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HomeMy WebLinkAbout03-5825COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common P~eas an appeal front the judgment rendered by the District Justice o~ the date and in the case mentioned below 10/7/03 Ashley Furniture Co. 6484 Carlisle Pike Peggy & Kenneth Glasgow CV 19 284-03 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy 09-3-04 Mechanicsburg PA 17050 vs Ashley Furniture Co. If appellant was CLAIMANT (see Pa. FLC. P.J.R No. 1 O01 (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 o! form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, de~ach from ccpy of notice of appeal to be served upon appellee). PRAECIPE: To P~othonotory Enter rule upon Peggy & Kenneth Glasgow , appellee(s), to file a complaint in this appeal ~Name of (Common Pleas No. ~ ----~ {f~'~;~,l; L ~"'r'*~) wlthin twenty ( 20, days after set ¥ic,~~udgment o, non peas. RULE: To Peggy & Kenneth Glasgow , appdk~s), (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service 0f this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS W1LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE 1'0 FiLE COtv~PLA~NT ,T p 0 /~U~T ~E ~;~;' ~ ,~ ;f TE~r~ t~ D~Y~'AF'~-'~ ~f~;~ ~.,~.~ ; ~F~V~T ~ er, ~*wearo~a~frmthat sewed bROM : ASHLEY* FURNITURE HBG PAR FAX NO. COMMONWEALTh{ OF' PENNSYLVANIA OUNTY OFL CUMBERLAND 09-3-04 , ~ THOMAS A. PLAC~Y a~s. 104 S. SPORTING HILL RD. :' MEC~ICSBURG, PA T'l~phsne (717) 761- 8230 17050 ASHLEY FURNITURE CO. 6484 CA~LISLE PIF~ MECHANICSBURG, PA 17050 Judgment: Judgment was entered for: (Name) ~ Judgment was entered against: (Name) : 6714B13 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE FPEGGY ~ ~TH e~s~W 2 HILLCREST ~O~, PA 17025-2616 ~ASHLE~ ~I~E CO. 6~84 ~LISLE PI~ ~ICSB~G, PA 17050 Dooke~ N~: CV-0000284-03 Da~e Filed: 6/03/03 m the amount of $ 1,44.'~ -44 L~ Defendants are joir~tly and severally liable. ~ Damages wilJ be assessed on: ~ Th~s dismissed without case prejudice. ~ Amount of Judgment Subject to Attac,hment/42 Pa.C.S. 638t27 $ ~ Port~on of Judgment for physical damages arising out of residential tease $ on: (Date of Judgment) I 0/D7/0~ (Date & Time) IAmount of Judgment $ 1~ 376.94 Judgment Costs $ 66.5C Interest on Judgment $ · 0(] Attorney Fees $ . OC Total $ 1,443.4"~ POSt dudgmem Credits $ Post Judgment Costs $ Certified Judgment Total $ . ANY PARTY-HAS THERIC'HT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRy OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH Tile PROTHONOTARY~CLERK OF THE COURT OF COMMON PLEAS; CIVIL DIVISION, YOU MUST INCLUDE A CODY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE QF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE ~OR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEA~, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER "ROCESS ~Ep BY THE DfSTRICT JUSTICE, UNLESS THE JUDGMENT IS ENTERED IN THE CO~T~ %'OF COM~PLEAS, ANYONE IN~¢~N,,, THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH TH~TRIC%JUST~E IF THE JUD~ ~EBF0~ ~S IN FULL, OROTHERWSEOOMPLE~WTHTHEJUDGMENT ~ ~'", ~' ~ ~ //~ /% %~ S % ,' ' ':: r aertify that this is a true a~ correct coov nf [ha r~rd nf t~ p~ceedmgs ~ontain~ng the judgment. ~ [~ '1 [/,~ Date ~/~ ~ ' , District Justice My commission expires fh'st Monday of January, 200~ . SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th/s p~oof of ~e vice MUST [3E ILED WITH N TEN tO) DA YS AFTER ~ ing h~e neEce of appea~ Check applicable bo~e~) CO~ONWEALTI4 OF PENNSYLVANIA DAUPItIN COUNTY OF AFFiDAViT: ;e*'eivV ~wear or affirm that ~ served ~ a cory of the Nodce of Appeal, Commoe Pleas No. date of ser~/ce. NOV. 7, 2003 , LJ byperso~Iservioe [~ by(cer tsd)(re~se~'e~r ~ ,sender's ~eceipI attached hereto, and up0~ the appellee, (¢~ame) ..... ~.~y and Kenneth Glas~o~ on No~. 7, , ~ [] by persof~al service ~ by (cert fled) (registered) ma~l, sender's receipt attached hereto F~ ~d f,;rthe~ t mt t served the Rule to Fi e a Complaint accompanying the above Notice of Appeal ( pon the appellee(s) to whom the R~e w~s ~ddmssed on Nov. ~ Z~¢~ ~ by persor~al service ~] by (cedified) (registered) SWORN ~) AND SUBSCRIBE~D BEFORE ME THS ...... ....... DAY OF November , ~2~3 Ron~ Signature of affiarff ~Np~ry Public NOTARIAL SEAL CHERYL L. FERGUSON Notary Pub c Harrisburg Da.uphin County I M__~.~.i_ssi_q~.F.~jre__s.~pr 6, 2004 Postage Cedified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here m Postage Cerd fied Fee Ret Jrn Receipt Fee {Endorsement Required) Restricled Delivew Fee (Endors~ merit Required) Total F ostage & Fees Postmark Here PEGGY & KENNETH GLASGOW., Plaintiffs VS. ASHLEY FURNITURE CO., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 5825 CV 2003 : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 3rd day of December, 2003, I served a true and correct copy of the foregoing Ten Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Peggy & Kenneth Glasgow 2 Hillcrest Road Enola, PA 17025-2616 ('~ ~P~ttomey for Plaintiff I.D. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 PEGGY & KENNETH GLASGOW., Plaintiffs VS. ASHLEY FURNITURE CO., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 5825 CV 2003 CIVIL ACTION - LAW IM_~ORTANT NOTICE TO: Peggy & Kenneth Glasgow 2 Hillcrest Road Enola, PA 17025-2616 DATE OF NOTICE: December 3, 2003 YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS pAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 or (800) 990-9108 ~ana~tler Toole, Esquire Attorney for Defendant I.D. #80574 500 North Third Street, 12th Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT 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 belo~ 6484 Carlisle Pike lO/?/oz C¥ 19 LTl9 Peesrv & Kenneth Glasgow 28~-03 Hechanicsburg PA 170.50 vs Ashley Furniture Co. This block will be s~grmd ONLY when this notation is required under Pa. R£.P. JJ). No, 1008B. This Notice of Appeal, when received by the District Justice, will operate as o SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary c~ Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 form to be used ONLY when appellant was DEf~ENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy ol notice of appeal to be served upon al~ellee). PRAECIPE: To Prothonotary Enter rule upon PeKLK,~ & Kenneth Claegow , appellee(s), to file a complaint in this appeal Na~e of appellees) RULE~ To Pe~/ & Kenneth OlaR$o~ , appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days afte~ the date of service of this rule upce..~yqu ~ay per~nal service or by certified or registered mail (2) If y~...q~f~ n6t'fihi .a'complamt w/ith~,n tNs hme. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The. c~T service of this rule a'f:~er~ was by mail is the date of mailing. AOPC 312-90 PEGGY GLASGO%4 and KENNETH GLASGOW, Plaintiffs VS. ASHLEY FURNI?URE INDUSTRIg$, INC., T/A AS}~LEY FURNITURE HOMESTORE, TilA ASHLEY FURNITURE CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- CIVIL ACTION - LAW NOTICg 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 ~ithout you and a judgment may be entered against you by the court wit~hout further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money o~ property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYEr, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN P~OVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cu/~berland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249~3166 OR (800)990-9108 ~.o T.Tc ~ ~ Le Lan demandado a usted an la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificac~on. Usted debe presenter uno apariencia escrita o en persona o p~r abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas ¥ puede entrar uno orden contra usted sin previo aviso o no%ificacion y por cualquier qu~ja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes ~ara usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICI©, VAYA EN PERSONA 0 LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA L~GAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 OR (800)990-9108 PEGGY GLASGOW and KENNETH GLASGOW, Plaintiffs VS. ASHLEY FURNITURE INDUSTRIES, INC., T/A ASHLEY FURNITURE HOMESTORE, T/A ASHLEY FURNITURE CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW COMPLAINT 1. Plaintiffs are Peggy Glasgow and Kenneth Glasgow, adult individuals ~.:ho reside at 2 Hillcrest Road, Enola, PA 17025. 2. Deli~endant is Ashley Furniture Industries, Inc., t/a Ashley Furniture HoimeStore, t/a Ashley Furniture Co., a retail furniture store with i~s place of business at 6484 Carlisle Pike, Mechanicsburg, PA 17050. 3. On or about September 2, 2002, Plaintiffs purchased from Defendant at its store, by a written contract attached hereto as Exhibit "A", a reclining sofa and reclining chair, for the price of $1,376.94, including sales tax, paying $200.00 as down payment and paying the full balance a few months later through their credit card. 4. In October 2002, the aforesaid merchandise was delivered by Defendant to Plaintiffs' home. 5. Defendant gave to Plaintiffs several written warranties, one of which rel.{tes to a one year warranty of the fabric involved in the purchase, aLd warrants against the "tearing, flattening of nap, pilling, facing, or shrinking...". A copy of this warranty is attached her(~to as Exhibit "B". 6. The merchandise was received into Plaintiffs' home and used in an ordina.~y manner and subjected to the usual good and proper care by which Plaintiffs care for all their household personalty. 7. On ~or about November 2002, Plaintiffs noticed that the fabric on both i~ms purchases was starting to show pilling, fraying, splitting, r~lnning, tearing and separation of the material from the piping. 8. Pla~intiffs notified Defendant of the foregoing problems and deficiencies and sent out an inspector to their home, who did in fact inspect the items on January 18, 2003 and took pictures and advised that it looked clearly like a run defect and that Plaintiffs should be given new mei-chandise. 9. Defendant has failed return Plai~tiffs' money pursuant to the warranty. and refused to replace the merchandise, or otherwise fulfill their obligation WHEREFOi~E, Plaintiffs demand judgment against Defendant in the amount of $1~376.94 plus District Justice court costs of $66.50, for a total of plus interest and subsequent court costs. $1,<~43,44, 9-q-03 PEGGY GLASGOW and KENNETH GLASGOW, Plaintiffs VS. ASHLEY FURNITURE INDUSTRIES, INC., T/A AS~[LEY FURNITURE BOMESTORE, T/A ASHLEY FURNITURE CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW VERIFICATION I, Peggy Glasgow, being one of the Plaintiffs, hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities. Dated: EXHIBIT "A" -- -' Thank you for your purchase and we took forl.*~ard'to serving you in the future. L~sted below are our store policies. Reto/rn Policy IJelivery Policy All COD balances of $1000.00 or more must be in cash or ce~ified check. We a~ologize for any inconvemence [~av cause. You are Pick Up Policy All pick ups must be ,~ang~d 3 days m adwnc~ All merchandise must be inspected before lea~ing our prem~e$, ff a cttstomer chooses not m inspect, they ass~ all responsib~ a~ ~c~pt all I~bEi~. ~Ll~g~ ~es~ muttipl,: piece orders must ~ picked up at our warehouse %]f~g up at ire store ~t :s the custo~rs ms~nsibility to bring help to load; blankets or pads to wrap ~e fu~ and a larg0 :hough ~11 p~ap merch~dise is eady to assemble. ~A.W~y Policy There will ~ no refunds on lay.a.ways, ~ly in store credits will ~ issued Your lay-a-way will ~ orde red after 5~ of the pu<h~se ~ce h~ been p~d. If a lay-a-way is c~celled there will ~ a 10% rust.king fee ~ses~d. ~e remainder of ~e deposit will ~ issu~ ~s an in store c~dit. S~ice Pol~y A~hlcy Fu~turc Home Sto~: services everything it sells in accor~c w~th m~ufacturera s~ted w~rantms, exce~ ~ ~,floor sample and cle~a~e items for one yea from da~e of delive~ We will repair ot wplace at ~6 option of ~hc manufacturer an~ without ch~ge. ~y We will make evc~ effort ~ ~ satisfy you. be~ we can do nothing tv change commercially ac~ptable merchandise,~h ~ variations in color of fabric and woods. V~iufi~ns in finish and graining ~ exacted, even among matching piece. There also may'~ variations m de,ail of m~ufactaring. Most fumitu'c is still l~gely hand assembled and finishS. For ex,pie c~shions c~ wrinkle, so~ such ~s pine will dent and s~ight su~dicial ~arks may be present on w~ sudaces. Circumst~ces such as these ~e normal ~d Nicks and scra~cbes mu~t be ~ned within 7 ~ays of d~llvery or pick up. . If yea picked ~p yo~ fumit Jrt, you ~c rcs~na[ble for ~tu~ag it to our w~ouse for ~c~ice or pay a ~s~fion cost for ~pla~mcm All w~ties will ~ null and void if after iOspcction of ~hc mcrc~ndise, it shows signs of misuse F~6c is no~ gu~ant~d aga nst W~; fading~ w~nk~ing, pilling or ff se~ice ~ ~eded ple~e t a~ 920.2345. If ex~ended wa~amy ia purchased and thc m~ufacturcra wa~amy h~ expired, please call thc toll free numar fo~ ~c w~amy comply found ~neral All clearance merchandise md "As 1~ Floor ~p~'; ames arc final. No retu~s, No Exchanges, No se~ice, No Refu~s, No Credits NormaPrecc~ving dmc on aL pr~ucl in 28 daya~6 ~ nm ~a~nsible for manufacturer delays. EXH ,tT "A" WHAT I,~ "PILLING?" WHAT ARE ITS EFFECTS ON MY FABRIC? AND WHY IS IT NOT COVERED BY WAIRP, ANTIES? Pilling is a characteristic of many upholstered fabrics that results in excess fiber coming offthe surface of the material. This release of excess fiber results in small "balls" or "pills" of fiber forming on the surface of the cover. This condition is not warranted by the fabric mills because it is not seen to be a defect, it is simply excess material being released. This is similar to the "fuzzing" experienced with new carpet, or the pilling of a new swea(er. The concern on the part of most consumers, is that the fabric is disintegrating and will ultimately leave a "bald" area on the cover. That is not the case. As with carpets and sweaters, the pitling will persist until the excess fiber is gone, and then it will cease. The best treatment while this is happening, is simply to "shave" the cover with a battery-operated furniture or sweeter shaver to remove the "pills" and restore the look of the cover surface. This may need to be done 3 or 4 times, but the pilling on the surface will begin to diminish and ultimately stop. Periodic vacuuming of your upholstered furniture is recommended. We appreciate your taking the time to read this article, and your patience with this issue, LA-Z. BOY CHAIR COMPANY KNOW ALL MEN BY THESE PRESENTS that PEGGY GLASGOW and KENNETH GLASGOW, for and in consideration of a Ashley Furniture Homestore credit in the amount of One Thousand Three Hundred Seventy Six Dollars and Forty Four Cents ($1,443.44) to them in hand paid, receipt whereof is hereby acknowledged, does hereby remise, release and forever discharge JAY ENTERPRISES, 1NC. t/d/b/a ASHLEY FURNITURE HOMESTORE and its officers, directors, shareholders, employees, representatives, agents, successors and assigns of and from all, and all manner of, actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, claims or demands whatsoever in la~v or in equity, especially for or on account of all claims which are the subject of a Complaint filed by Peggy and Kenneth Glasgow in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 03-5825, which against the said Jay Enterprises, Inc. t/d/b/a Ashley Furniture Homestore, and its officers, directors, shareholders, employees, representatives, agents, successors and assigns, we ever had, now have, or which our heirs, executors or administrators or any of them, hereafter can, shall or may have for or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the date of the~,e presents. KNOW ALL MEN BY THESE PRESENTS, that JAY ENTERPRISES, INC. t/d/b/a ASHLEY FURNITURE HOMESTORE for and in consideration of the return of the furniture previously purchased from them by Peggy and Kenneth Glasgow and the settling and discontinuing of their Complaint against same with prejudice and other good and valuable considerations, do hereby remise, release and forever discharge PEGGY GLASGOW and KENNETH GLASGOW, and their heirs, executors and administrators of and from all, and all manner of, actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, a~reements, judgments, claims and demands whatsoever in law or equity, especially for or on account of all counterclaims or defenses which could have been raised in response to the Complaint filed by Peggy and Kenneth Glasgow in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 03-5825, which against the said JAY ENTERPRISES, 1NC. t/d/b/a ASHLEY FURNITURE HOMESTORE and their employees, representatives, agents, successors and assigns, heirs, executors and administrators we ever had, now have, or which our heirs, ~xecutors or administrators or any of them, hercafter can, shall or may have, for, or by reason of any cause, matter or thing whatsoever, from the beginning of the world to the date of these presents. q 1N WITNESS WHEREOF, the undersigned have executed these presents the day of ?~-~ , 200~. WITNESS: /~/P~Jy GlaSgow- ~ (SEAL) ATTEST: JAY ENTERPRISES, INC. t/d/b/a ASHLEY FURNITURE HOMESTORE Secretary