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HomeMy WebLinkAbout09-4649L;UMM0NVVtAL I M UP rtnnaTLYAIYIA COURT OF COMMON PLEAS /r Judicial District, County Of NOTICE OF APPEAL FROM 7-13.01/ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (-)'7- 414 `? 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 referenced below. NAME OF APPELLANT ADDRESS OF APPELLANT DATE OF JUDGMENT IN THE CASE OF (Plain DOCKET No. LV /;4 -oq 0`T-1-© This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy -? CL_ &%-eL L a. e_ STA E ZIP CODE 1? 1701 (Delendant)' F .j- .4- C . IG URE OF O ATTORNEY OR A NT re t.J d. S ; -,o?- c? l 1a,?1 If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the 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 DEFENDANT (see Pa.R.C.P.D.J. 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 r- Enter rule upon appellee(s), to file a complaint in this appeal Name ordppellee(s) (Common Pleas No. C9_ q4 t1 ( ) within twenty (20) days after ice of rul o er ntry of judgment of non pros. Signature of appellant or attomey or agent RULE: To -so k? appellee(s) Name of aW@Ilee(s) (1) You are 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 of 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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 13 20b? ?Iuib_ Signature of Proth6notary or eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT. 1 hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 y- LU r - , o0 0 {y - 4, Cn ZI >- Cam` LLJ lL d'` a-. 0 ? ?JVo?? N I -` COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-2-02 MDJ Name. Hon. JESSICA BREWBARER Address: 18 N HANOVER ST STE 106 CARLISLE, PA Telephone: (717 ) 240-6564 17013 SWWP, INC. 469 E NORTH ST C/O MICHAEL PALSON CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment)_ 6/23/09 ® Judgment was entered for: (Name) FRY, JOHN ® Judgment was entered against: (Name) SWWP, INC. in the amount of $ 7.859.5 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 7,728.991 Judgment Costs $ 130.551 Interest on Judgment $ . 00 Attorney Fees $ .out Total $ 7.859.54 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true and Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 6/24/09 11:08:00 AM bd(f_k • 1!B , Magisterial District Judge copy of the record of the proceedings containing the judgment. NOTICE OF JUDGMENT/TRANSCRiPT CIVIL CASE PLAINTIFF: NAME and ADDRESS _ FFRY, JOHN 3 SEVILLE WAY GAITHERSBURG, MD 20878 L VS. DEFENDANT: NAME and ADDRESS rSWWP, INC. 469 E NORTH ST C/O MICHAEL PALSON LCARLISLE, PA 17013 Docket No.: CV-0000129-09 Date Filed: 4/27/09 , Magisterial District Judge SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C?- S' 1 rt, DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 6) q'- 'd/6 '/? NOTICE OF Notice is given that the appellant has filed in the above Court of Common t?leas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. -I'- ?1G• E SS OF AF ;r AT OFJUDGMENT FT N. NOTICE OF APPEAL FROM f?-/`. ` J D.J. SS ? .?G1. TC' i.[.?? (.?. ts+.C 1? ZIP CARE ?©/3 required under Pa. ilf appellant was R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. 2 a District Justice, A COMPLAINT MUST BE FILED within twenty days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE I (This section of form to be used ONLY when appellant was DEFENDANT NOT USED, detach from copy of notice of appeal to be served upon appel PRAECIPE: To Prothonotary Enter rule upon ry 1.. ??- Name of appellee(s) (Common Pleas No. () ?/, ?-/G 4 ?) ) within twenty (20) RULE: To appel Name of a ellee(s) (1) You are notified that a rule is hereby entered upon you to file a c of this rule upon you by personal service or by certified or registered mail. in this appeal within twenty (20) days after the date of service (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED ,AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of th mailing. Date: t-,?? ?6 ! 20 Signature of Prothonotary or Duty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDG AOPC 312-02 cm ? Cwt ? s I?e PLAINT AND RULE TO FILE Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF appellee(s), to file a complaint in this appeal iiys after ice of ru o su er #ntry of judgment of non pros. Signature of appellant or attomey or agent FORM WITH THIS NOTICE OF APPEAL. WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREE - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - CO Y TO BE SERVED ON DISTRICT JUSTICE Postal CERTIFIED MAILT. RECEIPT j UNITEDSTATES Q- Coverage Provided) ?AOSTLIL SERVICE Certificate Of Mailii Ln (Domestic Mail Only; No Insurance cc a This Certificate of Mailing provides evidence that mail has been presented to USPS® for mail o U'll This form may be used for domestic and international mail. p m --- From: C3 Postage $ Certified Fee ? v Post t C3 Return Recei t Fee O (Endorsement Required) • 1 1 r ~ (C Ul Restricted Delivery Fee $ rC-' r3? C To: _3 (Endorsement Required) F CG 01- 7/ a) Total Postage & Fees w ZVtp0Cio uPJ c' o0F"r .1 •wm L rn r 1 0 3> (?D U) D 0 Sent To, 1 -------------------------------------------------- O Street, Apt. No.; 1 =?} C" l iii r or Po Box No. ?j i*-lr o_lt?-( X'Z ?_ L7! l . /? r1 l t ? ?-!? r J PS Form 3817, April 2007 PSN 7530-02-000-9065 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVAN A COUNTY OF 1 ??g ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served [lpp a copy of the Notice of Appeal, Common Pleas o q- ??p7,lftpon the District Justice designated therein on (date of service) ( , 20 Q , by personal service ? by (cued) (registered) mail, sender's receipt attached ereto, and upon the appellee, (name) ? /L r T-" , on s, 20 0 ? ? by personal service *a by (certified) (registered) mail, sender's eceipt attached hereto. ?l i 11 (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME A?? THIS DAY OF 20 Si re of Signature of official before whom affidavit was made r-7 0 C 'OlT C-- ('T1 L Title of official My commission expires on ? ? C, DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 IN THE COURT OF COMMON PLEAS JOHN FRY CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 2009-4649 PRAECIPE TO ENTER APPEARANCE To The Prothonotary: Kindly enter my appearance as attorney for Plaintiff, John Fry, in the above captioned matter. Date: July o'er , 2009 ,a Y )0a DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff CAF 'PH ? r' ? ? Gr_.tTA??Y 21,09A 28 A 11: 19 ,; L«;: 17 Douglas C. Lovelace, Jr., Esquire Attorney ID No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 IN THE COURT OF COMMON PLEAS JOHN FRY : CUMBERLAND COUNTY Plaintiff : PENNSYLVANIA V. : CIVIL ACTION-IN LA'W SWWP, INC. : NO. 2009-4649 Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ALT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PENNSYLVANIA TELEPHONE NUMBER 249-3166 Date: July 28, 2009 Douglas C. Lovelace, Jr., Esquire Attorney ID No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 DOUGLAS C. LOVELACE, JR., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 : IN THE COURT OF COMMON PLEAS JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 2009-4649 COMPLAINT AND NOW comes Plaintiff, John Fry, by and through his undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and respectfully represents as follows in support of this Complaint: Parties and Personal Jurisdiction 1. Plaintiff, John Fry, is an adult individual residing at 3 Seville Way, Gaithersburg, Maryland 20878. 2. Defendant, SWWP, Inc. purports to be a Pennsylvania Corporation, with its corporate office located at 469 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. Subiect Matter Jurisdiction 3. The court has jurisdiction over the subject matter of this suit because the parties entered into an agreement for the sale of goods at Defendant's place of business at 469 East North Street, Carlisle Cumberland County, Pennsylvania and because the said goods were ordered through, processed through, and /or shipped through Defendant's place of business at 469 East North Street Carlisle Cumberland County, Pennsylvania. Factual Allegations 4. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant engaged in the business of sales and distribution of vinyl siding, windows and doors, and sunroom components, within the Commonwealth of Pennsylvania and elsewhere. 5. Plaintiff avers, upon information and belief, that at all times relevant to this action, Defendant engaged in the business of sales and distribution of vinyl siding, windows and doors, and sunroom components to consumers. 6. On or about August 20, 2008, at Carlisle, Pennsylvania, Plaintiff and Defendant entered into a written agreement by which Defendant promised to sell and deliver to Plaintiff a complete prefabricated sunroom, in component parts to be assembled by Plaintiff, and measuring eighteen feet ten inches by fourteen feet six inches. A copy of the written agreement is attached hereto as Exhibit A. 7. In return for Defendant's promise to deliver the aforementioned sunroom to Plaintiff, Plaintiff agreed to pay Defendant $16,765.00 in two installments. 8. Defendant promised Plaintiff that Defendant would deliver the sunroom to Plaintiff within two weeks of plaintiff signing the Sales Order, a copy of which is attached hereto as Exhibit B. 9. Plaintiff signed the initial Sales Order on or about August 15, 2008. 10. Plaintiff paid Defendant the first installment of $10,000.00 on August 15, 2008. 11. On or about August 25, 2008, Plaintiff and Defendant mutually consented to modify the agreement to provide for a nineteen feet by fourteen feet six inches sunroom, with glass transoms above the doors, at a revised price of $17,490.00. A copy of the revised agreement is attached hereto as Exhibit C. 2 12. Defendant led Plaintiff to believe the sunroom kit would be supplied by Vista, a quality fabricator of sunrooms. 13. On August 25, 2008. Plaintiff asked Defendant if the sunroom roof would be provided by Vista. Defendant did not answer Plaintiff's question. 14. On August 26, 2008. Plaintiff again asked Defendant who would supply the sunroom roof. Defendant again failed to respond to Plaintiff's question and has not answered it to this date. 15. On or about August 26, 2008, Defendant provided Plaintiff a revised Sales Order reflecting the revised agreement and the revised price of $17,490.00, a copy of which is attached hereto as Exhibit D. 16. Plaintiff signed and returned the revised Sales Order to Defendant on or about August 26, 2008. 17. On August 27, 2008, Defendant confirmed receiving the revised Sales Order signed by Plaintiff. 18. As of September 8, 2008, Defendant had not informed Plaintiff of the date the sunroom would be delivered. 19. On September 8, 2008, Plaintiff asked Defendant when the sunroom would be delivered. Plaintiff did not reply. 20. On September 15, 2008, Plaintiff again asked Defendant when the sunroom would be delivered. Plaintiff did not reply. 21. On October 1, 2008, Plaintiff again asked Defendant when the sunroom would be delivered and explained to Defendant that it had been six weeks since Plaintiff placed the order and Plaintiff needed delivery of the sunroom to erect it before the weather became too cold. 3 Defendant replied that the sunroom would be delivered the week of October 20, 2008, seven weeks and six days after Plaintiff signed the final Sales Order. 22. On October 14, 2008, Plaintiff asked Defendant to confirm the sunroom would be delivered the following week. Defendant did not respond to Plaintiff's question. 23. On October 23, 2008, Plaintiff again asked Defendant when the sunroom would be delivered. Defendant did not respond to Plaintiff's question. 24. On October 28, 2008, Plaintiff informed Defendant via e-mail that no one from SWWP, Inc. will return Plaintiff s e-mails and phone calls, again asked Defendant when the sunroom would be delivered, and explained that Plaintiff really needed to know when the sunroom will be delivered. Defendant responded that Defendant had a portion of the sunroom in his possession but that the sunroom roof system had not yet arrived. Defendant informed Plaintiff that the roof system should arrive within two to three weeks and Defendant would ship the complete sunroom to Plaintiff as soon as the roof system arrived. 25. On October 28, 2008, Plaintiff requested that Defendant deliver to Plaintiff that portion of the sunroom Defendant had in its possession, so Plaintiff could begin construction before winter weather set in. Defendant did not respond to Plaintiff s request. 26. On November 11, 2008, Plaintiff advised Defendant that with winter rapidly approaching, Plaintiff needed to begin construction of the sunroom, asked the status of the order, and renewed his request to have the portion of the sunroom in Defendant's possession delivered so Plaintiff could begin construction. Defendant delivered what it purported to be the complete sunroom on or about November 14, 2008. 27. Plaintiff paid the balance remaining on the contract, $7,490.00. 4 28. After inspecting the sunroom components, On November 17„ 2008, Plaintiff informed Defendant that the sunroom kit arrived with incorrectly sized roof panels, which measured eight feet by four feet by six inches and that the sunroom required roof panels of eleven feet and six inches in length. 29. Defendant stated in writing it would replace the incorrectly sized roof panels and ordered replacement roof panels. A copy of the writing is attached hereto as Exhibit E. 30. On December 1, 2008, Plaintiff asked Defendant when the correct roof panels would be delivered. Defendant responded that it was waiting on information from the manufacturer of the roof panels. 31. On December 10, 2008, Plaintiff again asked Defendant when the correct roof panels would be delivered and reminded Defendant it had been four weeks since Plaintiff informed Defendant of delivery of the wrong size roof panels. Defendant did not respond to Plaintiff's question. 32. On December 15, 2008, Plaintiff again asked Defendant when. the correct roof panels would be delivered and advised Defendant that as the winter progressed it was becoming more critical to install the roof on the sunroom. Plaintiff informed Defendant that he needed to install the roof before the end of the year and could not wait any longer. Defendant did not respond to Plaintiff's question. 33. On December 26, 2008, Plaintiff again asked Defendant when the correct roof panels would be delivered and reminded Defendant six weeks had elapsed since Plaintiff informed Defendant of the need to replace the roof panels. 5 34. On January 8, 2009, Plaintiff again asked Defendant when the correct roof panels would be delivered and requested Defendant expedite delivery. Defendant responded that the roof panels would be shipped to Defendant the week of January 12, 2009. 35. On January 27, 2009, Plaintiff again asked Defendant when the correct roof panels would be delivered. Defendant replied it would make delivery on January 30, 2009. 36. On January 29, 2008, Plaintiff learned from Defendant that the replacement roof panels were only ten feet in length. 37. On January 30, 2009, Plaintiff forwarded a copy of his November 17, 2008 e-mail to Defendant by which Plaintiff clearly informed Defendant that the sunroorn required roof panels of eleven feet and six inches in length. Plaintiff also informed Defendant to ship roof panels at least eleven feet in length as soon as possible, so Plaintiff could complete the sunroom. Defendant did not respond. 38. On February 10, 2009, Plaintiff requested that Defendant order the correct length roof panels immediately. Defendant did not respond to Plaintiff's request. 39. On February 11, 2009, Plaintiff asked Defendant if the roof panels had been ordered and informed Plaintiff if the panels were not delivered by the end of the month, Plaintiff would seek another supplier. Defendant's President replied that he would talk to another employee of Defendant and get back to Plaintiff on the status. 40. On February 24, 2009, Plaintiff again affirmed the need for correctly sized roof panels to Defendant. 41. On February 24, 2009, Defendant's President informed Plaintiff that Plaintiff should send all correspondence to "Mike" in the sales office because he does all the ordering and Defendant's President is very rarely in his office. 6 42. On March 16, 2009, Plaintiff's wife, on behalf of Plaintiff, asked Defendant to call her or Plaintiff that day to provide a status report on delivery of the roof panels. "Mike" told her he would be out of the office for the rest of the week and to call Defendant's President because he would be handling Plaintiff's order. 43. On March 18, 2009, Plaintiff's wife, on behalf of Plaintiff, asked Defendant's President for a delivery date for the roof panels and informed him Plaintiff had no choice but to refer the matter to the Better Business Bureau, if Defendant would not act to provide the roof panels. 44. On March 19, 2009, Defendant's President informed Plaintiff's wife that the order was being processed and Defendant would advise Plaintiff when Defendant received the panels and would schedule delivery. 45. On March 24, 2009, Plaintiff informed Defendant it was in breach of contract and demanded Defendant remit to Plaintiff $5,593.99 to reimburse Plaintiff for the cost, less shipping, of substitute roof panels from another vendor. Plaintiff informed Defendant that was the only option Defendant had to avoid additional costs such as court costs, legal fees, and other damages Plaintiff suffered as a result of Defendant's failure to deliver the roof panels. Defendant refused to refund the requested amount to Plaintiff. 46. On March 27, Plaintiff's wife, acting on Plaintiffs behalf, asked Defendant for the date on which Defendant ordered the replacement roof panels. Defendant did not respond to her request. 47. On April 5, 2009, Plaintiff again contacted Defendant's President concerning whether the roof panels had been ordered or when they might arrive. Defendant's President did not respond. 7 48. On April 16, 2009, Plaintiff again contacted Defendant's President concerning the roof panels and informed Defendant's President that if Defendant did not resolve the issue with the roof panels, Plaintiff would be required to take legal action. Neither :Defendant's President nor any other employee of Defendant responded 49. On May 20, 2009, Plaintiffs wife, acting on Plaintiffs behalf, contacted Defendant's President, informed him that Plaintiff did not want to go to court over the matter, and urged Defendant's President to contact her that day to discuss the matter. Neither Defendant's President nor any other of Defendant's employees responded. 50. As a result of Defendant's failure to supply Plaintiff the roof panels as required under the terms of the agreement Defendant entered into with Planitiff, Plaintifl'suffered a loss of $7,728.99. 51. On May 28, 2009, Plaintiff again e-mailed Defendant's President in an attempt to resolve the matter of the roof panels short of litigation. Defendant's President did not respond. Consequently, Plaintiff was forced to resort to and prevail at District Cowl. Count I Plaintiffs Private Action for Defendant's Violation of Penns lvania Consumer Protection Laws Under the Provisions of 73 P S $201-9.2 and 73 P S && 201-2 (4) (ii) 52. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 51, inclusive, as fully as though the same were set forth herein at length. 53. By entering into an agreement with Defendant evidenced by Rdiibits A, B, C and D attached hereto, Plaintiff purchased goods from Defendant for Plaintiff's personal, family, and household purposes, to wit: a sunroom kit to be installed by Plaintiff on Plaintiffs residence. 54. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, ]Fair Trade and Business Practices Unfair Competition, Acts or Practices," 73 P. S. § 201-1, et seq.,, short title, "Unfair Trade Practices and Consumer Protection Law," provides a private cause of action against a commercial entity that engages in unfair methods of competition or unfair or deceptive acts or practices. 55. The Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (UTPCPL) applies to protect Plaintiff regarding his agreement to purchase the aforementioned sunroom kit from Defendant. 56. The UTPCPL declares "unfair or deceptive acts or practices in the conduct of any trade or commerce" unlawful, 73 P.S. § 201-3. 57. Under the UTPCPL, unfair or deceptive acts or practices are defined to include, "causing the likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services," 73 P.S. § 201-2 (4) (ii). 58. By leading Plaintiff to believe that the roof panels for the sunroom kit Defendant sold Plaintiff would be manufactured by Vista and refusing to answer Plaintiff's questions about who would manufacture the roof panels, Defendant caused Plaintiff confusion and misunderstanding as to the source, sponsorship, approval or certification of goods or services, in violation of 73 P.S. § 201-2 (4) (ii). 59. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff s costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $7,728.99, plus 9 accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems necessary or proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count II Plaintiffs Private Action for Defendant's Violation of Pennsylvania Consumer Protection Laws Under the Provisions of 73 P S 6201-9.2 and 73 P S 44 201-2 (4) (xiv) 60. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 59, inclusive, as fully as though the same were set forth herein at length. 61. By entering into an agreement with Defendant evidenced by Exhibits A, B, C and D attached hereto, Plaintiff purchased goods from Defendant for Plaintiff's personal, family, and household purposes, to wit: a sunroom kit to be installed by Plaintiff on Plaintiff's residence. 62. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices Unfair Competition, Acts or Practices," 73 P. S. § 201-1, et seq., short title, "Unfair Trade Practices and Consumer Protection Law," provides a private cause of action against a commercial entity that engages in unfair methods of competition or unfair or deceptive acts or practices. 63. The Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1, et seq., (UTPCPL) applies to protect Plaintiff regarding his agreement to purchase the said sunroom kit from Defendant. 64. The UTPCPL declares "unfair or deceptive acts or practices in the conduct of any trade or commerce" unlawful, 73 P.S. § 201-3. 65. Under the UTPCPL, unfair or deceptive acts or practices are defined to include, "[flailing to comply with the terms of any written guarantee or warranty given to the buyer at, 10 prior to or after a contract for the purchase of goods or services is made, 73 P.S. § 201-2 (4) (xiv). 66. By failing to deliver the sunroom to Plaintiff within two weeks of Plaintiff signing the final Sales Order, Defendant failed to comply with the terms of a written guarantee or warranty given to the Plaintiff, in violation of 73 P.S. § 201-2 (4) (xiv). 67. By agreeing to replace the incorrectly sized sunroom roof panels, but failing to do so, Defendant failed to comply with the terms of a written guarantee or warranty given to the Plaintiff, in violation of 73 P.S. § 201-2 (4) (xiv). 68. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to Plaintiff up to three times the actual damages sustained, Plaintiff's costs and reasonable attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $7,728.99, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems necessary or proper, an amount that does not exceed the Jurisdictional amount for compulsory arbitration in accordance with local rule. Count III Plaintiff's Private Action for Defendant's Violation of Pen Ivania Consumer Protection Laws Under the Provisions of 73 P S $201-9.2 and 73 P S && 201-2 (4) (xxi) 69. The defendant incorporates herein by reference the averments contained in paragraphs 1 through 68, inclusive, as fully as though the same were set forth herein at length. 11 70. By entering into an agreement with Defendant evidenced by Exhibits A, B, C and D attached hereto, Plaintiff purchased goods from Defendant for Plaintiff's personal, family, and household purposes, to wit: a sunroom kit to be installed by Plaintiff on Plaintiffs residence. 71. Pennsylvania Title 73, "Trade and Commerce," "Chapter 4, Fair Trade and Business Practices Unfair Competition, Acts or Practices," 73 P.S. § 201-1, et seq., short title, "Unfair Trade Practices and Consumer Protection Law," provides a private cause of action against a commercial entity that engages in unfair methods of competition or unfair or deceptive acts or practices. 72. The Unfair Trade Practices and Consumer Protection Law, 73 P. S. § 201-1, et seq., (UTPCPL) applies to protect Plaintiff regarding his agreement to purchase the said sunroom kit from Defendant. 73. The UTPCPL declares "unfair or deceptive acts or practices in the conduct of any trade or commerce" unlawful, 73 P.S. § 201-3. 74. Under the UTPCPL, unfair or deceptive acts or practices are defined to include, "[e]ngaging in any other fraudulent or deceptive conduct which creates a likelihood of confusion or misunderstanding," 73 P.S. § 201-2 (4) (xxi). 75. Defendant, by promising Plaintiff that Defendant would deliver the complete sunroom kit to Plaintiff within two weeks of Plaintiff signing the final Sales Order, which occurred on or about August 26, 2008, continually promising Plaintiff imminent delivery of the sunroom roof panels, but failing to deliver them, over eleven months after Defendant's promise, Defendant engaged in fraudulent and or deceptive conduct which created the likelihood of confusion or misunderstanding by Plaintiff in violation of 73 P.S. § 201-2 (4) (xxi). 12 76. Under the provisions of 73 P.S. § 201-9.2 (a), the Court may award to plaintiff up to three times the actual damages sustained, Plaintiffs costs and reasonable: attorney fees, plus additional relief as the Court deems necessary or proper. WHEREFORE, Plaintiff respectfully requests that this Honorable: Court enter judgment in his favor and against Defendant for damages in the amount of three times $7,728.99, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems necessary or proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count IV Breach of Contract 77. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 76, inclusive, as fully as though the same were set firth herein at length. 78. Defendant entered into a written agreement with Plaintiff, by which Defendant would deliver to Plaintiff a complete sunroom kit within two weeks of Plaintiff signing the final Sales Order, as evidenced by Exhibits A, B, C, and D attached hereto. 79. Plaintiff signed the final Sales Order on or about August 26, 2008. 80. To date, over eleven months since Plaintiff signed the final Sales Order, Defendant has not delivered to Plaintiff the complete sunroom kit. 81. By not delivering the complete sunroom kit to Plaintiff within two weeks of Plaintiff signing the final Sales Order, Defendant breached the terms of its agreement with Plaintiff. 82. As a result of Defendant's breach of its agreement with Plaintiff, Plaintiff suffered damages of $7,728.99. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in an amount of $7,728.99 plus accrued interest, reasonable 13 attorney fees, costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Count V Uniust Enrichment In the event it is determined that no agreement existed in fact or law between Plaintiff and Defendant, as alleged in Count N, Plaintiff alleges as follows: 83. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 82, inclusive, as fully as though the same were set forth herein at length. 84. By failing to deliver to Plaintiff the sunroom roof panels Plaintiff had already paid for in full, even after multiple requests by Plaintiff, Defendant improperly received a benefit of the cost of said roof panels. 85. In failing to deliver the said roof panels to Plaintiff, Defendant knew it would realize the benefit of the cost of said roof panels. 86. Defendant continues to refuse to deliver the roof panels to Plaintiff. 87. Acceptance and retention of the benefit of the cost of the said roof panels, under the circumstances described in the foregoing paragraphs, would be inequitable, unless Defendant pays Plaintiff the value of the benefit Defendant received. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $7,728.99 plus accrued interest, reasonable attorney fees, and costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. 14 Count VI Neeligence 88. Plaintiff incorporates herein by reference the averments contained in foregoing paragraphs 1 through 87, inclusive, as fully as though the same were set forth herein at length. 89. In providing a complete sunroom kit to Plaintiff, Defendant had a duty to provide correctly sized roof panels as components of the kit. 90. Defendant, by act or omission, breached his duty to Plaintiff 'by failing to provide correctly sized roof panels, even though Defendant charged and Plaintiff paid for a complete sunroom kit. 90. As a direct and proximate cause of Defendant's breach of his duty to Plaintiff, Plaintiff suffered a loss in excess of $7,728.99 in order to provide a roof for the said sunroom. WHEREFORE, Plaintiff respectfully requests this honorable Court to enter judgment in his favor and against Defendant in the amount of $7,728.99 plus accrued interest, reasonable attorney fees, and costs, and grant other relief as the Court deems just and appropriate, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Respectfully sub ' ed, DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: July 28, 2009 15 EXHIBIT A Fry, John From: sales@swwp.us Sent: Thursday, July 10, 2008 5:55 PM To: Fry, John Subject: Re: Vinyl Sunroom. Yes, the sunrooms are available. Please provide all information and I can provide a quote. j -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, July 10, 2008 04:26 PM To: sales@swwp.us Subject: Vinyl Sunroom. Michael, Are you still in operation? It?s been a while since I last talked to you. Doug Powell and I installed his sunroom (5 Seville Way, Gaithersburg, MD), and it looks wonderful. I am looking very closely at getting ours now. I will need to submit a building permit ect. I just need to know if you all are still able to supply sunrooms? Thanks John Fry 3 Seville Way Gaithersburg, MD 20878 72 Z Fry, John From: Fry, John Sent: Friday, July 11, 2008 11:58 AM To: 'sales@swwp. us' Subject: RE: Vinyl Sunroom. Michael, This will be placed on an existing deck. Drawings and loading (wind/snow) specifications are needed with building permit submission. I will need you to provide me the specifications. I will do drawings. The Dimensions are approximately 16'x18' (+/- 3 inches). I will have finall measurements shortly. I need to pull up some of the existing floor boards and measure the actual location of the existing posts/footers to determine final beam locations. The Sides are 16' wide, the Gable end is 18' wide. Transoms and Kick Panels: All Sides will have rectangular glass transoms and Solid Kick Panels. The Gable End will have trapezoid glass transoms and Solid Kick Panels. Doors: On each side approx. 3'6" from the house will be a 36" Full length glass exterior door that matches the sliders in style. Hinges will be on side closest to house. On Gable End (from outside looking at front elevation view) a 6' sliding glass door will be on the right side next to the ridge post. Windows: Windows should full length sliders (hopefully they match the Proforma's I installed) they do not need to be tempered. Roof: R-25 with 4 Sunlights - two each side. Note 1) Electrical cutouts are required - two on each side and on gabled end. Note 2) Ridge Beam will need to be cut for electrical cable for Lights and Ceiling Fans Thanks John 301-926-0378 (h) 301-571-1221(0) John, All of our windows are NFRC Certified. We will have a quote to you no later than tomorrow 10 am. Any further questions please feel free to contact our branch manager- Mike at 717-258-6011 From: sales@swwp.us [mailto:sales@swwp.us] Sent: Thursday, July 10, 2008 5:55 PM To: Fry, John Subject: Re: Vinyl Sunroom. Yes, the sunrooms are available. Please provide all information and I can provide a quote. -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, July 10, 2008 04:26 PM To: sales@swwp.us 114 5 Fry, John From: sales@swwp.us Sent: Friday, July 18, 2008 10:45 AM To: Fry, John Subject: Re: Vinyl Sunroom. John, The sunroom as per our conversation will be 18' gable roof x IT with 2 -36"full view glass entry doors, I -6' sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... total= 16,000 delivered to your home 8,000.00 deposit to hold price 8,000.00 to put into production Thank you, I look forward to working with you on this project Michael ----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Friday, July 11, 2008 11:57 AM To: sales@swwp.us Subject: RE: Vinyl Sunroom. Michael, i This will be placed on an existing deck. Drawings and loading building permit submission. I will need you to provide me the specifications specifications I will do drawings needed with i The Dimensions are approximately 16?x18? (+/- 3 inches). I will have final measurements s need to pull up some of the existing floor boards and measure the actual location of the ex st ng rtly. I posts/footers to determine final beam locations. The Sides are 16' wide, the Gable end is 18' wide. Transoms and Kick Panels: All Sides will have rectangular glass transoms and Solid Kick Panels. I Gable End will have trapezoid glass transoms and Solid Kick Panels. The Doors: On each side approx. 3'6" from the house will be a 36" Full length glass exterior door that matches the sliders in style. Hinges will be on side closest to house. On Gable End fro at front elevation view) a 6? sliding glass door will be on the right side next to the ridge post. looking i 'Windows: Windows should full length sliders (hopefully they match the Proforma's I installed) they do not need to be tempered. Roof: R-25 with 4 Sunlights ? two each side. Note 1) Electrical cutouts are required - two on each side and on gabled end. Note 2) Ridge Beam will need to be cut for electrical cable for Lights and Ceiling Fans. Thanks John 70 I Fry, John From: Fry, John Sent: Thursday, August 14, 2008 5:00 PM To: 'sales@swwp.us' Subject: RE: Sun Room Product Engineering Sheet from Vista. Michael Can we still get under the increase? If so, then how can I get the money to you? I would prefer to place this on Visa. 50% now - 50 % on delivery is OK. John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Thursday, August 14, 2008 4:14 PM To: Fry, John Subject, Re: Sun Room Product Engineering Sheet from Vista. John, Ok, This is good, Are you ready to place the order ? Michael -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, August 14, 2008 12:26 PM To: sales@swwp.us Subject: RE: Sun Room Product Engineering Sheet from Vista. Mike, I?ve received the sunroom building permit this AM. They require two inspections: Framing and Final. So this means my foundation and beams setups are fine and the sunroom project is able to move forward. To answer your last question - The reason I provided the Vista spec sheet was for you to provide to other future customers. John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Thursday, July 24, 2008 6:25 PM To: Fry, John Subject: Re: Sun Room Product Engineering Sheet from Vista. Yes, why ? All the specs will be the same for the most part. -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, July 24, 2008 04:10 PM To: sales@swwp.us Subject: RE: Sun Room Product Engineering Sheet from Vista. I 96 Z 7 Fry, John From: sales@swwp.us Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject, Re: Sun Room John, I will honor the previous pricing if you place the order tomorrow with payment as follows; Deposit Friday August 15, 2008 Visa card - $12,000.00 Balance Due on delivery by Visa card or Check - $4,000.00 Total cost = $16,000.00 As per our previous Email - The sunroom as per our conversation will be gable roof 18'x 14' with 2 -36"full view glass entry doors, 1 -6 sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... If this is satisfactory, You may contact my office tomorrow and speak with Mike. Provide Mike with your Visa card information, once processed, he will then fax or email you the sales order and credit card signature form. Once we receive the sign forms back we will then have drawings to you by wednesday of next week to sign off on. Once signed off we will put into production and deliver to you within 2 weeks from that date. Michael SWWP Inc. 717-258-6011 -----Original Message---- From: Fry, John [mailto:John.e.Fry@int3elsatgeneral.com] Sent: Thursday, August 14, 2008 05:00 PM To: sales@swwp.us Subject: RE: Sun Room Product Engineering Sheet from Vista. Michael Can we still get under the increase? If so, then how can I get the money to you? 50% now ? 50 % on delivery is OK. John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Thursday, August 14, 2008 4:14 PM To: Fry, John Subject: Re: Sun Room Product Engineering Sheet from Vista. John, Ok, This is good, Are you ready to place the order ? Michael -----Original Message— From., Fry, John [mailto:John.e.Fry@intelsatgeneral.com] I would prefer to place this on Visa. i s7 'Z Fry, John From: Fry, John Sent: Friday, August 15, 2008 9:38 AM To: 'sales@swwp.us' Subject: RE: Sun Room Importance: High Michael Final Sun Room size is 18'-10" x 14'-6". Will you accept 10k and 6k? I think I may be running my limit at $12K... If so, then send me the fax form at 301-571- 1253 immediately and I will sign. Thanks John 301-571-1221 is daytime phone #. From: sales@swwp.us [mailW:sales@swwp.us] r4 Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject: Re: Sun Room John, I will honor the previous pricing if you place the order tomorrow with payment as follows; Deposit Friday August 15, 2008 Visa card - $12,000.00 Balance Due on delivery by Visa card or Check - $4,000.00 Total cost = $16,000.00 As per our previous Email - The sunroom as per our conversation will be gable roof 18'x 14' with 2 -36"full view glass entry doors, 1 -6' sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... If this is satisfactory, You may contact my office tomorrow and speak with Mike. Provide Mike with your Visa card information, once processed, he will then fax or email you the sales order and credit card signature form. Once we receive the sign forms back we will then have drawings to you by wednesday of next week to sign off on. Once signed off we will put into production and deliver to you within 2 weeks from that date. Michael SWWP Inc. 717-258-6011 -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, August 14, 2008 05:00 PM TO: sales@swwp.us 93 ?i l Fry, John From: Fry, John Sent: Friday, August 15, 2008 12:33 PM To: 'sales@swwp.us' Subject: Sun Room SO# 986 Michael and Mike, FYI - Fax received, signed and returned. Send drawings for review at your earliest convenience! Thanks and good to work with you all again. John From: Fry, John Sent: Friday, August 15, 2008 9:38 AM To: 'sales@swwp.us' Subject: RE: Sun Room Importance: High Michael Final Sun Room size is 18'-10" x 14'-6". Will you accept 10k and 6k? I think I may be running my limit at $12K... If so, then send me the fax form at 301-571- 1253 immediately and I will sign. Thanks John 301-571-1221 is daytime phone #. _....... From: sales@swwp.us [mallto:sales@swwp.us] Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject: Re: Sun Room John, I will honor the previous pricing if you place the order tomorrow with payment as follows; Deposit Friday August 15, 2008 Visa card - $12,000.00 Balance Due on delivery by Visa card or Check - $4,000.00 Total cost = $16,000.00 As per our previous Email - The sunroom as per our conversation will be gable roof 18'x 14' with 2 -36"full view glass entry doors, 1 -6' sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... If this is satisfactory, You may contact my office tomorrow and speak with Mike. Provide Mike with your Visa card information, once processed, he will then fax or email you the sales order and credit card signature form. Once we receive the sign forms back we will 90 3 c?- HP LaserJet 3050 Fax Call Report INTELSAT GENERAL 3015711253 Aug-15-2008 11:12AM Job Date Time Type Identification Duration Pages 2725 8/15/2008 11:11:21AM Send 17172586046 1:01 2 ?rss$COPMOO GrW1 ..,nar, ??,lOMsr S r• e PA 17013 ? Mrs/A/Y?r MA TO-" ONGr JMNw, -MM, I NP by ?MMMM er ?.. •r._.. 70tu ft .f wr mas.?? n?tfsrw .r.0..p, M-att•a•w•M VA•DC-ND- WVA -. ON [Zf:) 0 i n v e n t Result OK 3( Corporate Office 469 E North Street k k. Carlisle, PA 17013 Name / Address John E Fry Jr. 3 Seville Way Gaithersburg, MD 20878 301-571-1221 301-571-1253 Terms Due Date 8/15/2008 Window/Door Sales Order Estimated Ship Date Date S.O. No. 915/2008 8VI5/2008 986 Ship To John E Fry Jr. 3 Seville Way Gaithersburg MD 20878 301-571-1221 301-571-1253 Rep Job Name MP Fry No Description W Size (W x H) / Location Rate Amount 1 Sumoom with gable root 18' x If with 2 -36'fiill view glass entry doors, l -6 1 18'x 14 16,000.00 16,000.Wr Admg &ss d ow, slider Mrdows, ppetwe window trar>sorns, glass traps, 4 skylights, a 6' roof system. With electrical prep - White Out-of-stabs sale, exempt from sales tax 0.00% 0.00 Total $16,000.00 I affirm that I am sorely responsible for the above items ordered. I have provided as information for the above order inchrding measurements and specificatiom.I understand that the ship date is estim I further understand that all items are special order, all morries;, applied to this order is non refundable. All items are Non trl!IIaet?iiQe-id No exchanges on windows or doors. i afrm this by signing this as indicated below. _S'inn? ll Phone # E-nail Web Site 717-25&6011 717-25&60"6 ssles?syvwp.us www.svnvp.us PA- NY -CT- NJ -DE -VA-DC-Ml)-MA- WVA 3 Z SWWP Inc. 460 E North Sheet Carlisle. PA 17013 08/75/2008 SALE Visa Exp. Date: xx / xx Name: John E Fry it Auth. Code: 09207C QuickSoos Trans. No: Trans. ID: MA0046843799 Merchant No.: Total: $10,000.00 4266965=315337 1 agree to pay the total amount shown above in competence with the cardholder agreement MERCHANT COPY S? John From: Fry, John Sent: Monday, August 18, 2008 3:42 PM To: Fry, John; sales@swwp.us Subject: RE: Sun Room SO# 986 Mike, After teardown of siding, I see that I can reach a 2x4 stud for wall support by adding an additional 2 inches to Gabled end. Please change dimensions to 19'x14'6" and send drawings for approval. Thanks John From: Fry, John _ ._._..___...x r... ,., .. Sent: Friday, August 15, 2008 12:33 PM To: 'sales@swwp.us' Subject: Sun Room So# 986 Michael and Mike, FYI - Fax received, signed and returned. Send drawings for review at your earliest convenience! Thanks and good to work with you all again. John From: Fry, John Sent: Friday, August 15, 2008 9:38 AM To: 'sales@swwp.us' Subject: RE: Sun Room Importance: High Michael Final Sun Room size is 18'-10" x 14'-6". Will you accept 10k and 6k? I think I may be running my limit at $12K... If so, then send me the fax form at 301-571- 1253 immediately and I will sign. Thanks John 301-571-1221 is daytime phone #. From: saless@swwp.us [mailto:sales@swwp.us] Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject: Re: Sun Room John, 54 John From: sales@swwp.us Sent: Wednesday, August 20, 2008 11:14 AM To: Fry, John Subject: Re: Sun Room SO# 986 John, I will be sending the drawings for approval shortly. Due to the change in size of the room there is additional cahrge S 1800.00 thats needs to be paid prior to ordering. Please let me now how you would like to take care of this. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 hqp://www.swwp.ust "The Next Generation of Siding, Windows, Sun Rooms and Doors" ----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Monday, August 18, 2008 03:41 PM To: 'Fry, John', sales@swwp.us Subject: RE: Sun Room So# 986 Mike, After teardown of siding, I see that I can reach a 2x4 stud for wall support by adding an additional 2 inches to Gabled end. Please change dimensions to 19?x14?6? and send drawings for approval. Thanks John From: Fry, John Sent: Friday, August 15, 2008 12:33 PM To: 'sales@swwp.us' Subject: Sun Room SO# 986 Michael and Mike, FYI - Fax received, signed and returned. Send drawings for review at your earliest convenience! Thanks and good to work with you all again. John =rom: Fry, John ;ent: Friday, August 15, 2008 9:38 AM r'o: 'sales@swwp.us' ;object: RE: Sun Room ;mportance: High Aichael 50 34 Fry, John From: Fry, John Sent: Wednesday, August 20, 2008 1:46 PM To: 'sales@swwp. us' Subject: RE: Sun Room SO# 986 Mike S. Price increase is not acceptable. Please stick with old dimensions. J From: sales@swwp.us [mailto:sales@swwp.us] Sent: Wednesday, August 20, 2008 11:14 AM To: Fry, John Subject: Re: Sun Room So# 986 John, I will be sending the drawings for approval shortly. Due to the change in size of the room there is additional cahrge $1800.00 thats needs to be paid prior to ordering. Please let me now how you would like to take care of this. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 http://www.swwl)us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" -----Original Message--- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Monday, August 18, 2008 03:41 PM To: 'Fry, John', sales@swwp:us Subject: RE: Sun Room SO# 986 Mike, After teardown of siding, I see that I can reach a 2x4 stud for wall support by adding an additional 2 inches to Gabled end. Please change dimensions to 19?x14?6? and send drawings for approval. Thanks John From: Fry, John Sent: Friday, August 15, 2008 12:33 PM To: 'sales@swwp.us' Subject: Sun Room SO# 986 Michael and Mike, 83 37 Fry, John From: Fry, John Sent: Wednesday, August 20, 2008 2:37 PM To: 'sales@swwp. us' Subject: RE: Sun Room SO# 986 Original quote was for 18'x16' pending final measurements ....We changed it 18-10 to 14-6. - i.e. We added 10 inches to gabled end and subtracted 18 inches from sides. No price change. Size is 18'10* x 14'6" -signed and faxed. On Monday I sent e-mail requesting adding two inches to gabled end -but if that cost is another $1800, then please ignore and go with orginal. Pls. Call me at 301-571-1221 if you have further questions. John From: sales@swwp.us [maitto:sales@swwp.us] Sent: Wednesday, August 20, 2008 2:28 PM To: Fry, John Subject: Re: Sun Room SO# 986 John, So we are going with the original Size of 18' x 14'? Please confirm this size. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 httl2://www.swMT.us/ "The Next Generation ofsiding, windows, sun Rooms and Doors" ----Original Message----- From: Fry, John [mailto:John.e.Fty@intelsatgeneral.com] Sent: Wednesday, August 20, 2008 01:45 PM To: sales@swwp.us Subject: RE: Sun Room SO# 986 Mike S. Price increase is not acceptable. Please stick with old dimensions. From: sales@swwp.us [mailto:sales@swwp.us] Sent: Wednesday, August 20, 2008 11:14 AM To: Fry, John Subject: Re: Sun Room SO# 986 John, 78 Fry, John From: Fry, John Sent: Wednesday, August 20, 2008 3:10 PM To: 'sales@swwp.us' Subject: FW: Sun Room Importance: High Mike, See below - Size is 18'10x14'6" for $16K. - Please send drawings. John Fax is 301-571-1253. From: Fry, John Sent: Friday, August 15, 2008 9:38 AM To: 'sales@swwp.us' Subject: RE: Sun Room Importance: High Michael Final Sun Room size is 18'-10" x 14'-6". Will you accept 10k'and 6k? I think 1 may be running my limit at $12K... If so, then send me the fax form at 301-571- 1253 immediately and I will sign. Thanks John 301-571-1221 is daytime phone #. From: sales@swwp,us [mailto:sales@swwp.us] Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject: Re: Sun Room John, I will honor the previous pricing if you place the order tomorrow with payment as follows; Deposit Friday August 15, 2008 Visa card - $12,00.00 Balance Due on delivery by Visa card or Check - $4,000.00 Total cost = $16,000.00 As per our previous Email - The sunroom as per our conversation will be gable roof 18'x 14' with 2 -36"full view glass entry doors, i -6' sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... 75 S ?. Fry, John From: sales@swwp.us Sent: Wednesday, August 20, 2008 3:49 PM To: Fry, John Subject: Re: Sun Room John, Per our email and price, the sunroom dimensions are 18'x 14', please refer to previous email as this is what the sales order was processed as. You in turn sent the sates order back penciling in 18' 10" x 14' 6". For the additional sizing there is an additional cost factor. The room is larger, the roof needs to be made larger, etc........ 1 am working with you on thiis and even absorbed the factory increase. I am not able to absorb much more. The best 1 am able to do on this with the changes will be to split the cost difference which will be an additional cost of $765.00 to make it at 18' 10 x 1416- Thank you, Michael John, (previous email and price quote) The sunroom as per our conversation will be 18' gable roof x 14' with 2 -36"full view glass entry doors, 1 -6' sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... total = 16,000 delivered to your home 8,000.00 deposit to hold price 8,000.00 to put into production Thank you, I look forward to working with you on this project Michael 42 q, D John From: Fry, John Sent: Wednesday, August 20 2008 3:55 PM To: , 'sales@swwp.us' Subject: RE: Sun Room Michael - I understand and thanks - I appreciate you working this out I agree with price increase of $765 for a 18'10" x 14'6". Thanks John 301-571-1253 - fax. From: sales@ swwp.us [n lad :sales@swwp.us] Sent: Wednesday, August 20, 2008 3:49 PM To: Fry, John Subject: Re: Sun Room John, Per our email and price, the sunroom dimensions are 18'x 14', please refer to previous email as this is what the sales order was processed as. You in turn sent the sales order back penciling in 18' 10" x 14' 6". For the additional sizing there is an additional cost factor. The room is larger, the roof needs to be made larger, etc........ 1 am working with you on thiis and even absorbed the factory increase. I am not able to absorb much more. The best ! am able to do on this with the changes will be to split the cost difference which will be an additional cost of $765.00 to make it at 181 10 x 14'6. Thank you, Michael John, (previous email and price quote) The sunroom as per our conversation will be 18' gable roof x 14' with 2 -36"full view glass entry doors, 1 -6 sliding glass door, slider windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as noted, etc...... total = 16,000 delivered to your home 8,000.00 deposit to hold price 8,000.00 to put into production 71 l EXHIBIT B John From: sales c@swwp, us Sent: Thursday, August 14, 2008 8:47 PM To: Fry, John Subject: Re: Sun Room John, I will honor the previous pricing if you place the order tomorrow with payment as follows; Deposit Friday August 15, 2008 Visa card - $12,000.00 Balance Due on delivery by Visa card or Check - $4,000.00 Total cost = $16,000.00 As per our previous Email - The sunroom as per our conversation will be gable roof 18' x 14' with 2 -36"full view glass entry doors, 1 -6' sliding windows, picture window transoms, glass traps, 4 skylights, a 6" roof system with 127.75 psf load rating. electrical prep as norted'der, etc...... If this is satisfactory, You may contact my office tomorrow and speak with Mike. Provide Mike with your Visa card information, once processed, he will then fax or email you the sales order and credit card signature form. Once we receive the sign forms back we will then have drawings to you by wednesday of next week to sign off on: E=esigucaotTwe will put into Productiewmiddetiver&ayou, Awdism 2 weeks, f wa that date. Michael SWWP Inc. 717-258-6011 ----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, August 14, 2008 05:00 PM To: sales@swwp.us Subject: RE: Sun Room Product Engineering Sheet from Vista. Michael Can we still get under the increase? If so, then how can 1 get the money to you? I would prefer to place this on Visa. 50% now ? 50 % on delivery is OK. John From: sales@swwp.us [mailto:sades@ swwp•us] Sent: Thursday, August 14, 2008 4:14 PM To: Fry, John Subject., Re: Sun Room product Engineering Sheet from Vista. John, Ok, This is good, Are you ready to place the order ? Michael ---- Original Message---- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] 57 EXHIBIT C Fry, John From: sales@swwp.us Sent: Monday, August 25, 2008 2:24 PM To: Fry, John Subject: Re: Drawing review. John, The room size is 19'x 14'6". However in order to have the transoms above the doors the will be an additional charge of $725. That was not in the original quote. Please let me know what you want to do with this situation. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 hqp://www.swyM.us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" ----Original Message-- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Friday, August 22, 2008 10:06 AM To: sales@swwp.us Subject: RE: Drawing review. Mike Sure 8?3 wall height is acceptable. Also - Please confirm gabled width? 19? is preferable as I can hit a wall stud. Thanks John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Friday, August 22, 2008 9:55 AM To: Fry, John Subject: Re: Drawing review. John, In order to install glass transoms above the doors the side wall height will have to be increased to 8 Ft ? 3 in. Is this okay? Thank you, Mike SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 http://www.swwa_us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" 31 ?? Fry, John From: Fry, John Sent: Monday, August 25, 2008 2:32 PM To: 'sales@swwp.us' Subject: RE: Drawing review. Mike 1 think you meant: "in order to have the glass transoms above the doors there is an additional charge of $725.° If that is what you meant, can we agree to an additional cost of $500? That would put the total to $16, 765 + 500 = $17,265 Then, I will owe you $7,265 on delivery. John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Monday, August 25, 2008 2:24 PM To: Fry, John Subject: Re: Drawing review. John, The room size is 19'x 14'6". However in order to have the transoms above the doors the will be an additional charge of $725. That was not in the original quote. Please let me know what you want to do with this situation. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 hgp://www.swwp.ust "The Next Generation of Siding, Windows, Sun Rooms and Doors" -----Original Message— From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Friday, August 22, 2008 10:06 AM To: sales@swwp.us Subject: RE: Drawing review. Mike Sure 8?3 wall height is acceptable. Also - Please confirm gabled width? 19? is preferable as I can hit a wall stud. Thanks John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Friday, August 22, 2008 9:55 AM ZY 55 4 Fry, John From: sales@swwp.us Sent: Monday, August 25, 2008 2:40 PM To: Fry, John Subject: Re: Drawing review. John, Yes that is what I meant but the total price has to be $17,490. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions If, 12, or 15 hqp://www.swwp.us/ "The Next Generation of Siding; Windows, Sun Rooms and Doors" ----Original Message---- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Monday, August 25, 2008 02:31 PM To: sales@swwp.us Subject: RE: Drawing review. Mike 1 think you meant: ?in order to have the glass transoms above the doors there is an additional charge of $725.? If that is what you meant, can we agree to an additional cost of $500? That would put the total to $16, 765 + 500 = $17,265 Then, I will owe you $7,265 on delivery. John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Monday, August 25, 2008 2:24 PM To: Fry, John Subject: Re: Drawing review. John, The room size is 19'x 14'6". However in order to have the transoms above the doors the will be an additional charge of $725. That was not in the original quote. Please let me know what you want to do with this situation. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 hqp://www.swwo.us! "The Next Generation of Siding, Windows, Sun Rooms and Doors" -----Original Message----- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] 25 / , 7 Fry, John From: Fry, John Sent: Monday, August 25, 2008 3:00 PM To: sales@swwp.us Subject: YOU DOG..... Agreed. Please send drawings Mike Agreed - but..... You are killing me - are you giving me any benefit? I'd originally requested Glass Transoms all around... Please no more increases or changes in price. I will Agree to the additional cost for a total of $17,490 (you dog - you managed to get your $150011M) Please send drawings. (But hey I need to look at bright side .... you saved me money going to 19'). Hey Mike, on another subject, I'd wanted to ask you about the roof and doors .... (I will need them Lol-'s). Is roof coming from Vista? I saw on the old drawings that it states roof is from another vendor (I'd ordered R-25 roof with 4 sunlights). Slider and Doors (full length glass) on old drawing are from another vendor too. I'm hoping you are sending me quality stuff. I need the other materials too, like caulk, screws, flashing, silicone glide (to install windows) too - I'm hoping, praying and expecting that these don't cost more. Thanks John From: sales@swwp.us [mailto:sales@swwp.us] Sent: Monday, August 25, 2008 2:40 PM To: Fry, John Subject: Re: Drawing review. John, Yes that is what I meant but the total price has to be $17,490. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11. 12, or 15 hdp://www.swwR.us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" -----Original Message---- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Monday, August 25, 2008 02:31 PM To: sales@swwp.us Subject: RE: Drawing review. Mike 1 think you meant: ?in order to have the glass transoms above the doors there is an additional charge of $725.? If that is what you meant, can we agree to an additional cost of $500? That would put the total to $16, 765 + 500 = $17,265 48 q & EXHIBIT D Fry, John From: Fry, John Sent: Tuesday, August 26, 2008 3:50 PM To: 'sales@swwp.us' Subject: See Fax. Mike, I've signed and faxed the order. Please confirm receipt. John 41 Window/Door Sales Order Corporate Office Estimated Ship Date Date S.O. No. h S N § M treet ort 469 E W S Carlisle, PA 17013 w 9/5/2008 8/15/2ofJS 996 - Name / Address Ship To John 1: Fry Jr. John V Fry Jr. 3 Seville Wary Gaithersburg, MI) 20878 3 .Seville Way Gaithersburg. MD 20878 301-571-1221 301-571-1221 301-571-1253 301-371-1253 Terms Due Date Rep I Job Name 8/13/2008 Mis Fry No Description Qty. Size ( W x H) / LOCOb t Rate Amount I Sunroorn with gable roof, 19' x 14' 6" with 2 -36"full view glass entry doors. 1 -6' 1 19'x 14'6" 17.490.00 17.490.OOT sliding glass door. slider windows. picture window transoms, glass trips. 4 skylights, a 6" roof system. With electrical prep - White 0 000/0 00 0 Out-of-state a de. exempt f-om sales tax . . P4? Total I S17.490.00 I afTinn that I am aoltty rtsponsiblo fnr the above items ordered. 1 have provided all information for the above order including mcasurematts and specifications.l understand that the ship date is estimated. I runhcr understand that all items are special order, all nwi4s, applied to this order is non refundable. All items are Non retumabl t ?iiehan on windows or doors. I affirm this by signing this as indicated below. Signature Phone 0 Fax # E-mail Web Site 717-2511-6011 717-258-6046 sales(glswwp.us www.iwwp.us PA - NY - CT - NJ - DE - vA - bC - MD - MA - W VA 5-5 Fry, John From: sales@swwp.us Sent: Wednesday, August 27, 2008 7:56 AM To: Fry, John Subject: Re: See Fax. John, I received the signed copy of the final sales order. Thank you, Mike S SWWP Inc. 1-866-909-7997 extentions 11, 12, or 15 http://www.swwp.us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" ----Original Message---- From: Fry, John [maiito:John.e.Fry@int3eisatgeneral.com] Sent: Tuesday, August 26, 2008 03:50 PM To: sales@swwp.us Subject: See Fax. Mike, I?ve signed and faxed the order. Please confirm receipt. John 17 J EXHIBIT E Fry, John From: Fry, John Sent: Monday, November 17, 2008 9:56 AM To: sales@swwp.us Subject: Roof Panels too short. Mike, Thanks for checking this out. I've received fourteen 8'x4'x6° roofing sections. Unfortunately, they are not long enough to span the distance from ridge beam to wall - my calculations are 11'6° to span this distance and allow for a foot soffit. On the skylights, there is no trim or install directions - is this available online? I've two 20' sections of angle iron - I'm assuming this is used against house as the start of the roof - please confirm. Finally, I think I'm missing some comer molding that covers where the roof panels and top of wall meet This is typically the same molding as we use on bay window comers - where window and wall meet It radius curved and approx. 3" wide. I'll need two sections of 15'. Thanks john Fry, John From, Fry, John Sent: Monday, December 01, 200810:27 AM To: 'sales@swwp.us' Subject: Roof Replacement? Room fits perfect ... Other: Two Window Weep vents needed and Please check doors. Mike, How are things on your side today? Did you have a good Thanksgiving? The Sunroom is ready for the new (longer) roof panels. Do you have an estimate on the delivery? Please also remind them of the sky lights (4). When we installed one of the windows - we broke two weep vents that are on the bottorn of the horizontal sliders. Is there a way to get two replacements? These are two small (-1 inch) weep hole covers. (we forgot to insert the %* vinyl shim into the sill and drove the window into the channel - which broke the weep vents). Also did you find out about the C-Molding for the top of the left and right walls? About the only thing I'm having problems with is the left and right doors - they don't fit the openings because the frames are -3/4' too tall. It looks as if I will need to plane the tops of them to get them to fit. Also the wood trim doesn't match the rest of the vinyl sunroom. I will probably replace the wood trim with vinyl brick molding. It almost looks like these are not the correct doors. Please confirm - that they are the correct doors.... before I start hacking up the frames to get them to fit. All in All - this was an excellent KD system - and easy to install. Thanks for your time. Cheers! John Other - non-important issues: Overall Sunroom Size was 19'x14'6° exact and it fits perfectly! The bottom of the front posts were not trimmed - we had to cut -3/4" of Aluminum off the bottoms - no big deal, we cut them off with a circular saw.. We had extra F connectors! Hurray! One of the door posts on the left side had an electrical cutout on the wrong side - no big deal we just drilled another. The vinyl on the beam on the right front above the smallest trapezoid window was not cut correctly - I've not installed it yet. I will have to cut the vinyl with a hack saw to get it to fit. The 6' sliding door fits perfectly into opening. It is a very good high quality sliding door! Thanks. More than enough self taping screws - thanks! The front center post that holds the roof was too long and needed to be cut to size. This is understandable since the roof system was separate, and they had no way to know the beam dimension. I've not installed the beam yet. That is next. John Fry, John From: sales@swwp.us Sent: Monday, December 01, 2008 2:11 PM To: Fry, John Subject: Re Roof Replacement? Room fits perfect... Other. Two Window Weep vents needed and Please check doors. John, Thanksgiving went well here and you? Your doors are correct and I am suprised there are any issues at all with the room being designed for those door. Also I sent you out the Weep Vents in the mail today so you should have those tomorrow. I am waiting on an answer from the the manufacturer on when the roof will hit my dock. Its good to hear eveything has gone smoothly for you so far. Thank you, Mike S SWWP Inc. 717-258-6011 ext. 16 hqp://www.s..us/ "The Next Generation of Siding, Windows. Sun Rooms and Doors" -----Original- Message---- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Monday, December 1, 2008 10:26 AM To: sales@swwp.us Subject: Roof Replacement? Room fits perfed...Other: Two Window Weep vents needed and Please check doors. Mike, How are things on your side today? Did you have a good Thanksgiving? The Sunroom is ready for the new (longer) roof panels. Do you have an estimate on the delivery? Please also remind them of the sky lights (4). When we installed one of the windows ? we broke two weep vents that are on the bottom of the horizontal sliders. Is there a way to get two replacements? These are two small (-1 inch) weep hole covers. (we forgot to insert the 1/2? vinyl shim into the sill and drove the window into the channel ? which broke the weep vents). Also did you find out about the C-Molding for the top of the left and right walls? About the only thing I?m having problems with is the left and right doors ? they don?t fit the openings because the frames are -3/4? too tall. It looks as if I will need to plane the tops of them to get them to fit. Also the wood trim doesn?t match the rest of the vinyl sunroom. I will probably replace the wood trim with vinyl brick molding. It almost looks like these are not the correct doors. Please confirm ? that they are the correct doors?.before I start hacking up the frames to get them to fit. All in All ? this was an excellent KD system ? and easy to install. Thanks for your time. Cheers! John Other ? non-important issues: Overall Sunroom Size was 19?x14?6? exact and it fits perfectly! The bottom of the front posts were not trimmed ? we had to cut -3/4? of Aluminum off the bottoms ? no big deal, we cut them off with a circular saw.. We had extra F connectors! Hurray! One of the door posts on the left side had an electrical cutout on the wrong side ? no big deal we just drilled another. The vinyl on the beam on the right front above the smallest trapezoid window was not cut. correctly ? I?ve not installed it yet. I will have to cut the vinyl with a hack saw to get it to fit. The 6? sliding door fits perfectly into opening. It is a very good high quality sliding door! Thanks. c, Z Fry, John From: sales@swwP.us Sent: Thursday, January 08, 2009 4:02 PM To: Fry, John Subject: Re: Pictures John, I was told that the rood will ship on Monday or Tuesday of next week. I will get more of a solid answer tomorrow if I can. It should be here in time to ship everything down to you together. Thank you, Mike S SWWP Inc. 1-866-909-7997 extention 16 http:www.swwp.us/ "The Next Generation of Siding, Windows, Sun Rooms and Doors" ----- original Message--- From: Fry, John [mailto:John.e.Fry@intelsatgeneral.com] Sent: Thursday, January 8, 2009 02:33 PM To: sales@swwp.us Subject: Pictures Mike, We have sufficient trim material. Notice on these pictures that the L brackets are installed and have not been cut t length. They extend beyond the wall edge. Once the roof is on, I?ve two (2) pieces of 16? Gable trim and two (2) paces of 22? gutter. This is more than sufficient ? if they want to replace the 22? gutters with smaller lengths of 16? to save some money, then that is ok. The beam and wall brackets have been up for some time now. I?m praying that the new roof system is same thickness as old system (6? thick). If it is less I?ve a problem, since the siding is cut. If it is more, then 1?II just cut more siding and move the top L-bracket up to allow for the increased thickness of the roof. My wife is starting to get on my case. As we discussed the City of Gaithersburg is on my case too. Since I?ve not asked for final approval, they sent a letter and think that I?ve either suspended development or abandoned the projectl I?ve written them, but I?ve not received a response yet Enjoy and KEEP push?em for a delivery date. Thanks John 29 //(0 JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. = CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 2009-4649 JOHN FRY VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that he is attorney for the Plaintiff herein and makes the Verification of the Plaintiff s Complaint based upon the facts as supplied to him by the Plaintiff, because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for the filing of this pleading, and that the facts and circumstances set forth in this pleading are true and correct to the best of his knowledge, information, and belief. Date: July ;L, 2009 Douglas C. Lovelace, Jr., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant : NO. 2009-4649 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff, John Fry, hereby certify that on July 28, 2009, I served a true and correct copy of the foregoing Plaintiff's Complaint upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Andrew H. Shaw, Esquire 200 S. Spring Garden St. Suite 11 Carlisle, PA 17013 "?5 Douglas C. Lovelace, Jr., Esquire Attorney Identification Nwnber: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 2??!(`.., ., .., t• It l .. ?. SJ rt r? ? i ? t ;j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FRY, NO.: 20094649 Plaintiff V. CIVIL ACTION - LAW SWWP, INC., Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: John Fry c/o Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 You are hereby notified to file a written response to the New Matter that was filed on September 3, 2009 within twenty (20) days from service hereof or a judgment may be entered against you. By: Ahdrew H. Shdw, Esqbife Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN FRY, NO.: 20094649 Plaintiff V. SWWP, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, this ? day of September, 2009, comes the Defendant, SWWP, Inc., by and through its attorney, Andrew H. Shaw, Esquire and files the instant Answer and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Paragraph 3 of Plaintiff's Complaint is a legal conclusion to which no response is required. 4. Admitted. 5. Admitted. 6. Denied as stated. Exhibit A speaks for itself. 7. Admitted. 8. Denied as stated. Exhibit B speaks for itself. As a matter of further response, the Sales Order, Page 32 of the attachments to Plaintiff's Complaint states "I understand that the ship date is estimated." 9. Admitted. 1 10. Admitted. 11. Denied as stated. Exhibit C speaks for itself. 12. Denied. It is specifically denied that Defendant led Plaintiff to believe the sunroom kit would be supplied by Vista. Specific proof thereof is demanded at trial. As a matter of further response, Defendant is a wholesaler of sunrooms and maintains a business practice of not disclosing the names of its suppliers. 13. Admitted. As a matter of further response, Defendant is a wholesaler of sunrooms and maintains a business practice of not disclosing the names of its suppliers. 14. Admitted. As a matter of further response, Defendant is a wholesaler of sunrooms and maintains a business practice of not disclosing the names of its suppliers. 15. Denied as stated. Exhibit D speaks for itself. 16. Admitted. 17. Admitted. 18. Admitted. 19. Denied. It is specifically denied that on September 8, 2008, Plaintiff asked Defendant when the sunroom would be delivered. Strict proof thereof is demanded at trial. 20. Denied. It is specifically denied that on September 15, 2008, Plaintiff asked Defendant when the sunroom would be delivered. Strict proof thereof is demanded at trial. 21. Admitted. 22. Denied. It is specifically denied that on October 14, 2008, Plaintiff asked Defendant to confirm the sunroom would be delivered the following week. It is further denied that Defendant did not respond to Plaintiff's question. Strict proof thereof is demanded at trial. 2 23. Denied. It is specifically denied that on October 23, 2008, Plaintiff asked Defendant when the sunroom would be delivered. Strict proof thereof is demanded at trial. 24. Admitted. 25. Denied. It is specifically denied that on October 28, 2008, Plaintiff requested that Defendant deliver that portion of the sunroom Defendant had in its possession. It is further denied that Defendant did not respond to Plaintiff's request. Strict proof thereof is demanded at trial. 26. Admitted in part and denied in part. It is admitted that Defendant delivered the complete sunroom on or about November 14, 2008. Defendant denies the remainder of Paragraph 26 of Plaintiff's Complaint. Strict proof thereof is demanded at trial. 27. Denied. Defendant denies that Plaintiff paid the balance remaining of $7,490.00. As a matter of further response, Defendant has no record of payment, and therefore believes that Plaintiff must not have paid the remaining balance. Strict proof thereof is demanded at trial. 28. Admitted in part and denied in part. It is admitted only that on November 17, 2008, Plaintiff e-mailed Defendant that the roofing sections were too short. Defendant denies any inference that Defendant was at fault for shipping roofing sections that were too short. 29. Denied as stated. Exhibit E speaks for itself. 30. Admitted. 31. Denied. It is specifically denied that on December 10, 2008, Plaintiff asked Defendant when the correct roof panels would be delivered. It is further denied that Defendant did not respond to Plaintiff's question. Strict proof thereof is demanded at trial. 3 32. Denied. It is specifically denied that on December 15, 2008, Plaintiff asked Defendant when the correct roof panels would be delivered or advised Defendant that as winter progressed it was becoming more critical to install the roof on the sunroom. It is further denied that Defendant did not respond to Plaintiff's question. Strict proof thereof is demanded at trial. 33. Denied. It is specifically denied that on December 26, 2008, Plaintiff asked Defendant when the correct roof panels would be delivered. Strict proof thereof is demanded at trial. 34. Admitted in part and denied in part. It is admitted that Defendant advised Plaintiff on the ship date. Defendant denies any inference that Defendant confirmed an actual ship date, as Defendant specifically stated "I was told that the roo[f] will ship on Monday or Tuesday of next week." See Page 110 of the attachments to Plaintiff's Complaint. As a matter of further response, Defendant was not the manufacturer of the sunroom and was dependant upon the manufacturer to determine the actual shipping date. 35. Admitted. 36. Admitted. 37. Denied. It is specifically denied that on January 30, 2009, Plaintiff forwarded a copy of his November 17, 2008 e-mail to Defendant. It is further denied that Plaintiff also informed Defendant to ship roof panels at least eleven feet in length as soon as possible, so Plaintiff could complete the sunroom. It is further denied that Defendant did not respond. Strict proof thereof is demanded at trial. 38. Denied. It is specifically denied that on February 10, 2009, Plaintiff requested that Defendant order the correct length roof panels immediately. It is further denied that Defendant did not respond to Plaintiff's request. Strict proof thereof is demanded at trial. 4 39. Admitted. 40. Denied. It is specifically denied that on February 24, 2009, Plaintiff again affirmed the need for correctly sized roof panels to Defendant. Strict proof thereof is demanded at trial. 41. Admitted. 42. Admitted. 43. Admitted. 44. Denied. It is specifically denied that Defendant's President, on March 19, 2009, informed Plaintiff's wife that the order was being processed and Defendant would advise Plaintiff when Defendant received the panels. Strict proof thereof is demanded at trial. 45. Denied. It is specifically denied that on March 24, 2009, Plaintiff informed Defendant that it was in breach of the contract and demanded that Defendant remit to Plaintiff $5,593.99. Strict proof thereof is demanded at trial. 46. Admitted. 47. Admitted. 48. Admitted. 49. Admitted. 50. Paragraph 50 of Plaintiff's Complaint is a legal conclusion to which no response is required. 51. Admitted in part. It is admitted that on May 28, 2009, Plaintiff e-mailed Defendant's President and that Defendant's President did not respond. As to the remainder of Paragraph 51 of Plaintiff's Complaint, after reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff. 5 Count I 52. No responsive pleading required. 53. After reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 53 of Plaintiff's Complaint. 54. Paragraph 54 of Plaintiff's Complaint is a legal conclusion to which no response is required. 55. Paragraph 55 of Plaintiff's Complaint is a legal conclusion to which no response is required. 56. Paragraph 56 of Plaintiff's Complaint is a legal conclusion to which no response is required. 57. Paragraph 57 of Plaintiff's Complaint is a legal conclusion to which no response is required. 58. Paragraph 58 of Plaintiff's Complaint is a legal conclusion to which no response is required. 59. Paragraph 59 of Plaintiff's Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count I of Plaintiff's Complaint. Count II 60. No responsive pleading required. 61. After reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 61 of Plaintiff's Complaint. 6 62. Paragraph 62 of Plaintiff's Complaint is a legal conclusion to which no response is required. 63. Paragraph 63 of Plaintiff's Complaint is a legal conclusion to which no response is required. 64. Paragraph 64 of Plaintiff's Complaint is a legal conclusion to which no response is required. 65. Paragraph 65 of Plaintiff's Complaint is a legal conclusion to which no response is required. 66. Paragraph 66 of Plaintiffs Complaint is a legal conclusion to which no response is required. 67. Paragraph 67 of Plaintiff's Complaint is a legal conclusion to which no response is required. 68. Paragraph 68 of Plaintiff's Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Coun t II of Plaintiff's Complaint. Count III 69. No responsive pleading required. 70. After reasonable investigation, Defendant is without information or knowledge sufficient to answer the averments made by Plaintiff in Paragraph 70 of Plaintiff's Complaint. 71. Paragraph 71 of Plaintiff's Complaint is a legal conclusion to which no response is required. 7 72. Paragraph 72 of Plaintiff's Complaint is a legal conclusion to which no response is required. 73. Paragraph 73 of Plaintiff's Complaint is a legal conclusion to which no response is required. 74. Paragraph 74 of Plaintiff's Complaint is a legal conclusion to which no response is required. 75. Paragraph 75 of Plaintiff's Complaint is a legal conclusion to which no response is required. 76. Paragraph 76 of Plaintiffs Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count III of Plaintiffs Complaint. Count IV 77. No responsive pleading required. 78. Paragraph 78 of Plaintiffs Complaint is a legal conclusion to which no response is required. 79. Admitted. 80. Denied. It is specifically denied that Defendant has not delivered to Plaintiff the complete sunroom kit. 81. Paragraph 81 of Plaintiffs Complaint is a legal conclusion to which no response is required. 82. Paragraph 82 of Plaintiffs Complaint is a legal conclusion to which no response is required. 8 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count IV of Plaintiff's Complaint. Count V 83. No responsive pleading required. 84. Paragraph 84 of Plaintiff's Complaint is a legal conclusion to which no response is required. 85. Paragraph 85 of Plaintiff's Complaint is a legal conclusion to which no response is required. 86. Denied. It is specifically denied that Defendant continues to refuse to deliver the roof panels to Plaintiff. 87. Paragraph 87 of Plaintiff's Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count V of Plaintiff's Complaint. Count VI 88. No responsive pleading required. 89. Paragraph 89 of Plaintiff's Complaint is a legal conclusion to which no response is required. 90. Paragraph 90 of Plaintiff's Complaint is a legal conclusion to which no response is required. 91. Paragraph 91 of Plaintiff's Complaint is a legal conclusion to which no response is required. 9 WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Count VI of Plaintiff's Complaint. NEW MATTER 92. Paragraphs 1 through 91 are incorporated herein by reference as though set forth in full. 93. Plaintiffs' Complaint fails to state any cause of action upon which relief may be granted. 94. Plaintiffs' claims are barred by the doctrine of unclean hands. 95. To the extent that Plaintiffs have suffered any damage, said damage was caused by Plaintiffs, and not by the action or inaction of Defendants. 96. Plaintiffs' claims are barred because they have failed to mitigate any damages they may have suffered. 97. Plaintiffs' claims are barred by the doctrine of estoppel. 98. Plaintiffs' claims are barred by the doctrine of laches. 99. Plaintiffs' claims are barred by the defense of accord and satisfaction. 100. Plaintiffs' claims are barred by the statute of fraud. 101. Plaintiffs' claims are barred by the doctrine of consent. 102. Plaintiffs' claims are barred by the doctrine of duress. 103. Plaintiffs' claims are barred by the doctrine of release. 104. Plaintiffs' claims are barred by the doctrine of waiver. 105. Plaintiffs' claims are barred by the doctrine of res judicata. 106. Plaintiffs' claims are barred by the doctrine of collateral estoppel. 10 107. The sales order signed by Plaintiff on or about August 26, 2008 (page 53 of Plaintiff's exhibits in Plaintiff's Complaint) clearly states "I have provided all information for the above order including measurements and specifications." 108. In providing the information for the sunroom to Defendant, Plaintiff failed to inform Defendant that he wanted a sunroom with a roof designed to install shingles. 109. Instead of providing a roof designed to install shingles (unfinished roof), Defendant provided a roof not designed for shingles (finished roof), which is the more common roof used by Defendant. 110. The sales order signed by Plaintiff on or about August 26, 2008 (page 53 of Plaintiff's exhibits) clearly states "I affirm that I am solely responsible for the above items ordered. I have provided all information for the above order including measurements and specifications." 111. In providing the measurements for the sunroom to Defendant, Plaintiff failed to inform Defendant that Plaintiff wanted an overhang of One (1) foot for the roof. 112. The complaint by Plaintiff that Defendant supplied roofing sections that were too short were a result of Plaintiff not providing accurate measurements to Defendant, to provide for an overhang of One (1) foot. 11 WHEREFORE, Defendant respectfully requests this Honorable Court to rule in favor of Defendant and dismiss Plaintiff's Complaint. Respectfully submitted, Date: - ) -or By: Andrew M. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Defendant 12 VERIFICATION I, Michael Palson, verify that the statements made in this Answer are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Michael P OF Th ; r nY 20P SIEP -3 NJ t,: 3 c u V : IN THE COURT OF COMMON PLEAS JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. SWWP, INC. : CIVIL ACTION - IN LAW Defendant : NO. 2009-4649 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this 21" day of September, 2009, comes Plaintiff, John Fry, by and through his undersigned attorney, Douglas C. Lovelace, Jr., Esquire, and files this Reply to Defendant's New Matter, and in support thereof states as follows: 92. No response required under the Pennsylvania Rules of Civil Procedure. 93. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that he states multiple causes of action upon which relief may be granted, avers Defendant's denial of such is so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 94. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of unclean hands, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 95. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that the damages he claims resulted solely from Defendant's actions or failure to act when it was legally obligated to do so. 96. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that he mitigated his damages resulting from Defendant's actions and failure to act when legally obligated to do so and such mitigation is reflected in Plaintiffs claim for damages. 97. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of estoppel, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 98. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of laches, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 99. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the defense of accord and satisfaction, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 2 100. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the statute of frauds in that Plaintiff s full performance and Defendant's partial performance of the agreement renders the Statute of Frauds inapplicable to this matter. 101. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of consent, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 102. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of duress, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 103. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of release, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 104. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of waiver, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 105. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. in the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of res judicata, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 106. Denied. Defendant's averment sets forth an incorrect conclusion of law to which no further response is required by the Pennsylvania Rules of Civil Procedure. In the event and to the extent Defendant's averment is found not to be a conclusion of law, Plaintiff avers that his claims are not barred by the doctrine of collateral estoppel, avers Defendant's claim of such to be so devoid of basis as to be vexatious, and demands strict proof to the contrary at trial. 107. Denied as stated. The sales order speaks for itself. By way of further answer, Plaintiff specifically denies Defendant's disingenuous characterization of the sales order. By way of further answer, Plaintiff avers he provided all specifications requested, provided Defendant, on or about July 23, 2008, the drawings Plaintiff submitted to Gaithersburg Planning commission showing a 12-inch roof overhang, and that Plaintiff and Defendant understood the design of the sunroom was based on the design Defendant previously provided Plaintiff's neighbor. The sales order of August 15, 2008 showed a general description of the size of the room and specified the thickness of the roof, but not its length, since Plaintiff previously specified to Defendant that the roof would require a 12-inch overhang. By way of further answer, neither throughout its course of dealings with Plaintiff, nor during prior litigation of this matter in District Court, did Defendant ever raise a question as to whether Plaintiff provided 4 incorrect roof specifications to Defendant. On the contrary, Defendant's actions implied that Defendant clearly understood that Defendant supplied incorrectly sized roof panels. 108. Denied. Plaintiff specifically requested from Defendant a roof that could be shingled. The sales order, drafted by Defendant, was insufficiently specific to note whether the roof system was to be capable of accepting shingles. In an attempt to get Defendant to order the correct roof system, Plaintiff even provided Defendant the item number from Urban Industries for the correct roof system. 109. Admitted in part and denied in part. Plaintiff admits that Defendant failed to provide Plaintiff a roof system designed to accept shingles. Plaintiff specifically denies Defendant's claim that a roof system designed to not accept shingles is the more common roof system. By way of further answer, Plaintiff avers that roof panels with a plywood substrate layer are designed for shingle installation, panels without plywood cannot hold shingling nails, and both types of panel systems can be left un-shingled. By way of further answer, Defendant provided Plaintiff's neighbor a roof system designed to accept shingles, even though Plaintiff's neighbor did not request one designed to accept shingles, and Plaintiff's neighbor's roof remains un-shingled. 110. Denied as stated. The sales order speaks for itself. By way of further answer, Plaintiff incorporates by reference his responses in paragraphs 107 through 109 above, as though stated fully herein. 111. Denied. Plaintiff incorporates by reference his responses in paragraphs 107 through 109 above, as though stated fully herein. 112. Denied. Defendant states an incorrect conclusion of law to which no further response is required under the Pennsylvania Rules of Civil Procedure. In the event and to the 5 extent Defendant's averment is considered not to be a conclusion of law, Plaintiff incorporates by reference his responses in paragraphs 107 through 110 above, as though stated fully herein. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in his favor and against Defendant for damages in the amount of three times $7,728.99, plus accrued interest, award Plaintiff reasonable attorney fees and costs, and grant such other relief as the Court deems necessary or proper, an amount that does not exceed the jurisdictional amount for compulsory arbitration in accordance with local rule. Respec ly submitted, DOUGLAS C. LOVELACE, JR., Esquire Attorney for the Plaintiff Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Dated: September 21, 2009 6 JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 20094649 VERIFICATION The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, that he is attorney for the Plaintiff herein and makes the Verification of the Plaintiffs Reply to Defendant's New Matter based upon the facts as supplied to him by the Plaintiff, because the Plaintiff is outside the jurisdiction of the court and the Plaintiff s Verification cannot be obtained within the time allowed for the filing of this pleading, and that the facts and circumstances set forth in this pleading are true and correct to the best of his knowledge, information, and belief. Date: September 21, 2009 46,0e i-e, 4,? el Douglas C. Lovelace, Jr., Esquire Attorney I.D. No. 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS JOHN FRY : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 20094649 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff, John Fry, hereby certify that on September 21, 2009, I served a true and correct copy of the foregoing Plaintiff's Reply to Defendant's New Matter upon the below named individual by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Andrew H. Shaw, Esquire 200 S. Spring Garden St. Suite 11 Carlisle, PA 17013 ?6 tcta? 4,--1-01 Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 CAF THE Fi(-,r: ?• f?^Y 2009 SEA' 21 F 1 *. v { 4? IN THE COURT OF COMMON PLEAS JOHN FRY CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC.. Defendant : NO. 2009-4649 PRAECIPE FOR ENTRY OF JUDGMENT FROM ARBITRATION AWARD To the Prothonotary: Please enter judgment on the attached arbitration award in favor of the plaintiff, JOHN FRY, and against the defendant, SWWP, INC., in the amount of $4,675.88. Date: November 8, 2011 44r r., c4oe- OW Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 Attorney for Plaintiff czr =m o ? M- - =M M cnr- -< -Q r :;O I CO f" 0 7. C1 230 3 z o z c`3 om --s x- 7> -4 cn /1/. 0 0,0 12/ A7? e?lo?y ?#;2 6706 A/OhLe eol;G190( John Fry SWWP, Inc. Plaintiff Defendant In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2009 _4649 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co monwealth and that we will discharge the duties of our office with fidelity. 0,,e.-4, r Sign ure Signature Signature Wayne Melnick Name (Chairman) Pa Fish & Boat Law Firm 1600 Elmerton Ave Address Harrisburg, PA 17110 City, Dirk Berry Christopher Rice Name Name Nu V Law ffc bf X# k Berry Marston Deardorff Fi Law Firm 44 . ? ano er St. 10 East High Address Address Carlisle, PA 17103 Zip City, Zip Carlisle, PA 17103 City, Zip Award We, 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 stated.) rnr???1 X02 }? 1? J Jo v'\ F(1, t? - In 4 Q 0 -7 5 .Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: October 6, 2011 w / a '0 Date of Award & )??-01' .45" ! S-. 1'(.z. . Notice of Entry of Award Now, the J f day of 6)( - rf , 20 at M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. A tors' ompensati o be paid upon appeal: $ -35e' Prothonotary 1/) U By: Deputy TRUE COPY FROM RECORD byes*nonf whereof,) here unto set my hared aid #W at said at isle, Pa. TWO day Of 20 protlwriotary t M IN THE COURT OF COMMON PLEAS JOHN FRY CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW SWWP, INC. Defendant NO. 2009-4649 CERTIFICATE OF SERVICE I, Douglas C. Lovelace, Jr., attorney for Plaintiff, JOHN FRY, hereby certify that on November 8, 2011, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Enter Judgment from Arbitration Award, upon the below named individual, by depositing the same in the United States mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania. SERVED UPON: Andrew H. Shaw, Esquire 200 S. Spring Garden St. Suite 11 Carlisle, PA 17013 Ct4pe 41-W - Douglas C. Lovelace, Jr., Esquire Attorney Identification Number: 83889 36 Donegal Drive Carlisle, PA 17013 (717) 385-1866 C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIbA CIVIL DIVISION r r? PRAECIPE FOR WRIT OF EXECUTION JOHN FRY ? Confessed Judgment { Plaintiff ? Other ° File No. 2009-4649 VS 3 Cz Q `,- . Amount Due $4,675.88 SWWP, INC. Defendant Interest from November 8, 2011 Address: Atty's Comm 651 Alricks Street Costs To be determined Harrisburg, Pennsylvania 17110 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Dauphin County, for debt, interest and costs, upon the following described property of the defendant (s) All personal property of any nature located within the structure or immediate vicinity of the Defendant's address located at 651 Alricks Street, Harrisburg, Pennsylvania 17110 and all other personal property within the dominion and control of the Defendant, wherever it is located. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Dauphin County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supplv six copies of the description; supply four copies of lenathv personalty list) All accounts including but not limited to savings, checking, and other accounts, certificates of deposit, notes, receivables, collateral, pledges, documents of title, securities, coupons, and safe deposit boxes in the possession of Wachovia Bank located at 30 North 3rd Street, Harrisburg, Pennsylvania 17101 or any other branch of Wachovia Bank. and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date J/ 07 40 _ Signature: & Print Name: f aq.0o Ph ATry Address: ail. o N-00 - Attorney for: (04• $0 4,2.,15 0w?! 50 Lt pendens a ainst real estate of the 0 r Douglas C. Lovelace, Jr., Esquire 36 Donegal Drive Carlisle, PA 17013 Plaintiff Telephone: (717)385-1866 Supreme Court ID No: 83889 1108 ?*a?soss WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4649 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN COUNTY: To satisfy the debt, interest and costs due JOHN FRY, Plaintiff (s) From SWWP, INC, 651 Alricks Street, Harrisburg, PA 17110 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of any nature located within the structure or immediate vicinity of the Defendant's address and all other personal property within the dominion and control of the Defendant, wherever it is located.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: WACHOVIA BANK, 30 North 3rd Street, Harrisburg, PA 17101 All accounts including but not limited to savings, checking and other accounts certificates of deposit, notes, receivables, collateral, pledges, documents of title, securities, coupons and safe deposit boxes in the possession of Wachovia Bank located at 30 North 3`d Street Harrisburg, PA 17101 or any other branch of Wachovia Bank. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,675.88 L.L.$.50 Interest from 11/8/11 Atty's Comm % Due Prothy $2.25 Atty Paid $69.50 Other Costs Plaintiff Paid Date: 5/11/12 David D. Buell, Prothonota (Seal) By: U i1rin.0 Deputy REQUESTING PARTY: Flame DOUGLAS C. LOVELACE, JR, ESQUIRE Address: 36 DONEGAL DRIVE CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-385-1866 1D4 838$9 SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee JOHN FRY COURT OF COMMON PLEAS : COUNTY OF CUMBERLAND VS. SWWP, INC. : NO. 09-4649 and WELLS FARGO BANK N.A. GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf Wells Fargo Bank, N.A., Garnishee in the above-captioned matter. Date: L4 Q_ 00 TOP .a (, s'J s SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee r 31 2 /? E rr cml JOHN FRY COURT OF COMMON PLEAS COUNTY OF CUMBERLAND vs. SWWP, INC, WHOLESALE BUILDING : SUPPLIES : NO. 09-4649 and WELLS FARGO BANK N.A. GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: JOHN FRY, Plaintiff 1. No. 2. Account titled Swwp Inc. (6852) with a zero balance, and an account titled Swwp Inc., Wholesale Building Supplies (0825) with a zero balance. These accounts have been restricted pursuant to this writ. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. Dated: (0 A1- (l Legal Order Processing. P. O. Box 7600 11th Floor -Y1372-113 Philadelphia, PA 19106 VERIFICATION Lisa Burke, being duly sworn according to law, deposes and says that she is the Writ of Execution Administrator of Wells Fargo Bank, Garnishee herein, and verifies that the statements made I the forgoing Answers to Interrogatories are true and correct to the best of knowledge., Said Garnishee understands that false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to sworn falsification to authorities. ?Li?Sa?Ba?ke Manager Dated: Coq-((-Z" R n SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Siren, Esquire ti Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee JOHN FRY vs. SWWP, INC. and COURT OF COMMON PLEAS C'") COUNTY OF CUMBERLAND -u3 • rn Zrn NO. 09-4649 • rx • .C i? A G C"1 WELLS FARGO BANK N.A., GARNISHEE x, PRAECIPE TO THE PROTHONOTARY: ?F3 w Kindly enter a Rule upon Plaintiff to either seek judgment against Garnishee, Wells F Bank, N.A., under Rule 3143(g) or to place the issue between Plaintiff and Garnishee upon the for trial, or in the alternative, to suffer judgment of non pros against Plaintiff and in favor Garnishee, Wells Fargo Bank, N.A. Date: 150 - I c - -•tC3 Ca -T C7. V SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee JOHN FRY COURT OF COMMON PLEAS COUNTY OF CUMBERLAND VS. SWWP, INC. : NO. 09-4649 and WELLS FARGO BANK N.A.. GARNISHEE RULE TO THE PROTHONOTARY: AND NOW, this. !!§ay of A.(W1?_, 2012, a Rule is hereby granted upon Plaij to seek judgment against Garnishee, Wells Fargo Bank, N.A., under Rule 3143(g) or to place issue between Plaintiff, Defendant and Garnishee upon the list for trial within twenty (20) days the service hereof or to suffer Judgment of Non Pros against Plaintiff. PROTHONOTARY -:?2 - SIRLIN GALLOGLY & LESSER, P.C. By: Jon C. Sirlin, Esquire s Identification No.: 17498 123 South Broad Street Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee JOHN FRY VS. COURT OF COMMON PLEAS COUNTY OF CUMBERLAND SWWP, INC. : NO. 09-4649 and WELLS FARGO BANK N.A. GARNISHEE To: Douglas C. Lovelace, Esquire 36 Donegal Drive Carlisle, PA 17013 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X PRAECIPE FOR RULE OF NON PROS _ JUDGMENT BY DEFAULT _ MONEY JUDGMENT _ JUDGMENT IN REPLEVIN _ JUDGMENT FOR POSSESSION _ JUDGMENT ON AWARD OF ARBITRATION _ JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS