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Home My WebLink About99-02424 " STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED : OF CUMBERLAND PLAINTIFF : COUNTY. : PENNSYLVANIA v. . : CIVIL ACTION : NO. 1999-02424 SEARS, SEARS WINDOWS. SEARS SIDING. AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, DEFENDANTS . : JURY TRIAL DEMANDED ~~f4/~ PRAECIPE FOR REINSTATEMENT OF RReBESG To the Prothonotary: Reinstate the complaint in the above captioned matter., \0 !';: \.0 ~E: ~.~ ;',1 -a ~.. ;:..;.~ ~ .' , ~ () -" Date: q (z1/Cf! I r;-: ..j ;;j:Q ...,h, .".0 S~9 ...~ ~~B C)m ;:;! .:.) :i:l \0 ~ " " IAW0Fl'ICl18 OF IHl'ltIU'lJ. HOGG 9 S.IWI0VER STREET SUITE 101 CARUSLE. PA 17013 STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED: OF CUMBERLAND PLAINTIFF : COUNTY, : PENNSYLVANIA v. . . : CIVIL ACTION : NO. ';;1<t'2LtCIVIL1000 SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, DEFENDANTS ~OTICE TO DEFEND . : JURY TRIAL DEMANDED You have been sued In Court. If you wish to defend Boalnstthe claims set forth in the following pages, you mllsttal<e Action wllhln twenty (20) days after this complaint and notice Bre served, by enterlno a written eppearance personally or by allorney and filing In wrltlno wllh the Court your defenses or objections to the claims set forth aoainst you, You are warned that If YOll fail to do so the case may proceed wllhoul you and a judgment may be entered against you by Ihe court wllhoul further notice for any money claimed In the complaint or for any olher 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 our WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 liberty Avenuo Carlisle, Ponnsylvanla 17013 Telephone: (717) 240-3166 Sears Windows, Sears Siding andlor American Home Improvement Products, Inc. and are persons In trade or commerce as defined under the Unfair Trade Practices and Consumer Protection Law. 6. Delores M. Bowring, a widow, died November 11, 1998 and Is survived by one daughter, Doreen Bowring, 7. Delores M, Bowring, deceased, and Doreen Bowring resided at, 341 Brick Church Road, Newville, Cumberland County, Pennsylvania. 8. 341 Brick Church Road, Newville, Cumberland County, Pennsylvania is a 1974 single wide Atlantic trailer. 9. Defendants John Palmer, Chris Winey and Stan Norris contacted Delores M. Bowring in 1997 concerning home repairs and had her sign three separate contracts with Defendants Sears, Sears Siding, Sears Windows and American Home Improvement PrOducts: Inc. for home improvements, 10. The first contract, attached hereto as Exhibit A, was dated December 5, 1997 and was for replacement windows for $6,494. 11. The second contract dated Jan~ary 25, 1998 Is attached hereto as Exhibit B and was for a premium siding package on the front of the lrailer for $3,964. An addendum, attached hereto as 2 ':~ '( , ... ;': 21. Defendants Sears, Sears Siding, Sears Windows and American Home Improvement, Inc. knew or should have known that Defendants Palmer, Winey and Norris made the representations and therefore constructively approved of the representations. Wherefore, Plaintiff alleges the Defendants com milled fraud and demands $13,792.90 representing the difference between the amount Delores M. Bowring paid and a competitive price in this local area for the same services, plus costs, interest and attorney's fees and any other relief the Court deems appropriate. t+ /-2 '?~ he Date: ~ ( IAWOFFlCElOF EPHENJ. HOGG S, HANOVER smEET SUITE 101 :ARUSlE. PA 17013 5 ExhibIt A '1 i .'. . I ;' 7tiA- 45l/4-ms feMI.. . ,SEA."S Windows SOLO, FURNISHED & INSTALLED BY AMERIOAN HOME IMPROVEMENT PRODUOTS, INO, A SEARS AUTHORIZED OONTRAOTOR ~.:s~315({5) 4o~n RIIt,rno.~;omr. tor Mar.lI,nlc.lIu'g, PA 17065 I,W. Dlr\..Ol!-lo;;. BOWlLlN6 Phonn#_(I~_7..2J,,-1")7G. hereby employ Amellcan Homa Improvement Producls, Ino., A Seurs alllhorlzeu"conlraolor". herelnaller referred 10 as . Conlreclor' 10 furnish labor and metarlels necessary 10 perlorrn Ihe walk hereinaller 'AI forth on Ihe preml.as ollho owner loooleet ,,: ' Straal '3t/ / SI2/()t., CHVIlClI 1Uj Clly N6Wvd I~" Slela PA ZII> 112141 o LOCATION o T " MODEL COLOR ISlYLE CODE CODE OPTIONS o LOCATION o T n MODEL /STILE cOnE COLon CODE OPTIONS W1lUli MiLl~cm!~d1!I!~_ 10 11 12 13 14 15 '16 17 18 U "\I. WI, ,l. Conlraclorto do Ih6 following: Furnish elllebor anet malarial neceosary 10 cuslom mAke onrlln'lell (. ) SEARS Pramlum Vinyl Raplacemenl Wlndowa InfO exl,lIng jamhe, hoouers onrloills AS Inrllcllled ehovo. Color to be ( ) end 10 Includo lrlple pana glass, solar ahlell' tlnl, hair scroene, Inlectaet foam Inslllatad fromo, hulyl Qlllzlng, cam action lock, v,nlstops 'on double hung only', Inelde Irlm and out.lde aluminum CAsino coveraoe. Cia an up end haul away ulllal> r.leteel clehrle, Alllehor and malarlala covered under 20 year IImlled warranty. Wurranly aveilobla upon request. INDICATE BELOW ADDITIONAL PRODUCT INFORMATION IlEQUIRED; SPECIAl. CONSIDERATIONS. EXmA WORK OR OTHEn PROD',JCTS, ""-.., "::".;,..~-:J__".-b1--AJ.J_/.'.:J._ _-Aa&;"l\IJ02!-' '. "I I .: "I j'. " 7c:X - 451/- Y - fYlS fe.tYJ/.. . ,SIEARS Windows SOLO, FURNISHED & INSTALLED BY AMERICAN HOME IMPnOVEMENT PRODUCTS, INC, "SEARS AUTHORIZED CONTnACTOR ~;315(~~ 4Uln n1Il.rna~~;BmrQ to? lAooh8nlcahllra. PA 17065 I,We DElO\l.\~ BO\.UIL!~~6 PhonA u_<l~_L,.2I~ -117~ hereby employ American Home Improvomonl Producls, loc" A Seers auUmrlzed "coolroclor", hereloaller referred 10 a8' Conlleclor', 10 lurnlsh lebor and mOlerlals oaceslary 10 perlorm Ihe work herein.llor eat fOrlh on Iho premlso. of Iho oWMr 10colM at: SlIeel 31.// f1I2/r)t.. CHII,I!CII f!,fj City N6\~",IIII', 51010 PPI ZII,.1J.l.Ll I D LOCATION MODEL COI.OA OPTIONS D LOCATION MODEl. COLOn OPTIONS 0 !SlYLE CODE 0 /STYLE CODe T CODE T CODE II n 1 ,fb<.:1 WJl ' ]QiliL"ei~UllI!~_ '10 2 11 3 12 4 13 - 5 '- 14 6 ID.r.tL 15 - u \J. .l- IB 8 17 9 18 Contraclorto do Ihe followIng: Furnish all labor and mntorlal necos.ery to cu,'om make and Install (, ) SEARS Premium Vinyl Roplacemenl Wlndowe Into exl8t1ng jeml18, hooders and sills a. Indlcllted shovo. Color In be ( ) end 10 Includo triple pone glass, soler oh1eld 11111, holt oeroon.,lofocled 100m Insulated fromo, hlllyl olllllng, cem ocUol1lnck, vent >Iop. 'on double hung only', Inside trim and oul91de aluminum ea.lng eovsrage. Clean up and hsul away ulllnh relotoe! dohrl.. All labor and materials covered under 20 yenr IImltad warranty, Warranty avoilnble upon roquast. INDICATE BELOW ADDITIONAl. PRODUCT INFOnMATlON I1EOUIRED; SPECIAl. CONSIIlERATlONS, EXHlA WOnK OR OTJ-IEn PROIlUCTS, ~ - ~~ . ",0, :Fl -,,!U- 6eF-'" "'7-' NO WORK WILL BE CONSIDEREn UNLESS /IEAEltl SPECIFIED. NO VERIlAI. AaREF.MENT RECOGNlZE[l. This transaellon shan be subJect 10 acceplence by CnnlrBelor, In ths evenl 01 Buyer's failure 10 accept delivery 01 goods or p.r'ormonce of servlcas covered Iloroin, lhe Contreelor "Mil he entillod 10 and Buyor oorees In pay forlhwhh, (allure damege. In en emount equal 10 Iha co.t already Inewree!, " any, III 'h. ovent Ihe produel has haen IIl1ln,,'"Cltllecl or p.lIcho.ed wllh a restocking 'eo penalty, conlraClor shall noluo Ilolhlo for dolays r.all.ed hy slrikes. waalher condillnn.. delay In ohlolnlno malarlela end olher causoe beYClOd II. Conlrol, Tho nnllle undorslBoding anrf Borcemonl helween Ih. po,lie. are contalnod horoln, Any eldra work nOI apoclfiad In the agreemenl 10 10 bo paid lor hy the Buyer on a lul>or ph.s mOle,lals hooi. In aeeordonce wllh accepted Contfactor pollclal. If any wnrk sholl ho I'erlormnn t1Y the Cnnu8clor pursuant In wr!llAn 8111horlzR11nn !lanell by the Buyer or Buyer., Ihe price ror S"CIl work foll.1I he odrlod to the prico s.1 '('rill he'ein, CONTRACT ,~_,/ alu','" I ~ \.D I -" Q1:!J- JOI)~!i!.!ancnqQ: C8SI1111Iln'.!~~IllI)IQlhm[l DOWN 100 'u . STfI PAVMI:NT . In w11nOLti v.-hcronf lit.. IhIY(\,. t,/IS onlcrllr1u,lu th!t 1rnll!lnc:llC\n UII, _:.. (!IV g~~NCE (j, ~ (Fl. 0 II or J2/II,lJ!1'lf11L- ..__ In 0::1______, You Ihe Buyer may cancellllls tranencllon III nny time prior to mldnlnht on Ihe thl,d hualness dav IIller Ihe dlle or Ihl. Ir.nucllo", S.o Ihe attached nollco or cone.notlon rorm ror an eoplonollon or illls rlnllt. .Ji) ~ ~(), f1(1"t<<.n}~. x "ceeptldbyContraclo,1h11 Srfl deyofJ]E:t,Ghlell.. 19 <17 American l-Iome ImprC*ol8m&nIPrnducts.lnc, bYCZ;t' ~?/ 71 t1?(;_t " 76> - l(-..)Yl./- jY)S W>d.. 5-3/59 ( ~/~ '~ IR\~ ~/DING '1"4011I1101 \lll.d, lIull.1U( )JIG. '1/Mll9' "" IAllcllOlllcubllru I'A 181 lib .:>L..O . FL.i ~NISHED & INSTAI.LEO . I 0 y AMEfllCMI HOME IMPROVEMENT PRODUCTS, INC, 1. (111)1l\l1-1IU1U 77/--777& seARS AUTHOnlZCO CON'rR^CTOA '/ <P We {)eJ.tJR eS, A()/.(/!1/~~~;'- Ph2onJ.17&2yr.7 Zy. areby employ Amarlcan Homb hnprovemonl Prodllll,'no" A Soom aulhorized "r.anlmctor", herolnalicr relorrod 10 06 ,. Conlrar.lor",10 Jrnlsh labor and malerlals necessary 10 perform 1110 work Iweinarter sotlerlh on the promises 011110 owner locutad al: aroel <!lLJ3f? I ~ ch L/&.c.h B,.c Clly lI)a()l/;rU.~e,_GI"le I?A:-ZIP /7.'1/1 ;ONTRACTOR TO FURNISH ALL LAOOI1;/I~D :i\TEAIAL NECESSAI1V TO CUSTOM III.~TALL THEfoG:OWING EXTeRIOR HOME IEMODELlNG PRODUCTS: G SIDING PREMIUM PACKAGE 13 e-J.. . Pramlum double - 5" ponel ..... !/ t:Rc:,,/):t . 3/0' bacKer board 4 - oulslele cornor pnsls ' \LL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOI.DIIIG. 0~r.lu9ivo 4-w1lY wlnclnw senior syslem, oalvanlzad sloel llnrler strip. Siding to be installod 10 Iho following orOllS: JJ,ovt.R ;;f}t2~~ t3(>~_ .~t14LF~JL ~J/~Lg_();/l..fJ --Al.(.LJ~12Lf~-'~ oS -L--.f<'l ,.,c,-j.,lLTiw I;~ jv.P 7;Fh -eA. {.-LIt? B.. c... ;:,raf.Y- 3_':!LIJlJ.kJ~_/b;trl.Le.(l.CI.- tJ/VnW,Ufc; - Also to Includo following opllonal faalures: II tJ VSe. . ~ ~ ~~ Full coverage windows _ Quantity 0 o.Y' /" New Shutlers (No. poir _) 0 IY'" Full coveraga doors QI/anllly 0 17.v:;:/' New louver vonls _ OUllnllly 0 l~.!r ./ . Full covorage garage doors 0 g/' Ramova a~lslino sieling 0 [,t::,.... . Cap sills only Quantily O!6" Firrlng 0 B- Porch railings 0 (2( . Enclosure Inside wall 0 c:r-' o PREMIUM SOFFIT AND FASCIA SYSTEM To Include all necessary channels molding, 4 10 1 vanlod ponol ratio, vinyl soffit panels, wl10nlh aluminum ooil. Sofllt & Fascia 10 be Installed to Ihe fOllowing areas: Color to bo: Also 10 Include Iha following optional taalures: OYes ~o..,- . Porch bOK 3,wey wrep ur ~ . Porch ceilings, 0 uV' . Fascia 0 ~ Warranty available upon requos\. Yes New outlors 0 New downspouts II R & R gullors/downspouls 0 No IB""': ~ Additional work to be dono o Clean up & haul away ~~qh'relalod fetuls, Work Not 10 bo done ) /J "IJ p..R /-U6 p..); NO WORK WILL IlE CONSIDEIlEO UrlLESS IlERP.IN SrECIFIEl.l, 110 vellnAL AGHEEMEtlT IlECOCltllZED This transaction shalllla sublactlo accaplanee hy ConlrnclOr, In Iha avanlol Ollvar's lallure In oooopl dollvery of ooods or perlormanoa 01 8orvicos covolocl heroin. IhO Conlfactor oholl ho enllllnd 10 rind Buyer nolOus 10 pay forlhwith. lalluro rhHflllQU$ in an nmount aqual to Ihe cosl nlreody incurred. II nny. In the c:;vonllho product has boon n\nnuloclUlad or nurchar:cd wllh n to:;locl~ln{llcc ponnlly, conlraclor sholl not be nabla for celays caused bY6lrlkos. weather conditions, dolay in ohlolnlno rflolorials and olhor CiIU~ttS llCYlmcJ Itti conllol, The 8"llro understand. ina and Doroomenl betwoon lhe parlles oro conlalnod humin. Any exlra work not SJ"lcclfiud in Ihtt 1I0rooml.111lIS (0 be pni(J for by the Buyer on B labor pillS m3terlels bosll; In Bccordnrlco wIth accoplod Contfactor poticlus.ll Ol'1ywork tihAl1 be rorlurmod hy (he ConlroclCJr purStJanl '0 wrlllen 8ulhoriJ:eUon .Ioned by Iha l3uyor or allyors. Iho price for 6uch work, shnll bo added 10 tho pried Gol fOrl" heroin, COII1'IlACT I'HICE [I0WII I'AVt.ll!NT UALANCr: nUIi 0/ .B- Id To bo financed [)I/Cosh upon complotlon 0 In wilnoss whoron' Ihu n!J~€A hns entered In~lJ,lhlti lrClntiaction this 01 ,'-..Vj(t/ 19_9-!\. . 0) dOY You Ih. Uu~or n"IV c.ncallhl. "1..80cllo" at anv IInlo Ilrlnr to midnluht on the third butoll'loau ,IIIV IIltltr tho dolo 01 lhh ',.nlllcllo... &... lho .U..ol\cd notlc. 01 oll"coll.;,lIon form 'or un tUls,lanMUon o' Ihl... rluht. It' X ~L9 _X: Accepted by Contractor Ihls ( _ - ~ . dlW 01 _, ,1,4/ Americall l-leme Improvement Producls, Inc. hy _Wj;-!!lJ~j11J :""k:'~~ :V While. ConVlclOf', COPy v.n.w. Put"'n"', cop)' .olnk . ltou\i\llflllOA t.oPt 19CYl? " ADDENDUM TO CONTRACT NO, 5'-<3/ Sq ) .,/ .. BY AND DElWEEN l-c9Jt-Cj~ Cn~ '\'~Y1(l/7 745$" +3LJQ, l~American AMERICAN HOME IMPROVEMENT PRODUCTS, INC. AND j)e..'h0 ?, ('>~ M6fJ.))J..; ,,(J~ 1, At the request 01 the Duyers, and on the basis of the unde!,Sla~lnQ!!.c.\;t lorlh 1,"low, Arnerlga~)~p~ Improvement Produots, Inc. hereby egrees 10 amen'! Contract Nil. ~::iJ_ ~olud -1.:.r:i!..::>) n the following particulars: ~ 00 ~ .{) J- Al/'. A. elkS ('Jo.l.J.\.~d- ,FJ\oIYl 0_'l.&lLi.-t'.,l 7<1<--':(5 [jINX'>>!) S.}F A&d~81J:l:tel~;S P-fl!& mev-I: ~h:_) {:lJo-9'~a.E- 2. This Addendum Is notlmended to, end does nOI, erlecllhe cuslomer's right to rescind or cancellhe original contract, Which right Is extinguished by the passege of time after Midnight 01 tho third full business day following the date of said contract. 3. Ills further understood hy and between Ihe parties Ihatthe specific amen,lmenls or changes specified herein shall not supercede Ihe orlglnel conlrect until After Midnight on the third full business day following the dete hereof. 4. It Is further understood and agreed by and between the parties Ihat pursusntlo 9 226.903 of tI1e Truth In Lending Interpfetations 01 Regulation Z. and for purposes of all relaled stale stalules Ofl~ Federal Trade Commission Rules, with regard 10 the customer's right to rescind or cancel any Iran"SCllon within three full business days, this Addendum Is a separate transacllon from the original conlract, 5, Ills further underslood and agreed by anrf between the perlies lhal the following nollce of cancellallon shall be effective only to thIs Addendum and In no way effects tlte orlu'rwl contract Vlhlclt shall remain In full force and effect. 'YOU, THE BUYER, MA Y CANCEL THIS TRANSACTION AT ANY TIME ('man TO MIDNIGHT ON THE THIRD FULL BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION, SEE THE ATTACHED NOTICE OF CANCEL LA TION FORM FOR AN EXPLANA TION OF THIS RlGH r. . 6, All of the provisions contained In the orlginol.conl(act rlated which aro nntlnconslslent with the , provisions heroof are Incorporated herein and marle a pe"t hareaf by' reference Iherolo as il tho same WAro fullV setforth herein. Any canflicl bGtween Ihe terms of the original conlrect end this Addendum shall be resolved in favor of Ihls Addendum as 01 the el/ecUve deto herenf selforth In Paragraph 3 .bovo, 7. Customers who heve erranged for crod;t through American Hnme Improvement Products. Inc" which shell be altered In amount or In any other particular by thIs Addendum, shoulrl consult the disclosure stelement accompanying this Addendum with regard to the epplicable dIsclosures anrl notico of righl 01 rescission. ~~~~ Home Improveme~t Products, Inc, ~~:.c:.A \~AN-i DATE)-- fJ 9-9 ~ BUYERS: ~o.l'''lP~ /}11_@.s::.aJ.L1~ ~1'.Dno .11PI Exhibit 0 . " .: . '. . . ~- tf...<;~ - (nS PefJd.. -<i -, <?/ u,30 ,.) 'lnln mlrcF nond. 8ull.107 EAR SIDING 1,'.ch."lo.bur~ PA 170" ROLO. FUnNI.HEO & IN.T^Ll.81) , . PV ....ME:nrO.AI" HOMR IMrnO\iHM(!NT pmJUUC':To, ,"It':. (71/) 6~t.1l01G A UI1ARS AlJTHOrUZCLJ CON'rnAC ron ' l.w.J)eL{)n..e.s A3.Q,?vJ\i.ug Phonod&i.7/2.Y.2/,- Z2Z.?_ horeby omploy Amorlcon .10",0 ImprOVAnlCnl ProutlOi(Jno., A Scaro llUtllOlllud "corltrnctol., hOl~1lUlI~;~IOflf)d 10 na II Cunlraclo,", 10 furnish lohor ond mololl.l. noc....ry 10 porlorm Ih. \'lark h.reln.n.r S.llo,lh on Iho pr.ml... ollh. ownor loco'.d 01: 5Ir..1.11/ I AB&C.,dW!1d.illrL_, CIlY.A! e~LJ._~S1nlu _ /J[)~ZIP1.2..2!L2 CONTRACTOIl TO FUANlSI;I ALL l.AllOn MID MATEIlIAL NECWlSAflY TO CUSTOM IHSTALL TIlE f~u'OWIN(j EXTEIlIOIl HOME REMODELING PRODUCTS: '. ~ SIDING PREMIUM PACI<AGE r-., _ /,' ,,' Pr.mlum douhl. .r.' panol c:: Ver err, . 3/8' bock.r board , , '. 4' nul.ld. cornor 1'0919 ALL SIDING TO INCLUDE ALL NF.CESSAflV CHANNEI.S/MOLDING. .xcluslv. 4 ,way wlndnw uonlnr uy.lnm onlvanlled sl.al staller slrlp. Sldlno to he Inolallodlo Ih. 10ilowlnO nron.: ' PDln:L:t..Ji.<"1 5:0/",5' "bri>. ~)r.u.~Ul~{~~-lr Allo 10 Includo fOllowing npllonal 'ooluros: Vos . Full oovarooo windows _ Qllonllly 0 ": Full oovaroo. dooro _ Quoflllly 0 Full covorooo aarego doora 0 . Cop Billa only QlJonllly 0 . Perch rolllnoo 0 o PREMIUM SOFFIT AND FASCIA SVSmM To Includo all nooesaory ch.nnale molding. 4 10 1 vnnlod ponol rallo, vinyl sollll pan.ls. 9l,l.lod aluminum coli. 501111 &. Fascia 10 bo InBI.lled 10 Ihe 'ollowlno .raas: 1>10/ Q/~ ' New Shullal. (No, polr --l 13-:::' . l'low louver v.nla ~ Quaulily EY Remova eKlsllng .ldlng [}-'" 'Fining l:,.}-o- Enoln.u,o 'nsld. 1'1011 VaG 0" (!;l El~ o o No g/ o o Er' r,J- Color to be; NlJ-t.q:J-r MjA Also 10 Includn Iho 101101'11110 01'110..1 '..111'..: V.. N!)- . Perch hox 3,w.y wrap 0 E1.1 . Porch c.lllnos 0 ff . Fescla 0 Iiil' . Warronly available upon rol1l1o.I. Addlllonol work 10 bo dono Yon .. N.w Ollllars 0 New dowfI.polll. 0 R /I, A Ollllor./downspouls 0 No.... ~ '-<If Cloan up & haul Away olllob'lolalod d.hll.. /WOrk Nolle be dooe 110 WOnK WILL DE COtlSIDEIlF.D UIlLF.C5 IIF.REIII SreCIFIEi'l, tlo VERnAl. MlnEEIAEIIT nECOOIllZED This .rannellon .haU he luh!ocl 10 nnceptoncs by CnnlrllclOf. In Ihe ovent of Buy6,'n rBlh.m~ 10 accept dal/vary 01 oonds 0( porfornlsnca of IOI'Vlcea covsrod hare In, Ihe Cuntii'i{ji iih.s1llJd ontiU.d In and Ollvar 80rOO& 10 pnV (orlhwllh, flilluro ",1I,meQol> ill en nmount o'1ualto Ihe COlt alreody JneuueLl. II ooy. In Iha evant 1118 procJun hl'lo been O\nnulachnad nr purchasod wllh II r651ochlno (ao f'lonally. r:onlr8Clar ,hell not be Ilahle rorclolaVI coused by ,ltlkulII. wealh6r condition,. dnltlV In ohlalnlno In!lerl8lo and othor CaUB()~ heV'JUrI ilB control. Tho 01lllr8 undarlland. 100 and Boreomont bolwaan thll per 11m. 8f. contained horeln, AIlV nlro work nnl,p,clflod in 111ft 80rumollt l'j 11) hll paid tur by Ihft Buyer on II "bar rlll"mn,.'tatQ blllll,ln occ;ordanc. wllh occ.plotJ ConhotlOr politl.I.U anv wOlk 'hall ho per(ormod by Iho Conlrnclar purauantlo wrllt.n lIulholl.rollon .,oned by the nUYllr or ftllYOfl. IIUI plk;o for r.uell \'YOlk ~.Illlll be alltJ"d!o 1110 prlCll 1161 IOllh h&(4Iln. C;OIITn..cT .70 f:)1:. '7 PRICE I , DOWII _ , PAVIA_NT _ ~ 11\ wllllGn whore of tho nuyl'll III!' .nIQrQd~nm Ihll trflnc,nr;tlon lhls_ g~~AIlC. 7 01 h'fJl0..!/...X. . In lID fln8nr.od~I~RLh upon cnmplollon 0 .tI. (d.r You lito luye, mav ollleel.hl. trAn.actlon III any lima lulor 10 mldnlohl on 'he thlref bUlino,. d.V After tho dale er thl, .r......cUon. ...U.. .U.ched nnUo. o' canooU.llon lonn for an owplonaUon o' Ihlll rlohl. X~ilL\L~.. X ' .',u Acooplld by ColIlrlclOl Ihll. -.1- ft.~-.~{d.yo!L~E 10 9!? American Barna lmprovlrr,onl Productl.lr",. h'( _-.:QIIif',[if--d{...JL....."-12tA ;!If) ~7 ?,ltl)~A Ot:t::l- WhIl_.CoflltJCtDl"UIPi 1.1I...l"urdtt..,"CIfIf Pb\..~t"I....IIOfteotrl C'J)"J q, '/, .J < I;) ~ ,.1 .... .. Exhibit E --- - .ou.......::,lJ"'~';..~Ir.:;;J'~:.~.~....~...... \\1\ G 60-""313 . . 367/ ....A}..I 116621 l\fI:t P 1\\ t}11!~I-l-'3,-/US~/ ~~~J;~~..u-~'n.-'9'~ I $ b, '39'J't'O '. ...-L_,_ _ "....,__ L J J~~"' - c::......_ --:: "'".,~_ 'UJf-r<"t4'~f#UilJ~nJl()!- , , fI.Ir.<'ow;o___IlIlI.l,AI<S lllr'::~_. _ H\\\l\~S II' \;~, 'filE FARMERS NATIONAl. RANK \~!f,jncJn~~ p~N~NNi~M~l(tl~ /J lE/ofO D'IoV()~1 v(/ /) t5-3-fJ'l6 JJ..!~--:rn"Bc:n~"-'_h-" l'O:l~:l0"l8:l51: l? bb2 ~II' o:lb? 1"oooo~"lI,OOI" ...... . ~;,EDO::-"J,.U~.:_:.II~'~..~:I DELORES M. BOWRING 341 BRICK CHURCH ROAII NEWVILLE. PA 17241 . - ~.-.~~li~'-'~ r..l=-aua...~.. OE~ ,M.:SQWRING ',~4 I CHURCH ROAII , LE, PA 17241 , . 60-""313 379 116621 ,/-I} c: ' "A,III.:i:rf: ;;>. 19ft'? B. I $/0/'?~ ,'11R- <I ~.. ~~k~~~?:,~..J:a:1.f~~1i~7:';~fl-IlIlI.l.AI<S rilr.:::;':.' " ' 'NE\'M\IE, P,," TIII\'jJi4taa\'ltS NATIONAl. 1\ANK , 01' HUWVILLIl, I'IlNNIYI.VJ.tAtl',.ul ;7~ ;~~~:l 51: ~? b b 2 ~~~~~~)7-~&l~~;:; ..... .....~-.::..~I~ ..!l.::-..UI.:_.....'2:1':_~CI~~~':;.~.l.=',=}r. ...----.----. -_.... ..----- --..-..----------------.-.--------... .--. .a::Iatu4:O:;,-.~~..~li_=__:.~..~.:.. 391 DELORES M. BOWRING ,_ 60~~~::13 341 BRICK CHURCH ROAD , ' A 11.~ Ocy NEWVILLE,.:A 17241 r' l~tf/'l-l!J/ 1(1 .:r,r.JI,~-heJj.D.n~t-(!Jr~APIt-Z-".J)-8-! $ '6Lf 55.0 :; ~/~e'J_tJu2t..Jl1dJ!Qul!..hu IJ cb'e~,fM.-~f:t.fi!ljt!t_&.'IlIlI.l.A IlS ril ~=- " i)2Cll44r.~t5':, 40n l~ip\Vil~b;'p,b ,,1:'100'. TilE FARM EllS NATIONAL nANK f A u3J3u~O:J5 Of NI!IMLLH,I'ENNIYLVAHIA nUl pel//)' c:,J I . lEloto-'2!iQ..::QaI=oo25a /6 ;';148... JJ OO(201V/3CJ.i.vu.~_.. 1:03 BO"lS:l51: H l':.l':.2 ~", 0:l9~ ',"000011,6"500,,' ~t.~~::;.,,,,_.. .~:I'~._"..':,,~_...v...._'..~t;_;.rt::_:.;.=J;'_..r ...",........ ~4--.,.ir~~~.:...___....~.:..I_~..---.:.~.:...~;. DELORES M. BOWRING~")~I~" -- 60;~~:~13 ". 419 , 341 BRICK CHURCH ROAII . IJ-. D A., NEWVI~U.E' PA 2:4"L{ ',' "m;J7-'---iJ..(1~-Y-'6' '..tomB :t~ ',' l fr'. $ '"..."'-,-< . ---.l\~<=- V\7!lQy I ~,jj Cftl 1}1;" {' 'EO~~I:*~'f'lll!lJ'}~3..!L..sO,3-L5mii1"Ajs rili=.':":' -- i/I:iWIlII:,I'A, TilE FARMEILS NATIONAl. nAW/?13I1L:i35 Of NE~LlI.I'I!HNlnVANIA nw 7':) C ~ '> ,tJ.,("f,tSr~Ir,f?C?':}-,'i____ tL .. r,r, " ~". 01, ~'1 ."00000 ?onnn,,', . ~.~.:.-...~.. to M "l' ;;;-' , -'I ::1 ::, ~ ...,~ . :1' ~~;, 040.... if...,. r.:1.. ~\ l!J ~!l 0:0 - ;::!r .0or!: 10" !ro( '::>A. :EOuf Uh:::l WO~ 0:" ogj\1 -,_z UI~ o Q :?- STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED : OF CUMBERLAND PLAINTIFF : COUNTY, : PENNSYLVANIA ,. '~1:,r; :~ ;i./ ~iJ :eM ., -".! ",j :~i\ ,,', v. . : CIVIL ACTION : NO. 1999-02424 i,!' f t~' '\". ~'" ,r, i~~ ;:; .T SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, DEFENDANTS . : JURY TRIAL DEMANDED ,:ji; :.;: ~ ;,; .:' , A'C, PRAECIPE FOR REINSTATEMENT OF PROCESS ~:~ ~:~. To the Prothonotary: Reinstate the complaint in the above captioned matter, ',j, Date: ~;/f/9? >- ..:I' ~ (I::;: ,,: ~o:-: ..c... ~; :::) .' lU c, C1 ..~ u , ) ~t c: , '.1- ..:..: ') ::j . (r) , -' ~~: ff.! C"'" .1./-. 'J-',- ;:~~:.:\ ;..,,0.:.. -~.. ' l:UJ ~ ::Jo.. I' .;.: :: " '" :-.:> c..i Co'" U ,-.' "; STEPHEN J, HOGG, ESQUIRE EXECUTOR OF THE EST ATE OF DELORES M. BOWRING, DECEASED Plaintiff v. SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN MORRIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-2424 : CIVIL ACTION : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter the appearance of the undersigned on behalf of Defendants, Sears, Sears Windows, Sears Siding, American Home Improvement Products, Inc., Chris Winey, John Palmer and Stan Morris in connection with the above-referenced case. DATE: &-/{)-q9 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: ~ Tl 100 Pine St t - 4th FI. P,O. Box 803 Hanisburg, PAl 71 08-0803 !.D. 52918 (717) 232-9323 ATTORNEY FOR DEFENDANTS E. "Identify" an act, occurrence, statement, or conduct "hereinafter collectively referred to as "act") means to describe the substance of the event or events constituting such acts, and state the date when such act occurred; to identify each person participating in such act; to identify all other persons present when such act occurred; to state whether any minutes, notes, memoranda or other record of such act was made; to slale whether such record now exists; and to Identify the person presently having possession, custody, or control of each such record, F. "Document" means all written, printed, recorded, or graphic maller, photographic mailer or sound reproductions, however produced or reproduced, pertaining in any manner to the subject matter indicated. G. "Vou" and "your" refer to Sears, Sears Windows, Sears Siding, Amercian Home Improvement Products, Inc" Chris Winey, John Palmer, and Stan Norris. The words "you" and 'your" shall be taken to include all officers, directors, agents, employees, attorneys, investigators, consultants, and anyone else acting on your or their behalf. H. "Representation" means any conduct or, personal or written communication, whether verbal, written; telephonic, or through the use of any other communications medium capable of being turned into a statement of fact. I. "Contract" shall be taken to include all verbal, written, telephonic or olher communications medium documents, agreements, memoranda, understandings, obligations, statements, or lellers of intent or conditional approval. " 3, Identify your title, position and duties with American Home Products, Inc. or with any of the Dafendants in this action including the time periods of employment. ANSWER: '.'~ 'I; " '- '. " \ l i ,f 10, Please identify all individuals meeting with Delores Bowring conceming home improvements at her property at 341 Brick Church Road, Newville, Pennsylvania. ANSWER: '. >- <':J t c: 1.1.l~~~ c:: , L~(:.; - ~i" " c. "": fj ,~ ( , ~ T ~:: I &~i L' C- ," , ,., , ., J tr; , ,. r ,- " ( 0 u .. , LAW OFFICES OF STEPHEN J. HOGG 19 S, HANOVER STREET. SUITE 101 CARLISLE, PENNSYLVANIA 17013 (") f',~ .,Ci [1 (-:' ~ TELEPHONE (717) 245,2698 (: . May 17,1999 :\:~iJ :~ -< Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Chris Winey 646 Fishing Creek Road New Cumberland, PA 17070 Re:Stephen J. Hogg, Esquire Executor of the Estate of Delores M. Bowring, Deceased v, Sears, Sears Windows, Sears Siding, American Home Improvement Products, Inc., Chris Winey, John Palmer and Stan Norris Case No.: 1999-02424 Dear Prothonotary: Enclosed please find Interrogatories of Plaintiff Addressed to Defendants in regard to the above captioned matter and named Defendant for filing. Thank you for your attention to this matter. SincerelY,; ~~ StePh~~ ; it/ESQUire SJHllkg Enclosure .:- \~ Ii -t: , .,,' , ',r, 1...:.) (') "! ~, . . (i: ;:fAX. , (717)245-0829" ........) I :_~ (=.,. ,_::,: :.'~ , ' !:,-::: ~.) , ~ ':~I 'l") .,,:,-;', " .:~:1 :6 -<.: cr. :-:-',---- STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED : OF CUMBERLAND PLAINTIFF : COUNTY, : PENNSYLVANIA v. : CIVIL ACTION SEARS, SEARS WINDOWS, : NO. 1999-02424 SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, : JURY TRIAL DEMANDED JOHN PALMER and STAN NORRIS, DEFENDANTS C' ~_c.: (') ~:.~ I..d .', 1:.' ; - : -, ~~ .. 1,1 , , .., : 'n j:= "' ....,} I""~ t " C.) ,--1 -- -( !;-~ . , , C, .~.-.. --q , ,- , -,'. (" ) =-:;~ . ["1"1 . '---,I " ::i -." -< en :U -;; INTERROGATORIES OF PLAINTIFF ADDRESSED TO DEFENDANTS DEFINITIONS: A. "Plaintiff' means Stephen J. Hogg, Esquire, Executor of the Estate of Delores M, Bowring, Deceased, B. "Defendant" means Sears, Sears Windows, Sears Siding, American Home Improvement Products, Inc" Chris Winey, John Palmer and Stan Norris, C. "Identify" a person means to state his or her full name, address, and telephone number; his or her occupation; the name, address, and telephone number of his or her employer, if known; and any family, social, recreational, professional, or employment relationship to you. D. "Identify" a document means to describe briefly the form of the document; describe generally the subject of its contents; state the date and place of preparation or mailing; and Identify the person or firm who prepared the document, the person or firm who received it, and person, or firm who has possession or control of the original copy of the document. E. "Identify" an act, occurrence, statement, or conduct "hereinafter collectively referred to as "act") means to describe the substance of the event or events constituting such acts, and state the date when such act occurred; to identify each person participating In such act; to identify all other persons present when such act occurred; to state whether any minutes, notes, memoranda or other record of such act was made; to state whether such record now exists; and to Identify the person presently having possession, custody, or control of each such record. ; " t ~, H. "Representation" means any conduct or. personal or written communication, whether verbal, written, telephonic, or through the use of any other communications medium capable of being turned into a statement of fact. F, "Document" means all written, printed, recorded, or graphic matter, photographic matter or sound reproductions, however produced or reproduced, pertaining in any manner to the subject matter indicated, G, "You" and "your" refer to Sears, Sears Windows, Sears Siding, Amercian Home Improvement Products, Inc., Chris Winey, John Palmer, and Stan Norris, The words "you" and "your" shall be taken to include all officers, directors, agents, employees, attorneys, investigators, consultants, and anyone else acting on your or their behalf. I. "Contract" shall be taken to include all verbal, written, telephonic or other communications medium documents, agreements, memoranda, understandings, obligations, statements, or lellers of intent or conditional approval. ". 1. Identify yourself. ANSWER: '. " " 2, Identify all persons who assisted in preparing responses to Ihese interrogatories. ANSWER: :; ,i' ,. \) 4. Describe the circumstances of your initial contact with Delores Bowring concerning home improvements to her property at 341 Brick Church Road, Newville, Pennsylvania. Which party contacted the other initially, and, if any of the Defendants contacted Delores Bowring first, identify how her name was selected and the idenllty of the Individual making the first contact. ANSWER: , , t; " 9, Please state whether you had any direct knowledge of the prices charged for similar home improvements by other reputable companies doing business in the Newville, Cumberland County, Pennsylvenia area prior to obtaining Delores Bowring's signature on the contracts involved in this mailer. ,~ ANSWER: '. , " STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED : OF CUMBERLAND PLAINTIFF : COUNTY, : PENNSYLVANIA v. : CIVIL ACTION SEARS, SEARS WINDOWS, : NO, 1999-02424 SEARS SIDING, AMERICAN HOME IMPROVEMENT P~ODUCTS, INC., CHRIS WINEY, : JURY TRIAL DEMANDED JOHN PALMER and STAN NORRIS, DEFENDANTS INTERROGATORIES OF PLAINTIFF ADDRESSED TO DEFENDANTS DEFINITIONS: A. "Plaintiff' means Stephen J. Hogg, Esquire, Executor of the Estate of Delores M. Bowring, Deceased, B, "Defendant" means Sears, Sears Windows, Sears Siding, American Home Improvement Products, Inc., Chris Winey, John Palmer and Stan Norris, C. "Identify" a person means to state his or her full name, address, and telephone number; his or her occupation; the name, address, and telephone number of his or her employer, if known; and any family, social, recreational, professional, or employment relationship to you. D. "Identify" a document means to describe briefly the form of the document; describe generally the subject of its contents; state the date and place of preparation or mailing; and Identify the person or firm who prepared the document, the person or firm who received it, and person, or firm who has possession or control of the original copy of the document. E. "Identify" an act, occurrence, statement, or conduct "hereinafter collectively referred to as "act") means to describe the substance of the event or events constituting such acts, and state the date when such act occurred; to identify each person participating in such act; to identify all other persons present when such act occurred; to state whether any minutes, notes, memoranda or other record of such act was made; to state whether such record now exists; and to Identify the person presently having possession, custody, or control of each such record, F. "Document" means all written, printed, recorded, or graphic matter, photographic matter or sound reproductions, however produced or reproduced, pertaining in any manner to the subject matter indicated. G, "You" and "your" refer to Sears, Sears Windows, Sears Siding, Amercian Home Improvement Products, Inc" Chris Winey, John Palmer, and Stan Norris. The words "you" and "your" shall be taken to include all officers, directors, agents, employees, attorneys, investigators, consultants, and anyone else acting on your or their behalf, H. "Representation" means any conduct or personal or written communication, whether verbal, written, telephonic, or through the use of any other communications medium capable of being turned into a statement of fact. I. "Contract" shall be taken to include all verbal, written, telephonic or other communications medium documents, agreements, memoranda, understandings, obligations, statements, or letters of intent or conditional approval. 7. Identify your knowledge of any discussion by any individual with Delores Bowring conceming the estimates for home improvements to her property by American Home Products, Inc, relative to prices for similar services charged in her community of Newville, Cumberland County, Pennsylvania. ANSWER: ~ tr> ',. (c,: ~": /.~ , ":; r, U.I."o.C ~~i: .', ( ~-. ~:.1 C);;,. d:lr.. (=, " , "" , , w...;L_ " _,J U,' ,- .:i " Li: -, .":, , ..... r;. -. "j ... (':, cj c:.:..~, 'J .. . . ,. . " " '. 1J QJ >0 III III QJ'o-1 4- '" ..wCH QJO QJ C....... f-I '-< U OJ 3: 0 o",Rl >- ....-1 Q) Q) E Z --i!! V)f-- ".wD QJ III 8~ ~~~ <l:Z 0"'" III >'..-i c .-w::>c::( 1Il.w - ;: 0'-<'" Z ::>:$N O:::....JDI-l WIIlOl 0 ,-<.c-'-' 0 ".':l~ ::>o..U2 we 1J o.U tI1 H ffj=S t:i>t:. 0 "" '0-1 e E III I- o '!C W~~ UZO> C1Q)H~ .0-1 H -1J -'-' U'" 'I' DZ..J au: ==~ J: e e ""'" 1!'[l1u; W:Ec:r.:>- Q.u 0....... -QJ U '" co '" o z "z, ::r::E-lU"J J: (1)-'-' III OlEe 1J ..J~ ~ a: a:w~ I-OO::Z 4- c: J-lCOHI-lC H S g WQ, > ' uwz 0 ..0-1 (O....-t I QJQJ > < OW Z (l)W ..., ;:r", QJ1J - E 4- H 0 zul~ Hl1-::Ea. '-< H (/)....... C (J)...-l Q.) U Z :l!::iN 0::> cov>o... (/) m.w ct:I 0 'Il ' a: ~ U QJ-'-' QJ uun. 0(j..... .c",-< Vl lJ).1'"-! :J ~ ~ "- o.UO f-.4J-lJ-l'OC: 0 QJQJH mmQJO..c -'-'XQJ Q.) aJ E J-j 0 tI1WD > U1U1c:tD...rJ ~ ' ' U~b- (0 ~ ' 1 ',I .?~ 1f , .T~ ,.... ~ ") , ~~F- I~ .J , ) ~"OK " f' >'~ CI) :1 . ~,' :'"""'} .".,') "0\' ?:j~ () , 1\ . ~ -:1 ~ ....... .. " ~, : ~~'?:jl C,.... ! ,,') ") ,.J :t~~ ( <;.) ....;; 0" , ~ f...J "'t;) 0' ;<:, """ R i.J,..; " -i, m: u.....' ,....., Z~~; :r' ~. CY o:'r~f o' . K' b ~-i"" Z: \-i, -'- > ,.l!:'J~ ~>. f--, ;Q :.' 0 N) -i' -i- -< i..I -i..O >r\m\j) ~ ;0:'. 0 """", i': -(,'- ~\ ~ [0\ " -' , \ '" "":'''i "- "'" LAWOFFJCESOF l'EPBEN J. HOGG 9S, HANOVER STREET SUITE 101 CARUSLE. PA 17013 STEPHEN J. HOGG, ESQUIRE : IN THE COURT OF EXECUTOR OF THE ESTATE OF : COMMON PLEAS DELORES M. BOWRING, DECEASED : OF CUMBERLAND PLAINTIFF : COUNTY, : PENNSYLVANIA v. : CIVIL ACTION : NO. CIVIL199~. ~ 99 - ;),4';;''-/ (!lOtl I~ : JURY TRIAL DEMANDED SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, DEFENDANTS 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 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, Pennsylvania 17013 Telephone: (717) 249-3166 \ . } Exhibit C, dated January 29, 199B, added soffits, fascia and gutters for an additional $3,4B9. 12, The third contract dated February 21, 199B, is attached hereto as Exhibit D, and was for more siding on the side of the trailer for $7,977. 13, Delores M, Bowring paid the Defendant Sears or its authorized finance agency, The Money Store, a total of $23,793,90 in four checks, attached hereto as Exhibit E, between January 13, 199B and September 12, 199B on these contracts. 14. Argennt Company is a reputable home improvement company which has been operating in the Cumberland County area for 15 years, Argennt Company reviewed the materials and work performed by Sears and its subentities and, based on the estimate attached hereto as Exhibit F, estimates the value of the improvements to be no more than $13,525 and closer to $10,000. 15. Plaintiff alleges that Defendants jointly and severely violated the Unfair Trade Practices and Consumer Protection Law by charging Delores M. Bowring an excessive fee for its services because each of the contracts and the addendum do not make clear in plain language that the charges are substantially higher than other reputable contractors would charge for the same LAW OFFICES OF STEPHEN J. HOGG 1 g S. HANOVER STREET SUITE 101 CARLISLE. PA 17013 work and the contracts and addendum caused confusion and 3 - " i" I t ," ;"1 701- 4SL/-l/ -IY\S fef'C>t.. ,SIEARS Windows SOLO, FURNISHED & INSTAllED BY AMERICAN HOME IMPROVEMENT PRODUCTS,INC, A SEARS AUTHORIZED CONTRACTOR I, Wa OE:'l.O\l.\'i: BO\.UILIN6 Phonn H (., n t72/" - 1'7 7&> hereby employ Amerlcen Horn. ImprovomBnt Producls, Inc" A Seors alllhorlzod "conlraclor", hBrelnoller 'BIBrred 10 aa . Contraclor',10 furnish labor and mOlarlals necaslary 10 parlotln Il\a work herein ollar s., forth on Ihe promlsBs 0111\0 owner loooled at' Sueet 31.// B.elc):., ("-III/tol 1?/J . Clly N6Wvill~. SI.la PPI ZII> 11;2.41 ~315'1~ 4D4nRlllor'Rosd;Smro 107 Moehonle.bllrg, PA 17085 D LOCATION MODEL COI.OR OPTIONS 0 LOCATION MODEL COlOn OPTIONS 0 ISlYLE CODE 0 /STYLE CODE T CODE T CODE /I H 1 WI . uil ,1lli~UlIIJ~_ 10 2 11 3 12 4 13 5 14 6 u 15 .10 16 B 17 18 Contractor 10 do the following: Furnish all labor end motorial nBeBssary to cuslom mftk. and InstBIl ( . ) SEARS Premium Vinyl Replacemenl Wlndowa Into existing jamba. hoaders and sills Ba Indlcllled ebove, Colnr to be ( land to Includo triple pane olass, solar ehlBld tlnl, hBIf Beraano.lnjcclad loam Insulatad froma. blltyl glozing, cam Bcllon Inek, ventatopa 'on double hung only". Inolde trim and oulsldB aluminum casing covBraOB. Clean up and Mil' aWBY all lob rolated dBbMo. All labor eod malenalo covered under 20 year IImlled warranty, Warranty available upon requBst, INDICATE BELOW ADDITIONAL PRODUCT INFOAMMIOI'II1EOUIREO; SPECIAL CONSIDERATIONS, EXlRA WORK OR OTHEn PRODUCTS, I!. ~ 'I~., AU- 6eF-"'''y..1 NO WORK WILL BE CONSIDI!RED UNLESS 11EREIH SPECIFIED. NO VI!RBAL AGREeMENT RECOQNIZIlD. This trensactlon shall be SUb)BCIIO acceptance by Conlraclor, In IhB oveol 01 Buyer's lallura 10 accepl delivery 01 goods or porlormeocD olsorvlces covorad heroin, Iho Conlractor I.hall bB entltlod 10 end Bllyar agrcos 10 pay forlhwl1h, lalluro damaoes In on amount oquall,o Iha cost alraady IncurrBd. II any, 'n Ihe event lhe product has bBBn mont"aetured or plJlchased wllh a restocking fee penelly. conlractor shall nal bu IIBhla for dol.ys r.aused hy strikes, waSlher oon<1illo"" delay In oblolnlno malerlela and olher causes bayonc1lls conlrol, Tha Bnllre undoralBOlllno and aoroemenlllBlweeo Ihe parties are conlolned hBrBln. Any a.tra work not spoclfied In Iho aoreemenlls Ie bo paid lor hy Ihe Buyer on 0 labor plus malellals bBSls 10 ar.r.ordBnce wllh acceptcd Contraclor policies. \I any work shall ho perIOffn.<1 by the Coouactor pursuaot 10 wrlllAn aUlhorlzBtlnn sloned by Iha euyor or euyara, tho price for slIeh wOlk I,hall ho BUrlod 10 Ihe prleo sot lorln Mroln, CONTRACT C,19'f/,'f> !I0WN 100 PAYUENT ' ~~~NCE CD3Qtl.OO 91~rl . To t)~ .!.i~anefh1st' Cl'Sh llpnn r.nmnl6Unn n , ST" In wllnntiti wher{'tollhe OIlY"" htls IfntertHf Irllu Ih!e Irl1l1ODCllon tl'lll ol12tlUJtl'JrN-- to 0.:1--,- d.y You the Buyor may cOReel thll tr.nsacllon III any limo prior 10 mldnloht on Ihalhlrd bUIln... day ofter Ihe da'a 01 thla transactio,," Se. Ihe allachad nolleD 01 cancollatlDn lo,m 10' an aoplanallon ollhls rlohl, JiJ ~ ..Qr.v.. fJCNJ,.n.~~. X Accepled by Controclorthls Sill day ol.J1f{(.fil1.I:t1C- 19 C, 7 American Home Improvemenl Products,lnc, bV~~~?/ 71 trJ(;.1 PROJECT COORDINAl OR 100,101,2(47 PIC' fur IlIV. PtI/OCIfA.m', COI'Y ,INK. '''STALlAl'ION CJDI"( , 'e ,'/,t,::!',>.,'i>""'., ;,..---...;....... V' 707 -lfst;/(/- /Y)S WKX. ;5-3159 { , ~II!! llal~ SIDING ~""'o HIII.r Hu.d, l\ull.1U' ~lG. r',\n~ Muehollleuburu I'A l'3U6 iOLO Fl.-nNISHE.O & lNSTAI.LED . I 0 IY AMERICAN HOME IMPROVEMENT PROOUCTS, INO, ~ (71/) tiUHl81U ? 7"-- 7 77&. . \ SEARS AUTI-iORIZED CONTR^CTOR 7/1,' <P ,We [)eLtJR e.5 I 1f()1-(//?/)/Ci-.. Phlnsll (17tiL717 7bP ' lereby employ American Home Improvement Produ&i:i, Ina" A Sears authorized "conlmctor", herelnalier refarred loas" Contractor'. to furnish labor and malerials necessary to perform lhe work hnreinarler set forth on the premises ollhe owner located al: ~~~Jc%< TO~~Jlfr!iL 00~~~~T~~NECE~~A~~~~~~!I~STALLs+~~tf1WIN~I~!r~~~LE ~EMODELING PRODUCTS: SIDING PREMIUM PACKAGE 8 . Premium double 0 5" panel --1/t:/?e.Dd-' . 3/0' backer board 4" outside aornor posts " ALL SIDtNG TO INCLUDE ALL NECESSARY CHANNELS/MOLDING, exclusive 4-way window sealor system, oalvanized stael slarter strip. Siding 10 be installed to Ihe followino oroos; I (},tJveR ErYMd::. ;3j.)~~ lUCldLl )::"()JL .:D.dM!~t_Q~LtIl fI J b 1 JJ'iH1_-" [-.'r- )CJ 0 S rr- d/ ~ .J;-j,,1L:~LtB. 0 ?:f Ajp 1J,f.)1t:.f/.... /U./CJ ~)c... ,.~ If j wJJ.JI}Jv c.Ko,Yr:.~ ~ 'hJ~U~ Also 10 Includo following optional/eatures: 0/ v. /J () tJ St!!- , Yes No../' Yes No Full coverage windows _ Quantity D II.Y /" New Shutlers (No. peir _) D ii?" Full coverage doors Quanlily D 1Zl-:::/" New louver venls _ Quantlly 0 I?'/ . Full coveraoe garage doors O!2::.- 'Remove exlstino siding 0 ~ _ . Cap sills only Quantity D!4 Firrino 0 B- Porch railings D 0" . Enclosure Ins Ida woll D!:!Y" o PREMIUM SOFFIT AND FASCIA SYSTEM To Include all necessary channets molding. 4 10 1 vanled penel rolio, vinyl soffil panels. smoolh aluminum coil. Solfit & Fascie 10 be Inslalled to the fOllowing areas: Color to be; Also to include the following optional features: DYes ~~ Porch bOl< 3.way wrap I.!f . . Porch ceilings, D @/ Fascia 0 ffi.--""'" Werranly available upon reques\. New gullers . New downspouls R & R gUllers/downspouts Yes D o o No ~ B-" Addillonal work to be done o Clean up & haul away a~Q/).related :J1:rls'R Work Not \0 bo done J IJ ~ e- o lUdR.k.. NO WORK WILL BE CON91DEI1ED UNLESS HEREIN SPECIFIEIl. 110 VERBAL AGHEEMEHT RECOQIIIZED This lIansGclion shall ba sub/ecllo acc.plance by Conlr3clor, In Iho avanl 01 Ouyor's lallure \0 accopl dallvery of ooods or performanoe of lorvicas covorod herein. Iho Conlractor eMII b. enlhled 10 end Buyer oorO.G to pay forlhwith, lailure dornagos in an omount aquallo Ihe eo.\ alreedy Incurred. " any, In lhe 8vonllho product hos baon mAnufaclUfad or 'pu,chaced wllh 0 rOSlockln" lee ponolly. contraelor shell nol be lIoble for delays caused by strikos, weather conditions, doloy in obtolnlno matorials and other caU$ti:s beyond Its conlrol, The antira understand. ing and Dor.omanl betweon Ihe porUes aro cOlllalMd herein, Any exlre wOlk not spec,fiod in Ihe agreomonl is 10 be paio for by Ihe Buyer on s 'abor plus maler's's basis ill BccordorlCO with accepled Corursclor policios.1t sny work shell be performoo by the ConlroclCJr pursusnllO wrlllon aUlhorltsllon aloned by the Buyer or Buy.'.. Ihe price for .uch work shnll b. added 10 tho prico cel 'ol\h haroin, CONTIIACT PHICE !lOWN I'AVldl!NT UALANCE DU" To be financed Ql/15'ash upon complotion 0 In witness whoraof lhtj 8lJ1l hos entered In~}lh16 lronsaction lhls of o..J W 10 2. cL-_, You the Uuyor may Cllnccll Ihl. tr.n,QQUon at anv IIn\o prior 10 midnIght on lh. third Im1llnaa.u "'av I&U4I, 'ho dal. o' t"" Iran..elloll. 'e" 1110 ..U>>olled notlc. ., ooncoll.llon 'orm fer on ..plan>>lIon 0' 1111. rluhl. xJl-&->.. -m fln~ X · Accepted by Contractor this .--" dl\'f of _ . \ (/ American Home Improvement Products. Inc, by W-fj~;11J :i9 .PJ~ ~ White. Convaao.... cop)' V.lle.. p"",,,u,,', U1py ..lllk .1.....ljll..1IOfl t4P'I HI ?SJ - \001"', /;1 I,' . ,/' '."'~ ADDENDUM TO CONTRAOT NO. 'S' ~<315 q ) , , BY AND BETWEEN 1-c:9.q-q~ en CYI..Qtl..S.L. ~3ql.oq7 745$ +B4Q, l~American AMERICAN HOME IMPROVEMENT PRODUCTS, INC. AND _De-he!) R (.>;\ 86fJ.J'K;)J~__ 1. At the requesl of the Buyers, and on the basis of Ihe unde!,6tandlnl1~c.l't forth lIdow, Arnerlgar,H e Improvement Products, Inc. hereby egrees 10 amend Contract Nu. ~ J J uelud) ~ ;) -) n the following particulars: t:Y. 00 ,/,1( .f) ::z: AN. f:I. e A. ~ (' ,/'\1 i\~ C oj- 1== F\cl1Yl :5 .-:; b 1,1 t:.b 71S) [),Btf)/">>/9 S.J-F A.u{ Ei()""}e.~~ pfJ6 me.u+ ~h:) .(3-,0 9',:Ja.E.. 2. This Addendum is not Intend ad 10. and does nOI, effecllhe customer's rlohllo rescind or cancel the original conlract. Which right Is extinguished by Ihe passage of time after Midnight 01 the third full business day following the date of saId contract. 3. It Is further understood by and between Ihe parties thet the specific amendmenls or changes speclfted herein shall not supercede Ihe original conlract unlil after Mldnighl on the third full business day following the dala hereof. 4. It is further undarstood and agreed by and between Ihe parties Ihat pursuanl to ~ 226,903 01 tl1e Truth In Lending Interpretations of Regulation Z. end lor purposes of all related stata stalutes 011.1 Federal Trade Commission Rules, with regard to Iha customer's right 10 rescind or cancel any Iransacllon wilhin three full business days, Ihls Addendum Is a separate transaction from Ihe original contract. S. It Is further understood and agreed by and between Ihe parties that Ihe following nollce of cancellallon shall ba effective only to this Addendum and In no way affacls Ihe origirwl contr,;cl whlell sllall ramaln In lull force and effect. 'YOU. THE BUYER. MA Y CANCEL THIS TRANSACTION A T ANY TIME ('Rlon TO MIDNIGHT ON THE THIRD FULL BUSINESS DA Y AFTER THE DA TE OF THIS TRANSACTION, SEE TNE ATTACHED NOTICE OF CANCELLA TION FORM FOR AN EXPLANA TION OF THIS RIGH r. ' 6, All at the provisions conlalned In Iha original contract daled which aro not Incorlslstont wilh the , provisions hereof are Incorporeted herein and made a po"rt heteof by' reference thereto as if the Garno woro fully selforth herein. Any conrlict belween tha terms of tha original contrect and Ihls Addendum shall be resolved In favor of this Addendum as of the effecUye dale hereof sot forth In Paragraph 3 above, 7. Customers who have errenged for credillhrough Amarlcan Home Improvement Products. Ine" which shall be altered in amount or In any other particular by 1his Addendum, should consult tho dlsclosuro slslement accompanying this Addendum wllh regard to the applicable disclosures and nOlicu of righl of rescission. rican Home Improvement Products, Inc. --C:: ~ DATE).... j:) 9-92 BUYERS: jyJ.ll'lP-,\./'}"I_@ <r:rz,), r1,? >>11,.0110 \lVI !'I'I",.Vl~I' ~', . .' ":~'li.h',:. :': l...~'r-- ~""; i.,l"., . \:',", , . , , , . " '. ," .' /jj~ cj.$~ - fYlS pif)~ ----,-q/6>30 'Il!!'" Il!I SIDING ~o nl'ir.'i noad. 8011.107 &'.A/I"II' M.cha.l.aburg, PA 1705S g~';.~lll'.'6~\;jIi\1l'M\I~,rtb~\1~~NT rnOOl.lC19. 1'1<:, (717) U1-8016 A snMS ^UTI'IOAIZI!O eON'rnA.CrOn . I.Wa OeLQRe.5 ~vl\i...l.L~ Phonod&;..z6>>~..2ZL horeby omploy Amorlcan Homo Improvement ProulIol(lno,. A Searo BUlhorb:u<..l "conlractor-, hB~~oll:lr~forr9d '0 OB ~ Contractor-tIn furnllh labor and matorlals nocos.ary 10 parrorm Ih. work h.relnanar oollorlh on Iho premises ollha owner localod al: SlrOo\. <g 1/ / A R " cJc ch IJadLflc.\ ,Clly AJ ewu;/J.. C- 51010 _ (.) /.l. Zip) '7 !1l.J 9 CONTRACTOR TO /'URNISI:l ALL LALlOR AND MATERIAL NECr:SSARY TO CUSTOM INSTALL THE rlii:to'wiNG EXTERIOR HOME REMODELING PRODUCTS: ~ SIDING PREMIUM PACI<AGE r-. _ /, " Pramlum doubl. . 6' panol c::: Ve-r err' 318' backor board ... . 4' oul.ldo cornor posl. ALL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOLDING, oxcluslva 4,way wlnrJow soalor syolam golvanlzod slool slartar slrlp. Siding to ba Inat.llod 10 Iha followlnD orooo: . p;.~n-l- of 1i,/" S:(~"s' t.ul'''r",. ~)~~~ ~-'vl;.fr AI.o 10 Include followIng opllonal 'oolllros: Yes . Full covaraga windows _ Qusntlty 0 I . Full cavorage doora _ Quenllly 0 \. Full coverago garage doors 0 , Cap allls only Quanllly 0 . Porch railings 0 o PREMIUM SOFFIT AND FASCIA SYSTEM , To Includo all necoosary channela moldlnll. 410 1 vonlad poool r.Uo, vinyl 0011I1 ponols, slrlalod aluminum coli. Solllt 1\ Fascia to bs Installed 10 Ihe followIng araaB: No /' Q/~ . Naw Shulters (No, polr --> B--:::' ' Now louvar vanlo ~ Quenlliy g-- . Romovo oxlsllng aid/nil GI-'" 'Fining 1:.1- . Enolosulo Inside wall Yas No g--g'" ["~ o 9- Color 10 be; etH,~-r t\ : /fJ l ..... / \ Also to Includa the fOllowing optional feoluros: Voe N9' . Porch box 3,way wlap 0 1:1./ , Porch ceIlIngs 0 ff . Faoola 0 Ef . Worrenly avallablo upon roquesl. Additional work 10 be done Vas " Now Duller. 0 ' Naw downepouts 0 . n 1\ R lIullare/downopouls 0 No,. ~ V -....d Claan up 1\ haul away alllob-ralaled dabrl.. /WOrk Not to bo done NO WORK WILL PI! CONSIDERED UNLESS IIEREItl SPECIFIEO. 110 VERPAL AOREEIAENT RECOGNIZED ThI.lr.nucUon .hall bo lublnot 10 ocoeplnoce by Conlreclor, In Ihe ovent 01 Buyer'. f.llura 10 accopl dollvory of good. or porform.nce of SONiC.. covered hsr.ln. lhe Conlractor ohall bd ontitled 10 end Oliver lI11rc~os (0 paV forthwith. fslluro dams06sIn en amount equal to ihe COlt alreody locurrld. "ony, In rhl Ivonllh. producl hoe been manuloclur.d or purch.,.d wllh 0 r..locklng 10. ponally. conllSClor .hall nOI be lIabl. rordolays caused by .trlkoB, w.ether condillo"" dal3V 11\ ohtalnlno cnaterlahl and olho(caU80S beyond III cootlOl. Tho onUr. undorstand. log &nd IIgreomont botw..n the partlaa ere con1alned herein. Any ,~trn work not speclflod In the Bornmant 1, to be paid lor by the Buy.r M II I.bor ptllsmlltlt1all bull tn accordanc. wllh GeCep1ad Contractor pollcloa.lI any work shall ho performed by tho ContfOclot purouant towrllten aurhorlza.lfon aloned by fh. D!f>,Of or Buy__r.. Iha price lor cuch wOlk ~.hllll b. add"d!o Ihe prlco BIll forth heflln. CONTn"CT PRICE 'DOWN \"AVM'NT D"UIlCI DUr: Tn ho flnancod C!'t---1olih upon complo11on 0 In wlln.,. whateof tho nuver;; Intotod~('l!r:.lhll1r8nGnctlon 11110 of -th ID 2.x ' .ill doy You lh. !IIV.'....' ..nc.llhl. I..nucllon .1 .ny 11m. prlo, 10 mldnlghl on tho Ihlrd bu. In... d.y ..11., lh. dol. .r Ihl. """..clio... Ie."'. .1I..hod ".11.. 0' c.n.oUollo" fann '0' ." ,"'pl."all." olUd. .lghl. x~ Acoopltd by Contractor \hI. Am.,lean Homtlmprovamtnt PlOd"cl', Inc. by ,""I.. Ccrirattot""Pi x _dayo! ~ e.b 'A:21:/A IrJ ~ ".11.., .l'urch...,.. cop, ""It ~ t"ldatlOl'l~, S"CI% 10 ~R -:;'Z-/jlP'l1A {'j a- 5'0 Z . \' 1\!7 60-98"313 367/ 7'VVV 176621. I\~ P J\\\}TB~l,l ~1/9-fS~ ,~~riJf"-r/'~.;-"tt) ,o-n'), ~~" H '^l~ I $b,3'1~ltJo ~~ '_/~.JtL"'A.J...'.""/~"~~OI.l.ARsmi:?= ~~~l\Il~~Mtif.pi ,a THE FARMERS NATIONAL BANK Ir~o~a~ W~UZ:;;;HNIYlVANll..ll.1'f. ,""0 O~VP() ~il> i~q; JJ~~--B~_u.,," 1:0:1 BO'i8I:l51: ~? 1;(;2 ~II' 0:11;'/ ,,10000~'i1,00..' -.. ...--~-.... ..... ~.-... ~-=-'11: ...or...... 'DELORES M. BOWRING . 341 BRicK CHURCH ROAD NEWVIUE. PA 17241 -.......... . - .. bEL~,M.;BOWRING ' ',' '^41~ I CHURCH ROAD :'t\ T LE, P,^ ~ 7241 60.983/313 3 7 9 176621 ././J c: ' D^'~.r.q{.. ;;>. 19/'1 1$ f6f?oa <?7i2. I (j IV> ~ k-.. ~ ':, ,:,'Ji:, ODL1I.I.ARS m i:?'.:' ' <I . ,,-.1:''1. 1.~' '"T.:.,,;. J , , 'a'MUE. PA. a TJI\1Il4~ NATIONAL BANK W 0; NEWVlLLS. PSHtlSYLv.ult.tna&1 :7~-:~~~:I 51: ~? (;1; 2 ;~<::lY1-~~00~ - - .......~ -.~.:-.-u... ...~2.- "''''. ...........~ -- ---.---.....----- ---------~-------------- DELORES M. BOWRING ~~'; 34~=~~~~:C~7~~AD p AI-f1I!J I'?! 9r ~~~ricW~hl?f'10h~t P;t{!)Ee.A-P-R 24 ")8 1$7//55.0 =; ~1/el'J tJu2W1d..EQl./ehtJ1'Jckefikijl:f.ifi1fi.~!/-a.. DOl.I.ARS mi:?'::' . " 02Cl144r~66 400 lt~l:\\\'i~g,~3 4:10Q THE FARMERS NATIONAL BANK f u3)309835 , OPNEWV1LLIl. PENNSYLVANIA nUl pd II) PC/II IEIdO 0 'If?-(}o/-oo7sa 16 a4a-J:JerJ,l2e~,.43~ I:O,H:l0'i8:151: ~? (;1;2 ~II' O:i'i~ ."000011,/fs00," .. ..- ..... ".":-~~~rw~.. .....'............:r. 391 -..-- '.. .--.-.......--...----. -- w.'-...._ _~w -- ob~.".~,,:.~..~.-". ~-~. 'AYTO ntE IROEK OF 6O-""313 419 DELORES M. BOWRING~ I ,," ""21 . 34' BRICK CHURCH ROAD . ~.... NE\WILlE. PA 11241 DATE ...., rl5 I 2.'1..{, I 'D . ,4 . ~I I $ ~ <1i? \l'JU\lf~.\!r~ <'1 SO:'! I f'61ijhIARS me?::- N HE, I'A THE FARMERS NATIONAL BANfl130~llJ5 . 0' NE1MLLE, "NNnLV""',,,,,, , '~ c N~ l2:ril~.E~0_'_____:__.". ~? ~~2 ~~ Ol,~'i ~0000020000t ':0:1 BO'i8:1 51: to C') "" ,. CJ ;!;~ 11:0- ~a:~ O:l:~ m~< .".. ~GuI (1),,:::1 WO~ 1I:ii' 0'" -,_z W;l; Q ~~,f ,r{~ , (?J ~~ 'D ,-Il;:..lQ 'OQ '"l':5 <t &'l IJJ, -UEC-tB-98 e9:'7 AM ~lBB FINANCIAL SERYICES 717 249 8010 .:. P. CJ~ Estimate AllGfNNr co. 1400 VIEWHORE ORIVi CARUSU! PA 17011 717-14).1757 ,,,' 717-141.1717 Job Du,r1pllon J4IIAICK CHURCH ROAD NfWVIUE PA Ilemlud Enlmal. SIDING ESTlMAl! 35 SQUAIlE GlAY SIDING VINYL SOFfIT VINYL WINDOWS 7 TOTAL GUnER AND DOWNSPOUTS 'ASCIA 1 ROLLS INSUlATION IEMoVE SIDING WOR POR ALL WORK RIOV! 1500.00 200,00 1500.00 200,00 115,00 200,00 $00.00 1000,00 11.125.00 Totol Th I. IItlmllo appllll or.l,lv tho lab dncribod obDVI. n". o.tlmato dot. not Indude oddltlDtlol mat.rlal. D' libo, tI1at may br ,,<ulred duo to "'y unforlttll plOble.u lhal trl.. "'0' tho Job~.. baeun., '. . . Sears Windows, Sears Siding and/or American Home Improvement Products, Inc. and are persons in trade or commerce as defined under the Unfair Trade Practices and Consumer Protection Law. 6. Delores M. Bowring, a widow, died November 11, 1998 and is survived by one daughter, Doreen Bowring. 7. Delores M. Bowring, deceased, and Doreen Bowring resided at 341 Brick Church Road, Newville, Cumberland County, Pennsylvania. 8. 341 Brick Church Road, Newville, Cumberland County, Pennsylvania is a 1974 single wide Atlantic trailer. 9. Defend~nts John Palmer, Chris Winey and Stan Norris contacted Delores M. Bowring in 1997 concerning home repairs and had her sign three separate contracts with Defendants Sears, Sears Siding, Sears Windows and American Home Improvement Products, Inc. for home improvements. 10. The first contract, attached hereto as Exhibit A, was dated December 5, 1997 and was for replacement windows for $6,494. " 11. The second contract dated January 25, 1998 is attached hereto as Exhibit B and was for a premium siding package on the front of the trailer for $3,964. An addendum, attached hereto as 2 , " ,.' ;i \( .'.) Exhibit C, dated January 29, 1998, added soffits, fascia and gutters for an additional $3,489. 12. The third contract dated February 21, 1998, is attached hereto as Exhibit 0, and was for more siding on the side of the trailer for $7,977. 13. Delores M. Bowring paid the Defendant Sears or its authorized finance agency, The Money Store, a total of $23,793.90 in four checks, attached hereto as Exhibit E, between January 13, 1998 and September 12, 1998 on these contracts. 14. Argennt Company is a reputable home improvement company which has been operating in the Cumberland County area for 15 years. Argennt Company reviewed the materials and work performed by Sears and its subentities and, based on the estimate attached hereto as Exhibit F, estimates the value of the improvements to be no more than $13,525 and closer to $10,000. 15. Plaintiff alleges that Defendants jointly and severely violated the Unfair Trade Practices I3nd Consumer Protection Law by charging Delores M. Bowring an excessive fee for its services because each of the contracts and the addendum do not make clear in plain language that the charges are substantially higher than other reputable contractors would charge for the same LAW OfFICES OF EPHENJ. HOGG 's. HANOVER STREET SUITE 101 CARUSLE, PA 17013 work and the contracts and addendum caused confusion and 3 , Exhibit A '. . .' .. Exhibit B , 76< - l,tS (,tl.j - /Y)S /1!.;;0( ;s - 3/5 9 ( ,~/t'!r, lalli:!> SIDING 4W40 fllll.r Huud. ~ull.'u' ~lS. "If'ft\91 IAllohftlltCIIUlIIU I'A '("b i$7.~:kl'~'j.I~'~lWM~I~9~~6\i~\~1GNT PAODUCTS, INO, ~ (It'l) IIU1.6ll1U ? 7,.-7 77(()\ \ SGARS AUTHOill'Zeo CONTRACTOR '/ I, <P V , Wa {) eJ.() R e.s, I5tJ tt/I? ,n~C;I- Ph2'a 1/ J.21.?) '1.I7..2P ,ereby employ Amerlcen HomO Improvement Produ';!, Ino" A Seam aulhorilecl "cOnltnClor", heroin after rclorred loes " Contr3ctor",tD umlsh lebor and malerials necessary to parform Ihe work hllreinallor sotlorlh on the promises ollhe owner located al: ,(roBI <LJI 15f?lc~ chLJRCh Rei CllyllJUl/v;'I..&'_Stlltu 9L-zIP 17.,LI[ CONTRAcTOR TO FURNISH ALL LAI30n~ND r\TEIiIAL NECESSARY ro CUSTOM 1It.C,TALI. THEtOr.cOWING EXTERIOR HOME ,1EMODELING PRODUCTS: SIDING PREMIUM PACKAGE 8 . Promium dDuble - 5" panel ....I/CRe.57" " 3/0" backer board 4" oulolr/o cornor posls ALL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOLDING, oxclusivo 4-woy winr/ow scalar system, oalvanlzed alool slertor slrlp. Siding tD be installod 101110 101l0winO oroos: (},tJvt..R ,{r3IMd::. t3fl=~ :U;Jc:!t~JL .s;lJ1tld<;LQ~L@ fd I> j:J11le,. 12 f./::.. 7V 0 S . R Y <l <;-j.).iIlm. 0 )12:t> lJ-Fri eft..~{&.l:J' C- J.':Jraf!U-'Y)Jl.LJo~_f~fd..!(?,{Tp:- o/vnW'u/-t!:J - Also to Include following opllonalloaturos: /J" {/ Se. , Yes No.......- Yos No Full coverage windows _ Ouanllty 0 o.r'./" Naw Shullers (No, pair _) 0 ~ Full coverage doors OUBnllly 0 17.J-::/'" Now IDuva, vonls _ OUdnllly 0 ~ . Full covaragB garaga doors O~./ . RomovQ Bxlslino siding 0 @:::,.... . Cap sills Dnly Quantity 0 Jd" Firring 0 cr Porch railings 0 0" . Enclosure Insldo woll D i:!1""" D PREMIUM SOFFIT AND FASCIA SYSTEM To Include all necossary channels molding, 4 10 1 venled pAnel,olio. viny' sDHiI I'al1ols, ""'OOIt. aluminum coil. Soffit & Fascia 10 be Installod to Ihe following aroas: .. Color tD bo; Also 10 Includa thB 10llDwlng optional fBBtures: DYOS ~,~ " Porch box 3.way wrap Lor . Porch coillngs D l!V" Fascia 0 ~ Wer/anty nVDilobla upon roquosl. Yes New gUllars 0 Now dDwnspouts 0 R & R oullors/downspouts 0 ND ~ B- Addllionol work to bo done D Clean up & haul away a~cVJ.rolaIDd iellrls'R, Work Not 10 bo done / /J <" /) e . I.U6 R.)::: NO WORK WILL BE CON91DEIlED UNLE~S HEREIN SPECIFIEll. 110 VERBAL AGHEEMEIIT flECOQllIZED This lIaMoclion shall bo aubloctlo occoplance bV Conlraclor, In tho ovenl 01 [luvor's lallure 10 aceD pi dellverv nf Ooods or pe,formeMe 01 8orvico$ covorod herein, lho ConlraCln( ahnll bo enllllod 10 and Buyer OOIOCHi (0 pay forlhwilh, lailuro nornogtJ$ in an nmounl equal to the COSI a1,e.dy InCUr/ed, II onv, In Ihe ~voatlho producl hos boen manufoctured or 1'1Irchaced wllh a '0510cl"nll'O" ponoliy. cowoelor shell not b. Ilabla for delays caused by 6trikos. weather condillons, do lay in obtaining rnalllrials and olhor CdU$<<JS beyond Ihi control. The entire understand.. Ing and ooroomonl betwoon Ihe pal lies ora eontatnod humin, Anv extro work nolspeelliod in Ihe aoroomDnt is 10 be peid tor by Ih. BUyer oa e labor plus m.U8rJa1Sl baslf; in Bccordoru.;u willi aCvlJplod COnlfPGtar nnliclus.ll cny wcrl~ ct',a.!1 be pcrlClfrno(1 by Iho ConlmclcI purslJanlloWl'llton 8uthoriutlon sloned by Iho 13uyar or Buyors. tho price for 6uch work sholl bo added to tho pried tot rorth heroin. CONTIIACT PHlce DOWN I'AVMI!NT UALANCE DU. To b. (In anced rvcosl1 "pan complolion 0 In wilnoss WhOfOO' Ihu Q.!J~.C hos unlulod II\!~I& IHI06aclion Ihls of .....\ ,V \9 -7- !L_, o dov You the UU~l)r Inov c..ncQllhl. 'ran'Gellon at anv IIn10 Ilrlur to ltIidnlnhl on the third bU~lnG6U lIav lI"ttr lho date 01 Ihh tr.nlillcUon. S... tho aU.oh4d notlc. or ooncollOltlon form for un ..pl.nMUol1 O. Ihlu rlull.. X Accepted by Contractor In is American Homo Imp'Dvemenl P,oduCls. Inc. by I I ~ X .BT~dlWol_~_~V - -All /111) ~ ."t2.'~)t/ HI c; }(" While. Con"IClOf" copy V.II... P.....'n...'.. c.opy "Ink . "'"I.II.h~" COPt ., t ~: , .,/ ... ADDENDUM TO CONTRAC'[ NO. 5' ~0 /5 q ) BY AND BElWEEN .' l~American I-aq-Cj'it Cn~ ~3%/.17 745$' +-34q/ AMERICAN HOME IMPROVEMENT PRODUCTS, INC, AND Deh0R{'.)0 RCf;) '?-: ,U ~ 1. Atlhe request of Ihe Buyers, and on the basis of the under6tandlnQ~c.~1 fortli IJdow, American H~ Improvement Produots, Inc, hBreby agrees 10 amend Contract Nu. r513.J.;;f:iJ_ dal~d J ~0l5 -/ n the followIng particulars: (51 ~o ,4( 1) Iill/; f:I. elkS ('A").t~d- ~P-DIY) 8.'11-11 i::b 7<1<'33 I1LIt!X;uc!9 Sv-I=" AuJ' 8J)'I-1-e.~.3 ~ me.u-\:: ~tC".) B'f' 9',paE.. 2. This Addendum is notlnlBnded tD, Bnd does nDt, effecl thB customer's rlghtlD rescind or cancallhe original contract, Which right is extinguished by the passegB Df time after Midnight of thu tliird full business day fDllowing the datB of said contract. 3. It Is lurthBr understood by and belweBn the parties thatthB specific amendmenls or changes spBcified herBln shall not supercede the Drlginal contrect until Bfter Midnight on the third full business day following the date hereD'. 4. Ills further understood end sgrBed by and between IhB parties that pursuant to ~ 226,903 of the Truth In LeMing Interpretations 01 Regulation Z. and for purposes Df all related statB slatules omJ Federal Trade CDmmlsslon RulBS, with regard 10 Ihs customer's right tD rescind or cancel any transacllor1 within three full business days. this Addendum is a sBparate lransecl/on Irom the Driginal CDnlracl. 5. Ills lurther understDod and agreed by and between the perties thatlhe following nollce of cencelletlon shall bB Bftectlve only 10 this Addendum and In no way effecls Ihe oriyinal conlracl whl,,11 shall remain In full force and effect. 'YOU. THE BUYER, MA Y CANCEL THIS TRANSACTION A T ANY TIME PRIOR TO MIDNIGHt ON THE THIRD FULL BUSINESS DA Y AFTER THE DATE OF THIS TRANSACTION, SEE TI-IE ATTACHED NOTICe OF CANCeLLA TION FORM FOR AN EXPLANA TION OF THIS RlGH r. . 6. All of the provisions cDntalnBd In thB originel cont,acl daled which aro notlncor.slslent with the . prDvisions hereol are Incorporeted he,ein and made a pe'rj hereof by',eference the,elo as if lhe same were lully sellorth herein. Any conflict b&tween Ihe terms of Ihe original conlrBct end this Addendum shall be res Dived in favor 01 this Addendum as of the effective dBle hereol 60tlorlh In Paragraph 3 above, 7. Customsrs who hBve BrrBnged for credillhrolloh AmetlcBn Ilome Improvement Products, Inc" which shall bB Bltered In amDunt or In Bny other particular by Ihi6 Addendum, should conSilII the dlsclosu,e statemant accompanying this Addendum wllh reoard to Ihe epplicaule disolosutes and nolicu of ,igllt Dr rescission. rican HDmB Improvement Products, Inc, --C:: DATE)..... ::J 9-9 ~ BUYERS: JY~Q.(lo'-P.-:l""/VlI_@ <>-r1<), rll7- mfl.0l10 lIP. Exhibit 0 '. ." . . , . . . 7~- '/s$1(j - rn5 pef)~ ,<)-,-q/t.P30 SEARS'SIDING. Wlo mil(, nOAd, 8,,110107 SOLD. FUnNISHEO & INSTAL ED 1.10."onlotburg, PA 170" DY Al.IEAIQ,\N HOME 'MPnob~l.4pNT pnODUCTS, ,,,<:, (717) "t.8018 A SUMS ^UnIOnIZElO CON'rnAC rOA .' I,Wa OeLon..e.s SOlvl\i1L-cA.-_ Phun6d&.z/lLZ~..22.?_ horeby omploy Amorlcan Homo Improvement ProcJuni"(Jno-:A Se(,'8 BUlhorlzuu"contraclor". hB~~nlt:l~fo"fld 10 oe .. CoolrBclor"llo furnllh labor and malerlole nace.sory 10 perlo,m Ihe work hor." ,.f1o, GA' lorlh on Iho premlGos of Iho own.r looalod 01: 5110el..11/ I 11 (l, " cJe c..h./Jilildld..___ Clly -.Ad e~l1 e.. Slala _ /J ~ Zip) '7.!2 'J '1 CONTRACTOR TO FURNISI;/ ALL LAO OR AND MATERIAL NECESSARY TO CUSTOM II.ISTALL THI' F~U:OWIN(l EXTERIOR HOME REMODELING PRODUCTS: - ~ SIDING PREMIUM PACI(AGE r-. . _ /' ", Premium double. 6' penal C. Ver err. ' 3/9" haoko, bDerd ~ '. 4' oul.lde comor posls ALL SIDING TO INCLUDe ALL NF.CESSARY CHANNELS/MOLDING, excluGlve 4.way wlnelnw '0010' syslom, galvanized GI.el slnnor strip. Siding ID be Inelellod 10 Ihe 'ollowlng orane: ff~,.,-I- of IiA/,) 5:"("5" ,).ll,prp, (lY't!'JE.~~J I')'\,'I;'}-, ...j , Also ID Include rollowlng opllonel 'eoluros: Yss . Full ooverege wlndow8 _ Quenilly 0 ": Full coveregB dODIO Quonllly 0 Full coverago gBrsge doore 0 , Cop ellla only Quanllly 0 . Porch railings 0 o PREMIUM SOFFIT AND fASCIA SYSmM To Includa ell necossary chennols molding, 410 1 vonled panel rollo, vinyl Goflll penels, slrlalod aluminum coli. Soll/' & FBsela 10 be Inslalled 10 Ihe following orooo: No ,/ [';/~ . New Shullers (No, pair ----l ~ ' Now louver venle ~ QuantilY G Removo exlsllng aiding Q---' . Flrrlng (~ . Enclosure Inolde well Yes l} Er o o No &;V o o Er' g- Color 10 be; If/J-e~-r " ~ /I~ .1..../ \ Also 10 Includo Iho following opllonal leotures: Yae Ng, . Porchbox3-weywrep 0 ~..I , Porcll ceilings 0 er . Fascle 0 8' . WarrBnly Bvellablo upon roquesl. Additlonnl work 10 be done Yos '. Now uullers 0 New downepouts 0 . fl & R guUara/downGpoulS 0 No.... [} V ....or Cloan up & heul ewey slllob.relatod debris. /WOrk NOllo be done NO WORK WILL B~ CONSIDERED UIILEGS IIEnF-1II SPECIFIER. 110 VEnnAL AGREEIA!!IlT R~COOlllZED This lran1gellon .h.11 b. sUhJocllO neeo,'lonca by Contraclor, III Ill. ov'"1 of Buyer'. foll"r8 to OCClpl dollvo~y 01 goods or pOIIO/manc. 0' lO",jc.. cov.rod herern the Cont,.clor ollall blJ onliU.d 10 and Ouyer Boreo," 10 pay lorthwUh, hsl1UIO dam'Doli In 8n amount aqual to lhe COBI ....eody In-cuned. " Gny. 'in the evenllhe product 'loa been manufactured or purcholod with a ftl5tocldnO '.0 p(mally. r.onltactor 5han not b. "abl. 'ordollVl caused by ,tflkol. wlather candillon.. dol:ay loohlalnlng Ina1arlelD and othor CIUUOU hevond itl control. Tho oullr. undor'Iand. \ng and aoreomun\ bol.......n thIS palllou ar. conlalnetJ I.oreln. AIlV ....110 wOlk nul ep.cllJad in Ihe tio,nmtmt hila bet paid IlK by Ihe BU1.ronB "hew p'lIllmn.I."'lllI bulstn accordance willi occeptolJ ContraClor policle..1f anywOlk 'hall he performod by Iho ConllOclor pureuant 10 wrlll.n IiUlhorlz,Qllon a1on.d by Ih. Duyo, or Buyoll. tho pllc6 for &lIeh \York ullal! be ,lIdad!o Iho prleo 861 Iorlh herein. CONTRACT pnlCE DOWN PAYMENT DAUNCIl DUE 9 ZL ' To h.'loooeod ~..h IIpon compl.lI, n I In wlln.'1 whoreD' 1110 Ouy&r A .nlol jd~:'\}~ thlllranGnCllon t1IIB _~ / day 7 01 -th,o'y''-y- , You Ih. auv.'....y oa"coll/". Iran.acllon al ooy II"'. pllor 10 mldnlghl on Iha Ihlrd ~".lno.. do, ahor Iha d.l. 01 Ihl. Inn..cllo... ... lito a"aohad noll.a of canoollollon lonn lor an upi.naUon ., Ihl. rlghl. x j)'p'h.o.. f3(''1-VI''I;'~' X.. Acoopled by ConlrlClor Ihll =!i~ :i/_dlYO! f;e.,b _ 10 ?f? Am~lcllll Htvne !mprnwmenl Producll./nc, by . ~ .!~141-M 1(1 '/ ?'?"J/i'P'lhd"l t:; 7 ~'..Cor*actDf"CGPV ....n...r.nt..NflcOflr ......at"lalllofttoPf 50~!1 !>~,~ /;: . "ir"'~ ~ '.~'-Cii~::".- ""'~"''''i''''''-'''':.' \\A'JJ7. 60-983/313 ':, 3 61~ pJ\ \ GTB~:~,-J9-fst>~/ ,~~riJ'.'. -r/'~~-"tt) h1'~~n-~)'\\ I $/" 3'1~,tJo ~~--I.~.__. A...L. L. I)~" ~,_~ m=- ~~~~ -f\IW'_-,_llOI.t.AI{S 1=...... " Hll~~S II 'PI\. TilE FARMERS NATIONAL BANK \~1f3o~'a~S ;p~N~NN'~AA~~'f- 'h (J ~ ,'."0 Ot{OVP()1 v(J I) t!f30Q6 ciJ~~..8~-,,---_.~ 1:0:U:l0'i8:151: H (;1;2 ~II' O:ll;? "IOOOO~"II,OO.,I - - -.:I "DELORES M. BOWRING 341 BRICK CHURCH ROAD NEWVILLE. PA 17241 "'M. --..~ .-ll=-=--.~- ...._II.....}!: .....~.....- . _=-::..0' bE~ ,M.:BQWRING ','1\4' .' CHURCH ROAD ;'t\ LE, P,A ~7241 60-983/313 379 '76621 /~/} c: ' DA1lif:.:!=!f= ;;J. 19,7'? 1$ {bl?oa <?1i!. CI ~<<w.~:- '~8.DOI.I.ARSmi::::':::' " ~PA. a TJr~\'its NATIONAL BANK W 01' NEWlLLE. PIlNNIYLv,ulttnan .. :; ;~'~~:I 51: ~? (; I; 2 ;~'~~<::l)1-.~&i~~0; - ... ---=-~I~t:. ...,,'...." "-.. .....~r::~.p -.. - .:-=:.0 DELORES M. BOWRING 60-9831313 3 91 34~=~~!:C~7~~AD p .4f~)IJ'? J 9'j:. ~~riJ'.~-be.1'1o~~t ,s-tmre.APfl-T4-9.Et-J $ 7.J '155.0 ::; ~uef'Jt/1 "uY}d..EQt.IL~j)t.JI)~e~,fM.~Cilff.t,l(.e- /lOLLARS mi:?.':::' _ 02CI144';:66 I~OO l'lf\',\'i~b:~;:J -'\:'100 TilE FARMERS NATIONAL BANK f U3)30D035 OPNEWVlLLB, PENNSYLVA.NIA nUl pd., /J ,P"'I ''''''' () 'I'" -nO 1-~a7 sa /6 ;:)l.{a.-cB(?r:J'2€#t,.4'3~~-~ 1:0:1 ~:I0'i8:151: ~? 1;1; 2 ~II' O:l'i ~ ,"000011,8"500,0' -It- -~.. --Ili:_"'~I'.:--.::r.. .-.._~s::=:=::-. -.- ''''fTaTlIR 'RDER Of ,''''''' .... ...- ... . .__J:..~...~_~..~.~..io~. DELORES M. BOWR'NGr~1 '" 6Oi:~~:13 419 341 ORICK CHURCH ROAD .J ~_ NEWVILLE, PA 17241, OATB ~y-.J...-~r;R. 'lL{, ' (" .!> <<ne,I -1 $ "':lj di? -:;t: . ~~~1.'L5D3.L5;lfA;sml=-= N VK1E,I'.\' TIlE FARMERS NATIONAL BA~13001135 01' NE1MUB. PEHHnl.'.~IA m". ~ . ~ C Nfl rf1.J]~,.?.i1c:_~.!____,_.~___~ ~? 1;1;2 ~~ 01,~"I '0000020000' '-.so lD M ~ ~~ ;} m~ .. ::,- r' ' " eJ.. ~n.. ~ Cl ~~ 11:0- 3:a:ct ox~ mM...: .::> 0. 2iGuI Uh::j W{)~ 11:- o~u ..J_% W;:\ C . ~~II ~~ ,0~~ oD .~... 0 01::1' <l' ~ II'~ <l' ...... r. 0 <'oJ I-' . 0 (.~ G.Cf W LU 0. > a': U)O m ,() \...') u_ 0 "- ' .-() r.,.-.;? " I iIi:5 G: , ..,' "-, i7.i en u, r , T iI , . -SHERIFF'S OFFICE ~",,\I/ a '" SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PlAINTlFF/SI 50 NORTH OUKE STREET, P,O, BOX 83480, LANCASTER, PENNSYLVANIA 17806-3480 . (717) 299,8200 PLEASE TYPE OR PRINT LEGIB~y',,\ t:l DO NOT DETACH ANY COPIES. '~'''tk ~ 2 COURT NUMBER Ste hen J. Ho et a1 3 OEFENOANT/SI Sears Sears Windows, et a1 SERVE { 5 NAME OF INDlVIOUAl. COMPANY, CORPORATION. ETC. TO BE SEINED ~ Chris Winey ..".. 6. ADDRESS (Street or Rrc. Apar1menl No., CltV, Boro, Twp, Slale and ZIP COde) AT 20]4 Pennwik Rd., Lancaster, PA 17601 7, INDICATE UNUSUAL SERVICE, ~EPUTIZE DOTHER Cumberlaod Now, ,1l1np 14 - lqgq19 ,I, SHERIFF OF ~COUNTY, PA" d LaReas tor County 10 execute Ihl to law, This deputation being made at tha ,equasl and risk 01 Ihe plalntlll, 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION "HAT WILL ASSIST IN EXPEDITING SERVICE; 99-2424 Civil 4 TYPE OF WRlT OR COMPLAINT Com 1aint i .' NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN _ Any deputy sheriff levying upon or allachlng My property under within writ may leave samo without a watchman, in custody 01 whomever is found In possession, aller notilylng person 01 levy or aUachmen!, without liability on lhe part of such deputy or the sherillto any plalnldl herein for any I , destruction or removat 01 any such Ptoperty before sherill's sale thereof. 9. SIGNATURE o. ATTORNEY or olher ORIGINATOR 10. TELEPHONE NUMBER 1" DATE Stephen J. Hogg 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This .re. 19 S. HANOVER ST., SUITE 101, CARLISLE, PA 17013 717-245-2698 6/14/99 It be completed I' nollee II 10 b, mall'd) 13.lacknowledge receipt ollhe writ t orcomplaintaslndicaled above. r SPACE BELOW FOR USE OF SHERIFF ONLY NAME of Authorized Leso Depuly or Clerk J MORRIS 295 3609 DO NOT WRITE BELOW THIS LINE 14. Date Received 15 6-16-99 14 1999 16.1 heleby CERTIFY and RETURN that I 0 have personally served, 0 have legal evidence 01 service as shown in "Remarks", 0 have eKecuted as shown in "Remarks",the writ ortomptaint described on (he mdlvldual, company, corpotallon, elc" at the address Shown aboveoron (he IndiVIdual, company, cor- POt lion, elc., al the address Inserted below by handing a TRUE and ATTESTED COPY therool I hereby cenify and return a NOT FOUND because I am unable 10 locale (he Individual, me and IIUo 01 indiVidual served (if nOl shown above) (RelAtIonship 10 DOlendanl) 17 1 company, corporation, elc" named above. (See remarks belowl 19, A p.r,onOI IUIllblelgelnClCl1lCte"on Illenr'I'd,ng, in IlledefenCllnl'lulull pile. ollbod"n 21. Dale 01 SelVlce 22, Time AM PM EST fOST 20, AddtUlol where served (complete only il ddletenlttlan stlO<Nn above) (Slreel olRFO,Apartment NO"Cily,Boto. Twp St.le and ZIP Codel 23. AnEMPTS Mn" aep. Int. S- JsF Dep,lnl:. 2", Advance Co.t. OIT DUE 0 REFUND /.'fn c.k4l= 11 S~1 I JSj'J9 R103195 100.00 30.50 30RE...RKS. ~...... ~~ /'4-f tj/ #,fr'--~;<<-I-4'T S,T.A, -,II "h...."'~.' ~ ,f-<-L "'~'4'.,4r _ J".d.R:cr ~~ r / / 'ry..t h.-.!" 31 3< P,olllonOl r, MY COMMI SION [)',PIRES 38 I ACKNOWt.rCGf. RECEIPT OF lH( .SHERlrF'S RETURN SIGNATURE t I J9 ol'_e ~ec.e...., OF AUTHORIZED ISSUING AU'!!.CJHll'l'~D T1ll_[__ t L- . '~'I..fll" I'll UL 9)f'llrI'~ 0",((. "., . . , " '. 0 0 '" N i-' ~ fb~ .~. ~ cO: ~' '( CO 0.. v{5 0 \0 ft. lLJ :;", -0 0: CC:z => ili:s ...., 0'\ 0'\ " --' .- -'.SHERIFF'S 'OFFiCE .'; ." so NORTH DUKE STREET, P,O, BOX 83480, LANCASTE~, PENNSYLVANIA 17608.3480 . (717) 299,8200 *.. SHERIFF SERVICE ., PLEASE TYPE OR PRINT LEGISL V;' it ~6CESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. ;: I. PlAINTIFF/SI 2 COURT NUMBER ..~, J "'./ R ""II" "" H Yl . 'r ~ ~te hen J. Hn et 01 3. DEFENDANT/SI ~ _/Y ") Sears, Sears Wi ndowS"f-i...-r aJ $ERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC, TO BE SERVED Chris ~iney .. 6. ~DORESS (S"eel 0' RFO, Apanmo" No" CUy, Bo'o, Twp,. 5'0'" B,d ZIP Codel AT /0"14 Pt=>nn\\:;k Rd.. Li'lnrBster, PA 17601 7. INDICATE UNUSUAL SERVICE: OPEPUTIZE OOTHER Cumber land Now, ,'''np 1 d 1 qqg 19 , I, SHERIFF OF l!ANOA'STEItCOUNTY, PA" do hereby deputize the Sheriff 01 Lrfl ~ 't~11 "'d.l. , , d . , COU~lbY ,to execut~ this Writ and !",!k~,r~turn ther~ol according to aw. ,,5 eputatlon bemg ma e at the, equest and rls. f the plaintiff,' . '. SH[Alfror LANCASTfACOIlNIY 8. SPECIAL INSTRUCTIONS OR OTHER INFOHMATIOH THAT WilL ASSIST IN EXPEDITING SERVICE: 99-2424 Civi] 4 TYPE or- WRlT OR COMPLAINT Cum Ji a j n t >: H Z to >< /( / , . , ! II , ! ,,./' ; NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheri" levying upon or allaching allY propeny under within writ may leave same without a walch man, in custOdy 01 whomever is found in possession, alter notllving person ollevy or attachment, wllhoulliabilily on the part 01 such deputy or the sheriff 10 any plainlill herein lor any I . destruction or removal 01 any such property belare sheril!'s sale therear, 9. SIGNATURE 01 ATTORNEY or other ORiGINATOR 10. TELEPHONE NUMBER 1 I. DATE Stephen :1. HogCJ R~O k~ IV 12. SEND NOTice OF SERVICE COPY TO N1.UE ANO ADDRESS BELOW: ST., SUITE 101, CARLISLE, Ph 17013 71 )-24:-.-)698 6/14/99 st be completed If notice Is to be ,tnalled) 13.1 acknowledge receipt ollhewril f or complarnt as mdlcated above. SPACE BELOW FOR USE OF SHERIFF ONLY NAME or AUlhorized LeSO Deputy or Clerk J MORRIS 295 3609 DO NOT WRITE BELOW THIS LINE , 4, Date Received , 5. Expiration/Hearing dale 6-16-99 17 I 16. I hereby CERTIFY and RETURN that I 0 h,ave personallV served. 0 have legal eVIdence 01 service as shown in "Remarks~. [J hs\'e execuled as Shown in "Remarks~.the writ Of complaint deSCribed on the IndIVidual, company, corporation, etc" dt the address shown above or on the lndivldua~bmpanv.cor. poration. elc., atlhe address inser1ed below by handing a TRUE and ATTESTED COPY theraor. / ..._:_._~_, I hereby certilv and return a NOT FOUND be~ause I ~m unable to tocate the rndividual, comp~ny, corporation, elc" named ,allova. (See remarks below) me and lille 01 individual served (il not shqwn abov~nAelationship to pelendant) 19, A person 01 suilt.bleage and dlSCIl!llon . <,~ ' ~.. . ~ . Ihen relid.ng. In tha dofend,nr, USUII ptaceolabode,[J 21. Date 01 Service 22, Time A" ~~T EOST 20. Address 01 where served (complete only if dillerenllhan shown abovel {Slreet or RFO,Apartmenl NO"CitV,Bor.:l, Twp, State and Zip COdel 23. AnEMPTS MU.. S- 24. Advance Costs Rl03195 100,00 30.50 30, REMARKS, / I~ -/ .7' ~- ~''''Ilr ., {,a....s. /1-1/ f ,{h'" ,~"/'-,/ , ;.;..t> '" ~-' .. I '/ - ~ 1. . 5...., -n:4L/'z:.~. '~",vt:",..~,-./ "j4' A < ,,_ ,'~ "v"'" J :.'" .~:rt.l$:Jt!.~ .., ~-_ I ./ --;" '/ ~ .,~.," ~ ~ 'i-....' , ..1/{..../.\ ..." .'(I,-,r0'~}/ ! V ~ j'VC'., r'~(.~~ ._ v i1.~iFiR';O an~ -~s::~ to:belor~ me IhiSJ... \_~ . .., . ' " (/ i,. ';'V.'OI . 1 '. . ( I 3~ I ~. ro'hO"ollf~1 l'.i$!' MY COMMLSStON EXPIRES ?' 38, I ACKNOWLEDGE REceIPT OF THE SHERIFF'S RETURN SIGNATURE I OF AUTHORIZED ISSUING AUTHORITY AN[)'ITlE, . 1. WHrre . ISluing Authonty 2, PINK. Anomey 3, CANARY. Sheriff'to OffiCe 4. BLUE. Shenffs Office c:.l dJ;: n 7Jt 1 / .. '7//Eje}<j " .. fA COUNTY 39 Ol'f! RetD'v." 1n The'Court of Common Pleas of Cumberland County, Pennsyivania Stephen J. Hogg, et. al. VS. Sears, e t. al. Serve: Stan Norris No. 99-2424 Civil 19_ Now, 5/11/99 Dauphin 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sberlffof County to execute tbis Writ, this deputation being made at the request and risk oftbe Plaintiff. ~~~t Sheriff of Cumberland County, Po. Affidavit of Service Now, within upon at by handing to attested copy ofthe original the contents thereof. 19 ,at o'clock M, served the a true and and made known to So answers, Sheriff of County, Pa. COSTS . Sworn aod subscribed befnre me this day of 19_ SERVICE MILEAGE AFFIDAVIT s s DATE RECEIVED DATE PROCESSED '. SHERIFF'S DEPARTMENT ADAMS COUNTY. PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 INSTRUCTIONS: See "INSTRUCr:ONS FOR SERVICE OF PROCESS BV SHERIFF SERVICE THE SHERIFF" on the reverse of the lasl (No.6) copy of tttl, form. PlellH PROCESS RECEIPT land AFFIDAVIT OF RETURN 'ype or pr'nllog'bly. In,uring rood'blllly 01 ," COP'", ~ Do nol detach any copies. AC8D ENY,I " PLAINTIFF/Sf STEPHEN J. HOGG ESQUIRE EXEClJI'OR OF THE ESTATE OF 2, COURT NUMBER DELORES M. BOWRiNG DECEAsED 99-2424 Civil 3, DEFENDANT/Sf SEARS, SEARS WINDO\,S, SEARS SIDING, AMERICAN 4, TYPE OF WRIT OR COMPLAINT: IMPROVEMENT PRODUCTS INC. CHRIS WINEY JOHN PALMER and STAN N RRIS Com laintin Civil Action 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVice OR DESCRIPTION OF PROPERTY TO BE lEVIED, ATTACHED OR SOLD. SERVE . John Palmer AT e. ADDRESS (Street or RFO. Apar1ment No" Oily, Boro, Twp., Slate and ZIP CODe) 345 ~fuin Street, McSherrystown, PA 7. INDICATE UNUSUAL SERVICE: 0 PEASONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CEAT. MAIL 0 REGISTERED MAIL 0 POSTED 0 OTHER NDW, 19 , I, SHERIFF OF ADAMS COUNTY, PA., do hBreby deputize the Sheriff of County to execute this Writ and make return therof according tD law, This deputatlDn bBlng made at the requBst and risk of the plaintiff, SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPl..ICABlE ON WRIT OF EXECUTION; N,S. WAIVER OF WATCHMAN-Any deputy sherifllevylng upon or allachlng any properly under within writ may leave same without a watchman, In custody 01 whomever Is found in possession, after notifying person 01 levy or attachment, wlthoulliablllty on Ihe part 01 SuCh deputy or the sheriff to any plaintiff herein for any Iou, destrucllon or removal of any such property before sheriit's sale thereof. 9. SIGNATURE of ATTORNEY or olher ORIGINATOR requesUng service on behalf 01: Ili PLAINT'FF Stephen J. Hogg, Esq. ::J OEFENDANT PA E BELOW FOR USE OF SHERIFF ONLY 12. I acknowledge receipt 01 the writ SIGNATURE of Authorized ACSO Deputy or Clerk and Title or complaint as Indicated above. 10. TELEPHONE NUMBER 11. DATE (717) 245-2698 DO N T WRITE BEL W THI , 3, Date Recelvltd LINE 14, Expiration I Hearing date 15, I hereby CERTIFY and RETURN that I 0 have personally served, 0 have served person In charge, 0 have legal evidence 01 service as shown In "Remarks" (on reverse) o have posttd Ihe above described property with the writ or complalnl described on Ihe Individual, company, corporallon, etc" 811he address shown above or on the Indlvlclual, company. corporation, elc" at the address Insertod below by handing/or Posting a TRUE and ATTESTED COPY therol. 18. I hereb~ certify and return a NOT FOUND because I am unable 10 locale Ihe IndivIdual, company, corporation. elc., named above. (See remarks below) 17. Name and tllle 01 IndivIdual served lB. A penon ollultable Igllnd dllCf1llilln Read Order ~~t:F~~:ga de/endlnt'l uaual 0 19, Addrea 01 where..rwd (complete only If dilferent than shown above) (Street or RFO, Apartment No" CIty, Boro, Twp" 20. Dlte 01 Serv~ce 21, Time State and ZiP CODE) RaWUCS: The defendant has moved and left no forwarding address with the post office. 22, ATTEMPTS Dep.lnl, D.te Mlle. Dep.lnt. o.p,lnt. 23, Advance Cost. 24, 25. $75.00 f\n. Sher" ff #24648 AFFIRMED and """"""""0 bot,.. me '.11 _-1il.A Olio day 01 19 James Ptoltlonowy~lNolaryPub4iC Signature of SMrIff RAyt.[)ND W. N' ' SHERIFF Of ADAMS COUNTY Date MY COMMISStON EXPIRES I ACKNOWLEDGE RECEIPT OF TliE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TlTLE. 39, O.le Recelvtd ; . __.J. k~;.SHERIFF'S DEPARTMENT . \, ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 . . INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on tho reverse of the losl (No.5) copy ollhla form. Ploaao PROCESS REC, .E..IP.,IT",I. B,.,n.".. ci AFFIDAVIT OF RETURN I,po or prlnll'llIOI" In.urlng r..d,OIllI, 01 ,II copl.., \ L.. .' 00 nol detach any copies. ACSD ENV,' 1.PLAINTIFF/SI '.'1'....;.. I' 'J' "'l"";' i'~.1 'if-:.... j...~..i.('l!-V'., '-,',' 'J'I.I,' ,',':J./',T; ,'S 2.COUATNUMBEA .) 1.111..... . l, .'u", .......,. .d.) . .,._,._<1.)" 1"4 . A. U~'l;J~\J.S I:. I.>J,,'j(I.:;~, ~~'i:l.'lJ\~)J'i.1 (,'()-~:/I.~!1 Civi 1 3. DEFENDANT/SI SJ..!\;:~;":V ."_.l'/\;:~) I,; !:"!.~'_,:-.:..' ~ :-::~'.'\;'::", ::. L::j ';:" "':'~~::"'.' t ',',/; ',1'. 4. TYPE OF WRIT OR COMPLAINT: HjPt:DVl:1-jr.i~'f Pl'~()l)UC.(::'. L:C.. Cj:;P.,~: ','/11'L"\'. YO,,:::; i:'.\L::J.';':' [)iKi :'~J.":\;; q.;i'~l::; (',o:,HOlltllnt1n Civii AcliOll 5, NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC" TO SERVICE OR DESCRIPTION OF PAOPERTY TO BE LEVIED, ATTACHED OR SOLD. SERVE . AT John PaLnel: e. ADDRESS (Slroot or RFD, Apartment No., City, Boro, Twp., Slate and ZIP CODE) . ..-~:)!tJ ;.f,:.d n ;":.;t fee t, ;'ic.;~;-h~.tTy~~I.(i;"'(!) r'.\ 7. INDICATE UNUSUAL SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAllO REGISTEAED MAIL 0 POSTEO 0 OTHER Now, 19 ' . I, SHERIFF OF ADAMS COUNTY, PA., dD hBrBby deputize the Sheriff Df CDunty tD execute this Writ and make return thero! accDrding to law. This dBputBtlon being made at the request and risk Df the plaintiff. SHERIFF OF A.DAMS COUNTY 8. SPECIAL INSTRUCTIONS OA OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY AftpUCABtEONWRITOFEXECUTION: N.S. WAIVER OF WATCHMAN_Any doputy 5~orJff levying upon or altachlng any proporty under wilhln writ may leave same wlthoul a walchman, In cUSlody 01 whom~lItr,ls found In possession, allarnolifylrg person 01 levy or allachmenl, wilhoulliabllily on the parl 01 ouch depuly or Ihe sharllllo any plalnllff herein lor any loss, destruction or rehlloval 01 any such property bolore sherirl's sale thereol.' j 9. SIGNATURE of ATTORNEY or other ORIGINATOR requosUng service on behalf 01; 10. TELEPHONE NUMBER 11. DATE \ :M PLAINTIFF St<:pllCf1 Jo i:o~:::" :~;:;q. 0 DEFENDANT \ 7.17) ~(:~J-!:'I\>.'_' .:.... ~ ''Ii SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 12, I acknowledge receipt ollhe writ SIGNATURE 01 Aulhorized ACSD Depuly or Clerk and Tille 13. Dale Received 14. Explrallon I Hearing date or complaint as Indlcaled above. 15. I hereby CERTIFY and RETURN thai I 0 have personally served. n have served person In charge, n hallo legal evidence 01 service as shown in "Remark(l" (on rElllerss) o halle posted the above described property wllh the wril or complainl described on lhe Individual, company. corporallon, etc, allhe address shown abolle or on lhe Individual, company, corporallon. ele., allhe address inserled below by handing/or Posllng a TRUE and ATTESTED COPY therol. 16, I hereby certify and return a NOT FOUND because I am unable to locale lhe individuil, company, corporation, elc., named above. (See remarks below) 17, Name and IIUe ollndlllldual served 18. A. perlOn ollllltable all8 and discfetion thenrlll,dlnglnlhedelendant'lulull place cl abode. 0 19. Address 01 where served (complete only II different lhan shown above) (Si,eel or RFO, Apartment No., City, Boro, Twp., Slale and ZIP COD~ REl"lARKS: 100 defend~jnt has movcc; einu lett no tOr\omrding .:xidrc~;s \lith t.ite pos l off i ce. 20. Dale 01 Service 21. Time 22. ATTEMPTS Dep,lnl, Date Mlle. Dep,lnt. ..: Dep.tn'. 23. Advance Costa 24. $75.00 Fia. S!>erj ff _24643 25, " i ';, /', '~':. 0 :. /."i",~' AFFIRMED and ,ubscrlbed to bero~e me Ihl, ., SO ANSWER, :1 . .'. l'!If y /; B~~.~tffl{PIII.;;'~~rP.1 ,.",..,,0. .--; ....(,.'\.- . 4')/. ".. '.? Signature..:of Sheriff. -: '. ~, , :~"J: .t ", 'e : ,~ SH~~F ADAW' C UNTY / :: C...\ ....,.. ..":!'" Dale day of I. " ProlhonoUlry~lNotaryPUblic Dllo " 1"1/(';" MV COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RI!TURN SIGNATUR[ OF AUTHORlZEO ISSUINQ AUTHORITY AND TITLE. ,; " ':'" 39, Oat. Reoetvclcl COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST" YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 1. PLAINTlFF/SJ Steven J. Hogg. 3. DEFENDANT/S! Sears, et. al. SERVE { 5, NAME OF INOIVIOUAL, CO . Chris Winey 6. ADDRESS (STREET OR A WITH BOX NUMBER. APT NO., CI ,BORD. TWP" STATE AND ZIP CODe AT 646 Fishing Creek Road, New Cumberland, PA 17070 7. INDICATE SERVICE: OPEASONAL o PERSON IN CHARGE !XDEPUTIZECU~aod 01STCLASSMAIL ~POSTE~ o OTHER NOW S 111/qq 19 I, SHERIFF O~ COUNTY, PA, do hereby delMlz!1he shermof York COUNTY 10 e.ecule Ih It make retur according to law. This deputation being msde at the requastand risk of the plaintiff. -c. a> 0 "" 8. SPECIAL INSTAUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SeRVI ... 0 C;I _-{::umbejt;!and '7) ~ ,.'~' .c U) -.:.. a'" '(" r;. -c r:-;1::? =:;t: ::<j Esq. Executor for Delores M. 2. COURT NUMBER . TYPE OF WRIT OR COMPLAINT J.vJ. Bowri Notice and Complaint VE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLO. ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF t).' rn u:> u:> "T1 ~ NOTE ONLY APPUCABLE ON WRIT OF EXECUTION; N.B. WAIVER OF WATCHMAN. Any deputy sherilllovying upon or attaching any property under within writ may leave same withoul a watchman, In custody 01 whomever is found In possession. allor notilying person 01 levy or attachment, without liability on Iho part 01 such deputy or the sherillto any plaintiff herein lor any loss. destruction, or removal 01 any property befoto sherill's sale thereof. 9. TYPE NAME AND ADDRESS 01 AnORNEY/ORIGINATOR and SIGNATURE 11. DATE FILED Stephen J. Hogg, Esq. 12. SEND NOTICE OF SERVICE COPY TO NAME AND A This area must be co:lmpleted If notice Is 10 be mailed). Cumberland County Sheriff SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 15. E)(Piralion/~>>* 13. I ackl'lowtedge recoipt oltha writ or complaint as indicated above. B. Feeser RESIDENCE ( l POSTED { ) SHERIFF'S OFF ( ) 5 22/99 OTHER ( l SEE REMARKS 16.HOWSERVED: PERSONAL ( ) POEI , hereby certify ar.d return a NOT FOUND because r am unablo to locale lhe individual. company, corporalion. ele. named above. 1e. NAME AND TITLE OF INDIVIDUAL SERVEn, LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship 10 Defendant) Int. Date i Time Miles' Inl. I I I , . ' -.---'. COUNTY OF YORK OFFICE OFrRE SHERIFF SERVICE CALL-- (717) 771 -960 I 28 EAST MARKET ST" YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2, COURT NUMBER -J ~I - / r ~ V .1 E n\J.,' 1. i~, 4, TYPE OF WRIT OR COMPLAINT 1. PLA1NT1FFISI Stevl~n "1. !Ingq, Esq. Excc'uI:Ul" h,r ..~' 1."[P5 !V: 3. DEFENDANT/51 S(~a rs , ..,. l ..t. "1 . t-1'-'L"; "0 ~"l.l '."Y"pl 'ljnl' . 5. .NA~~ 0; INDIVIDUAL, CO~PANY, CORPORATION, ETC, TO S~RVE'ClA DESCRIPTION OF P;~PE-R~Y TO'a~ ~:VI;~. ~~A~~ED, O~ SOLO. Chri s Wirwy 'L.ll"~' '-/ \ IUJ':-",__ ! 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORO. TWP., STATE AND ZIP CODE 64() Fishing Crpck Hoad. ['Jew CllmherJnncl, Pf\ 17070 SERVE . AT 7. INDICATE SERVICE: 0 PERSONAL a PERSON IN CHARGE :0 DEPUTIZlf: 11m tacC~:'R ,iMAj~ a 1 ST CLASS MAIL _ _,.0 POSTED 0 OTHER NOW') 111/ q 9 19 _I, SHERIFF afl ~pAK COUNTY, PA, do hereby deputlu,the sherff! of Yo ,'k COUNTYlo execute this Wrllend make return thereof according to law. Thla deputation baing msde at the request snd risk of the plaintiff. '-'0 - fiHrlllFF 01 YOAK COUNTY 8. SPECIAL INSTRucnONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumbe;'-:l and .J' u' ADVI\NCE I'!,g I'D BY CUMBERl.ANIJ COUNTY SIli:~HIFI" t_ ~, c NOTE ONLY APPUCABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheril1levying upon or attaching any property under wilhin writ may leave same withoul a walchman, In custody 01 whomever is lound In possession, alter notifying person 01 levy or attachment, without liability on tho part 01 such deputy or the sheriff to any plaintiff herein for any lon, de,struction, or removal 01 any property before sharilf's sale the real. 9. TYPE NAME AND ADDRESS 01 AnORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Stephen J. Hog'], E.:~q. , q ~ lI,::mnv,p1'" C:"n~~'" c:t-.<:> 101 (";,rl' ~ n I)) . . ).11:;',_') Q~ 12. SEND NonCE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This arell must be completed II noUce Is 10 be mlllled~. CumberJim:l County Sheriff --...~- SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE SIGNATURE OF AUTHORIZED CLERK 14. Dale Received 15. Expir~iri:O<DatO 13. I acknowledge receipt ollhe writ or complaint as indicated above. B. Fe':=scr 5/13/99 16.HOW SERVED: PERSONAL ( ) RESIDENCE ( ) POSTED ( ) POE ( SHERIFF'S OFF ( ) 1iaCi I herebycertily and relum a NOT FOUND because I am unable 10 locale the individual, company, corporalion, ele, named above. , 8. NAME AND TITLE OF INDIV~UAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relatlonnhlp 10 Delendlnt) 5/22/99 OTHER ( I SEE REMARKS 'I....... 21. AlTEMPTS Dlte i Time I Mil.. I , ~ '. .:' ~ , I " '':''.;-\, .1. ; .. . .. --.--- COUNTY OF YORK OFFICE OF1'"-RE SHERIFF SERVICE CALC:"'; (717) 771-9601 28 EAST MARKET ST" YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12. DO NOT DETACH ANY COPIES. 1, PLAINTIFF/SI Steven .J. lIo9Q, Esq. 3, DEFENDANTIS! Sean;, ct. ,p1. N\l:i(~p flnd Compldjnt SERVE 5. NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD, . Chr.is ~:l.lley L 6. ADDRESS (STREET OR RFD WITH BOX NUMBER. APT NO.. CITY, eORO. MP.. STr\TE AND lIP CODE AT 646 Fishing CrN,k 1<'1<10. N"w Cllmb"rldnd, I'll 17070 7. INDICATE SERVICE: lJ PERSONAL lJ PERSON IN CHARGE /j DEPUTIZE urntilJB:iT. M.i.l(\ lJ 1ST CLASS MAIL ._.__OPOSTED-- a OTHER NOW ~,/ll/99, 19 _I, SHERIFFOI?'~COUNTY, PA,do herebydeputlzb.the sheriff 01 Yo r k COUNTYro execute this Writ and make return the[Qof according to law. This deputation being made at the requesl end risk 01 the plaintiff. C,c' SHrnlfF or YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Exe<"utor fin" n0_t:;n-~s M. 2. COURT NUMBER - .-. .' 8 nw r: i. n , . TYPE OF WRIT OR COMPLAINT ~v lJ Cumbe-r-l ilnd .- , ADVANCE FEE PD BY CU~lBERLAND COUNTY SHERIFF ,. t, NOTE ONLY APPLICABLE ON WRIT OF EXECUTlON: N.B, WAIVER OF WATCHMAN - Any deputy sheriff 10'l)'iog upon or allaching any property under within writ may leave same without a watchman, In cuslody of whomever is found in possession. aller notilylng person 01 levy or aUachmanl, wilhoulliabilily on Iho part 01 such deputy or the sherilt 10 any plalnlltl herein for any loss, destruction, or removal 01 any property belora sheriff's sale Ihereof. _ e, TYPE NAME AND ADDRESS 01 ATTORNEY/DRIGINATOR and SIGNATURE J '0, TELEPHONE NUMBER Stephen J. Hogg, Esq. 19 S. Hanover Str""t St'" ]01. CarlislQ. PA 17013 717-74~-269R 12. SEND NonCE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (Thia area mUlt be completed If notice I, to be mailed). I'" DATE FILED 4/22/99 CUmberland County Sheriff -.,..... SPACE BELOW FOR USE OF THE SHERIFF ONLY. DO NOT WRITE BELOW TH,~ LINE 13.1 acknowledge receipt 01 the writ SIGNATURE OF AUTH lZED ERr. 14, Dalo Received 15. Expirafu;! o'complalnlaslndlcal'dabovo. I3. Feeser 5/13/99 5/22/99 16,HOWSERVEO: PERSONAL ( ) RESIDENCE ( ) POSTED ( POE( ) SHEAIFF'SOFF( ) OTHER ( ) SEE REMARKS 1-D1fl hereby certify and return a NOT FOUND because I am unable to locale the individual, company. corporation, elc, named above. 1 B. NAME AND mLE OF INDIVIQUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relallon5hlp 10 Dfllendant) .I , ,..... 22, REMARKS: L: '\ , 4- ~ . ir' .. r'. e;,)).j}t''.JLjij R,I 47.04le j / 48.0ale 5/19/99 4g,Dale Exhibit C, dated January 29, 1998, added soffits, fascia and gutters for an additional $3,489. 12, The third contract dated February 21, 1998, Is attached hereto as Exhibit 0, and was for more siding on the side of the trailer for $7,977. 13. Delores M, Bowring paid the Defendant Sears or its authorized finance agency, The Money Store, a total of $23,793.90 in four checks, attached hereto as Exhibit E, between January 13, 1998 and September 12, 1998 on these contracts. 14. Argennt Company is a reputable home improvement company which has been operating in the Cumberland County area for 15 years. Argennt Company reviewed the materials and work performed by Sears and its subentities and, based on the estimate attached hereto as Exhibit F, estimates the value of the improvements to be no more than $13,525 and closer to $10,000. 15. Plaintiff alleges that Defendants jointly and severely violated the Unfair Trade Practices and Consumer Protection Law by charging Delores M. Bowring an excessive fee for its services because each of the contracts and the addendum do not make clear in plain language that the charges are substantially higher than other reputable contractors would charge for the same LAWOFFlCE8 OF l1!PBEN J. HOGG 9 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 work and the contracts and addendum caused confusion and 3 misunderstanding on the part of Delores Bowring which is , defined as an unfair method of competition or unfair or , : , , i; " < ,~ " deceptive act or trade practice under ~201-2 of the Unfair Trade Practices and Consumer Protection Law. Wherefore, Plaintiff demands return of all amounts to the Estate of Delores M. Bowring which Delores M, Bowring paid in excess of the $10,000 average cost or $13,792.90 which may be trebled at the discretion of the Court. Plaintiff also demands costs, interest and attorney fees. COUNT II 16. Paragraphs 1-16 inclusive are incorporated herein as if fully set forth. 17. Defendants Palmer, Winey and Norris fraudulently represented that the cost for the home repairs was reasonable and competitive with other contractors in the area, 18. Defendants Palmer, Winey and Norris knew or should have known that their representations were false, 19, Defendants Palmer, Winey and Norris made the representations to induce Delores M. Bowring to enter into the contracts for services. 20, Delores M. Bowring relied on the representations in signing the contracts, 4 Exhibit B ,,-//" 707~ l,tS(,tLJ-/Y)5 We:<. 5-3/59 ( ~l~ "'Ial~ SIDING ~"40 lilll.' Hu"~.llull'IUI ' , QI/S. '1/f'll\91 lAuch.ule.bulU I'A 1(:11111 iOLO F~jINISHGO& INSTAI.LED . I 0 IV AMERICAN HOME IMPROVEMENT PROOUCI'S.INC, 1. (711) UUHUllU ? 7/,-7 77t.P \ SEARS AutHORizeD CONTRACTOR ',I (II ,WB DeLIJR e.3, I?tJt(//?/)/<;/_ Phlall (17/;-) '7lzZp 1Bleby Bmploy American Hom\' Improvement Produ'l;!, Ino" A Seors aulhorized "conlrnclor", hernlnaller relerred 10 as .' ConlraclDr", 10 !utnish labor and malerials necessary 10 pe/form Iho work 111lreinarlor setlorlh on the promises ollhe ownor localed 81: :;Ireet I 1I/{c.h Rei Clly jJ)utJ///L,&, SIale !?A-z\p)7 :;'1.// CONT CTOR TO FURNISH ALL LABOn~ND i'\TERIAL NECESSARY TO CUSTOM II/STALL THEiorroWING EXTERIOR HOME REMODELING PRODUCTS: SIDING PREMIUM PACKAGE 13 . Premium doublB" 5" pBnel --' /leRe.iT.f' 3/0' backer bDa,d 4" outside corner post3 ALL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOLDING, o~clusive 4-woy window "eo lor syslem, oalvenizBd steel slortBr strip. Siding 10 be installed 10 Ihe IDllowino aroos: _q,t)()~~,: ,,,,~~:{0~)- ~. :~Y-J:~ ~J4LJ5~-"J2.. .il".L(~LQ;JLg (\J b ] i.ll \1 _ (l t>-- Iy" 0 :s __ IV,~ ~-j., 'U:,B,. 0 ;r-:-:-I.-J>- ~ tJ 1-)1t:.A. '.L/CJR,Jc, ~a Y- -3-1Ylutk)(JvtiJi/f~ Also 10 Include following optionelleatures: OJ, /) tJ U::Ie.. , Yes ND/ Yes No Full coverage windows _ Quantity D o.r" /" New Shutlers (ND. pair _l D iiY'" Full coverage doors Quantity 0 17.1~' New louver venls _ Ouantlly D Gl-/ . Full covoragB garage dODIS D sr::.-' Removo B~lslino siding 0 [J!- Cap sills only Quantity D Jd' Firring D B-" Porch railings D 0"' . Enclosure Inside wall 0 QY" o PREMIUM SOFFIT AND FASCIA SYSTEM To Include all nBcessBry channels molding. 4 10 1 venled ponal ratio, vinyl solli! panels, ",,,ooth aluminum coil, Sollll & Fascia 10 be Installed tD Ihe following areas: Color ID be; Also tD Include Ihe following optional feBlures: DYes ~o....-- . Porch bo~ 3.wey w,ap L'l' . :_Po~'.'.Ell.~ngs.. ..0. ~...... New gullers !:!e.w_dDwnsp~u.ls Yes D o No IB""": ff'""'"~_ /v---" 7a~ (,tStli.!-/Y)S ~ 5-3159 { , ~I~ 'ltF.Jl~ t IDING 4~40 kill.' HUII<l,llullllUI . ~~L.;~~~ & ~~9TAI.LED tAloll'"I~.buru.1'A 16UIi 0 IV AMeRICAN HOME IMPROVEMENT PROOUCTS. INC. '"1 (rl/l tiUHllll0 ., 7~-7 77& \ SEARS AUTI-IOR1ZED CONTRACTOR 1/1,'- .We [)e,./..()R e.S I /ft:Jt(//?,",J./9_ Phi/,;'tt (17,(,-) 717 7~ lBrBby employ Amoricon Homo Improvemenl Produllol. Inc" A 5Bars atJlhorized "coni roc lor", herelnaller reforred 10 as " ConlracIDr'.ID furnish labDr and male rials necessary 10 porform Iho work 111lroinarler sellorlh on lhe premises ollhe ownor located al: ,Iroot <'1/ .I5RlcJ) chb'Rch Rei CllyJ/Jf..,{l/V/Lle/-slale 9L.zIP /7:J-I/L CONTifJ(CTOA TO FURNISH ALL LAI30n~ND ATERIAL NECESSARY TO CUSTOM II~STALL THEl-orrOWING EXTERIOR HOME ~EMODELlNG PRODUCTS: SIDING PREMIUM PACKAGE 8 . PrBmlllm dDUblo ,,5" panBI ..... !/eRe,.1J::I' 3/0. backer bOBrd 4" oulslde corner posls ALL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOLDING. Dxcl1l31ve 4owoy window scalar system, oalvanlzed BIBBI ~lartor slrlp. Siding tD be Inslallod 10 tho followinO oroos: I _g,tJvt.R ,{~V-./ ~fl=~ ~C1cJL&J(. 5.11J~<;'-Q;JL@ f\ J /) ] tA ~ e..12}.t: IV 0 LJ J - /V <"l -r;1-,Iil-1.t13. 0 ./11.12. lJ,.'f-)1 e/C 'U./cJ ~)C- 'f.'4afJ 3 IA/lJ.J/~~vfiJJifr Also to Include following oplional fBatures:. /J a tJ se. , Yes t~o/ Yos No Full coverage windows _ auanllly D o.r- /. Now Shllllers (No. polr _l 0 fiF/ Full coverage dODrs Quanlily D 17.l~' New IDuver venls _ Quantlly 0 ~ . Full covoraoe gBrage doors 0 ~. Removo Bxlslino siding 0 [q"" _ Cap sills only Quantity D Jd" Firring 0 B-"'" Porch railings D 0" . Enclosure Inside well 0 CB-" o PREMIUM SOFFIT AND FASCIA SYSTEM To Include all necessBry channels molding. 4 10 1 vonled panol /Olio, vinyl soffil panels, W1100lto aluminum ooil. Soffit & Fascia ID be Installed to Ihe following areas: Color ID ba;_. Also to includB the rDllowlng optionat reBlures: DYes !:!.~ . Porch box 30way w,ap L'f . . Poroh coillngs 0 @/ Fascia 0 ~ WBrtanly avoi/Bblo upon request. New gutlors . New downspDuls R & R gullers/downspouts Yes o II ,0 No ~ ra-- Additionel work to be dona o Clean up & haul away a~cJ>-reloled 11:rls(<. Work NollD bo done / IJ " e o lUdR..k NO WORK WILL BE CONSIDERED UNLESS IIEREIN SPECIFIEll. NO VERBAL AGHEEMENT RECOQ/lIZED This ImnsDcllan shall bo subleCllo aeeoplance by Controclor, In Iho ovent ollluye,'. lallure 10 occopl delivery of ooads or perfo,mBnao of sorvices eovDrod hersln. rho Conlraclor sholl bo enUllod to and Buyer noro(J(j to psy forlhwith. fa,luro nornagus in an amount oquol1o Ihe cosl alteady incurred, If any, In Ihe "vBollllo p,oducl hos boon mAnuloctuled or 'pUlclla&ed wllh 0 10.IDCluoO Ice ponally. COO"oCIO' ."ell nal bo lIobla for delays coused by 6lrikos. wea1her condHlans, dolay j('l obtslnlng rnolorials and othor CilUSd beyonclll~ control. The ot,liro underSland. ing and noroomool betwoon Ihe parlles aro conlalnad /loroin. Any exlro work nOI'peClfiod in 1"0 ao'oamDnl is 10 be poid lor by Ihe Buyer 00 a Illbor plus m3terla', basIc In BccordohCO wIth accoptod Conlraclor policlos. If any work iihall be performod by the ConlrOC1Clr pursuant to wriUsn aulhorlzellon eloned by Iho Buy.r or Buyars. II,. price for ouch WOr\( Iholl bo added 10 Iho pI leu .el 'onh horoin, CONTIIACT PHICE DOWN I'AVMI!NT UALANC~ DUI;: To be fInanced ~Sh upoo complolion 0 In witnsss whoroo' Ihu lliJ~ hos onlor6d lnf~16Ir{J"6aClion lhls 01 .....J /A/ 19 -9- ~L-, dny You lh. Uuvor mQ~ c.mc:o. 'hilt tr.n.oGllan 81 BUV IIn10 ,Irlur to IIIidnlt1ht on the third bUlllno.u daV uUllr thQ dote of Ihh Ir.n...elloll. ti.. Iho 4110oh..d nolle. 01 ouncollallon lorm lor on .."llnollon 01 Ihl. rluhl. xd)...4r,... -m fb..&t,~ X. , Accepted by Contraclor this _ . , dEW of _ V American Homlllmprovemenl Products. Inc, by ~1411J ~~ r ....11.. Conw&ttOf"~)' V.II... .....tI\...,.. copy ..... ....,.,&.011. copy 19 '7 K'" Exhibit C " ,i , l . " .,' ", .. ADDENDUM TO CONTRACT NO. S'~0/5q ) BY ~ND BEJWEEN l~Americafi l-o>.q.:.CJjj" Cn~ ~3q1.D47 74SS' +-3Ll'1' AMERICAN HOME IMPROVEMENT PRODUCTS, INC, AND f)e'ht.> 1-<. (.):\ 86lJ.J~; ,{) fJ 1. At the request of the Buyers, and on the basis Df the unde!.6tandlnl)~c~t forth lJdow, Amerl~ar_H~ e ImprDvement Products, Inc. hereby agrees tD amend ContrBct No. r5:I3J;i:J J t!et~d J ~ .:> -) n the following perticulars: t>':': 0 (} ~ ,{) :.J-JtJt"f.1.eIhS l',~('~- FP-.D/Yl :52b.!1 :;I-LLZ9'L'fS fj/:J/f)/',v-/9 s.JF A.uJ' 8~()'/--re,~~ pf)~meAA- ~tc.) .(3'e 9'~aE- 2. This Addendum is not IntBndBd tD, Bnd does nol, elfectlhe cU6tomer's right tD rescind or cancalthB original contract, which right Is extinguished by thB passage of time efter Midnight olthu third full business day following the date of said contract. 3, Ills further understoDd by and betweBn the partlas that the specific'amendmanls or chBnges spBclflBd herein ShDII not supercede IhB orlglnBI contrBc: unlil after Midnight on the third full business day following the date herBal. 4. 1\ is further understood Bnd ag,eed by and between \he parties 1I1at pursuant 10 ~ 226.903 of thB Truth In Lending Interpretations 01 Regulation Z. and IDr purposes of all related statB statutes allt! Federal Trada Commission Rules, with regard tD \he customer's rlghl to rescind or cancel any transaction wilhln th,ee full business days, this AddBndum Is a separate transacllon from the original comract, 5. Ills further understood and agreed by and between the perties lhatthe following no lice of cancellation shall be effective only to this Addendum cnd In no way effects IliB origin.1 conlracl which sflall remain In full force and affect. 'YOU, THE BUYER, MA Y CANCEL THIS TRANSACT/ON AT ANY TIME PRlon TO MIDNIGHT ON THE THIRD FULL BUSINESS DA Y AFTER WE DA TE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLA TION FORM FOR AN EXPLANA TION OF THIS RIGH r. . 6, All of the provisiDns contained In tho o,lginal contract daled which ara not Inconsistent wilh thB provisions hereof are Incorporeled herein and made a pa'rt h6leof by' reference thereto as if the same were lully setforth herein, Any conflict be.twBon IhB terms of tha original contrBc1 Bnd this Addendum shall be resDlved in favor of this Addendum as 01 the eHacllve dBla hereolsotforth In Paragraph 3 above, 7. CustomBrs who hBve Brranged fDr credit through AmBrlcBn HDme ImprDvement PrDduc1s, Inc" which shall bB altered in amount or In eny other porticular by this AddBndum, ShDUld cOnGull the dlsclosurB stalement accompanying this Addendum wllh reoard to thB epplicable di9closures and nolico of right 01 rescls610n. BUYERS: 91Jl"""'/.\/'YL@ Q'f'U), r71~ AtIt'.OHO Ins 531i:lS II ~'IlI~ I,JI:WE :6(\ 86. 0€ I,Jl;tC , " I: ' . ." ,. 7a!,~ ,/.sy</ - ms pe/)~ ,<:.-,-q/&30 SEARS'SIDING "lno n1lt(,noAd, 8.1t1107 SOLO. FUnNloHEO & INoTA ED M,ch,nl.lburg, PA \7055 DV AMEAIQJ.I'I HOME IMPnc';bEMENT pnODI/CT.. INe, (717) U1-8014 A SttAAS Aun'.onIZI!O CON"fAACrOA . I,Wa OeL()Re.5 ~vJ\i.ALg,,_ Phonad{z;...z/l27.U.22...L horeby omploy Amorleon Homo Improv8",o/l1 Proullol(Jno" A Sonr. O'''"DII,ou-c:o/ll,oelo,', h.~~1If1~~forr8d 10 0.' Conl,aelo,' 10 furnish lobar ond malollals nooossary 10 parlorm Iho wo,k ho,elnnUar '01 lorlh on Iho proml,.. ollh. ownsr 100BIOd 01: ' Slrael. '3 tJ I A R ,'clc: ch IJadilld . City ...!Jk....wu;u. ('~ Slslo {.) .I.l... Zip} '7.!l ~ 'I CONTRACTOR TO FURN/SI~ ALL LABOR AND MATERIAL NECESSARY TO CUSTOM INSTALL THE ~Cl EXTERIOR HOME REMODELING PRODUCTS: , er- SIDING PREMIUM PACI<AGE r-;,~ - /, ", P,emlumdouble.6'panel c::. v ere. rT . 3/8' bocka, bos,d ... ... 4- outside cornor posto ALL SIDING TO INCLUDE ALL NECESSARY CHANNELS/MOlDING, o.olu,lvo 4.way wlnrJow soolor ,yolBm golvanlzeu '1001 slorte, Sl,lp, Siding 10 be lnalolloello Iho lollowlno orono: , p;.~n+ of -rIA},. S':r~".$' '.....,)'''r'''. ~y.."l:LlJ~ ~'VI;.f~ -- Arso 10 ino/uds following opllonol/Balllres: Yss . Full ooveroge Window. _ Qu.nllly 0 I' Full oovorogo dODrs _ Quonllly D '. Full cOvB,ego goreo. doors D . Cap ollie only Qusnllly 0 Porch lalllngs 0 No ,,/"" 0/'- ' New Shullere (No, pal, --l tt::: . Now louvor venla .,.Q... QuentllY \::r . Romovo e.lstlno siding [:;l--' 'Flnlno rJ- . Enolosuro Ins Ida well YOG ND ~~ [fi}- D 9- o PREMIUM SOFFIT AND FASCIA SYSTEM To Inoludo all nooossa,yohennol. molding, 4 10 1 vonlod panel rallo, vlnyl'Offll panols, slrlalad aluminum coli. Sollll & Foscle 10 bo Ins lolled 10 Ihe /ollowlng arsas: CDlor ID bB; l! lJ -e q:;-r ~ ~ I/J ,I ... / \ Also 10 Include tho 101l0wlng optional leolllre.: Yea N90 . Porch box3.waywrep 0 E.'f/ PDrch ce;Ilngs 0 ff . Fascia 0 13' . WerrBnly available upon roqu.sl. Addlllonal work 10 be done Yos ". New gllllers 0 Now downapDut. 0 . n,\ R oullers/downspouls 0 No... g:. V -....d Cloon up & hBUl aw.y all lob-rolala" debris, /WOrk NOllo be dDns NO WORK WILL BE CONSIDERED U/ILECS IIEREIII SPECIFIEn. NO VERnAL AGREEIAENT ReCOOll'ZED Thl. Ironl.cllon Ih.1I bo lub)acllO nee. Plane. b~ Conlrnelor, In Ih8 avonl.I Buy.,'. loilur. I. .cc.pl ".lIvory 01 goo". 0( pOIIO/manc. 01 soMe.. cov.rod hsreln, the Conbeclor ullal! be ontlll.d 10 and Allyer aor8011 (0 pay forlhwllh, rallura dam'ooB In 8n omountequll to Ihe co.t .lreody Inoulled. II any, 10 Ih. 8v.nllll. P'OrJuCI ho, be.n O1onu'ael.II" "' purchuael wilh 0 "S1oeklng lee pan Illy, r""'!raClor shIn nol b. nabl."or dol2ys cDused by slr.koe, weal/ler condillon., dnl3V 'n ol)lalnlng rnalerlelQ .and olhorclu8DU hevond III COOlro!. Tho ollllr. undorSland- Ing and IIOteoment botween lha p.,lIos ar8 conlalned herein. Any 8)((ra work not eplclflod in the Bornmant', to be r.eld'ew bV the BuY''' on 8 I.bar pllJllNltlrtal, balls In accordanc. willi ace. plod Contractor pollcle..llany work 'haft ho performed by the Conl,aclot purlulnl 'owrlnln luUlortr:a.11on .'gn.d by th. Duyor 01 Buyor.. (ho price 'or ruch work ~.hall b. added !o tho prieD lei lOllh het.tn. . , CONTRACT PRICE DOWN' PAYM.NT BALANC. DUE To ho f1nanr:od ~a&h upon c..omptallon 0 In wllne.. WhoreD' tho Guysr A .nlorQd~l"l~ Ihll IrIlnGncllon thlll 01 -th 19 2...Y- , .Il /d'y You I". -"V.' ....11 o.".o'th/. ""n..ellon 01 .nllllrn. prior 10 ml~nlghl an Ih, Ihlrd b."n... dOlloll.r Ih, doll .., Ihl, transaclion. So.th, ollo.hod naU.. al..noonollon lonn lor on o",'on.llan 011111. rlghl. X Aooopled by Contraclor Ihls AmtriollR Heme Improvemenl Products. Ino, by .,... Cor*..'I CCIPV _ day O!..F eJj ~;'~fJ~ ".,1_. .1\Rh...,.. CIIpf ""'k.;; twd6CM "PI' !;'OA! ?1Z,1!IDy~~~~ 5'oZ; J o i\ ,'. " . DELORES M. BOWRING \M)vS 6O-S'3/3,3 3 6 7 ~ 941 BRICK CHURCH ROAD ~, n 116621 ,/\. . .~EWV1LLE.PA 17241 P ~\U'TB~SY/ ~~'J'iJf" -r/'.p/>'x)-.9.:'h'1' ~~" 1-2. '9'~ I $/'I 3'1~,tJo ~j1_-rq~'HQ..Ilt,.I tL'l'~ J...'.""""'~~O",.ARS mi:?= TilE FARMERS NATIONAL BANK \~~30~a2S ~sz,~;iNNIY~VAN'A 11~~ 'OMO"~OP() !.,;/> t~q6 JJ~/rn-8~--"-'~ 1:0~l:i0'i81:l51: ~? (;!:.2 ~II' 0:11;'/ ,,'oooocrt:i"lI,OO," .__ .._'. _..... ..... ..w._ -................:.. - bEWJ ,M.~BOWRING ',."1\41 I CHURCH ROAD :'t\ ' LE, P,^ ~7241 60-983/313 379 176621 D^'U~gg fi.I9,?? 1$ (rot'?,oa '--. . '7 ::;'J5f3,DOI.I.ARS mc:?= <'I1J2. " Cl .':'N' . . , :-rro.; PA. a T",:>Il4~ NA110NAL BANK W OF NIWlUII, PlJNNIYLv"",,-fJnt. :;~~~:l51: H !:.!:.2 ~~~~rr-~&(~OO~ - "...N "~J';:~.' .~-::.a.:.......~....' .... .______ _N _.. ".._________ ________ -- -----_______ ------.---------- . T. . DELORES M. BOWRING """313,3 3 91 34~=~~~::C~7~~AD p A~~~}-&/ 9r ~~J:~--h~f-~^P-R-t4-l')-~ $ '6 455.0 .., ~I~el"} th Ot,l'ld f:DtJ/lhu.tlckediwift.fiJlikll-&.. DOl.LARS mc:?"= " Cl2Cl144.;!t56 40(1 Lflf\Wl~6h,J '\:100 THE FARMERS NATIONAL BANK f 113)309805 , or NEWlLLB.Pl!NNITLVANIA I7HI pcJ I/1P,,' I "1 ''''''' 0 '1o-no'-oo~ /6 ~"a-J)~/3~fl!!r!!'!. 1:0~BO'i8:151: ~? !:.!:.2 ~II' O~'i~ ,1'0000'11,8"500," .. .. -v-.;.,w-' ....~_.....,,:'-:;..'U~tZ_~a.:.~:tr - ._'~~..~oi.~.#....-.z. . ~.~. ..... -". ...... 60-9&31313 'AYTOnf. """"''''' ID M '<t I. Cl :!!:!;l 0:0- ;=a:" o:<~ m~c .:On. ~auI rJ)lS::l ~ii:~ O"~ -,_z UJ;l) a 7. Defendant has left no forwarding address; 8. Plaintiff contacted the McSherrystown Post Office for a current address for Defendant but 345 Main Street, McSherrystown, Pennsylvania is the last known address for Defendant John Palmer; 9. Plaintiff has examined the local telephone directories, voter registration records and motor vehicle records and have found no address other than 345 Main Street, McSherrystown, Pennsylvania for Defendant John Palmer; Wherefore, Plaintiff respectfully requests that this Honorable Court grant his motion to serve Defendant by publication in the Gettvsbura Times, Date:~ Stephen 'J. Hogg, Attorney for Plaint' LAWOFFICESOF STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARUSlE, PA 17013 LAW OFFICES OF STEPHEN]. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE. PA 17013 CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve one true and correct copy of the attached Motion To Serve By Publication by United States Mail, postage pre-paid, addressed to the following: Timothy J. McMahon, Esquire Marshall, Oennehey, Warner Coleman & Goggin 100 Pine Street, 4th Floor Harrisburg, PA 17108-1849 Date:. STEPHEN J. HOGG, ESQUIRE EXECUTOR OF THE ESTATE OF DELORES M. BOWRING, DECEASED Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 99-2424 SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, Defendants : CIVIL ACTION : JURY TRIAL DEMANDED ANSWER OF DEFENDANT. AMERICAN HOME IMPROVEMENT PRODUCTS TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, American Home Improvement Products (hereinafter "AHIP"), by and through its counsel, Marshall, Dennehey, Warner Coleman & Goggin, hereby respond to Plaintiff's Complaint as follows: I. Admitted in part; denied in part. It is admitted Dnly that Plaintiff is who he says he is. As to the allegation that Plaintiff is the Executor of the estate of Delores M. Bowring, deceased, Defendant lacks information sufficient to form a belief as to the truth of that alIegBtion and accordingly the same is denied and pi <Jof thereof is demanded at trial, if relevant. 2. Denied. The allegations of this paragraph constitute conclusions of law to I I I which no further responsive pleading is required and accordiDgly the same are denied and proDf thereof is demanded at trial. 3. Defendant does not understand what the tenn "subentities" means within the context of the allegations set forth in this paragraph and accordingly the allegations set forth in this paragraph are denied on that basis. By way offurther answer, there are no legal entities of which AHIP is aware, by which Sears trades as "Sears Windows" or "Sears Siding". The allegations of this paragraph, constitute conclusions of Jaw, to which no further pleading is required, are denied and proof thereof is demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted that, at all times material to Plaintiff's allegations, Defendant AHIP, was an authorized contractor of Sears. The remaining allegations of this paragraph are denied on the basis Lllat they constitute conclusions of law to which nD further respDnsive pleading is required and accordingly proof thereof is demanded at trial, ifrelevant. 5. Den.ied. Defendants, Winey, Palmer and Norris were either employees or independent contractors of AHIP, not Sears. The allegations of this paragraph are denied to the extent that they constitute conclusions Df law to which no further responsive pleading is required and accordingly proof thereofis demanded at trial, if relevant. 6. Denied. Defendant after reasonable investigation and inquiry lack infonnation sufficient to fonn a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 7. Denied. Defendant after reasonable investigation and inquiry lack infonnation sufficient to fonn a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 8. Denied. Defendant after reasDnable investigation and inquiry lack infonnation sufficient to fonn a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 2 9. Admitted in part; denied in part. It is admitted only that a representative of AHIP contacted Delores M. Bowring in 1997 and further that Delores M. Bowring , ;'i, " ~ [., ',~. signed cDntracts, which contracts are writings and therefore speak for themselves in their entirety, concerning home improvements. Moreover, there are no legal entities with identities under which Sears or AHIP trade by the names of "Sears Windows" or "Sears ,.,', ~~ .~. Siding". The remaining allegations of this paragraph constitute conclusions oflaw to I;,' which no further responsive pleading is required and accordingly proofthereof is demanded at trial. 10. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. '~: II. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 12. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 13. Denied as stated. The documents referred ill the allegation of this paragraph are writings which in their entirety speak for themselves. By way of further answer, it is specifically denied that the Money Store is an authDrized finance agency of Defendant Sears as alleged, but had a dealer arrangement with Defendant, American Home Improvement Products. By way of further answer, Plaintiff made her payments directly to the Money Store, and nDt Sears or AHIP. The allegations set forth in this paragraph constitute conclusions oflaw to which no further responsive pleading is required and accordingly the same are denied and proDfthereofis demanded at trial, if relevant. 3 14. Denied. After reasonable investigation and inquiry, Defendant lack information sufficient to form a belief as to the allegations that Argent Company is a reputable home improvement company as alleged and/or that Argent Company reviewed the materials and work performed as alleged. By way of further answer, the allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Denied. Defendant specifically deny all allegations of violation of the Unfair Trade Practices and Consumer Protection Law as alleged and further specifically deny that the contracts referenced in this paragraph were or are confusing and/or misleading and further deny that the contracts give rise to or amount to an unfair method of competition and/or an unfair or deceptive act or trade practice as defined by Section 201-2 of the Unfair Trade Practices and Consumer Protection Law. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law to which no further responsive pleading is requircd and accDrdingly the same arc denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II 16. Defendant incorpDrate by reference their respDnses to paragraphs I through 16 above if as set forth at length herein. 17. Denied. Answering Defendant, AH1P, specifically denies the allegation that the individually named Defendants misrepresented that the cost for the home improvement.~ was reasonable and competitive with other contractors in the area as alleged. By way of fur+.her answer, all allegations of fraud are specifically denied. To the 4 contrary, at no time did the individually named Defendant make any material misrepresentations of fact and/or utter any fraudulent statements upon which Plaintiff's decedent materially relied. More speeifically, AHIP believes and avers that all infonnation relevant to the cost of the home improvements purchased by Plaintiff, Dolores M. Bowring, were consistent with standard pricing pDlicies and procedures of AHIP. The allegations set forth in this paragraph, to the extent that they constitute conclusions oflaw, are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded altrial, if relevant. 18. Denied. Answering Defendant specifically deny the allegation that any of the individually named Defendant fraudulently represented that the cost for the home improvements was reasonable and competitive with Dther contractors in the area as alleged. By way of further answer, all allegations of fraud are specifically denied. To the contrary, the costs of home improvements were priced in accordance with AHIP's standard policies and procedures. Finally, the allegations set fmih in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, ifrelevant. 19. Denied. Answering Defendant specifically deny the allegation that any individually named defendant fraudulently represented that the cost for the home improvements was reasonable and competitive with other contractors in the area as alleged. By way of further answer, all allegBtiDns of fraud are specifically denied. To the contrary, at no time did any individually named defendant make any material misrepresentations of fact and/or utter any fraudulent statements upon which Plaintiff's decedent materially relied, and the cost ofhDme improvement were priced in accordance 5 with AHIP's standard policies and procedures. The allegations set forth in this paragraph, to the extent that they constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thercof is demanded at trial, if relevant. 20. Denied. Answering Defendant specifically deny the allegation that any of the individually nBmed Defendant fraudulently represented that the cost for the home repairs was reasonable and competitive with other contractors in the area as alleged. By way of further answer, all allegations offrllud are specifically denied. To the contrary, at no time did any individually named defendant make any material misrepresentation of fact and/or utter any fraudulent statements upon which Plaintiff's decedent materially relied, and the costs of home improvements were priced in accordance with AHIP's standard polices and procedures. Finally, the allegations set forth in t1tis paragraph constitute conclusions oflaw which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 21. Denied. Answering Defendant specifically deny that Sears, Sears Siding, Sears Windows and/or American Home Improvement, Inc. knew or should have known that Defendant Palmer, Winey and/or Norris made fraudulent representations as alleged and further deny that they or any ofthcm actually or constructively approved of the alleged material misrepresentations. To the contrary, there are no legal entities of which Defendant is aware under which Sears trades as "Sears Windows" or "Sears Siding". Moreover, information given to Delores Bowring concerning the cost of the home improvements, were consistent with standard pricing policies and procedures of AHIP. The allegations set forth in this paragraph, to the extent that they constitute conclusions 6 of law, are deemed denied under the applicable Rules of Civil Procedure and accordingly no further respDnse is required and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiffs Complaint fails to state a cause of action against Defendant or any of them upon which relief can be granted. 23. Plaintiffs claims may be barred and/or limited by the applicable disclaimers and/or limitations and/or warranties of damages provisions as set forth in the contracts referenced in Plaintiffs Complaint. 24. Plaintiffs claims may be barred and/or limited by Plaintiffs failure to mitigate damages as required by law. 25. Plaintiff is not entitled as a matter of law to recover either attorney's fees or treble damages. 26. Plaintiffs claims may be barred and/or limited by applicable provisions of the Unfair Trade Practices and Consumer Protection Law. 27. Plaintiffs claims may be barred by the applicable statute of limitations. WHEREFORE, Defendant demand judgment in their favor and against Plaintiff together with such other relief as this Court shall deem appropriate. 7 CERTIFICATE OF SERVICE I, Sharon M. O'Donnell, Esquire of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1st day of December, 1999 served a copy of the foregoing document via First Class United States mail, pDstage prepaid as follows: Stephen J. Hogg, Esquire 19 South Hanover Street Suite 101 Carlisle, PA 17013 ~ ...1 (.::: .1. U'". -, ,- e;: ~))1~ u\\1- (')0:'" (.);":, -:;1::- ~~~ ~\ ~f".':: .". (.J ~.;'. c', (j) b~: \ :'; ~~:~ u\" . - c-\ (...:.1 "\ ~ \ ) 0#": \..1 . ~ '.::.- , t...', ~,; ll. c" ~.') (,.) l:,;t' 0 Winey, was employed. Finally, the allegations of this paragraph constitute conclusiDns oflaw to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted that Defendant American Home Improvement Products, Inc. is an authorized contractor of Sears, Roebuck and Co. The remaining allegations ofthis paragraph are denied on the basis that they constitute conclusions of law to which nD further responsive pleading is required and accordingly proof thereof is demanded at trial, if relevant. 5. Admitted in part; denied in part. It is admitted only that Chris Winey, at all times material to the allegations ofPlaintitI's Complaint, was an employee f Defendant, AHIP, not "Sears Windows" or Sears Siding". Defendant, Winey, is not familiar with any legal entity by those names. The remaining allegations and averments of paragraph 5 are denied as conclusions of law to which no further response is required. 6. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 7. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 8. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereDf is demanded at trial, if relevant. 9. Admitted in part; denied in part. It is admitted only that one contract, in the amount of $6,394, marked as contract number SS-31542 was entered into between Dolores Bowring and Christopher Winey on or abDut the 5th day Df December, 1997, more specifically attached to Plaintiff's Complaint as Exhibit "A". The remaining averments of paragraph 9 of Plaintiff's Complaint are denied to the extent that Mr. Winey had no involvement in those contracts and to the extent that the allegations of paragraph 9 constitute conclusions of law to which no further response is required. 10. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 11. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 12. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 13. Denied as stated. Defendant, Winey, has no independent knowledge as to the truth of the actual averments in Paragraph 13 of Plaintiff's CDmplaint. However, Defendant Winey, believes and therefore avers that Delores Bowring made payment for the home improvements purcha.~ed directly to the Money Store, and not to Sears Dr AH1P, By way of further answer, it is specifically denied that the Money Store is an authorized finance agency of Defendant Sears as alleged. By way of further answer, the allegations set fDrth in this paragraph constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 14. Denied. After reasonable investigation and inquiry, Defendant lacks infonnation sufficient to form a belief as to the allegations that Argent Company is a reputable home improvement company as alleged and/or that Argent Company reviewed the materials and work performed as alleged. Defendant specifically denies that it performed work as alleged. To the contrary, it appears, based upDn the exhibits attached to Plaintiff's Complaint that the alleged work was perfonned by Defendant American Home Improvement Products or persons or entities engaged by it or on its behalf. By way of further answer, the allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Del.ied. Defendant specifically denies all allegations of viDlation of the Unfair Trade Practices and Consumer Protection Law as alleged and further specifically deny that the contracts referenced in this paragraph were or are confusing and/or misleading and further deny that the contracts give rise to or amount to an unfair method of competition and/or an unfair or deceptive act or trade practice as defined by Section 201-2 of the Unfair Trade Practices and Consumer Protection Law. By way of further answer, the allegations set fDrth in this paragraph cDnstitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proofthereDf is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II 16. Defendant incorpDrate by reference its responses to paragraphs I through 16 above if as set forth at length herein, 17. Denied. It is specifically denied that Defendant, Christopher Winey, made any fraudulent misrepresentations to DelDres Bowring that the cost for the home improvements as reflected in Exhibit "A" to Plaintiirs Complaint were reasonable and competitive with other contracts in the area, and were priced in accordance with AHlP's policies and procedures. To the contrary, the cost for the subject home repairs were, in fact, reasonable and competitive with other similar contractDrs in the area. The remaining allegations and avennents of paragraph 17 to the extent they are directed to Defendant Winey, are denied as conclusions oflaw to which no further response is required. 18. Denied. It is specifically denied that Defendant, Winey, knew or should have known that any representations made by him tD DDlores Bowring were faIse. To the contrary, any and all communications made by Mr, Winey to Dolores Bowring were representations of fact as those facts existed on the date and at the time their conversation or conversations took place, including, but nDt limited to, standard pricing consistent with AHIP's policies and procedures. The remaining allegatiDns of paragraph 18 are denied to the extent they constitute conclusions of law to which no further response is required. 19. Denied. It is specifically denied that Defendant, Winey made any misrepresentation to Dolores Bowring to coerce her or induce her to enter into a contract for goods and services as reflected in Exhibit "A" to Plaintiirs Complaint. To the contrary, to the best of Defendant Winey's knowledge, infonnation and belief, Delores Bowring agreed to purchase certain merchandise and services based upon her own judgment and needs. Further, Defendant, Winey, believes and therefDre avers that Plaintiff made her decision to make such purchases after full disclosure as to AHIP's standard pricing for the home improvements which PJaintiffrequested be made to her dwelling. The remaining allegations of paragraph 19 arc denied to the extent that they constitute conclusions of law to which no further respDnse is required. 20. Denied. Defendant after reasonable investigation and inquiry lacks infonnation sufficient to fonn a belief as to the truth of these allegations and they are accordingly denied. By way of further answer, all allegatiDns of fraud are specifically denied, in that Plaintiff made her decisiDn to purchase goods and services after full disclosure of AHIP's standard pricing of the goods and services being considered for purchase by Plaintiff. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 21. Denied. Defendant specifically denies that it knew or should have known that Defendants Palmer, Winey and/or Norris made fraudulent representatiDns as alleged and further deny that they or any of them actually or constructively approved of the alleged material misrepresentations. To the contrary, full disclosure was made to Delores Bowring as to AHIP's standard pricing policies and procedures for consideratiDn in deciding whether to purchase the goods and services from AHIP. By way of further answer, the allegations set forth in this paragraph constitute conclusions oflaw which are deemed denied under the applicable Rules of Civil Procedure and accDrdingly no further response is required and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiffs Complaint fails to state a cause of action against Defendant upon which relief can be granted. 23. Plaintiff's claims may be barred and/or limited by the applicable disclaimers and/or limitations and/or warranties of damages provisions as set forth in the cDntracts referenced in Plaintiff's Complaint. 24. Plaintiff's claims may be barred and/or limited by Plaintiff's failure to mitigate damages as required by law. 25. Plaintiff is not entitled as a matter oflaw to recover either attorney's fees or treble damages. 26. Plaintiff's claims may be barred and/or limited by applicable provisions of the Unfair Trade Practices and Consumer Protection Law. 27. Plaintiff's claims may be barred by the applicable statute of limitations. WHEREFORE, Defendant demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. Respectfully submitted, DATED:) ~/II 0f1 MARSHA L, OENNEHEY, WARNER, & GOGGIN r;JifIJ~ Tim hy J. McMahon, Esquire 1.0. o. 52918 Sh on M. O'ODnnell, Esquire 1. . No. 79457 o Pine Street - 4th Floor .0. Box 803 Harrisburg, P A 17108 (717) 232-1022 Attorneys for Defendants I I i I .1 .-. " >- ('oj ~' ~ \,{;. >-' .:. lIJt1 F. ~1~ C) .'~:: -- re.o ~; .;:~. ;-~l~j C):': .' -.... 6' N :' :-;~;; ,. Lljll- I illL': '-' i:H[] ',J" I".' !:~:;'L_ jo c.:.: U-. e1' ~~j 0, 0" (J Palmer, was employed. Finally, the allegations of this paragraph constitute conclusions of law to whi<:h no further responsive pleading is required and accordingly the same are denied and proDf thereof is demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted that Defendant American Home Improvement Products, Inc. is an authorized contractor of Sears, Roebuck and Co. The remaining allegations of this paragraph are denied on the basis that they constitute conclusions of law to which no further responsive pleading is required and accordingly proof thereof is demanded at trial, if relevant. 5. Admitted in part; denied in part. It is admitted that John Palmer, at all times material to the allegations of Plaintitl's Complaint, was an employee of AHIP, not Sears, "Sears Windows" or "Sears Siding". Defendant, Palmer, is not familiar with any legal entity by those names. The remaining allegations and averments of paragraph 5 are denied as conclusions of law to which no further response is required. 6. Denied. Defen"lant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 7. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the tlUth of these allegations and accDrdingly the same are denied and proof thereof is demanded at trial, if relevant. 8. Denied. Defendant, after reasonable investigation and inquiry, lacks informatio.l sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 9. Denied. Defendant Palmer was not involved with any eontract negotiation with Delores Bowring, and did not enter into any eontracts with her for homc improvement goods and services. The remaining allegations are denied to the extent that they constitute legal conclusion, which are deemed denied without the necessity of a further pleading pursuant to the applicable Rules of Civil Procedure. Strict proDf thereofis demanded at trial, if relevant. 10. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. II. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 12. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 13. Denied as stated. The documents referred in the allegations of this paragraph are writings which in their entirety speak for themselves. Defendant, Palmer, has nD independent knowledge as to the truth or the factual allegations in Paragraph 13 of Plaintiff's Complaint. However, Defendant Palmer, believes and therefore avers that Delores Bowring made payment for the home improvements purchased directly to the Money Store, and not to Sears or AHIP. By way of further answer, it is specifically denied that the Money Store is an authorized finance agency of Defendant Sears as alleged. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 14. Denied. After reasonable investigation and inquiry, Defendant lacks infonnation sufficient to fonn a belief as to the allegatiDns that Argent Company is a reputable home improvement company as alleged and/or that Argent Company reviewed the materials and work performed as alleged. Defendant specifically denies that it performed work as alleged. To the contrary, it appears, based upon the exhibits attached to Plaintiff's Complaint that the alleged work was performed by Defendant American Home Improvement Products or persons or entities engaged by it or on its behalf. By way of further answer, the allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Denied. Defendant specifically denies all allegations of violation of the Unfair Trade Practices and Consumer Protection Law as alleged and further specifically deny that the contracts referenced in this paragraph were or are confusing and/or misleading and further deny that the contracts give rise to or amount to an unfair method of competition and/or an unfair or deceptive act or trade practice as defined by Section 201-2 of the Unfair Trade Practices and Consumer Protection Law. By way of further answer, the allegations set forth in this paragraph constitute conclusions oHaw to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II 16. Defendant incorporate by reference its responses to paragraphs I through 16 above if as set forth at length herein. 17. Denied. It is specifically denied that Defendant, John Palmer, made any fraudulent misrepresentations to Delores Bowring that the cost for the home improvements as reflected in Exhibit "A" to Plaintiff's Complaint were reasonable and competitive with other contracts in the area, and were priced in accordance with AHIP's policies and procedures. To the contrary, Defendant Palmer was not involved with any contract negotiation with Delores Bowring, and did not enter into any contracts with her for home improvement goods and services. The remaining allegations and averments of paragraph 17 to the extent they are directed to Defendant Palmer, are denied as conclusions of law to which no further response is required. 18. Denied. It is specifically denied that Defendant, Palmer, knew or should have known that any representations made by him to Dolores Bowring were false. To the contrary, Defendant Palmer was not involved with any contract negotiation with Delores Bowring, and did not enter into any contracts with her for home improvement goods and services. The remaining allegations of paragraph 18 are denied to the extent they constitute conclusions of law to which no further response is required. 19. Denied. It is specifically denied that Defendant, Palmer made any misrepresentation to Delores Bowring to coerce her or induce her to enter into a contract for goods and services as reflected in Exhibit "A" to Plaintiff's Complaint. To the contrary, Defendant Palmer was not involved with any contract negotiation with Delores Bowring, and did not enter into any contracts with her for home improvement goods and services. The remaining allegations of paragraph 19 are denied to the extent that they constitute conclusions of law to which no further response is required. 20. Denied. Defendant Palmer, after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of these allegations and they are accordingly denied. To the contrary, Defendant Palmer was not involved with any contract negotiation with Delores Bowring, and did not enter into any contracts with her for home improvement goods and services. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 21. Denied. Defendant specifically denies that it knew or should have known that Defendants Palmer, Norris and/or Winey made fraudulent representations as alleged and further deny that they or any of them actually or constructively approved of the alleged material misrepresentations. To the contrary, Defendant Palmer was not involved with any contract negotiation with Delores Bowring, and did not enter into any contracts with her for home improvement goods and services. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly no further response is required and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiff's Complaint fails to state a cause of action against Defendant upon which relief can be granted. 23. Plaintiff's claims may be barred a.'1d/or limited by the applicable disclaimers and/or limitations and/or warranties of damages provisions as set forth in the contracts referenced in Plaintiff's Complaint. VERI FICA TION Sharon M. O'Donnell, Esquire, attorney for John Palmer, verifies that the facts set forth in the Defendant's Answer with New Matter to Plaintiff's Complaint are true to the best of her knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: lifll I'll >- ('J .~ ~ Lr. C' M :-J...-r: WI '," 8~~ ~::.c;. - I..L...'. a.: :_:j~_J '..I~ f.... (~)(-::' "- L":'l':'; N ~~;.~~ lLJI.. I tf. ~;.. U :'iP..l .:1 i.~ : l,J aJe.l- C:J -,' U. en ~:i p Q' U STEPHEN J. I-:IOGG, ESQUIRE EXECUTOR OF THE ESTATE OF DELORES M. BOWRING, DECEASED Plaintiff v, SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99.2424 : CIVIL ACTION : JURY TRIAL DEMANDED NOTICE TO PLEA\) TO: Stephen J. Hogg, Esquire (Attorney for Plaintiff) 19 South Hanover Street Suite 10 I Carlisle, PA 17013 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be filed against you. DATED:~ ALL, DENNEHEY, WARNER, .AN & GOGGIN i---- ._~ ARON M..O': ELI., ESQ. . No. 79457 00 Pine Street, 4th Floor P.O. Box 803 Harrisburg, PA 17108-0803 (717) 231-3791 Attorneys for Defendant STEPHEN J. HOGG, ESQUIRE EXECUTOR OF THE ESTATE OF DELORES M. BOWRING, DECEASED Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC., CHRIS WINEY, JOHN PALMER and STAN NORRIS, Defendants : CIVIL ACTION v. : NO. 99-2424 : JURY TRIAL DEMANDED ANSWER OF DEFENDANT. STAN NORRIS. TO PLAINTIFF'S COMPLAINT WITH NEW MATTER Defendant, Stan Norris, by and through his counsel, Marshall, Dennehey, Warner Coleman & Goggin, hereby makes answer to Plaintiff's Complaint as follows: 1. Admitted in part; denied in part. It is admitted only that Plaintiff is who he says 3. Defendant does not understand what the term "subentities" means within the he is. As to the allegation that Plaintiff is the Executor of the estate of Delores M. Bowring, deceased, Defendant lack information sufficient to form a belief as to the truth of that allegation and accordingly the same is denied and proof thereof is demanded at trial, if relevant. 2. Denied. The allegationsofthis paragraph constitute conclusions oflaw to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial. context of the allegations set forth in this paragraph and accordingly the allegations set forth in this paragraph are denied on that basis. By way of further answer, there are no legal entities with names or identifications known as "Sears Siding" or "Sears Windows" for whom Defendant, Norris, was employed. Finally, the allegations of this paragraph constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted that Defendant American Home Improvement Products, Inc. is an authorized contractor of Sears, Roebuck and Co. The remaining allegations of this paragraph are denied on the basis that they constitute conclusions of law to which no further responsive pleading is required and accordingly proof thereof is demanded at trial, if relevant. 5. Admitted in part; denied in part. It is admitted only that Stan Norris, at all times material to the allegations of Plaintiff's Complaint, was an employee of Defendant, AHIP, not "Sears Windows" or "Sears Siding". Defendant, Norris, is not familiar with any legal entity by the names. The remaining allegations and averments of paragraph 5 are denied as conclusions of law to which no further response is required. 6. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 7. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a beHefas to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 8. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 9. Admitted in part; denied in part. It is admitted only that Stan Norris, for and on behalf of AHIP and Dolores Bowring contracted for home improvement goods and services. The 10. Denied as stated. The allegations in this paragraph refer to a writing which in its remaining averments of paragraph 9 of Plaintiff's Complaint are denied to the extent that Mr. Norris had no involvement in those contracts and to the extent that the allegations of paragraph 9 constitute conclusions of law to which no further response is required. entirety speak for itself. 11. Denied as stated. The allegations in this paragraph refer to a writing which in its ;'t: ." ).. ,.' ': entirety speak for itself. " ~~;; ,I,' oJ ',L,. 12. Denied as stated. The allegations in this paragraph refer to a writing which in its E' entirety speak for itself. 'i ',: 13. Denied as stated. The documents referred in the allegations of this paragraph are ;\1; writings which in their entirety speak for themselves. Defendant, Norris, has no independent knowledge as to the truth or the factual allegations in Paragraph \3 of Plaintiff's Complaint. o However, Defendant Norris, believes and therefore avers that Delores Bowring made payment for the home improvements purchased directly to the Money Store, and not to Sears or AHIP. By way of further answer, it is specifically denied that the Money Store is an authorized finance agency of Defendant Sears as alleged. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law to which no furtJler responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, ifrelevant. 14. Denied. After reasonable investigation and inquiry, Defendant lacks information sufficient to form a belief as to the allegations that Argent Company is a reputable home improvement company as alleged and/or that Argent Company reviewed the materials and work performed as alleged. Defendant specifically denies that it performed work as alleged. To the contrary, it appears, based upon the exhibits attached to Plaintiffs Complaint that the alleged work was performed by Defendant American Home Improvement Products or persons or entities engaged by it or on its behalf. By way of further answer, the allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Denied. Defendant specifically denies all allegations of violation of the Unfair Trade Practices and Consumer Protection Law as alleged and further specifically deny that the contracts referenced in this paragraph were or are confusing and/or misleading and further deny that the contracts give rise to or amount to an unfair method of competition and/or an unfair or deceptive act or trade practice as defined by Section 201-2 of the Unfair Trade Practices and Consumer Protection Law. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law to which no further responsive pleading is required and accordingly the same are denied and proof thereofis demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II 16. Defendant incorporate by reference its responses to paragraphs I through 16 above if as set forth at length herein. 17. Denied. It is specifically denied that Defendant, Stan Norris, made any fraudulent misrepresentations to Delores Bowring that the cost for the home improvements as reflected in Exhibit "A" to Plaintiff's Complaint were reasonable and competitive with other contracts in the area, and were priced in accordance with AHIP's policies and procedures. To the contrary, the cost for the subject home improvements were, in fact, reasonable and competitive with other similar contractors in the area. The remaining allegations and averments of paragraph 17 to the extent they are directed to Defendant Norris, are denied as conclusions of law to which no further response is required. 18. Denied. It is specifically denied that Defendant, Norris, knew or should have known that any representations made by him to Dolores Bowring were false. To the contrary, any and all communications made by Mr. Norris to Dolores Bowring were representations of fact as those facts existed on the date and at the time their conversation or conversations took place, including, but not limited to, standard pricing consistent with AHIP's policies and procedures. The remaining allegations of paragraph 18 are denied to the extent they constitute conclusions of law to which no further response is required. 19. Denied. It is specifically denied that Defendant. Norris made any misrepresentation to Delores Bowring to coerce her or induce her to enter into a contract for goods and services as reflected in Exhibit "A" to Plaintiff's Complaint. To the contrary, to the best of Defendant Norris's knowledge, information and belief, Delores Bowring agreed to purchase certain merchandise and services based upon her own judgment and needs. Further, Defendant, Norris, believes and therefore avers that Plaintiff made her decision to make such purchases after full disclosure as to AHIP's standard pricing for the home improvements which Plaintiff requested be made to her dwelling. The remaining allegations of paragraph 19 are denied to the extent that they constitute conclusions of law to which no further response is rt'-']uirc1. 20. Denied. Defendant after reasonable investigation and inquiry lacks information sufficient to fonn a belief as to the truth of these allegations and they are accordingly denied. By way of further answer, all allegations of fraud are specifically denied, in that Plaintiff made her decision to purchase goods and services after full disclosure of AHIP's standard pricing of the goods and services being eonsidered for purchase by Plaintiff. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 2 I. Denied. Defendant specifically denies that it knew or should have known that Defendants Palmer, Norris and/or Winey made fraudulent representations as alleged and further deny that they or any of them actually or constructively approved of the alleged material misrepresentations. To the contrary, full disclosure was made to Delores Bowring as to AHIP's standard pricing policies and procedures for consideration in deciding whether to pw'chase the goods and services from AHIP. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly no further response is required and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demand judgment in its favor and against Plaintifflogether with such other relief as thi5 Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22. Plaintiff's Complaint fails to state a cause of action against Defendant upon which relief can be granted. 23. Plaintiff's claims may be barred and/or limited by the applicable disclaimers and/or limitations and/or warranties of damages provisions as set forth in the contracts referenced in Plaintiff's Complaint. 24. Plaintiff's claims may be barred and/or limited by Plaintiffs failure to mitigate damages as required by law. 25. Plaintiff is not entitled as a matter of law to recover either attorney's fees or treble damages. 26. Plaintiff's claims may be barred and/or limited by applicable provisions of the Unfair Trade Practices and Consumer Protection Law. 27. Plaintiff's claims may be barred by the applicable statute of limitations. WHEREFORE, Defendant demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. Respectfully submitted, DATED: I ALL, DENNEHEY. WARNER, AN & GOGGIN ~ i othy J. McMahon, Esquire I. . No. 52918 S aron M. O'Donnell, Esquire .D. No. 79457 00 Pine Street - 4th Floor P.O. Box 803 Harrisburg, PA 17108 (717) 232-1022 Attorneys for Defendants :>. "'J E q; ,,~ f~' n <'0 (~";;:5 ;m.~ ... ()Lr: ll: :.j 1" r I (\' '., ~"'- '''''.!': " './) 1I ."C' I -__.1 :::::; k:' ~',I C..' ::';Zi5 I:': ttJ ~:;'1 [1.. Q 'l. -.. Q, :::.> () <;" {J STEPHEN J. HOGG, ESQUIRE EXECUTOR OF THE ESTATE OF DELORES M. BOWRING, DECEASED Plaintiff v. SEARS, SEARS WINDOWS, SEARS SIDING, AMERICAN HOME IMPROVEMENT PRODUCTS, INC" CHRIS WINEY, JOHN PALMER and STAN NORRIS, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-2424 : CIVIL ACTION : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Stephen J. Hogg, Esquire (Attorney for Plaintifl) 19 South Hanover Street Suite 101 Carlisle, PA 17013 You are hereby notificd to plead to the enclosed New Mattcr within twenty (20) days from service hereof or a default judgment may be filed against you. DATED: \ 'J-lJ. C1 '1 MAR HALL, DENNEHEY, WARNER, L AN & GOGGIN HARON M. 0' 'LL, ESQ. J.D. No. 79457 100 Pine Strect, 4th Floor P.O. Box 803 Harrisburg, P A 17108-0803 (717) 231-3791 Attorneys for Defendant set forth in this paragraph are denied on that basis. By way of further answer, there are no legal entities through which Defendant, Sears, trades designated as "Sears Windows" or "Sears Siding". The allegations ofthis paragraph, to the extent that they constitute conclusions of law to which no further responsive pleading is required, are denied and proof thereof is demanded at trial, if relevant. 4. Admitted in part; denied in part. It is admitted that at all times relevant to the allegations of Plaintiff's Complaint, Defendant American Home Improvement Products, Ine. was an authorized contractor of Sears, Roebuck and Co. The remaining allegations of this paragraph are denied on the basis that they constitute conclusions of law to which no further responsive pleading is required and accordingly proof thereof is demanded at trial, if relevant. 5. Admitted in part; Denied in part. It is admitted only that at all times material to the allegations of Plaintiff's Complaint, Defendants, Palmer, Norris and Winey were employees of AHIP. The remaining allegations are denied in that after reasonable investigation, the Answering Defendant, Sears, has no information to form a belief as to the truth of the averments of paragraph 5 and are denied on the basis that they constitute conclusions of law to which no further responsive pleading is required. Accordingly proof thereof is demanded at trial, if relevant. 6. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficicnt to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 2 7. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proof thereof is demanded at trial, if relevant. 8. Denied. Defendant, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth of these allegations and accordingly the same are denied and proofthereofis demanded at trial, if relevant. 9. Denied. Defendant, Sears, after reasonable investigation and inquiry, lacks information sufficient to form a belief as to the truth ofthe averments of Paragraph 9 of Plaintiff's Complaint. Delores M. Bowring signed contracts, which contracts are writings and therefore speak for themselves However, Bowring did not enter into contracts with the Defendant, Sears. Moreover, Defendants, Winey, Norris and Palmer were not employees of Sears; rather, to the best of Sears' knowledge, information and belief, were employees of AHIP ("American Home Improvement Products, Inc."). Finally, Sears does not, nor has ever traded under a fictitious names or other legal entities designated as "Sears Windows" or "Sears Siding". The remaining allegations of this paragraph, to the extent they constitute conclusions of law to which no further responsive pleading is required, and accordingly proof thereof is demanded at trial. 10. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. II. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 12. Denied as stated. The allegations in this paragraph refer to a writing which in its entirety speak for itself. 3 13. Denied. The documents referred in the allegations of this paragraph are writings which in their entirety speak for themselves. By way offurther answer, the Money Store is not an authorized financed agency for Sears. To the best of Sears' knowledge, information and belief, Plaintiff made payment directly to the Money Store and not Sears. The allegations set forth in this paragraph, to the extent that they constitute conclusions oflaw to which no further responsive pleading is required, are denied and proof thereof is demanded at trial, if relevant. 14. Denied. After reasonable investigation and inquiry, Defendants lack information sufficient to form a belief as to the allegations that Argent Company is a reputable home improvement company as alleged and/or that Argent Company reviewed the materials and work performed as alleged. Defendant specifically denies that it performed work as alleged. To the contrary, it appears, based upon the exhibits attached to Plaintiff's Complaint that the alleged work was performed by Defendant American Home Improvement Products or persons or entities engaged by it or on its behalf. By way of further answer, the allegations set forth in this paragraph reference a writing which in its entirety speaks for itself. 15. Denied. Defendant specifically denies all allegations of violation of the Unfair Trade Pmctices and Consumer Protection Law as alleged and further specifically deny that the contracts referenced in this paragraph were or are confusing and/or misleading and further deny that the contracts give rise to or amount to an unfair method of competition and/or an unfair or deceptive act or trade practice as defined by Section 20 I -2 of the Unfair Trade Practices and Consumer Protection Law. By way of further answer, the allegations set forth in this paragraph constitute conclusions oflaw to which 4 no further responsive pleading is required and accordingly the same are denied and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demands judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. COUNT II 16. Defendant incorporate by reference its responses to paragraphs I through 16 above if as set forth at length herein. 17. Denicd. Defendant, Sears, after reasonable investigation and inquiry lacks information sufficient to form a belief as to the tnlth of these allegations and they are accordingly denied By way of further answer, to the best of Sears' knowledge, information and belief, all infonnation communicated to Plaintiff regarding the cost of home improvements made to her dwelling were disclosed in accordance to AHlP's standard pricing policies and procedures. The allegations set forth in this paragraph, to the extent the constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 18. Denied. Defendant after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of these allegations and they are accordingly denied By way of further answer, all allegations of fraud are specifically denied. More specifically, all information regarding the cost of said home improvements were consistent with standard pricing policies and procedures of AHIP. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed 5 denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 19. Denied. Defendant after reasonable investigation and inquiry lacks information sufficient to form a belief as to the truth of these allegations and they are accordingly denied By way of further answer, all allegations offraud are specifically denied. More specifically, all communications made to Plaintiff, Delores Bowring, regarding the costs of said home improvements were consistent with standard pricing policies and procedures of AHIP. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. 20. Denied. Defendant after reasonable investigation and inquiry lacks information sufficient to form a belief as tot he truth of these allegations and they are accordingly denied By way of further answer, all allegations of fraud are specifically denied. More specifically, all information regarding the cost of said home improvements were consistent with standard pricing policies of AHIP. Finally, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicable Rules of Civil Procedure and accordingly proof thereof is demanded at trial, if relevant. ?-1. Denied. Defendant specifically denies that it knew or should have known that Defendants Palmer, Winey and/or Norris made fraudulent representations as alleged and further deny that they or any of them actually or constructively approved of the alleged material misrepresentations, More specifically, all information regarding the cost of said home improvements were consistent with standard pricing policies and 6 procedures of AHIP. By way of further answer, the allegations set forth in this paragraph constitute conclusions of law which are deemed denied under the applicabie Rules of Civil Procedure and accordingly no further responGe is required and proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant, Sears, Roebuck and Co., demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIFF 22, Plaintiff's Complaint fails to state a cause of action against Defendant upon which relief can be granted. 23. Plaintiff's claims may be barred and/or limited by the applicable disclaimers and/or limitations and/or warranties of damages provisions as set forth in the contracts referenced in Plaintiff's Complaint. 24. Plaintiff's claims may be barred and/or limited by Plaintiff's failure to mitigate damages as required by law. 25. Plaintiff is not entitled as a matter oflaw to recover either attorney's fees or treble damages. 26. Plaintiff's claims may be barred and/or limited by applicable provisions of the Unfair Trade Practices and Consumer Protection Law. 27. Plaintiff's claims may be barred by the applicable statute of limitations. WHEREFORE, Defendant demand judgment in its favor and against Plaintiff together with such other relief as this Court shall deem appropriate. 7 ~ ~..- <'J ',.. l"- - .;~ t--- Lt.!\. (''': ( '~ [:,:. ~ -... (~ J b) .,., .. < , : c: ~ J I~. I . :.!.. c.: , , , , ..) c) (.,'1 U pleading is required and proof thereof is demanded at trial. 25. Denied. The allegations of this paragraph are conclusions of law to which no further responsive pleading is required and proof thereof is demanded at trial. 26. Denied. The allegations of this paragraph are conclusions of law to which no further responsive pleading is required and proof thereof is demanded at trial. 27. Denied. The allegations of this paragraph are conclusions of law to which no further responsive pleading is required and proof thereof is demanded at trial. Wherefore, Plaintiff demands Judgment in his favor and against Defendant John Palmer as set forth i.n his original complaint. LAwomc:eaOF 'EPHEN J. HOGG IS, HANOVER STREET SUITE 101 CARUSLE, PA 17013 Date: #1 Stephen J. Hogg, Esqul 19 S. Hanover Street, Suo e Carlisle, PA 17013 (717) 245-2698 , CERTIFICATE OF SERVICE I, Stephen J. Hogg, Esquire, Attorney for the Plaintiff, hereby certify that I did on this day serve ona true and correct copy of the attached Plaintiff's Answer To New Matter Of Defendant's American Home Improvement Products, Inc, Sears, Chris Winey, John Palmer and Stan Norris by United States Mail, postage pre-paid, addressed to the following: Sharon M. O'Donnell, Esquire Marsha'l, Dennehey, Warner Coleman & Goggin 100 Pinu Street, 4th Floor Harrisburg, PA 17108-1849 Date: ( ~/Ir; Irq f f . SI phen J. Hogg, Esqul 19 S. Hanover Street, Ste. Carlisle, PA 17013 (717) 245-2698 f.;; C'l I:: <-c - 1-- (~ .-. Uj~:-: " ~..,~ t , \.1.__:; ,-~. .. i~) 1', , .. -, ~_O , , . C- . ~ U.! -' <- ,j i.J~ I '. , c: , C' ...) C. C'~I 0::.._1