,-,", . - "'~ ",'c- ;~~,k,t-.;~'. . ,~. """_n,,_,,,,-,,_ ,_ _ .' 23. Denied. To the contrary, Plaintiff substantially completed the electrical and gas work specified in the contract and in the additions statement. 24. Denied. To the contrary, Plaintiff did not make any errors of measurement. The increase in the size of the slab was at the demand of Defendants, causing additional work for Plaintiff. 25. Denied. Based on Plaintiffs recommendation that the slab should not align with the house in order to prevent a run-off problem, Defendants agreed that it should not align with the house. 26. Denied. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the allegation that Defendants did not make any measurements. As such, said allegation is specifically denied and strict proofthereof is demanded at trial. 27. Denied. To the contrary, Plaintiff performed all work in a professional and workmanlike manner. WHEREFORE, Plaintiff, Sun Saver Enclosures, Inc., respectfully requests this Honorable Court to enter judgment for Plaintiff and against Defendants, Abdul and Noreen Akhter, in the amount of$5,753.50 plus interest and costs of this suit and grant all such other relief as it proper and just. , '~. ~; ,~,' '. -. I. ; , ._-_ ",,"-. _.-~--:," .--"-' ,-;'''. --.~, I, ,..;, '-',"' .-:^~' -"..~__ "'--~ -" .. . , ANSWER TO COUNTERCLAlM 28. Defendants merely incorporate their answers to Plaintiffs Complaint and their New Matter. 29. Denied. To the contrary, Plaintiff has substantially completed the project per the contract specifications and additions statement at the prices agreed to therefor. The deck project was not to begin until after Defendants made final payment on the contract and accepted the deck proposal. 30. Denied. To the contrary, Plaintiff has substantially completed the project per the contract specifications and additions statement at the prices agreed to therefor. The deck project was not to begin until after Defendants made final payment on the contract and accepted the deck proposal. 31. Admitted. By way of further response and explanation, the deck project was not to begin until after Defendants made final payment on the contract and accepted the deck proposal, neither of which has occurred. The deck project was not included in the original contract price. 32. Denied. Plaintiff is without sufficient information and knowledge to form a belief as to the truth of the allegation set forth in paragraph 32 of Defendants' Counterclaim. As such, said allegation is specifically denied and strict proof thereof is demanded at trial. 33. Denied. To the contrary, the cost of the deck project was not included in the contract price. Rather, the deck project was contingent upon Defendants' paying in full for the . .~~ ""-. , .,; ~,' -~, - ,- ,- ~'<~" "'-:.'~ -,,,,- _0 -"i< -,-,___._ - 0, , .,,;. I, ,:",",,_ _,' _'~_\..-A ..-', - -"';;S-.. __ ii .;;-'.:~~ l work that was included in the contract and all additions thereto as well as Defendants' approval ofthe deck proposal. WHEREFORE, Plaintiff, Sun Saver Enclosures, Inc., respectfully requests this Honorable Court to dismiss Defendants' Counterclaim with prejudice and enter judgment for Plaintiff and against Defendants, Abdul and Noreen Akhter, in the amount of $5,753.50 plus interest and costs of this suit and grant all such other relief as it proper and just. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff /4JJ;;T- Ronald D. Butler, Esquire LD. #09826 By: Jana Butler Toole, Esquire LD. #80574 500 North 3rd Street, lih Floor P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 "',' ,'~~ -,-" .~ 0- ,--- "-"~",.",;. . -' -.'_';, '" ,i.___.-.__,.",; ",;-',:' , _ . :,'.-J" ?~,; :,:. ;';( ~; -,;'--:--- , lJJi!it~: , , VERIFICATION I, GERALD M. COHEN, President of the Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter and Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I/l~oloo J ,.".. .'~"" _'. "r.'" - , , , ,,' --~----, ," -'..-~~ " "'-,'_'..-. s',__ ,- '-" #-.' .'" ~,', , '~j'h,. ,,' ~;,:,,-__.,,_ --.' , . ,,''--':-); SUN SAVER ENCLOSURES, INC. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-7128 ABDUL AKHTER and NOREEN AKHTER, Defendant : CIVIL ACTION-LAW CERTIFICATE OF SERVICE I, Jana C. Butler, Esquire, hereby certify that on the ~;;l"'l> day of November, 2000, I served a true and correct copy of the foregoing Plaintiffs Reply To New Matter And Answer To Counterclaim by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Abdul Akhter and Noreen Akhter c/o Thomas D. Gould, Esquire 2 East Main Street Shiremanstown,PA 17011 .,,,.,....- I ~.. " Jana utler Toole, Esquire Attorney for Plaintiff LD. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, P A 17108 (717) 236-1485 , 1 SUN SAVER ENCLOSURES, INe., Plaintiff v. ABDUL AKHTER and NOREEN AKHTER, Defendants TO THE PROTHONOTARY: ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7128 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark the above-captioned matter as settled and discontinued with prejudice. Dated: January 15,2001 "\. BUTLER LAW FIRM Attorneys for Plaintiff By: MJ~~ Ronald D. Butler, Esquire LD. #09826 500 North Third Street P.O. Box 1004 Harrisburg, PAl 7108 (717) 236-1485 ;'-',- ~"-~ , . () 0 0 ~ - ""r, :-0$ k -".I mm :;<: 111 ;!! -<:7"1 :<:-- N "~'hl CI) S-::- N ',57 0-<2; 0 r-~, ::;:Lr: :;:;:'-'" "'"0 ~CI :;: ('j~ :z:;:O -::>1.. - !;:: ~J Of 0 .ii --, (.,J 3;j r<,J -<: - - ~. " ~ - ~ ., ^ 'e .--> ,,' '~'. . -" ~,- ''',- , 1',,;,::-_-_ " ..;,,- ',_' ~ ._ '~~.:.f;,' SUN SAVER ENCLOSURES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 00-7128 CIVIL TERM ABDUL AKHTER and NOREEN AKHTER, Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled and discontinued with prejudice. " Respectfully submitted, Date: 1/2,1/11' 7~..1) ~V Thomas D. Gould Attorney for Defendants LD. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 __,=' "" '"~'.~,j"c;"",, ',~ -0' , ". ~~ ; ~ .."~. ~, -. ~~""-""",. . ~ ",,~ --~ "' ~ . l'P '"~~'"1II~ - "~ ~--- . ~~ " 0 Cl C; c: .'n '5: r._ ..J '""OCG :~ mm ____----r--. Z:n z i-:'li:~ ZC W ~~' c:> "~7J~ ~~ :.- e5 ""'0 j;; () :1i: g~ 20 )>c: N ()rf"l ~ "4 0 55 <=> -< ~