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HomeMy WebLinkAbout01-0398 FX:. ANDREW D. McCOLE and STACY R. McCOLE, Plaintiffs v. AMBASSADOR HOME IMPROVEMENTS, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-0398 CIVIL TERM CIVIL ACTION-LAW NOTICE SCHEDULING ARBITRATION HEARING The above-captioned case is scheduled for Tuesday, Apri130, 2002 at 9:00 a.m. in the 2nd floor hearing room of the old courthouse, Carlisle, Pennsylvania, as the time and place for the hearing, at which time and place you are required to appear and present such testimony as you may have in this case. Any person for whom this date and time is not satisfactory, with the approval of the Chairman, will be expected within ten (10) days to arrange a new date and time suitable for all, schedule the hearing room and send new notices. DATE: February 12, 2002 ~, ~~~' David A. Baric, Chairman Ronald D. Butler, Esquire Butler Law Firm P.O. Box 1004 Harrisburg, Pennsylvania 17108 David Galloway, Esquire Marston, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania 17013 Bulletin Board Prothonotary's Office Cumberland County Courthouse Carlisle, Pennsylvania 17013 Joseph D. Buckley, Esquire 1237 Holly Pike Cazlisle, Pennsylvania 17013 Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street Harrisburg, Pennsylvania 17101 Court Administrator Cumberland County Courthouse Cazlisle, Pennsylvania 17013 Law Offices O'BRIEN, BARK & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com direct.• dbaric@obslaw.com January 25, 2002 Ronald D. Butler, Esquire Butler Law Firm P.O. Box 1004 Harrisburg, Pennsylvania 17108 Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, Pennsylvania 17013 Jana Butler Toole Butler Law Firm P.O. Box 1004 Harrisburg, Pennsylvania 17108 David Galloway, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, Pennsylvania 17013 Elizabeth S. Beckley, Esquire Beckley & Madden 212 North Third Street Harrisburg, Pennsylvania 17101 RE: McCole v. Ambassador Home Improvements. Inc. No. 2001-0398 Civil Term Ladies and Gentlemen: By Order of Court dated January 16, 2002 Judge Hoffer has appointment me Chairman of the above-captioned arbitration. Enclosed please fmd calendars for February, March, April. Please indicate on the calendar whether you would be available to sit for the arbitration in either the a.m. or p.m. of each day. I have crossed off the days on the schedules already to indicate the days when I am unavailable. Please fax the calendars to me at your convenience. Thank you for your cooperation. Very truly yours, O'BRiEN, BARIC & S ERER z~~ David A. Baric, Esquire DAB/jl Enc. cc: File dab.dir a on/mccole.ltr ~~~, r w ANDREW D. McCOLE and : IN THE COURT OF COMMON PLEAS OF STACY R. McCOLE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. N0.01-0398 AMBASSADOR HOME IMPROVEMENTS, INC Defendant :CIVIL ACTION -LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE NDGES OF SAID COURT: 7oseph D. Buckley, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $3,869.00, together with treble damages ($11,607.00), reasonable attorneys fees, interest and costs pursuant to the Unfair Trade Practices & Consumer Protection Law. The following attorneys are interested in the case or are otherwise disqualified to sit as arbitrators: Joseph D. Buckley, Ronald D. Butler, Jana Butler Toole. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respec lly Submitte , Joseph D. Buc ey, Esquire ORDER OF COURT AND NOW, ' / fh , 2002, in consideration of the foregoing Petition ,Esquire, ire, and ~~~~ squire, are appointed arbitrators in the above captioned action as prayed for. By the Cour P.J. ~~-~ ~'!~1'd~i i,',5;~~1~~1 ~_ ~; _ ~. ~ ~~;,, v~~~9 `~ ~ f', ail ~iF ,1 ~ ^J h CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING COMPLAINT WAS DULY SERVED UPON THE FOLLOWING PERSON VIA FIRST CLASS UNITED STATES MAIL, POSTAGE PREPAID: RONALD D. BUTLER, ESQUIRE BUTLER LAW FIRM POST OFFICE BOX 1004 HARRISBURG, PA 17108-1004 Date: January ~ f , 2002 e D. Buckl ,Esquire +~ ' ' , ~' ~. 0 ~, c o ~ r~ ~~ <, c~ n c, rti; ~C ~~ Eli.- ~ ~ t (_,. ` ' ' _c _ _ - ~ ., __ ` ,- T°, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below: Ambassador Home s, Inc. 3907 N. Front Street 1/10/O1 Andrew D. McCole CV its 272-00 LT 19 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case 3-01 PA 17110 Signature of Prothonotary or Deputy Ambassador Home Inc. If appellant was CLAIMANT (see Pa. R.C.P.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of tam to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Andrew D. McCole appellee(s), to file a complaint in this appeal ~- ame of appelke(s) (Common Pleas Na n ~~~ L- t t~ iL E'~ within twenty (20) days after service of r or uffer eAtry judgment of non pros. Signatrxe of appellant a his attorney a agent RULE: To Andrew D. McCole appellees) Name of appellpe(s) (1) You ore notified that a rule is hereby entered upon you to file a compaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service a by certified a registered mail (2) N you do rat file a complaint within this fime, a JUDGMENT OF NON"PROS WILL BE ENTERED AGAINST YOU. (3) The daM of service of this rule S service was by mail is Hie date of mnilina. Dare: J~ a , ~~Do ~ AOPC 372-90 COURT FILE TO BE FILED WITH PROTHONOTARY 69YAA,Fl~i4,~pz~~Hr~ §.nawam«~+~weausa~,~Ct. „.. _:. ~ .._. r r `.`. .. ~ - -.. ~:n , `k ~ i jihts praat at service P-AUSF DE FSLEt WI7r4tN TEN {i4) DR VS RFTER filing fhe nofiee of appaat. Check epptica@fa 6oxssJ ~ddAW6A~.Y~d~A3.Y&9 f)~r PElEtdSl'CURNIA 5;;f.18.9hIFY 4dp._ _,~.~.~....____~_~. _ ; sst ~~~~7A~@7°: I f?areoy swear or affirm that I s;rrveci ~i a copy of the Notice of A,ppeaE, Common PEeas No. ,upon the District Justine designated therein an {da#e of service} ~~ _ ~ by personal service C~ by (carfified7 frepistered) mail, sender's receipt aita~hesi hereto, and upan the appellee, {name} , on ~__ .. , 1S_~_.._ ~ by personal service ^ by (certified) {registered} mail, sender's receipt attached hereto. andfurtherthatkservedthef-iuletaFiieaComplaintacoampany4ngthea6oveNotiaeofAppealupan4heappellee(s}towhom the #~u1s was addressed o3 E ~ .~_. ~~ 19_v___, C1 by personal service ^ ky {certified) (registered} maii, sender's receipt atfached hereto. SY1rQRN {AFF3Rhl+ED} AND SllOSCF?tBr~D L3ci=0RE it46 Ti-{tS DAY C}F 19___.__ SIg~aEUro pr otlia~at 68fpre wi;om nt/idtvip was +riede RHR Of OIIiD~fU .OlY40lb5ipR 6X[i,°2~J 00 i~ .. n F Sigrtefwe of aftrartf G ~~ (~ ~~ ~ ~ m r v ~( ~ . ~ ~ ~ ot''' z ~ c -~ ~.~ .,~ ~I ~=..OMMONWEALTH OF PENNSYLVANIA ,.~ y~OUNTY OF: CiJMBERLAND 09-3-O1 OJ Nama: Hon. HAROE.U E. BENDER address:,$1; WALNLiT BOTTOM ` P.O-.'' BOR: 361 SHTPPENSBIIRG, PA Teie,Pavee>(717-) 532-7676 ROAD 17257-0361 AMBAS"SADUR'HOME:IMPROVSL~ITS,INC 390~,7'N:.FRONT' ST HARRFSBURG,'FA 17110--1578 _. T~iIS I$ TO-NQ IFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRAN~CRIPT PLAINTIFF: CIVIL CASE NAME end ADDRESS ,, ~MCCOI,E, ANDREW D 33 S.QIIEEN ST SHIPPSNSBIIRG, PA 17257 L - ~ VS. DEFENDANT: NAMEaedaoDRess AMBASSADOR HOME IMPROVEMffi~1TS,INC ~ 3907 N.FRONT 3T HARRISBIIRG, PA 17110-1578 L 1 DocketNo.: CV-0000272-00 Date Filed: 12/08/00 ® Judgment was entered for: (Name) _1~[CC~:tz _ A11T!')RRW n ® JudgmenYwas entered against: (Name) AMRAQf; nOR HOMR TMPROVB1~fidNTC TNc in the amount of $ q ~ qq(~ _ 00 on: Defendants. are jointly and severally liable: Damages will be assessed on: This case dismissed without prejudice. ^ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ^ generally stayed. (Date of Judgment) ~ /fin] (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Past Judgment Credits Post Judgment Costs Certified Judgment Total Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT 6Y+FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, C1VIL:DIVISION: YO(1 MUS7INCLUDE A COPY OF THIS NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH YOUR NO,TICE'O.F: gPPEAL. //tt ,~ ~ ~~ s '~Q"U~ Date ,DlstrictJustice I certify that this is a true and correct copy of the record of the proceedings containing the'judgment. ,. ~,_ ` Date ,District Justice My commission expires first Monday of January, 2006 SEAL AOPC 375-99 COMMONWEAL7X dF PENNSYCilAN1A -' ~ICTICE~YiF ~ ~~ - ~COUR7 OF COMMON PLEAS FROM ~uolcus DISTRICT DISTRICT JUSTICE JUDGMENT COMMON RLEA$ Nb ~I ' ~, ]/] ~ A NOTICE OF APPEAL ' t ~ ~L ~ y ~ 7 No4es_1J~J.;le glair ih~~~~y(~fin{i"_kae plec~~rtT the akov~e ~O~Jpf of ~Qmmon f~leQS an appeal from, t}t~ ILdgtnept ~en~ete4~ t~~4ha Dlstncf JusPIr}" , pn the, j d date'ILR{ ~ ~, 4-~ meriN~el+75:r, f 'j k ~ i)r i iF ~_ Z k ' i'k .i M(,MF OF" ,t ' _ a9'• DISF N ~~ 'OF A :" Ambffiffiffi~;d01:` Eofie Imptovt7tffis Inc • 's tJ~ "~~], ADDRESS OF APPELLANE UTY - Te T'° "~ --,. ~ ZF CODE X90'7 1!f. Front S€rseC i3errlffib>ar PA' liilfl DALE-OF IUDGMENT M THE CASE OF laiaimilll _ _ (D2lendtirt9 - ~. 1/10/Ol Andrdw A. McCol:e vs Ambal3ffiedor. HoEte Im rocemente Inc. CLA4M NO SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGr~LJ~Y cv.xsc 272 oft :LT,J9 a ~ , ,Y r•. This block will be signed'ONLY when phis notafion i{ requited under Pa. R.CP.1P: No yf ap~Jellant WaS CLAIMANT (See Pa. R.C.P.J.P.yNO. 10086 This Notice of Appeal, when .received by the District Justice, will operote as a 1001(ti) In action befwe District Justice, he MUST SUPERSEDEAS }o the judgment for possession in this to;'e . FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL, ' Signature of Piothbnofacy.or,0epu[y PRAcEC~ Ei~O EI~~~l!~ R~JLE TO F14~ COMi~~.~`II~T ~{4;~IIp~4~LE T17;F}~E , ., (This,sect~n of~fgrtn tq ;be used ONLY,;wOen appellat>X was DEFENL7ANT flee P~ RG<PJP No ~1001r7f in,~ehanMbe%i~,l7~trict Justice. IF NOF USED detach front sc~ip~ of ne~GE of appeal tb be send upc~t` appepd27 "' ` a ~ ~, PIt/4ECIRE.~"To'PEO ,~§ r '`' +"tit ~", Apgi~e~:D. Mc~4~o ~~Enfer rule upoq - _~~,, appe~le~s) fo'Iile a.clahSplamF in ns a ear ~~ t ~• PP - y f, ' ame tlt appelJeelsl -: (Comnan Plees Nn ~,~!_,~~~~~lf~i~~wifhin twenty (20) days offer service of.r ~ o/r ~suf~jfer a try judgmeriD of non pros. ' - Signature of appellant or his attorney w agent RULE: To Andrara:D, McGE~].e ,.appellee(s). - Name of appellpej sJ` i e• - (1~, You oCk notn~ed that a r~ule.is hereby entered" upon,'yqu)to file ~ connplamt m ~1@;,appeaJ witlYin ~,wenty.(e20) days.Qiter=i}he date of =service of this ru~e,upott yNwr,6y personalservke Or,by:'cerdf"ieRfl~oc.reglstered~ma1 ~ $~-~ 1 (2) If you do not~f~~"nrplolnt within this time, a JUDGMENT QF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The daterrv'of this rule if sernre''ryigs by mail is the date of mailing. y s ~. '~ y, ~ r ~: Date: y~~'~~, ~ ~ - '~ t ~ 1 ~y u + P r atw~ ~4 '~.Ae#. '.gp~ ~tR~ ~ bt$ ', dTM F P* t K,~k ~ °~~ p., ,~ ~ ~ F 1h ~r ~ ~. 4. AOPC 312-90 - ~ - , „~~.T FiL~- - ~ . h _ > d ' N ~_ ' {a 0 m m ~ '~ (0 ~ v u~ ~ g a m ~ ~ , s O ~ ~ ti Lei P~.~ r=i "' vS g ,.p : m a O a+ m i9 w b U y a n 'C ~ ~m~~ U m m $-." G a~ 7 ' . r7 d~A V m N v ~ . N .e d E ® °~ ~>w OVS A 7 d q WG Ri 2Ov~ ~ O in t.~m 3 E rnnd ~ ulpi . ••u° 4, o d H- ob .zia' ~,a m O `N'~ ayc~ :q ~ "'G $~ ~ d a°OSc ~•'S Z~ ~ to a a 7~Z~ ~, o sa b v ro x x v o '~ f-0 ~ Cl N o a o w a+ o 8 Vy ~ ~ `~ .d ~ U o E N '+ a a ~ m ~ y d ~ ,~ 3+ 'J °^ m 3 m a ° LL N w p m LL z " r.0 N _~ ¢ m m x B~ N r m >_ o ° ~$ m „ . Z~ B LL m m o m $m nm ' m a o o ~~ y0 $ E Q ~~ $ O^1 r a ~ E E ° E ° a ~ nb ~ O U N ¢ ~c ¢ ¢~ ~ a . . 5 ~ m 5661 IUdv'008E wood Sd ANDREW D. McCOLE and IN THE COURT OF COMMON PLEAS OF STAGY R. McCOLE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. :CIVIL ACTION -LAW AMBASSADOR HOME IMPROVEMENTS, INC. NO.OI - x346 CIVIL TERM 309 North Front Street Harrisburg, PA 17110-1578 Defendant JURY TRIAL DEMANDED IMPORTANT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days (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 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, PA 17013 (717) 249-3166 ANDREW D. McCOLE and STACY R. McCOLE, Plaintiffs v. AMBASSADOR HOME IMPROVEMENTS, INC. 309 North Front Street Harrisburg, PA 1 7 1 1 0-1 578 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.Ol - ©'~4~ CIVIL TERM JURY TRIAL DEMANDED COMPLAINT AND NOW this 20 th day of November 2001 come Plaintiffs, by and through their attorney Joseph D. Buckley, Esquire and Complain of Defendant as follows: 1. Plaintiffs, Andrew D. McCole and Stacy R. McCole, husband and wife, are adult individuals currently residing at 33 South Queen Street, Shippensburg, Cumberland County, PA 17257. 2. Defendant Ambassador Home Improvement, Inc., is a Pennsylvania corporation with offices located at 3907 North Front Street, Harrisburg, PA 17110. (hereinafter called "Ambassador"). 3. As of July 1, 2000, the McColes were the owners of a brick dwelling home and property located at 33 South Queen Street, Shippensburg, PA 17257. 4. The McColes' home is located within Shippensburg historic district and the McColes desired to begin replacing their homes many windows. 5. The McColes contacted Ambassador regarding replacement windows and on July 26, 2000 Ambassador sent its salesman and agent Chris Lauver to meet the McColes at their home. 6. After discussing the matter and being shown display samples of windows and literature regarding the windows and having representations made by Ambassador's agent, the McColes agreed to have three windows replaced. 7. Ambassador through its agent represented that the replacement windows would fit into the existing space and that there would be no loss of window glass area, that the windows would be the type and style of windows shown in the display and in the literature provided, and that if the McColes were not 100 percent satisfied, they would receive a full refund of their money. 8. On July 26, 2000, The McColes signed a contract with Ambassador through its agent Chris Lauver to remove and replace three of their windows at a cost of $3,869.00 or $1,289.66 per window (A true and correct copy of the contract is attached hereto and marked Exhibit "A"). 9. On July 26, 2000, the McColes were given a written "Satisfaction Guaranteed or Your Money Back" warranty by Ambassador. (A true and correct copy is attached hereto and marked Exhibit "B") 10. The McColes advised Ambassador that they must first receive the approval of the Shippensburg Historic Architectural Review Board prior to Ambassador beginning the work. 11. On August 29, 2000, the McColes were approved to replace three of their windows and thereafter received a permit to replace the windows. 12. The McColes contacted Ambassador and their windows were scheduled to be replaced by Ambassador on September 8, 2000. 13.On or before September 8, 2000, the McColes paid or caused to be paid to Ambassador $3,869.00 for the replacement windows. 14. On Friday September 8, 2000, while the McColes were at work, Ambassador's crew replaced three windows at the McCole home. 15. The McColes returned home Friday evening and thereafter discovered that Ambassador had breached its agreement by not replacing the windows as promised or agreed, in that the type of glass used was not clear but green tinted glass and the replacement windows had less window area as the former windows. 16.On or about September 11, 12 and 13, 2000, the McColes telephoned Ambassador regarding the breach of their agreement with Ambassador and the problems with the replacement windows. 17. On September 25, 2000, the McColes, by certified letter set forth their complaint in writing to Ambassador. (A true and correct copy is attached hereto and marked Exhibit "C"). 18. Ambassador has refused to replace the windows with windows as promised the McColes. 19. Ambassador has refused to refund the moneys it was paid by or on behalf of the McColes for the windows. 20. Ambassador has refused to honor its guarantee with the McColes. BREACH OF CONTRACT 21. Plaintiffs hereby incorporate paragraphs 1 through 20 as if fully set forth herein. 22. By installing replacement windows which were different from those specifically described, shown and promised, Ambassador breached its agreement with the McColes. WHEREFORE, Plaintiffs Andrew D. McCole and Stacy R. McCole pray this honorable Court enter a judgment in their favor as against Defendant in the amount of $3,869.00 plus, interest and costs of this action. BREACH OF WARRANTY 23. Plaintiffs hereby incorporate paragraphs 1 through 22 as if fully set forth herein. 24. Ambassador was notified as soon as practicable by telephone and thereafter within thirty days in writing by certified mail of the defects in the materials and workmanship of the replacement windows per Ambassador's satisfaction or your money back guarantee. 25. Ambassador refused to remove its windows and to otherwise honor its warranty to the McColes. WHEREFORE, Plaintiffs Andrew D. McCole and Stacy R. McCole pray this honorable Court enter a judgment in their favor as against Defendant in the amount of $3,869.00 plus, interest and costs of this action. VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Plaintiffs hereby incorporate paragraphs 1 through 25 as if fully set forth herein. 27. The agreement between Ambassador and the McColes and circumstances surrounding it are the type conemplated by and made subject to the provisions of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Sections 201-1 et. seq. 28. Ambassador did violate the provisions of the Unfair Trade Practices and Consumer Protection Law by a. representing that the goods (the replacement windows) are of a particular style or model (clear and the same window area), if they are another (green tinted and less in window area). 72 P.S. Section 201-2 (4) (vii); b. failing to comply with the terms of a written guarantee or warranty given to the McColes at, prior to or after a contract for the purchase of goods or services was made. 72 P.S. Section 201-2 (4) (xiv); and c. by showing the McColes numerous photographs and samples of the windows and promising that the windows would be identical to their former windows and if Ambassador was could not provide the same the McColes had no worries because their moneys would be returned for any reason, all in an effort to confuse the McColes into signing the agreement. 72 P.S. Section 201-2 (4) (xxi); 29. Pursuant to the Unfair Trade Practices and Consumer Protection Law, the McColes maybe awarded three (3) times the damages sustained as a result of the unfair and deceptive practices of Ambassador. 30. Pursuant to the Unfair Trade Practices and Consumer Protection Law the McColes maybe awarded reasonable attorney fees and costs. WHEREFORE, Plaintiffs Andrew D. McCole and Stacy R. McCole pray this honorable Court enter a judgment in their favor as against Defendant in the amount of $11,607.00 plus, reasonable attorneys fees to be calculated at the close of this matter together with interest and costs of this action. ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 ~jinba,,,~ sa~or 3907 N. Front Street Hanisbutg, PA 17130 Phone 717.23p-2900 - Fu717-23A-7830 This wDtruT W made Oils Pn.-,rr~~ lob Location DESCRIPTION OR WORK AGREED UPON: Fundsh and Inafall wmdowa Ae Follows: ' 37Y18 OHTYPE on.rbi6alYp rv.nmw,6wiPv %.ha1YM C.CGmmtlYr3'L 16.9-fiaPC&61r 6B-ISYmIQwNL N6B.16v<scBal, an.Ca>mn6wN6 r4Kp M..TAeGmi 11~-aaa an.~.ma 1YM~Iam' ( pL4ld•Vla 6AY-Bb Cub-GaJm anw'~6.a48s IIM.61wp ~U betwcen Ambawdor Home ImproaremeO4lnc., referred to ~ /a / ~ ~ rereMed ro r,6 Rrryec ~! _.,. .L. _ ve 17Zs7 wnmw LaaUOn wm Sbk wm Cokr sraeen Siu ca;d Sbk ouw, -1 u 1,l rJ R ~ uH t~H 4 f Vf WRreARND01flG19DN: nwPaduda BYtl6bweuewMOm6utllbm,Imfm BWm. 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Are aah loP windaw6ubal6ills bcngcappfidt ~ •1Us ONo QWa ®Ws ^No OwmPam 'SIBByu La6a0on: ~Alymiown OPVC waled Aluminum whir: I.,L,-F~ ~~ 2.Area'vandiewvakkremaw4 rein6kgeda 6.Are new Nkriara6in8s being WkBeN OUfulAU Um wlgk. auPPN {{n~~611E1110V6dt OWb ~No fnk(OmPit) dI WA OHmrowtwin6k0 ^Hemwe OWy Loralion: LOgaon - .. Ouan6b I1. Are MU8kn6 Eein8 raniovzdt _ T.Are eakAwawimig6bbe reniorad and rew- ' OYa ~No '6kIIPAt aArearry windawa nwW kvoukt OWa P3No OYa d7 Nn Iwaeon: Locotiore Luragm: rhangWt LR Area Orgaiva ~ 4 Are rww udakrskuk beingimWledt E•Are or aAuttua bdngremoved7 la6aeore PhiMMoldingl ~ WS ONo O Puw 135 Nor ES irtl ^Oaa 125 N.I Iwta3on:~.Q La Are arty windows an tldrd gnarl - ODx 3dTlu /r,~ 9.6tlaiawuWw aPMnA: ^Yb .p No Wugm: ry 'fauaon: pAtungnum- OPVC CaMdAkminum Cdor V.l(,r~2 NOTES: _ O Iu wAu dun wNk, auPPIY cdorsamplPl YOU, THE BUYER MAY CANCELTHLS TRANSACTWNATANYTIME PRIOR TO MIDNIGHT OPTHE THU1D EUSUiESS DAYAPYER THE IN17E OF THIS TRANSACTION, SEE THEATTACHED NOTICE OF CANCRLLITION FORM FORANE%PLA NATION OF THIS RIGHT. ~~ // 3` / Z(~ H ZOUO NOPICB TO THE BUYER: mNOT SRDi TNLS CONIAACf BEP0.4B YOU AEODft YW r AHEEM'II'18DTOACOMPIEiELY PRIED•E7 COPYOFIHISACIIEEMENIATTHETIME \ YOU SIGN I,C W IT DNOWES AN RdSTNJ.MENT &llk, UNDER STATE LAW Y00 HAWS ~ 7 Z ~' ~ \ THE MCHT TO PAY OPP THE PULL AMODNP DUE DI ADVANCE AND UNDER CERTADI l\ _-- CONDITIONSTD OBTAR3APARML11E6GTEOFTHEPDLWCE CHARGE. h°"` k , MTHEEVENTililB WSTRUMENTISCONSTRUCIEDTOEEACONSUMERCREPI'f~D~1- /y~ ///, 7/6/D /YIrC TRACT, THE POLLOWDiG NOTICES CNEN: ANYHOIDEROFRILL5 CON8UMERCH6DIT (+,~[-~"nn ~ t IICn_ i . ~ CON1RACf NSORIECP70 AILCLAIMSAND OFFENSES WHICHTHE DEBTOR COOID ~ a0O ASSERP AGARiST THE SEOEH OF GOODS OR SERWCES ATTAWED PURSUANY HERZ ~ -. TO OR WRH THE PROCBeD.3 HEREOF. RECOVERY HEREUNDER HY THE DEBTOR ~Ju ~ ' ~ l ~ SNAIL NDT E%CEEDAMOUNIS PND EYTHB DEBTOR HEMUNDER i~i " ~ - - ~~ EXHIBIT "A" - Notice ' Additional terms nrid conditions: - ' The terms and conditions of this contract are incorporated herein by reference and constitute an integral part of this contract. Buyer{s) ackagwledges the Company has orally disclosed tp Buyer(s) prior to entering into this contract [ha[ representative has copies aF warrantes of the warranted products offered Cor sale'which Suyer(s) acknowledge they have had ap opportunity to inspect at any time during ffie sales presentation. Buyers;) furUter epeciCtcally acknowledge that prior to entering into this contract, they have read the limited warranty and other terms and conditions as set forth on the reverse sfde of this contrail. Each Buyer aclmowledges that 6e was orally informed at the time he signed this contract of his right to cancel this contract. 1. I[ is expressly vndentood and agreed that this wntad is binding immpdimdy when signed and is non-cancelable ihereafkr ,xcept as contained in the Huyerlsl Nance of Cancdlanon a[tachcd hereto and made a part of thu contract by reference. ' ~ ~ v ~~ 2. It is expressly understood and agreed Nat Company shall 6e entitled to lieuidakd damages in the amount pf 331!5%of [lie wntrecl price,"but in no mse less Ulan , 51000.00, m Ne even[ rasa agreement is kvninatbd without the consent of Company, uNess kmdnated wiNin Three (31 business days az provided in the aforesaid Buyer's Notice of Cancellation, and therrafler in the event work has been done in awor3ance with the terms of Usti contract then Company shall he enUUetl k Ii9uida[ed damages m the amount of 25%of [he wntrae[ price Dlus Ne pmpartionak price of any work pedormetl, including but not IirNkd to Ne ordering and manufacturing of any win- dows or other nukrials. 3. NI nmmiscs, understaMings and agreements of any kind pertaining to this contort not men0oned herein, are hereby exdusivelY waived; and i[ is agreed that This iruWment sIW I wnxnlute the entire agreement between the parties and shall not be modified in any manrar except in writing signed by all parties. It is further under- aoad and agrwd Rio[ the rights antl liabilities herein given to or imposed upon any of the parties shall extend to Ne aucwssors, executers, administrators and assigns of such parties az though they were in each rase earned. 4. IJS agreed that in no evhn(shah the [lability of Company exeed the contract price. I 5: Thesaid Buyer hereby agrees upon substannal completion of work az herein wntained to execute and deliver to Company a Cenitiwk of Completion and pay rosy balance due. ~ ~ ~ ' 6. Company does not guaanke against any eondiUam aver which it has no control, such as natwal chnackdsties of mw makdals or finished DrodwtC vor against s Wctsuai damages or conditions, nor against foreign maUer Thrown agalnsi any buildingornewprpdwG nor from damages eased by othem; ear tram fin. lightning, hail, windstorms ar ac[ of Gad; nor hom the misalignment of Buyer's present windows or dwr fames, uUlement of the buiMing ar condensation wndi[ionz 7. During insklhtivn if it is necessary to use Ute ¢xteror grounds and yard to attain access lD pedomt Ne wmk the Comwny wnno[ be resPUrnible far any damage done tu shmtbery dowers, landscaping. gass;driveways, walkways, ek. - & Company and Buyer agrce that any aeoon for breach of this <onnact including any action for breach of warranty, must 5¢ commenced w'it1Un one year a(kr Ne rouse of action tux awm¢d. __... 9. It is agreed that GomDany shall Gave the right at any time to sel4 tramsfer or assign this connact and,ihe mania tu 6e paid under Ibis contract. ' 10. Tee contract price herein includes oNy the items ywchazed. Any addinorul work requssted by the Buyer shag be charged'm addition to the contract price; pro- ~vided, however, that the Company shall advue Buyer o(the additional charge prior to Ne commencement of addiOonal work 11. Buyer understands that na inside work such az plazkring, drywaa, masowy, paneling, painting, staining, replacing or covering inside sills, etc, will 6e done by Comparry and That windows pumhazed will be installed into exisdngjamhs, headers and sills unleu olherw¢e specified. Buyer furltier vndersUnds that Company cannot Abe held rewonsiblefor the condition ofexisnng windows and other produ<tsbcing removed and that Company wi0 remove all job connected debris, including the products being replaced, udess otherwise scecified. - '. .. .- _ _- . - . _" "~. _ .....,_._ ... _ _ -12. Buy¢radmawlulges that the prime repUcemenl windows and doors may not eliminate condensation and inside moisture formation ss it u caused by excessive in- house relatives humidib and kmDeatwc cpanges ar extremes. Moisture between the glass is wamanled. See limited waaan[y below and specific window warranty. a 13. Workers' wmpensation and liability insuanw,is carried by the Company_ and is applicable [o the work to be performed under this <anlract. Work u to be per- '--~ tanned accords to Com ~ - - - ng Pony sPeQ6w[ions" ..: !. , . Limited Warranty ~~~~~~ Company wamann only to those persons identified herein as Huyerlsl all labor prrfomu:d w imtailing the materials speciUetl in this contact ro he of duality e ,p._ manship fora period ofthree(3j years{rom daft ofwmpieGon Df the work apwiUed in this contact. The remedy under thu waranry shat b¢exciussvz,ytunitedtomec„i- recUon along problems cauxd by improper installaoon of materials. Buyer(s) shall promptly ratify Company by regtitered ronB of any claimed defects witk~in shiny (30) days ofdkcovery. Company shat lave no ohligation to correct any problems rausedhy improper installation of materials uNess it receives G'mely notice. The notice shag be mailed to Ambassador Home ImpmveroenU, Inc., 3907 NoM F}ovt Shee4 Haaiehurg, PenvaYlvarda, 17110. Notice shalt b¢ deemed W have heen given when netting received by Company. Company makes no express ar implied wasanUes with respect to the materials specified in this contact Further. Company apeeiBedly dis- ¢laime any Ifabillh', obligation or aapambiliry foe ar 3v wnnecdan with the oceanic warmntiea of the mavu(aeturer otmat¢rlata installed by Compare iv Uk par- forrvanu of work apccifsed is this wntract. ~- - - CPmwny's wan-anty shat not apply to labor performed N the ins Wlation a[ ma[eriak specified in this contract in the event damage has 6wn roused by either (D Buyer's (a0ure to properly maintain and are far the work or (2) any accident, afeation, abuse or mouse of the work and/or makrial ar !51 fire, Oood, mcessive winds or other acts of God. COMPANY MARES NO IC[PRESS WARRANTIES NOT TO BET FORTH IN WRTTINC HEREW. ALL EXPRESS WARRANTIES CONTAINED HEREIN ANDALL LMPL~D WARRANTIES BY COMPANY INCLOD W C IMPLIED WARAM"fIES OF MERCRANTABRS7Y AND IMPLIED WARRANTIES OF FITNESS FORA PAR- TICULAR PU{tPOSE, 1£AM;TERMlNATE AND ARE VOID AS TOANY DEFECTS OCCIIBRING MORE THAN THREE (3) YEARS AFTER DATE OF CbMPLE'T1ON OF THE WORK SPECIFIED HEREIN. " y r- .. .;.. ~ .~-rl- I ':4iY11`- -y r.. 3[yd '.'{7x s., Iti „{; Satisfaction Guaranteed Or Your Thank you for selecting Ambassador Home Improvement to supply your professional remodeling project. You may be assured that our products and services are of the highest quality and performance. In fact, we aze so confident of this statement, we offer you this exclusive money-back guazantce. Ambassador Home improvement's time tested commiunent to you is supported by this guarantee and my personal assurance that ' you wiU be delighted with the quality of our workman- ship and materials. Over the years you wilt experience why Ambassador Home Improvement is the only home ~ improvement company that can make this offer. WarmeDst personal regards, `~ ~ ~ Joe Zisman President EXHIBIT "B" QUALIFICATIONS: Ambassador is so certain you'll be delighted with your purchase, we are offering this exclusive money- back guarantee. To qualify for this guarantee, the following condirions must exist: 1. The contract must be paid in full. 2. For your protection, Ambassador Home Improvement must be notified of your complaint, in writing, by certified mail within thirty (30) days of completion of the original installation. 3. This guarantee covers defects in materials and/or workmanship on Ambassador's Quantum Windows installed by Ambassador Home Improvement. 4. Ambassador has ninety (90) days to remedy the complaint. 5. If at the end of ninety (90) days Ambassador is unable to reasonably satisfy the complaint, you must replace the Ambassador window units with new replacement windows and make the Ambassador windows available to Ambassador. 6. This exclusive guarantee does not cover reasonable wear and tear nor conditions or circumstances beyond Ambassador's control including condensation resulting from or due to a preexisting condition which is a p~sult of lifestyles'./ I agree with the above qualif' St Customer Name: Str e[ Address City/State/Zip ea Code/Phone Customer(s) Signs e Ambassador Rep e s re r Agreement ent into day of , 199; >~ . L ~R ~;iltNll ' ~{l11.~4~ September 23, 20D0 /3etvMt: Z4Wtiat, We woubl tike to thankyaifayaur assistance hi oorrecdng the problems with the Qtranhun ll windows recently histalled in ourham~. Although ymi have verbally ro/dus It Ls not necesaay toforward a certified letter fo ymir office, as the salg~icdon guaradee requires, we are doing so. We are nolpteased with our QuaNwii ll wtmbws. We were very muchlootWtgforward to lmingnew windows trestalled in oar dvlrtgroom. AJPer meedngwlth ymirsalesmmr we were old shot die sattsfaetMn gaarauee wouldaldow us M retain the wiiu~ws foracomplete refwd jjwe were rot awiipletelysatisfttd with theiix As we have toldyou insevertd phone oottwersattars we tae rtwt sr~"redfardtefollowing rrasuns: I. We were Ladd thna the windows wouldJit hno tits erLstipgspace axl that we world rot lase rttry ojdie wtndowglrtss iii ddsproces~ Your wuidowsare r,~pmximately 4'incleesfrom each side and 3 Liches top and bodom ofwhite swroirnd T7iis sigiiifiaantly reduced the amount ofghus in the window. 2. We saw two of jrmrsanple windows before deciding topurchase d>e aJbre mengoned windowx Neitherojthe ' wh>~vs were a true represenurdon of the reph~ments we received 79iese witdowsdidnot a~ to be green when looking through them, the windows diaryour company irwWUed into our home have an umnistakgble green hue. Ties color has been noticed byseveral people who Rave remarked "'What is wrong with your Wi>odows?:. ~r wd/king Fixo our home. We were nrtsl-ifornKd byyour salesman on the above !items; the sire of the whitlow and his misrepresentation of die sadsfacdon guatatnee.:4ldwagh you,mayiiotfeel dwt'these represent the quality or workmanship of the window they do not lookfavorably upon the integrity of your canpary. Further, we do feel duitwe were promised a high quality window that would compliment ow home. As mentiorced above this is hol the cast. Wefee! that die window does hot re,/fect ilia quality that we were ptotntsed because It is net the window we were shown or the wtrrdow that we were raid would be tnsmlled in our home. Again, the wi-ulow is darker than rile ono we were presented when the salesman acme to ourhome ardmwab smaller Ahai we wars Hold m expect: It ds impasstbAeforhomeowrmrs mactualty view the window in thebhome when purchasing.said window. It beaomesneceswrry to mist the cosnpraiy'srepresen&aloe when theyassare you Jbat the window is what you have described andfurther teAyouthat iJdiere isa problem the'campany offersal0038salis,/acdan giraradee, with afn!lrefand We hadfai-htn your twtnpaiymxl believed Jhat we would love our new wi~ulows: This is ruu Ntr case Arid wt ere byingto work wish roil ro ieknlve this issue. We will have die reslaradon castpaiyfawarda t~py ofthe 1»-nice for the windows drat ore what we watt toyou. Agalµ we are sorry the this has had to happtr; however we werelnformed that die windows purehasedfrom yma compay were the windows that we now intend topurclms~e through dw restoration y~ Sincerely. ,,~r~ ~~~~ , EXHIBIT "C" AmbewMcCole VERIFICATION We, Andrew D. McCole and Stacy R. McCole, the Plaintiffs in this action, verify that we have each read the foregoing Complaint and to the best of our individual knowledge, information and belief the statements made therein are true and correct. We understand that the statements made herein aze subject to the provisions and penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifications to authorities. SQ~'IC~f~u~,~G Andrew D. McCole ~~(~~U Stacy R. M Co e DATE: November 20, 2001 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING COMPLAINT WAS DULY SERVED UPON THE FOLLOWING PERSON VIA FIRST CLASS UNITED STATES MAIL, POSTAGE PREPAID: RONALD D. BUTLER, ESQUIRE BUTLER LAW FII2M POST OFFICE BOX 1004 HARRISBURG, PA 17108-1004 Date: November 21, 2001 c~ « -; ~,. ;, ~:_~ -- ~ - .- .> ; ~.: ~ ;; ..~. ,-,, ~~J _3 "U ~r~ ~~ ' ~ ' r ~' . 7 - C : ~ r„ ANDREW D. McCOLE and, STAGY R. McCOLE, Plaintiffs v. AMBASSADOR HOME IMPROVEMENTS, INC., Defendant «, ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0398 CIVIL ACTION -LAW ANSWER AND NOW, comes Ambassador Home Improvements, Inc., by and through its attorneys, Butler Law Firm, and files this Answer to Plaintiffs' Complaint, and in support thereof avers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted in part and Denied in part. It is admitted only that Plaintiffs' home is located within Shippensburg historic district. Defendant is without sufficient information or knowledge to form a belief as to the truth of the allegation that Plaintiffs desired to begin replacing their homes many windows. Plaintiffs purchased only three (3) windows from Defendant. As such, said allegation is denied and strict proof thereof is demanded at trial. 5. Admitted. 6. Admitted in part and Denied in part. The allegations made in this paragraph are admitted except for the "representations" allegedly made by Ambassador's agent. Defendant is unable to determine the nature and content of the representations referred to in Plaintiffs' Complaint. As such, said allegation is specifically denied. 7. Admitted in part and Denied in part. It is admitted that Defendant represented that the replacement windows would fit into the existing frame and that the windows would be the type and style of windows shown in the display and in the literature provided. However, it is denied that Defendant represented that there would be no loss of window glass area. Defendant's guarantee policy and qualifications are set forth in Exhibit "B" to Plaintiffs' Complaint, which document speaks for itself. Defendant made no representations to the contrary. 8. Admitted. 9. Admitted. 10. Denied. Plaintiffs told Defendant that they thought they might need prior approval but were not sure. 11. Denied. Defendant is without sufficient information and knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 12. Admitted. 13. Admitted. s 14. Admitted. 15. Admitted in part and Denied in part. To the contrary, Defendant did not breach the parties' agreement in any manner. The replacement windows were as represented to Plaintiffs. The type of glass used was identical to the samples shown to Plaintiffs. It is admitted only that there was less window area, but this was fully explained to Plaintiffs prior to installation. Defendant represented only that the existing frame would be used. Because the replacement windows have their own frame as well, some loss of glass space would be anticipated. 16. Denied. Defendant is without sufficient information or knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are denied and strict proof thereof is demanded at trial. 17. Admitted. 18. Admitted in part and Denied part. The allegations made in this paragraph are denied insofar as they suggest that Defendant in any way promised to replace the Plaintiffs' windows. 19. Admitted. Byway of further response, Defendant did not refund Plaintiffs' money because the Satisfaction Guarantee (Exhibit "B" to Plaintiffs' Complaint) covers only defects in materials and/or workmanship on the Quantum II windows. Defendant's investigation revealed no such defects in materials and/or workmanship in Plaintiffs' windows. G 20. Denied. To the contrary, Defendant has not refused to honor its guarantee. As explained in Defendant's answer to paragraph 19 of Plaintiffs' Complaint, the guarantee did not apply to the case at hand. BREACH OF CONTRACT 21. Plaintiffs merely incorporate paragraphs 1 through 20 of their Complaint. 22. Denied. To the contrary, Defendant installed replacement windows as specifically described, shown and promised to Plaintiffs. The only difference between the samples and the replacement windows used on Plaintiffs' home is the color of the frame, which was fully explained to Plaintiffs prior to installation. The allegation that Defendant breached its agreement is a conclusion of law to which no response is required. WHEREFORE, Defendant, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice and grant such other relief as is proper and just. BREACH OF WARRANTY 23. Plaintiffs merely incorporate paragraphs 1 through 22 of their Complaint. 24. Admitted in part and denied in part. Defendant admits only that it received a certified letter from Plaintiffs. Defendant is without sufficient information or knowledge to form a belief as to the truth of the allegation that Plaintiffs telephoned Defendant. As such, said allegation is denied and strict proof thereof is demanded at trial. • 25. Admitted in part and Denied in part. Defendant admits only that it refused to remove the windows. It is specifically denied that Defendant refused to honor its guarantee to Plaintiffs. WHEREFORE, Defendant, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice and grant such other relief as is proper and just. VIOLATION OF THE UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Plaintiffs merely incorporate paragraph 1 through 25 of their Complaint. 27. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. 28. a. - c. Denied. The allegations made in this paragraph and all subparagraphs thereto constitute conclusions of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 29. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. 30. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. !. WHEREFORE, Defendant, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Plaintiffs' Complaint with prejudice and grant such other relief as is proper and just. Respectfully submitted, BUTLER LAW FIRM Attorneys for Defendant By. ~~ ~~iX Nl~.~ Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 P.O. Box 1004 Harrisburg, PA 17108 (717)236-1485 BEC.-11'D1fTUE) 12:51 BUTLER LAW F1RM TEL: 711 236 7711 P. 002 vE~c~l I, ~rute~ ~~'u'; c~~,cl. of Ambassador Home Improvements, Inc., hereby certify that the facts set forth in the foregoing Answer to Complaint are true and correct according to the best of my lmowledge, information and belief. 1 understand that any false statements herein are made subject to penalties of 18 Pa. C.S. X4904 relating to unsworn falsification to authorities. Dated: 2 es o L ANDREW D. McCOLE and, : IN THE COURT OF COMMON PLEAS OF STAGY R. McCOLE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO.O1-0398 AMBASSADOR HOME IMPROVEMENTS, INC., Defendant :CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the ~ day of December, 2001, I served a true and correct copy of the foregoing Answer to Plaintiffs' Complaint by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 ', ,r` Jana B ler Toole, Esquire Attorney for Defendant LD. #80574 500 North Third Street P.O. Box 1004 Hamsburg, PA 17108 (717)236-1485 ANDREW D. McCOLE and STACY R. McCOLE, Plaintiffs v. AMBASSADOR HOME IMPROVEMENTS, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-0398 CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE TO Prothonotary: Please enter the appearance of Robert B. Lieberman, Esquire, as co-counsel for Defendants, AMBASSADOR HOME IMPROVEMENTS, INC., in the above captioned arbitration matter. DATED: T ' 2) ~ ~ ~ ~~. Robert B. Lieberman, Esquire 500 North third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108-1004 (717)236-1485 Attorney for Defendants C~ ftii r~ `~° ;7 GJ', ie- h.~,a ""_ t7; -: rte:. r.aC` ~ P~ ~ft1 .. ~ ~ .~ '~'ij.'+~ A i ~ -'t3 ^C r J// e r S ANDREW D. McCOLE and : IN THE COURT OF COMMON PLEAS OF STACY R. McCOLE, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO.Ol-0398 AMBASSADOR HOME IMPROVEMENTS, INC. Defendant :CIVIL ACTION -LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY Please discontinue the above captioned matter with prejudice as it has been settled by agreement of the parties. Thank you. Respectfully submitted Date: 7 ,2002 ph D. Buc y, Esqui e Attorney of th laintiff ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717) 249-2448 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING PRAECIPE TO DISCONTINUE WAS DULY SERVED VIA UNITED STATES MAIL FII2ST CLASS, POSTAGE PREPAID ON THE FOLLOWING PERSON: Date: ~~~-~.- 7 RONALD D. BUTLER, ESQUIRE BUTLER LAW FII2M POST OFFICE BOX 1004 HARRISBURG, PA 17108-1004 ,2002 /V ph D. Buc 1 y, Esquir n ~ n ~, r. _:; -=. c... ~ r~rr r `= ~'_r-, -- i ; ~- ~ . _ ~ J :: ; P~. ti~ _~ Andrew D. McCole and ) Staci R. McCale, ) Plaintiffs ) ) Ambassador Home ~ Improvements, Inc., Defendant 0A~ Ide do solemnly swear (or affirm) the Constitution of the United States wealth ~ndtt}hat~we wil discharge ~; --. F~~~ ll6 { J ~, _} .r.l .~. ~ T C ) 1 _ _ , "-' r ~_ i :. ~ ~~ r C y_i `,t t i, ~~ 'Y7 Ia The Court of Common Pleas of Cumberland County, Pennsylvania No. ,2001-0398 CIVIL that we will support, obey and defend and ,the Constituti,oa. of this Commoa- d es of our office with fidelity. . David A. Baric, Esquire __ Chairman i ~ Elizabeth Beckley, Esquire yk~,w-- David Galloway, Esquire ide, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately state ) ~N ~i11'V'Vd72 Qom- ~N1NTl,~FS ~d'~- ~G~ d'uWl dl~ -3,~~iq. ~ /JLGcS ~as'~' 07-~ ~82.~ ~'-uS i.~~'cs'rt~~' ~- ( /~ ~a`ir~t .~l,Nr~y ~o, Zad / Arbitr applicable.) Date of Hearing: ,/04/30/02 Date of Award: `t 0?/ NOTICE OF ENTxs ur awaxy Now, the 3c~, day of ~ r ~ ~ , o~ U 0~ , at ~ 1', / ~..i. , award was entered upon the docket and notice thereof given by mail parties or their attorneys. Arbitrators` compensation to be paid upon appeal: s ~y ~ `K' , the above to the ~ -"~sl+tGw „"'. -..- acser'~a:.atix_.~,;r:a»ssvuss~msxu.~ .:.. .. _ R ~' N ~~ i~ ~'' ~ ~. ^c A ~ ~. ~~ ~,-, ~ ' ~. c ~~ ~ ~~ c ~ ~' ~ ~ ~~ fi -,C ~' ~, M ~^ n n'1 `/ Y A l `~ V