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Home My WebLink About01-03754 ~. . , r ^ ,-",~- , , ._-.-J!ibli.lnl~_11r.111Vl~:ii" . . '\ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHENK NICOLE VS SOFA SELECTIONS ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SOFA SELECTIONS the DEFENDANT , at 1025:00 HOURS, on the 25th day of June , 2001 at 4920 CARLISLE PIKE MECHANICSBURG, PA 17055 ElLENE SPITLER, WIFE/OWNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriffls Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.44 .00 10.00 .00 35.44 r~~ R. Thomas Kline 06/27/2001 THOMAS DIEHL Sworn and Subscribed to before By: it;) hil &4CY-- Deputy Sheriff me this /9& day of ~ d/rlJ/ Cl~L<..- Q. h",pp, f rothonotary A.D. ,~' , ~-. ~, . , . - , L_~ _ ~"-~ lf~-'';i''in'''",' '\ SHERIFFIS RETURN - REGULAR CASE NO: 2001-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHENK NICOLE VS SOFA SELECTIONS ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SPITLER DONALD L the DEFENDANT at 1025:00 HOURS, on the 25th day of June 2001 at 4920 CARLISLE PIKE MECHANICSBURG, PA 17055 EILENE SPITLER, WIFE/OWNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriffls Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~/<:~ R. Thomas Kline me this If (b day of ~ .2-6r; f A.D. ~if~t~n?:a<:t. -, "fP, Deputy 06/27/2001 THOMAS DIEHL Sworn and Subscribed to before By: l~ . .oN i " I mi;. ~ SHERIFFIS RETURN - REGULAR CASE NO: 2001-03754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHENK NICOLE VS SOFA SELECTIONS ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHENK NICOLE the PLAINTIFF , at 1047:00 HOURS, on the 23rd day of July , 2001 at 507 LOUISA LANE MECHANICSBURG, PA 17055 by handing to EDWARD SHENK, FATHER a true and attested copy of COMPLAINT & NOTICE together with ANSWERS TO NOTICE AND COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18,00 6.50 .00 10.00 .00 34.50 So Answers: .r~~ R. Thomas Kline 07/24/2001 SOFA SELECTION Sworn and Subscribed to before By: me this (, I!'::- day of Q" rAA- c26-o ( A. D . ~AL ,L?~ ltt ,;iLA/ ~ Pr t onotary , ;. " . j-; -" "'~'" ~ 0.:.' 00' "_''''-.~~ , ), NICOLE SHENK 507 r,OUISA LANE MECHANICSBURG PA 17055 :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, : PENNSYLVANIA PLAINTIFF SOFA SELECTIONS, and DONALD L. SPITLER 4920 CARLISE PIKE MECHANICSBURG, PA 17050 :NO.2001-3754 CIVIL TERM :CIVIL ACTION--LAW DEFENDANT ANSWER 1) Defendant has no knowledge of Ms Shenks address. 2) Denied 3) Denied Sofa Selections is a trading name owned by a corporation. 4) Admitted 5) Admitted 6) Admitted 7) Admitted 8) Admitted 9) Admitted 10) Denied all items a b c 11) Denied, when sofa was inspected on August 30, 2000 I asked to see the staples that allegedly fell out. The Plaintiff's parents could not produce any, and no loose staples or any defects of any kind were noticed with the product. In fact the defendants mother went totally ballistic and I fled the house fearing for my safety. 12) Denied, Plaintiff's father advised that he thought the loveseat was defective. I advised that I would inspect the piece on August 30, 2000. 13) Denied . ~ ". ,'".-- >"";""'-" '""'-~~'lli,-, \ 14) Denied 15) Admitted 16) Admitted 17) Admitted 18) Admitted 19) Admitted 20) Denied, Plaintiff's parents called the store after I was chased from the house by the defendants mother acting in an insane manner. They stated that they were going to place the sofa outside and subject it to the elements. The loveseat was picked up to keep damages to a minimum regardless of how irrational the bahavior of the Plintiff's parents. I secured police protection who waited around the corner and when the loveseat was placed in the truck they left. 21) Admitted 22) Admitted 23) Admitted 24) Admitted 25) Admitted It was conveyed to us by the Better Business Bureau that in lieu of litigation this would be an acceptable remedy. 26) Admitted 27) Admitted 28) Said costs were agreed upon by customer through the Better Business Bureau. 29) Admitted 30) Denied Plaintiffs employer continues to provide various support to Plaintiff. a. Employment b. Legal reference materials h.- 0 I. l. c. Facilities for the continuance of this frivilous harrassment through the courts. 31) Admitted 32) Denied COUNT I 33) Admitted 34) Admitted as to new product, denied as to inferior. 35) Denied, payment was settlement as accepted by the Better Business Bureau. Defendant was under no obligation to make such an offer as Plaintiffs Exhibit (B) clearly states that orders are not subject to cancellation. 36) Denied, the defendant made an offer which was accepted by the plaintiffs parents through the Better Business Bureau. COUNT II 37) Admitted 38) Denied, Plaintiff offered no proof that the loveseat was of poor quality. Plaintiff refused to show staples when requested, Plaintiff refused to share the video showing staples, as well as the video which Plaintiffs parents said they made of incident when loves eat was picked up. Inspection of loveseat by Defendant failed to show any problem with subject loveseat. 39) Denied, Defendants inspection did not indicate any defect in the product, Plaintiffs parents failed to show missing staples, and provide plaintiff with video's as requested. COUNT III 40) Admitted 41) Denied, Exhibit (B) clearly states orders are not subject to cancellation. 42) Denied, Exhibit (B) clearly states orders are not subject to cancellation. 43) Denied _,0 ~ ~~o~:~M!k,1';,. " . -"J '" . . ~ , ,~ "> "'---~~" 44) Denied, Defendants inspection did not reveal any inferior workmanship on the piece. Plaintiff's parents refused to show the missing staples on August 30, 2000 and has refused to share video's of the product or the time the product was picked up to leessen the damage of it's exposure to the elements. f)~rL ~ 7 -- cr -0 J ,~~~ ~ - :1 . " -'-'., ." , - ~< ~':"""'11:f---\ , " J . , . , . NICOLE SHENK, 507 Louisa Lane Mechanicsburg, Pennsylvania 17055 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001- 3?q CIVIL TERM SOFA SELECTIONS, and DONALD L. SPITLER, 4920 Carlisle Pike Mechanicsburg, P A 17050 Defendant : CIVIL ACTION-LAW NOTICE 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 other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 3166 .- I >1 ,.-.;. c ~ll.:~' t ,. , " NICOLE SHENK, 507 Louisa Lane Mechanicsburg, Pennsylvania 17055 . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2001- ,J ?~-y CIVIL TERM SOFA SELECTIONS, and DONALD 1. SPITLER, 4920 Carlisle Pike Mechanicsburg, P A 17050 Defendants : CIVIL ACTION-LAW COMPLAINT The Plaintiff, Nicole Shenk, through her attorney, Thomas S. Diehl, makes the following Complaint, and, in support thereof, avers as follows: 1. The Plaintiff, Nicole Shenk, (hereinafteL"Plaintiff') is an adult individual who currently resides at 507 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2, The Defendant, Donald 1. Spitler, (hereinafter "Defendant") is an adult individual who is the owner and operator of Sofa Selections, located at 4920 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3, Sofa Selection is a merchant that sells household furnishings, 4. On August 20,2000, the Plaintiff's parents, Edward and Jean Shenk, (hereinafter "Parents") used the Plaintiff's credit card to purchase a loveseat and a sofa at Sofa Selections. 5. Defendant represented the loveseat and the sofa to Parents as being new items, 6. Defendant stated to Parents that sofa was not in stock and would have to be ordered. 7, Parents charged $639,18 to Plaintiffs credit card, which constituted payment in ~ A__~~ .' ,~, ,,",,"""" ". .,] . ~R -1;'-, f ~ r ' '. , , full for the loveseat, and $132.00 as a deposit towards the sofa, 8, Defendant memorialized said transaction with invoices numbered 2968 and 2969, attached hereto as "Exhibit A" and "Exhibit B" respectively, 9, On August 22, 2000, the Defendant delivered a loveseat to the residence of Parents located at 1102 Quincy Circle, New Cumberland, Cumberland County, Pennsylvania 17070, 10. The delivered loveseat was not new, but deteriorated, altered, andlor reconditioned such that: (a) Upholstery staples were missing andlor falling out ofthe piece; (b) Upholstery staples were not uniformly installed; and (c) Individual back cushions ofloveseat did not match each other. 11, Over the course of the two days following delivery, approximately twenty-one (21) staples dislodged themselves from the loveseat. 12. On August 25, 2000, Parents informed Defendant through two telephone messages to Sofa Selections that they were rejecting acceptance of the loveseat, and no longer desired to purchase the sofa. 13, On August 26,2000, Parents telephoned and spoke ditectly to Defendant to again reject the loveseat and cancel the sofa, 14. Defendant informed Parents during telephone call of August 26,2000, that order for sofa had not yet been placed, 15. Parents memorialized telephone calls with Defendant via a letter dated August 28, 2000, which was hand-delivered to Defendant on the same date, A copy of the letter is attached ,..'I. ~-~ "' . ~" "1,," ~ , ' '0 ',0 hereto and incorporated as "Exhibit C". 16, On August 26,2000, the par1ies agree to have Defendant come to Parents home to inspect the loveseat on August 30, 2000. 17, On August 30, 2000 the Defendant attended Parents home, inspected the loveseat, and informed Parents that he believed the condition of the loveseat was acceptable. 18, Defendant stated that the Parents could exchange the delivered loveseat for another in his inventory, 19, Defendant however stated to Parents that other loveseats in inventory would be of the same quality and craftsmanship as the delivered loveseat. 20, On August 30, 2000, following home inspection, Defendant reacquired loveseat from parents and returned the item to Sofa Selections, 21. Defendant gave Parents a receipt on August 30, 2000, indicating the loveseat was returned. A copy of the receipt is attach hereto and incorporated as "Exhibit D", 22, Following August 30, 2000, Parents were no longer in possession of the loveseat, had never received the sofa; and accordingly requested a refund of moneys paid to the Defendant. 23, In spite of Plaintiff s requests, Defendant refused to refund any money, 24, On or about September 2000, the Plaintiffs filed a complaint against the Defendant with the Better Business Bureau of Lancaster, Pennsylvania. 25, On November 14, 00, the Defendant par1ially refunded the Daughter's credit card in the amount of$322.18, 26. Defendant delivered a memo to Plaintiffs, dated November 14,2000, providing an itemization of the money he withheld, A copy of the memo is attached and incorporated as 0.' , " J, l "Exhibit E", 27, Costs accessed in said November 14, 2000 memo were attributed to: (a) Cancellation Fee; (b) Delivery Charges; and (c) Restocking fee; 28. Said costs were arbitrary, without notice, and/or having no basis in fact. 29. Defendant ultimately responded to Plaintiff's continued request for an appropriate refund with a letter addressed to Plaintiff's employer, dated January 5, 2001, a copy of said letter is attached hereto and incorporated as "Exhibit F", which: (a) Threatened to initiate a law suit against Daughter's employer; and (b) Stated his intention to file a complaint with the Bar association against Plaintiff. 30. At no time was Plaintiff's employer involved with the transaction at issue with Sofa Selections, 31.. Save for the one time payment of $322.18, the Defendant has not further credited the Plaintiff's account. 32, Accordingly, the Plaintiff as sustained damages in the amount of $317.00 plus interest. COUNT I UNFAIR TRADE PRACTICES 33. Paragraphs 1 through 32 are 'incorporated herein the same as if set forth at length, 34, Defendant represented furniture as new and in acceptable condition, however u, ~-. ".4,,:':(: J' . I . '. -1" delivered an inferior product. 35. Defendant maliciously charged fees to Plaintiff, that were arbitrary, without notice, and/or with basis in fact in order to withhold the full refund due and owing to Plaintiff. 36. The Defendant's above conduct was contrary to the requirements proscribed in the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201 et. al. COUNT II IMPLIED WARRANTY OF MERCHANT ABLILITY 37. Paragraphs I through 36 are incorporated herein the same as if set forth at length. 38. Defendant's loveseat as delivered to the Plaintiffs parents was of such poor quality as to not be fit for ordinary purposes nor did it conform to descriptions of new furniture. 39. Accordingly, Defendant breached an implied warranty of merchantability as proscribed by the Implied Warranty of Merchant Ability Act, 13 Pa.C.S.A. Section 2606. COUNT III BREACH OF CONTRACT 40. Paragraphs I through 39 are incorporated herein the same as if set forth at length. 41. Plaintiff, through Parents, rejected sofa upon delivery. 42. Plaintiff, through Parents, cancelled order of sofa prior to order and/or delivery of the same. 43. Each rejection/cancellation was conveyed to Defendant within a reasonable time. 44. Accordingly, Defendant's refusal to discontinue transaction and refund Plaintiffs moneys were contrary to that proscribed by Pennsylvania's Uniform Commercial Code, 13 Pa.C.S.A. Section 2601(1). ~-,. ~ ~~ ~L _~~,.u~ 1 L ( (I !< , ., . 'J,' WHEREFORE, the Plaintiff, Nicole Shenk, demands judgment against Defendant as follows: A. For treble damages as proscribed under the Unfair Trade Practice and Consumer Protection Law; B. A full refund of the remaining balance of the above described transaction plus accrued interest; C. Such reasonable costs and attorney's fees incurred by this action; AND D. For such other relief as the Court may deem necessary or appropriate Respectfully bmitted, Date: h-tS--O( omas S. Diehl Attorney for the Plaintiff One West High Street Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX . ~ jLl~iJli!. lil1,,1" ,w' .l . 1.; 1" '1 ., J l) . '. I. ,I VERIFICATION I verify that the statements made in the foregoing document 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. '--r\'_C5,:>l n-J'~ NICOLE SHE , Plamtlff "- ~J - w-i;oh " . " EXHIBIT A . ..~;;.;~u- ,..~... ~- . _'..-..~ . __ ' >"~:.-~l~r. ~_~~-'''?:' ~.> ..::~ -~:., ~f~'T .~~":"r.:":~~....---r ,J..of:'" .,.___~.~- 0 . :':".;.':...-...- , )..)~.. .J4f~~' . '.i-- "J"~""'- ,...9l10N~:~~;:;:-,}c-~;~::~ _ i;.,c~"::>--: ~~:r~~~;;~-~~~i~..- M:i: ,,'" ," it",,,,,,, ,,1i....~,.,.;: pille .,*'~F"'K' ""'~' O"~ J ~~. .~ L\ " .:;; t~",<loIl.~~~-~~;.S-,.~-,-,- -~---'_:.;;-~1!f.- - c:;o~: :~:.t~._~---'!r 4t!<','-t;MECHANICSBURG.'PAJ1055 .r;.'; .,"""" ','~ ".""... " J~~j,."..",':"=,,~..H "--'-",~".,{,~'J'<~~(7"''':;''~7)-~;;;';:';m:;.;',;; 0::."2'" ":<,,,,""~~/c .-...', <,,,.'-':~ . -r;';, -=/;,,,",,'j . ,-- ,,~"-, .."'~~,,- -~(U\J"Oa' ~;;,- .~--'-":_.' ,_' _ {,t-'\~VI7,""- . c ~1=i~i,~~~:TI,,10-9~ SAT 1~~~?;~~.~~...,~...~; ..~,::--..::. . .,' ." ,~-:o:,~-,~:.;::,,:.:.~, '_. . .'..f;;j-l "-'5J'V -:0.$"3/ 1'....-- ',,- ~~'il - - - "7] c~ .. -. . . ::~:~"/t'C;~~"'_~\'~~~." - - J.;'-~~" -' p. l &: . , ~ .n.",..I;C~-:l'" ,"-,' """'~. ....~..J:'0. t~ '" -~ ,'. ....~ -""' -~""'~ L..- -- / ~e.l...t9:M 7Zt7 fJ CIJII.FSS !YlJ.jJ /lfJ",6Hr {)15~Ut2~ l:' L__5 l.(3"1<t:'" :39 0<:' - G%- Tf1l'- L.i7 r!!cc ')If.f;P SOt:P.Cz.P, 3'0/# {P.F' If. EC.,(;1-U EO v-S-------- 8./J-L-A- wc...F --,,:::J - RESElECTiON ALLOWED PROVIDED NEW PRODUCT IS RETURNED WfiH1N 7 DAYS OF DEUVERY, NEW PRODUCT WAS F~.8RIC TREATED AND NOT ABUSED, ADDITION~J. DELIVERY COSTS WILL BE INCURRED, ORDERS AHE NOT SUBJECT TO CANGaLATION. ESTiMATED DELIVERIES ARE NOT GUARANTEED, DELIVERY FEE IS FOR DELIVERY SERVICES SCHEDULED DAY, SPECIFiC DAYS AND TiMES ARE AVAILABtE FOR AN ADDITiONAL FEE. ALL TABLES SOLD UNASSEMBLED, BUYER is RESPONSiBLE FOR MEASURING ALL DOORWAYS, DELIVERY ANO RESTOCKING CHARGES WILL APPLY IF R8URi'!81 flM 06"44-48, AAPIOFORMS,INC" TO REORDER CALL eOO-257-8354 THANK YOU-'- ."--....~'R ~" ^~~=~ J L_ " 'I~B'" 'll. ,I EXHIBIT B ~L ilNV01CE DATE " /: % LV' v 7th<.. 4000 '?'90G t) .. . LfWoO .;J. '1<=('7 _ S)..?, q y .J.3.2. 50 - 39'<0. 4Lf I AE U'l # I +:0;.) S7J 1'11' o C l.,.,l i../p P- I[ 17 r::/ S ,I'< ~klUCJL v.. RESELECTlON ALLOWED PROVIDED NEW PRODUCT IS RETURNED WITHIN 7 DAYS OF DELIVERY, NEW PRODUCT WAS FABRIC TREA~AND NOT I\6USED, ADDITfONIiL DELIVERY COSTS WILL BE INCURRED. ORDERS ARE NOT ~UB.iECT TO CANCELlATION, ESTIMATED DELIVERIES ARE NOT GUARANTEED, OELlVEliv FEr IS FOR DELIVERY SERVICES SCHEDUU;:O DAY SPECIFIC DAYS AND TIMES ARE AVAIlABLE FOR AN ADDITIONAL FEE. ALL TABLES SOlD UNASSEMBLED, BUYER IS RESPONSIBlE FOR MEASURING ALL 000RWMS DELIVERY AND RESTOCKING CH.~RGES V~LL APPLY IF RETURNED. "ORM 0644448. RAPIDFCRMS.INC,. TO REORDER CALI. 600-257.8354 o~98 THANK YOU . . '" I I,' EXHIBIT C ''"~ - ~, '-j, -~"J- , '. . . ... ., 'to Edward E. Shenk 1102 Quincy Circle New Cumberland, Pa.17070 August 28, 2000 Sofa Selections 4920 Carlisle Pike Hampden Centre Mechanicsburg, Pa, 17055 Dear Sir or Madam: This letter is in regards to our phone conversation to your store and Don Spitler on August 25th and 26th, We had a blue love seat delivered on Tuesday, August 22nd For the next two days, we found staples on the floor and noticed that the love seat had multiple staples falling out of the bottom of it, The staples were not put in the love seat in a uniform manner. Instead, they were placed staples on top of staples, many staples placed in corners and other areas, and many were about to fall out. This, along with some concerns about the appearance of the material on the cushions and the uneven matching of the back cushions of the love seat, has given us the impression that this loveseat is defective, You have scheduled Wednesday, August 30th to pick up the love seat because adding additional staples to the bottom of the love seat will not correct the problem, The phone conversation did not give us the ilJlpression that the sofa would be of better quality, So, we are canceling the~fa delivery for September 19th. Please cancel the sale of the defective loveseat and the delivery of the matching sofa, If you need the credit card to credit our account, please let us know, The phone number is 770-0531. Sincerely, c , I ^'~~Mff- . . ',,- . J ". EXHIBIT D _.-'-'~' , . ,,1 , --" '1,- 'A_" ~ In!LIVI!IlY ]' I. I' t t. J SOFA SELECTIONS HAMPDEN CENTRE 4920 CARUSLE PIKE MECHANICSBURG, PA 17055 717 763-8912 717763-9341 FAX .. I I ',' ~ tJ(J R T--rE41 p r " IV .t (,,0 (., t5-- .s HGt.) AME: IE IJ S' Ii fJ Nt<: TREET: ITY: HONES: DELIVERY INFORMATION ./" (l.. C I UfL A;te- f) DELIVERY ITEMS ZIP: SOFA L\S CHAIR TABLES OTHER I W .II x_~f}~& IN THE ABOVE ITEMS GOOD CONDITION. DATE: '("- 30 -C/ If7 PECIAL INSTRUCTIONS: IRECTIONS, DRAW A MAP IF NECESSARY: , . , - '_. , . . , "'- ' . oJ EXHIBIT E . f 0( ~ J __J .:,',1- . ~~;,- ." '~;." .~> . .10 1 It ' .', cf7+: dt'eIe<,ti<J1'U (<,J20 '&'a..l4k g{;fe ""11"";,,,,,,-,';,,,,,,,. ~a 17035 i/- /'1-0 () -$ G, .3 7. / 2j/ - ~.}'~(,--u-~--t. ~ ~~-c rIY.J~~ / /'u::txU4.--- j .;(.i- Ul'7fl/u__kc~ - 117. () () .- :J.. ~ /00.00- ;< /~--<-/~:; .'Y/ '?~o ~ r~ -' (DO. (90 C~L--<..-,,-~;t~:.,------- r :; 3:J::2./t -- J~ /~'-<'/~ - ,.I ~~. ~0_ . . . . .. ~ . ,... EXHIBIT F " 1-. ~r , -. ;-I.....~ ," ,.,,' ,,,:,,,.i " "'1, <- ~ ( , . 0( ; SOFA SELEC'l'/l)NS' HAMPDEN ~N'l"RE 4920 CARLISLE PIKE MECHANICSBURG PA, 17055 717 763-8912 717 763-9341 FAX .. " ,.'11' I' January 5, 2001 Mr. William G. Durden Dickinson College College & Louther St PO Box 1773 Carlisle PA 17013 I don't understand why a university as large as Penn State will take sides in attempting to perpetuate fraud against a small family business. However, I am not intimidated by your size nor the arrogant nature of your letter. There is a responsibility on your behalf to determine the facts, if you had you would not have made such ludicrous statements in your accusations. I look forward to the opportunity to counter sue you and the university in court. I will be filing a complaint with the Bar association on Ms. Shenk, as well as the university. I believe the actions of the university are despicable, lack judgement, show no moral character whatsoever, and is an inappropriate use of taxpayer dollars. Donald L. Spitler /, l"....~ / ~-01< --'1'-'- d f...-- +/vCJ~ Owner