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Home My WebLink About04-5194 COMMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL /olS-IOY FROM JUDICIAL DISTR leT DISTRICT ,JUSTICE JUDGMENT 211U~~---.!~'~, /oi4''f ~. COM":'(),"-"LE~_N.".:.. () 'I. S.1.9 '1_ ~ ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal honl the Judgment rendered by the District Justice on the date and in the case mentioned below. ........"'.Or-......,....L..........T ~---~-r~:~~:~30. -.M' OF 0' Ambassador Home Improvements, Inc. A"'P'tlRess OF .......E;Ll.-....NT c:nY ST....T..- 211' COPE 10/11/04 Front Street 1':::aC;::;:; ~ome Harrisburg PA 17110 3907 North ,IJ' O....TE OF JUOGMI!!:NT CV 19 LT 19 This block will be signed ONLY when this R,C,P,J,P, No, 1008B, 251-04 Improvements, Inc. v., Sam Hollinger and Diane Hollinger , ----TONATU.' OF-V'OU/0;/"" . AG'N',= notatiorl is required -under Pa. , CL..A,IM NO This Notice of Appeal, when I-eceived by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was Claimant {see Pa. R.C.?J? No. 1001(6} in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after ffling his NOTICE of APPEAL. Sign8ture of Prothonotary or Deputv PRAECIPE TOI ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see fa. R.C.P.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 (Comnlon Pleas No. Name of appel/ee(s) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s), to file a complaint in this appeal Enter rule upon S(q"ature of appellant or his attorney Of agent RULE: To Name of appel/ee(s; , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rull, 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE, (3) The date of service of chis rule if service was by mail is the date of mailing. Date: ,19 Signature of Prothonotary or Deputy White m_ Prothonotary Copy Green ~--" Court File Copy Yellow -.- Appellant's Copy Pink ------ Appellee Copy Goid ------ 0, J. Copy PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the nolice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : $5 AFFtDAVIT~ I hereby SW{~,H or affirm thJI 1 '>\.:'IVl'd o a copy of the Notice of Appeal, Common Pleas No. ____~__, upnll the District Justice designated therein Oil (date ofservlceJ___,_~__,_,_, 19~, [J hy personal service [J by (certified) (registeredl mail, sender's receipt attached lwreto, ,mclupon the nppellee, (name)__.__~_ _ ___ ______.___________. 011 , 19 ~ [-j by Iwrsonal service [] by (certified) (rcQlstered) mail, sender's receipt attached hereto. n_ _ _ o and further that I served the Rule to File a CompliJint accompanYing the above Notice of Appeal upon the appellcc(sl to whom the Rule was address.ed on_.__ ._________, 19 ._~, 0 by pt~rsoni:ll service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _,19__ Signature of iJffianr Signature of official before whom affidavir was l1JiJde ~ ~ ~ ] , , '" 8, Iv ~ r~,-> ~, (', \ '" .z !<-, v- I'''':; ~ v, -, ~ ~ ~ ~\ r Title of official My commission expires on ,19_, '\:, k ~ c, \.,.. ~ ~' " ~'- 1-.. - ~ ~ '" t~ "- 'it . -- " ~t " ~~ '- '..\ t ~ "- - '" ~ ~ '-.I t ./'" /' ,? ".. COMMONWEALTH OF PENNSYL VANIA COUNTY OF: CUMBERLAND 09-3 -03 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS lAMaASSADOR HOME IMPROVEMENTS, INC.' 3907 N. FRONT ST. HARRISBURG, PA 17110 L ~ VS. Mag. Dis!. NO OJ Name: Hart Address SUSAN K. DAY 229 ~LL STREET, BOX 167 MT. goLLY SPRINGS, PA r'''ph,,, (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS 'HOLLINGER, SAM & DIANE, ET AL. 10 FLAGSTONE DRIVE CARLISLE, PA 17013 L , ATTORNEY FOR PLAINTIFF RONALD D. BUTLER, ESQ. 500 N. THIRD ST.. P.O. BOX 1004 HARRISBURG, PA 17108-1004 Docket No,: cv- 0000251- 04 Date Filed: 8/10/04 ~ '* T~IS IS TO NOtIFY YOU THAT: Judgment: DEFAULT JUDGMRNT DEF_ [iJ [i] Judgment was entered for: (Name) HOl.!. nTr.RR, RAM ~ nTA1\TR Judgment,was entered against: (Name) I', 'I in the~ount of $ AMR.I\SSAnOR HOMR TMPROVRMRNTS, /\ , ,,00 on: (Date of Judgment) 10/11/04 o o o Defendants are jointlY' and severally liable, Damages wi~(b~ assessed on: (Date & Time) , This case dismissed without prejudice, Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total $ $ $ $ $ .00 .00 .00 .00 .00 O Amount of Judgment Subject to AttachmenV42 Pa,C,S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO. APPEAL WITHlN.,3IU1AXS-AFIEB. TIlE-ENTRYQF: JUDGMENT a'l FJillIGAIIlOnCE 0.1' APPEAL WITH THE PRQTHQNQTARY/CLERK 0.1' THE CQURT 0.1' CQMMQN PLEAS, CIVIL DlVISIQN, YQU MUST INCLUDE A CQPV 0.1' THIS NQTICE 0.1' JUDGMENTITRANSCRIPT FQRM WITH YQUR NQTICE 0.1' APPEAL. EXCEPT AS QTHERWISE PRQVIDED IN THE RULE~ 0.1' CIVIL PRQCEDURE FQR DISTRICT JUSTICES, IF THE JUDGMENT HQLDER , ELECTS TO. ENTER THE JUDGMENT IN THE COURT QF COMMON PLEAS, ALL FURTHER PROCESS MUST CQME FRQM niE CQURT QF COMMON PLEAS AND NO. FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE, UNLESS THE JUDGMENT IS ENTERED IN THE COURT QF CQMMQN PLEAS, ANYQNE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FQR ENTRY 0.1' SATISFACTIQN WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTQR PAYS IN FULL, SETTLES, QR OTHERWISE CQMPLlES WITH THE JUDGMENT, t1 ."""'''. , ..,..,. ~r~l1: i' Date. I .' ...:~. ."': Oisl'$IJUstice I certify tha1 this is a true L :;ect~opy of the reca, d of th proceedings '~n;<!~tng' the jUd~~nt. ...,......, : Date ", ,Distrtcl"Justice '. .. My commission expires first Monday of January, 2010 , , '.:~.:., S6N- AOPC 315-03 DATE PRINTED: 10/11/04 9:57:19 AM ru I U] "... u.s. Postal Service CERTIFIED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage ProvIded) ~I_" ,." Postage I enitiedlee! , Postrlla eceiptFee Here t Required) eliveryFee t Required) ge& Fees $ 4.42 10/19 rk U] C) C) C) C) C) C) ,." ru Hl C) C) f'- U] C) C C) CJ Return R (Fndors8lllen CJ Restrided 0 Cl !E.ndorseI1l8n C) ,." /04 Total Posta ru o Sen/To CJ District ["- 'Streel.--AjX"iiJo,:' I m POBox No Jus t i ce .n~.~~_~_~___~_._u.~~X__ 229 Mill Street, Box 167 C-,iy, Stare.-zip;T ________________uon - Mt. Holly Springs, PA "... U] U] "... U.S. Po tal Service CERTI lED MAIL RECEIPT (Domestic all Only; No Insurance Coverage Provided) "...1 ru , "...~ rTl -P::t:~-~_______ ____~~~-- I'"":';;;; r. . --'. Restricted Delivery Fee ' iEndorsementRequlred) i , -------'-----'-1 Total Postage /~ Fees $ 4.42 _J Sent To Mr. an<iJlr:,s~n Sam ,Hollinger '5ti-eet~Ap't- "No'.;- or PO Box No. 10 Flagstone Drive .t'itv,'s-iate,'ZIP;4-- Carlisle, PA 17013 ..________________.._____ _ _U_"_~_u_______ _________. --------. Pnz,tll1<lrk Hen" 10/19/04 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ;ss AFFIDAVIT: I hereby swear or affirm that I served [X] a copy of the Notice of Appeal, Common Pleas (date of service) October 19'. , m;2004, receipt attached hereto, and upon the appellee, (name) October 19, ,fg<:2004 [l by persollal service No. 04-5194 ,upon the District Justice designated therein on o by personal service (lq by (certified) (registered) mail, sender's Sam Holling!er_,and Diane Hollina:er , all ~ by (certified) (registered) mail, sender's receipt attached hereto. accompanying the above Notice of Appeal upon the appel1ee(s) to ,19__, D hy personal service 0 by (certified) (registeredl D and further that I served the Rule to File a Complaint whom the Rule was addressed on mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 19troAY OF October ,lIlJ2iliL4 of.: was Inade Notarv Public Title of off/cial My commission expires on .19_, ...ot;IMONWEALTH OF PENNSYLVANIA Nm'ARlAL SEAL CHERYl. L FERGUSON, ....., "'- CIly 01 HIrIfIIug, IlIuphkI CoutIIr My Coilltl1lulud ExPres AprIl!, JllOI ~._-~_....-,.---,.- ~- k//w Ronald D. Butler Sigmltun' of affiant ,.., = ,0:=> .c- O ("? ...... ", C) -0 ::J;: Cf! CJ 0:> o -., :::l :L,.1 rl1F':': -rJm "r,O < [ S~:\.:J ~~~ '-) ~ ':0 ..,:..: COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JDJ~d(;y L JUDICIAL DISTRICT DISTRICT ,JUSTICE JUDGMENT I.. If) ':>{."./ ,"'{A.r I() ',' , f~ ",{f'4 . COMMON PLEAS No. C lfS-/ q '/ ",- l.A,,~1 -1' L<-, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal hom the judgment rendered by the District Justice on the date and in the case mentioned below. NAM. OF APPe:l.,l.,ANT ~rG~;~~~~30. NA.A o. 0' STAT!;> Ambassador Home Impro.ements. Inc. ADORESS OF APPl!i:l.,l.,ANT CITY ZIP COOl!: 3907 North Front Street Harrisburg PA 17110 DATI!: OP JUOGM.NT IN """I! CAllE OF (PI",,,,I') '0"''',,,,,,,,,, 10/11/04 CV 19 LT 19 251-04 Ambassador Home Improvements, Inc. VA, Sam Hollinger and Diane __]'G~TU.A o. "".'^{j]IJ)T~=~ when this notation is required under Pa. Hollinger Cl.,AIM NO. This block will be signed ONLY R,C,P,J,P, No, 1008B, This Notice of Appeal, when received by the District Justice. a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothon7;tarv or DeputV -d If appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLtjlNI';within twenty (20) days after filing his NOTICE of APPEAL. will operate as ~~~------ PRAECIPE TO RNTER RULE TO FILE COI\W,l<AINT AND RULE TO FILE IThis section of fOlm 'I<l ,bJ1Jt.dsOO'l ON/.,Y, Wh'o1il, app.~IJ;'I,nt' ~1i!J:J~E,fiIiNDANT Isee Pa, R,CP,J,P, No, /00/(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be selved upon appellee). 'i' PRAECIPE: To Prothonotary Enter rule upon Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. ;-[1(.., Signature of appellant or hisattornev or agent RULE: To Name of appellee(s) , appellee!s) (1) You are notified that a rule is hereby entered upon you to file a compiaint 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 timEl, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE, (3) The date of service of chis rule if service was byrnail is the date of mailing. Date: .19 Signature of Prothonotary or Deputy White -~~. Prothonotary Copy Green m. Court File Copy Yellow --- Appellant's Copy Pink .m.. Appellee Copy Gold----nD, J, Copy BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney I.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PAl 71 08-1 004 (717) 236-1485 lawyers@butlerlawfirm.com AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOLLD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita or en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABODAGO ThMED1A TEMENTE. S1 NO TIENE ABOGADO 0 S1 NO TIENE EL D1NERO SUF1CIENTE DE P AGAR TAL SERV1CIO, V A Y A EN PERSONA 0 LLAME POR TELEFO:~O A LA OF1CINA CUY A D1RECC10N SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEQU1R AS1STENC1A LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney J.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108-1004 (717) 236-1485 lawvers@butlerlawfirnl.com AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL VANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, the Plaintiff, Ambassador Home Improvements, Inc" by and through its attorneys, Butler Law Firm, files this Complaint against Defendants, Sam Hollinger and Diane Hollinger, and in support thereof avers the following: 1. The Plaintiff, Ambassador Home Improvements, Inc., is a Pennsylvania corporation engaged in the home improvement business with its principal place of business at 3907 North Front Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant, Sam Hollinger, is an adult individual residing at 10 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania 17067. 3. The Defendant, Diane Hollinger, is an adult individual residing at 10 Flagstone Drive, Carlisle, Cumberland County, Pennsylvania 17067. 4. On or about March 11, 2004, Defendants entered into a written home improvement contract with Plaintiff for the purchase and installation of basement improvements at a total contract price of$16,961.00. A true and correct copy of said contract is attached hereto and made a part hereof as Exhibit "A". 5. At the time of signing the contract, Defendants were presented with and signed a document entitled Notice of Cancellation informing them that the deadline to cancel the contract was midnight, March 15, 2004. A true and correct copy of said Notice of Cancellation is attached hereto and made a part hereof as Exhibit "Boo. 6. Defendants did not cancel the contract before midnight, March 15,2004. 7. Defendants have failed and refused to honor the contract by refusing to accept the windows and pay the purchase price. 8. Pursuant to the terms of the contract, Plaintiff is entitled to liquidated damages in the amount of thirty three and one-third (33 1/3%) percent of the total contract price in the event the contract is terminated without consent. This amount (less Defendants' $100.00 deposit) is $5,553.67. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to enter judgment in its favor and against Defendants, Sam Hollinger and Diane Hollinger, in the amount of $5,553.67 plus interest and costs of suit and to grant any such other relief as it deems appropriate_ Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff BY~/)u- Ronald D. Butler, Esquire I.D. #09826 lana Butler Toole, Esquire I.D. #80574 500 N OIih Third Street P.O. Box 1004 Harrisburg, PAl 71 08-1 004 (717) 236-1485 ~evl:'> eJ) Ambassador Roroe lroJ'fOveroents \rIl). 3907 N. Front gt. Harrisburg, vA. 11110 800..t$W-BASEMBNT . 800_619-2213 . ~....;,....... ~ ~~.~ . I , " . JL f " Jcotl between Jfl/F!f 'i~ ,I, IlL- , <Bnyer) his contract is roade on thiS ,daY 0 ' ~ ' ' . . " LC ",d Arobassador \1otne hnl"""eroents lnc. a Franc1Jised 1JlSla11er of OWellS ,c(JttlingBaSeroent F1\11sblnl1 System. L h t turn" h all I.ber and roaterlal necessary to Jleffoon tbe "",rk betelnafl<,r set forth on the l Co1Jl1lanY), w 0 agreeS 0 is j.. (a.JoJ.l..' inthe City of C M-/l:' -e ' premises oftbe Buyer located ,at. tV.. L J Z' C..1, 11l>1---L . e ' s t ,{ /..., I' ' 1P oue I IV'.z--- Count'J(f"""",h1P " \Jl e ,0 " . ~ nUt. ".:~;.;::- 1J}bO~ -Work Ph.one-;;.I'1.I':;~ 8_ ce\\ Phone..------- -e"..u . ---- "ome ,uone~, ~ ------ Descnptiltu Of"'ltrltWeed \JpllU: outside 2"" walts (appro") ..0-- Lineal feet \nSide I" walls (aPl""") ~Lineal feet L.::') cO\'emolding: (circle one) wooa-ll""" ~ Vertical b.ttens: (cirCle olle) ~ wood-grain white Base "",Iding: (circle oni:) ~ ",bi'" outside molding: (circle one) wood,graIn wbi'" Designer D.C. \1e""gon1'OIeVlrap Qt:;. ____ (CirCle oue) Oak Paintable pole Wrap #2 Pine Qty. ---- 'tear Out -------n s'luare feet c,e.,ting: (aWro") .!JJ!!-- SfJO"" feet .' Can Lights Qt'f:.-1J2---- (one sWitch inclllded pet etght \lghts) Additional switch Qty: ---- DitnIUer switch Qty: ---- outlets Qty: ~ phone Jack Qty: ---- Cable Jack Qty:---- Electtica1 Sllh-panel---- (CirCle oue) '{es }lo IJ<>Ors: JtightlLeft Swing , 30"- or 36"- Bi-fold 4' J- 6' - l'renchdoor 6' - carpet (circle one) CaIP"t installed by ColllPanY (cirCle one) .~ I 5h~A-S( hO/l'f ~df,l 'tV !fJ w<;e~.5 ~..n-, JAv sW 11r" 'ON F.~-rP<l.<l. v.r'1\AI""\"l1 {{",-rAp 1"1\0:>"\ .. " i ~llll~ s>lYA,\ (() a"llIU "vlU 'AlIOW , ."U)f,uJ llatAIJ1ldS ""O,,\:AI~ ~~ ,,?~A ,,,,,OJ ~O .. X' :If ,,>lOA S~AO S1lt~""ml";\\1l1l.l ->tiO:><l ~J'AAAllIJolVO~ sV<I10,,"":lfll>l"AJ.~AJ. ,,14:lf AI "s~d>titd :5~~~>l~~'f1\' 11"" >ll~ tr> ll",,""fll\l:lf~"""J"""';<O s>I,~ll~Jr~ .;'~~.;'l ~~ ].0" s>I~,*,sS;t1I.JJ<ll O>l s;t)IVW IJolVdVlf -I<OJ SAUIIVlfl\Vt.\S\l;t1ldJ(1l 'f1\' "'~u~~_'w.. ~ . . . .~ ,. "" . .' . . ','" '0' ,,,,, "'" ('j ,. >1"''' i<\t}.' >>" 11""-~...i,,"""d 0\ ",n\1'l ~p01l. ( 'nOO'1" '~l" 1. C,,))O \\1U~,~\1I.1l,l()!V,t\~ '5\, ,,,,, "" ,. "ns"" '" _~. ""~".,\ \ P. ,; '\ __n' >>' n".;.'.....,'ddAO"~1.0~ f:;tdd"G ~<1U", \\"GI\S i<.w1J1:rott\J;.F.{1\ldlJ < . . '" . ' .. t" II __ ,('PO''''';o ""n",""" ..,. ~ <._r" ".' . ..I"""" ""'" "" _P ,,,,,,,, "" '" "'"""" '.' '<" . . ' dol ,'" .. ..""...J ... ""...... ....",...,. ."....,...,,".,1 ."......., AA' "t 11'91"'" "'...,. ""........... . . . . , ' J"'l?'l"n. ."..u.' ''''' " __ .....d" ... ..", ".P"".' '" .. "" A1tl't~~ .......~ ',,:U'}:''':7;:~~~ . f>.-'" ",11"';'''''; "Ii '" ~'" ""'" """"'~ "".\d"'.' '" ",ld"" o. ~!" ':""""'? ::::: ,~. ':.. ......""',.\ "","';''l'' tl"'l' ",,,,,,,,,,,,, .","0" <,"0\' ,,,,,, '111Ug....\,\S\l.u..J ,~.1llqsV.1\t. 11 ~_ "'..... ....>l L'" on, SI"" . : II P . ..~d."<<ov-r~6i\..O<;)S.\O ];lY~k:..."n (Ot) ,\p~' U~{\l~"\. ~~:>~J<;)I . . . . '. . "", 000"" . """..' _ v' . "," ,., " _, ,n 00,",\\""" "do"''''' .. P""" "0''''''' <0' ""':'," '" .o~.!q ,: ~dO"""t' ~ s\l<",old'l.n< ;0 00"""" ,~, 0\ ""~ ,,,.~,,(,... ,,,d,,,OJd U'1l' (5)1"''''' ,1'\""Ul,O ..,,",,'" . .. . ^ <c' _Jo pou~d \1l0j d\t\'3\U1ur ,,~"oO ,"" '" "9"'''' >,,,'''l'J" .."",dO"" JD ".. ,uOJ1- ",. . .'. ". '. < " , ..:.. ...,,;. _"l' (')>''''~'' ,"""" ~'9l1"'" sno>1# ,,"'I' ",-'I". ,,""'.... ' ,,-,_...n11'l yes yes Door Color: wooa-graIn wbi'" (primed) J)oOf Color: e~ ",b1",(prlmed) Doo' Color: ".cod-grall> wbl'" (pnroed) CaIP"tcolor.~ EXH \ B\" Carpet DeliVered on\y(Circleoue) '{es }lo n.o n.o ,,-rPC f'\('\ c~_,~ k' li;conditions of this contract are inc.OJfporated;h~~~iil ;by,1]1~rence and constitute an integratr, ari;;o . 'CO.ntr8tf. '. es the Company has orally disclosedtq~u,~erf1!p~9~I1J~i~Il~~ring into this contract that ;' . !'ij'(S1eoptts of wa" , ,,; ;,:warranted products offered for sale whicb )Jllf,~r(~) ;idmowledge that they have had an oln",::,:":. ., " 'iM\l~cfat any;tifue'duriDg~the'S'alespresentation.. Buyer(s) further specifically\ackJio'Wledge that prior to entering into thige6fitrlfh;tim(have re~d th~ limitedI~ll' ~d 4l~~e~t'f1],1s ,tfP conditions as,~~~:.~t1,' h olt~~!\erse side,of,th1,s\contract. Each Buyer acknowledges that he was orally in19r at tlie'rtm~h~ilgiiea fltlscontract~ot:iHs,rigtit"rO'~)i1ic"elthis contl"act~\: . . ! . 1. Buyer(s)h~r~by warrantiestb~t he is the 'owner and title holder of the premises. 2. It is e~presslyp~c.:irS~o~ .~l\ agniedthat this contract is bi~ldipg imWF~liatel:t, ~'hen;,si~ned: aQdJr non-cancelable thereafter except as contained in the Buyer(s) Nonce ofCarlCenatldO~attacned he:(etl)'and made'ap~tot th,l$I~llt~QY refertJn\(:~.<, : "") c' , '. c " 3. It I;' exPt~.s~ly tmderstoodand agreed that Compa.nyi~Itlflih~\6lttl~dtdIi4uidateddamagesinthe .atnQul1t:M3'~1":JlI3o/.fQ.filh:ei contract price; but 'in no case Icss than $ ~ 000.00. In the. event thi~ ~gre~ment is terminated without thecol1sen: oNy();Pl~~~~tqd~~s termina,teq, ~thin thr7~(~~~b~i~s.,~d(ly~as;providcqjn the uf01'esald Buyer's Notice of Cancellation. In the 'event work has been done III accordallcewltltthe terms of thlscontract';'tJie'n Cbrhpany shall be entitled to liquidated damages in the amount of25%. orthe contract price plus the propOliionate price of any work per(ol1U~4i:,incluQina:but:llot liInitedtQ theorderhJO' and manufacturing or any materials. ' ",' "i '" , 'c' ,. .' , '" ,'" , 4. All promises, understandings and agreements of any kind pertaining to this contract, not melltioned herein, ii;e hereby exClusively waived: and it is agr~ed th~t this instrument shall constitute the entil:e agreem~l1t ,b~!Ween t~e p~rties and. shall not he modi:Q.ed in all~lnalU1er except i!1writillg,sigl.1e~ by all pal1les. It IS further understood atld agreed that the nghts and habtlltles herem gIVen to or lIi"fpos.td upon any of the parties shall extend to lhe successors, execu- tors, administrators and assigns of such parties as though they were in each caseuamed,>', ' ' , 5. It is agreed that in no event shall the liability of Company exceed the contract price. 6. The said Buyer hereby agrees upon substantial completion of work as herein contained to exe-cut\l:~,!~;..~~li~r to C~l1lpany aCertificate~l1fCompletion and pay any balance duc. A I % daily late .charge will be added to any balance overdue, 110t paid upon substantial completion. 7. Company does not guarantee a~~nst al:Y c??difions Qyer whic~ it has nocontwl, such as natural characteristics of raw mate\ials.or finishe,dnro4ucts: nor agamst structural damagesiQJ;cyont:4tJons 01 eXltll1g structurc; nor from damages callSed by others; nor Irom fire, lighting, hail. windstorms or act dfGod; nor fro~n.t11~"mis/1.IJgp.(Il~t!~,9r;.I~~!Iless ~fBuyer's present home, \~alls or floors, nor from the settlement of the builqing or condensation or moiSttu'e conditions thaI now eXlst or may develop from caus~s other t11an company's mstallation. ~~ ~.rillg, in,~.tal~ti?n if il}s ,~1X.~sar~tP us~ the exterior,grounds and yard to attain access to perform the work the C01~R~Ill[\cannot be responsible for any damages done 10 Shrubbery flowerS, 1andscapmg, grass, dnvcways, walkways, etc. ' , , .', 9. Goml?~nx~..p(lBJIY'er agree;t~~~~y:tlction for breach ofthis contract, lncludit1g any action for breach dfwananty, must be~o1nmenc~d within one year after the cause of action has accrued. '. ,,1, Notice, Additicmalterms and. co~ditions: 10. It is agreed that Company shall have the right at any time to sell, transter or assign this contract and lhe monies to be paid IUlder tl)b contract. II. The contract price herein includes only the items purchased. Any additional work requested by the Buyer shall be charged il\ addition to the cOl1lT'.1ct price; provided, however, that the COmpatlY shall advise Buyer ofthe additional charge prior to the commencement of additional work. 12. Workers' compensation and liability insurance is carried by the COmpatlY und is applicable to the work to be performed under this contract. Work is to be pelformed ac,cording to Company specifications. 13. Buyer und~r~tands.t~<!t;!:'ltiIe"pr~<;l!utiOl}.\'ij~.taJ>.enandliability;~nsuraneeis carried; the'Compallyis not tesp6nsible for any interi6rdarnages't'obuilding or contents and Buy,er agrees t,Qs.ave Comp;a~ ~armles~ from any claun th,ereof. , , ' <' \ 14. Buyer understands an~.agrees te.,~Ef~E;:~~~.~ electricity at nqcharge to accommodate the comp~ny to pertorm work agreed upon. ~""<,.,,,.,..._,,,,,,,,,,,,..........~.,,,~ 15. Buyer understands atld agrees that all salvage and sUl'plusmateri~ls are the property of the company and ,arc to be removed by the .compatly. 16. All pennits and fees are the Buyer's responsibility unless otherwise specified in "'Titing. Buyer lUlderstauds that Company may ~ require4 by law to comply with new and/or existing energy/blinding .codes. AlthoughCoIl1patlY shall make, reasonable efforts to comply with these regulations and include them in this original contract, Company does'l1otassumeany responsibiIityforany items requested by inspectors or government departJn.ents that are :n~t speoifrlcally outlined iuthe specifications of this contract 17. Company will 110t he responsible for any areas of the home that were existing or not contracted' fot' if they do not meet current code. Once inspectors are on t11e job they may point out other areas ofthe honle that do not meet current code. Ifthis happens it is the Buyer!:; responsibility to correct these' issues so that a final approval c.ll1 begiven)n this),~y~ntthea\ly~r ~gJ~~sl~ottohol?up a~YRayt!l9n\sJo COlvP~ny~1~1?ese8~h~r isstles are resolved. '. ':, ,,~ ..'; ; ~ {' ':-;",' "<'~' ,("_ - "/' ~ . ,,';;:~., ,i ' ,'; . " , _' , j,_" 18.C~mpat1Y'is not resRonsiblefol' ~allrpree~stingor post installation mold, mi1de~, e~ndensation or water problems. 19: Company doell not'appJyai1rdain~-;J.1lb6fing Of water-proofing of any kind. It is the Customer~ r~SJ?onsjbility to make sure any needed seillants are applied prior to Company starting work. C61npattyfls not responsible for any water damag~" .., , . ,-~ " ,- ; ~ ; , ,i) , , . _' !..; _' :', ,.,.' f r -' , 2(bCompany wilL try to work a.rol1l1diexistfug alarm systems, asb\:stas itcan. ;rbtlre n~a:y:.be situations ,"vhete the Buyer may need to contact their alann company to rewire or reinstall systems. thatweie"itifected by the remode1project. Buyer will be responsibleJOf allY and all ,costs payable to the alarm com- pap.y. . ., i , ,,', '.'_' .... "_'_ _' _. r > :2f:-TliepiujeCIeifcmnj51eooii.1laie-can vary rrom:severaI days~upt(; sixtydaysfionlthcfust day c;{collsiiiictlon depending upon the size al1d scope of the job. If the petfO'qnance ofComJ>any' s obligation hereunder is delayed or becomes impossible or impractible by reason of any act of God, tire, earthquake strike, labor disturbance, civil commotion, acts df-govemment. :its agencies or officers. any order, regUlation, mlingor action of any labor union affecting Complmy or the indusu-y in which it is engaged, or delays- in the delivery of materials .and supplies. Company may upon written notice to Buyer, suspend its obligations hereunder for the duration of such delay, impossibmtyodmpracticabiJity. as the ease may be. A number of days equal to the total of such t4ysof suspension sh~n be added, 10 then current period, ,Company does.notoffer:a.ny monetary discounts if they .finish late. nor cti!lrge more if theytinish early. Buyer agrees that >215/:12/12'4 15:54 NO.270 GJ03 NOTICE OF CANCELLATION 3/// / dt,~tf (Date of Transaction) You may CANCEL this transaction. without any penalty or ubligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the Contract Or Sale, aod an" negotiable instrument executed by yon will he l'eturned within TEN BUSINESS DAYS following reC'ei~t hy the Seller- of your cancellation notice, and any security interest arising out of thf: trans~)ction wiJI be l:ancelcd. If you cao(CI, you must make available to the Seller at your resid.~nce. in substantially as good condition as when recehed, any goods delivered to you under this Contract or Sale; or you may, if you wish, com. ply with the instructions of the Seller regarding the return shipmt~nt of the goods at the Seller's e~pense and risk. If you do make the goods available to the Seller and the Seller does not pick them up within 20 days of the datt of your notice of cancellation, YOll may retain or dispose of th,~ goods without any further obligation. If )'OU fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for pert'ormance of all obligations Undel" the Contract. To cancel this transaction, mail or deliVC/lmiGtned and dated cO,P,Y of this cam"eHation ~e O~ any other written notice, or send a telegram, to 8A- ssltlJ 0 (l..,. HTlm. ( I rqf24i1(ft't;'t' ~ (name of Seller) AT r3CJO'7 tv. facNt Sf ~~~~~WIIO (address of SeHer's place of business) NOTLATER THAN MIDNIGHT OF 3 I I) I )ouy (date) J HEREBY CANCEL THIS TRANSACTION. (date) (Buyer's signature) ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF CANCELLATION: Buyer acknowledges receipt of this Notice of Cancellation and has been orally advised of the right to cancel th~ transaction. LP~~~ j,. "' ~uyer ~~ ~ ' /1( UYllr tY-//-"f( Dale 3...JJ-ot./ Oalr: . EXHIBIT 118" OCT" ~9. 2004 9:51AM 7172367777 NO. 695 P. 9 YERIFICA TION I, Joseph L. Zisman, President of Plaintiff, hereby certify that the facts set forth in the foregoing Complaint are true and correct according to the b(~st of my knowledge, information and belief. I underst311d that any false statements herein are made subject to penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: I 0/2 7/ D ~ '" ~ 0---- eph L. Zi m AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, lana Butler Toole, Esquire, hereby certify that on the 29th day of October, 2004, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Wayne M. Pecht, Esquire Pecht & Associates, P.C. Suite 200 1205 Manor Drive Mechanicsburg, P A 17055-4917 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 C) 1"-.3 ( c::> 0 (;~., ..r:- .1 , 1 ..,... -f ...,';,....... CJ i-n :n < r..... -atg ::0 '. 0(1 -.....;-) , -0 :T.::n , , -:;? ();;=- -".(.".- ,..--'(:":. -;-' ,-) .. W (jn1 ",.r':_~ .. 5; =~ r-.J ~~:J -< ~) ~0 AMBASSADOR HOME IMPROVEMENTS,INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5194 - CIVIL v. CIVIL ACTION LAW SAMUEL AND DIANE HOLLINGER Defendants, NOTICE TO PLEAD TO AMBASSADOR HOME IMPROVEMENTS, INC.: You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. rz~ '-bt~ ~ Rob Bleecher, Esquire Attorney LD. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4917 AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff v. SAMUEL AND DIANE HOLLINGER Defendants, IN THE COURT O:F COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-5194 - CIVIJL CIVIL ACTION LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LA WYER 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AS A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, P A 17013-3308 717-249-3166 NOTICIA LE HAN DElVlANDADO A USTED EN LA CORTE. Si usted quiere defende se de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abodago y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una orden contra usted sin previo adviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. U slted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA COY A DlRECCION SE ENCUEN1RA ESCRIT A ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 717-249-3166 AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT Ol~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-5194 - CIVIJL v. CIVIL ACTION LAW SAMUEL AND DIANE HOLLINGER Defendants, DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAIN1: 1. Denied, After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations, and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that on or about March 11,2004, Defendants discussed with Plaintiff the installation of basement improvements. It is denied that a binding contract was created. 5. Admitted in part and denied in part. It is admitted that defendants were presented with a document entitled Notice of Cancellation. It is denied that said document informed them that the deadline to cancel was midnight, March 15,2004, It is further denied that the document attached to Plaintiffs Complaint as Exhibit "B" is a true and correct copy of said notice. Moreover, because said Notice of Cancellation is defective, Defendants are entitled to rescission of any contract which may have been formed absent this defect. 2 6. Admitted. It is admitted that Defendants did not correctly contact Plaintiff within three business days. By way of further answer, Defendants attempted to reach Plaintiffs salesman numerous times prior to March 15,2004 but were told he was not available each time. 7. Admitted in part and denied in part, It is admitted that Defendants have not received any materials from Plaintiffs and it is admitted that Defendants have paid no additional monies to Plaintiff. It is denied that a valid contract exists between the parties and strict proof thereof is demanded at trial. 8. Denied. It is denied that a provision in the indicated contract provides for liquidated damages and strict proof thereof is demanded at trial. By way of further answer, said paragraph contains an incomplete sentence which makes the paragraph unintelligible, devoid of meaning and unenforceable even if a valid contract existed. Wherefore, Defendants respectfully requests this Honorable Court dismiss Plaintiffs Complaint, to enter judgment in their favor and against the Plaintiff and to award Defendants such remedy as this Honorable court deems appropriate, By way of further answer, the Defendants assert the following: NEW MATTER 9. Paragraphs 1 through 8 are incorporated by re ference as if fully set forth herein. 10. On or about March 11,2004, Plaintiffs came to the home of the Defendants at or about 7 PM. Defendants expected to receive an estimate from Plaintiff for work to be done to their basement. 3 11. Instead of providing an estimate, Plaintiff proceeded to sell Defendants a home improvement contract even though Defendants were very reluctance to sign a contract agreeing to the financial commitment required. 12. Defendants explained to Plaintiff that Defendants' daughter might need Defendants financial assistance, and therefore, Defendants did not want to sign an agreement at that time. 13. In spite of knowing of the Defendants' reluctance to sign, Plaintiff exerted persistent and excessive pressure upon Defendants to sign the agreement that night. 14. Plaintiffs salesperson remained in the Defendants home from approximately 7:00 p.m. until Defendants finally capitulated to his persistent and coercive sales tactics at a quarter till midnight, at which time Plaintiffs salesman scurried from the house. 15. During this time, and in spite of Defendants' many statements that they could not afford the improvements, Plaintiffs salesman continued to talk and stall and attempted to sell Plaintiffs services. Furthermore, at 11 :00 p.m. he used the negotiating ploy made famous in the car sales industry of calling someone on the phone to help negotiate the price for the Defendants. 16. Plaintiff s salesman used this tag-team tactic as one of several tactics to wear the Defendant's down and to provide the excuse he needed to stay in the Defendant's home until they finally wore out at about 15 minutes before midnight. 17. Plaintiffs salesman used the commonly understood fact that most people are too polite to tell a salesman to leave their home, to wear the Defendant's down to the point where they signed the contract just to get the salesman to leave their home. 4 18. Defendants respective ages were 55 and 61 at the time ofthe sales call in their home, and are without sophistication in financial matters. Moreover, they are not the type of people who are capable of withstanding coercive behavior on the part of sales people, especially when those sales people are in their home. 19. As a result of the coercion exerted by Plaintiff s salesman, Defendants signed a document which purported to bind them to a financial arrangement for Plaintiffs services. 20. The coercion imposed by Plaintiff upon Defendants negates any possible meeting of the minds between the parties, and as such any agreement entered into by the parties is voidable by the coerced party. 21. Defendants were without knowledge of the provision in the contract which appears to attempt to impose liquidated damages until the following day when they attempted to read the contract. That paragraph in the contract contains an incomplete sentence which renders the entire paragraph unintelligible and unenforceable. 22. Subsequent to March 11, 2004, Defendants confirmed to themselves that they simply could not afford the payments demanded by Plaintiff in light of the financial needs of their daughter. They tried on several occasions within days of March 11 th to call Plaintiffs salesman to inform him that Defendants did not want the services of Plaintiff, but he was never available and never returned their calls until after the third business day period. 23. Plaintiffs' had not begun work on Defendants home and therefore, suffered no harm. Plaintiff had a duty to mitigate damages and any harm that Plaintiff claims it has suffered must be proven. 5 24. Defendants provided Plaintiff with a $100 deposit at Plaintiffs insistence, which deposit Defendants believe should be returned to them since the Defendants do not want the services Plaintiff offered. 25. Plaintiff is required by the Pennsylvania Unfair Trade Practices and Consumer Protection Law to provide a Notice of Cancellation to a consumer with various information filled in before the customer signs the notice. 26. Plaintiffs salesman failed to fill in the blank informing the Defendants of the date by which they needed to cancel the contract.. 27. This failure is violation under the Pennsylvania Unfair Trade Practices and Consumer Protection Law and it makes the contract void ab initio, and therefore the Defendants were not required to provide Plaintiff with a notice of cancellation, or even to cancel the purported contract at all. COUNTERCLAIM COUNT I - COMMON LAW FRA.UD 28. Paragraphs 1 through 27 are incorporated by reference as if fully set forth herein. 29. Plaintiffs have committed a fraud upon Defendants by virtue of the misrepresentation in Paragraph No.3 of the contract in question, 30. Because said Paragraph is unintelligible and incomprehensible, a reasonable person reading such language would be unable to understand the liquidated damage provision. 31. By virtue of not understanding the provision, a reasonable reader would conclude there was no financial obligation created by the provision, thereby creating a 6 false sense of comfort in the potential buyer, and thus causing the buyer to rely to their detriment on this misunderstanding. 32. Moreover, Plaintiffs salesman failed to direct Defendant's attention to the provision, and failed to tell Defendants that there would be a penalty for cancelling the contract. 33. Plaintiff has benefited from this deceit and misrepresentation and ambiguity and has therefore committed a fraud upon the Defendants. Wherefore, the Defendants requests this Honorable Court to dismiss the Plaintiffs Complaint, find for the Defendants, and award Defendants such relief as this Court deems appropriate COUNT II -UNFAIR TRADE PRACTICIES AND CONSUMER PROTECTION LAW VIOLATION-DURESS 34. Paragraphs 1 through 33 are incorporated by reference as if fully set forth herein. 35. The Pennsylvania Unfair Trade Practices and Consumer Protection Law is a remedial statute designed to protect consumers from unscrupulous sales and business persons and it makes it unlawful to engage in any fraudulent conduct which creates the likelihood of confusion or misunderstanding. 36. That statute recognizes the unique nature of a sales call upon a person in their home, and the susceptibility of many people, especially older Americans, when confronted by sales people in this situation. 7 37. The Plaintiffs salesman remained in the Defendants' home for almost five (5) hours and did not leave in spite of being told by Defendants numerous times that they could not afford the improvement. 38. The coercive behavior of the Plaintiff in the instance case is a violation of the Unfair Trade Practices and Consumer Protection law. 39. The coercive behavior of Plaintiff is exactly the type of harm that the statute was designed to protect against. 40. The Unfair Trade Practices and Consumer Protection law provides a private right of action for consumers and provides for a remedy of treble damages, attorney's fees, and costs. Wherefore, the Defendants requests this Honorable Court to dismiss the Plaintiffs Complaint, find for the Defendants, and award Defendants such relief as this Court deems appropriate COUNT III -UNFAIR TRADE PRACTICIES AND CONSUMER PROTECTION LAW VIOLATION-FRAUD AND DECEPTION 41. Paragraphs 1 through 40 are incorporated by reference as if fully set forth herein. 42. Paragraph No.3 of Plaintiffs standard contract (see Exhibit "A" of Plaintiffs Complaint, which is incorporated by reference hen:in) is a violation of the Unfair Trade Practices and Consumer Protection Law in that lit creates ambiguity and misunderstanding in the minds of consumers and is thus an unfair trade practice. 43. Plaintiffs have committed a fraud upon Defendants by virtue of the misrepresentation in Paragraph No.3 ofthe contract in question. 8 44. Because said Paragraph is unintelligible and incomprehensible, a reasonable person reading such language would be unable to understand the liquidated damage provision. 45. By virtue of not understanding the provision, a reasonable reader would conclude there was no financial obligation created by the provision, thereby creating a false sense of comfort in the potential buyer and thus causing the buyer to rely to their detriment on this misunderstanding. 46. Plaintiff has benefited from this deceit and misrepresentation and ambiguity and has therefore committed a fraud upon the Defi;mdants. Wherefore, the Defendants requests this Honorable Court to dismiss the Plaintiffs Complaint, find for the Defendants, and award Defendants such relief as this Court deems appropriate COUNT IV -UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW VIOLATION-FAILURE TO COMPLY WITH NOTICE OF CANCELLATION PROVISION 47. Paragraphs I through 46 are incorporated by n:~ference as if fully set forth herein. 48. The Unfair Trade Practices and Consumer Protection Law sets forth very specific requirements of any salesperson who sells services in a customer's home. Plaintiff failed to properly complete the Notice of Cancellation by including the date by which the Notice needed to be sent to Plaintiff in the event that the customer wanted to cancel, as required by subsection (c) of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. Section 201-7. A copy of the defectivc;~ Notice of Cancellation is marked Exhibit "I" and is incorporated and attached hereto. 9 49. Plaintiff's failure to comply with the Unfair Trade Practices and Consumer law by providing to Defendants the date by which they were required to cancel the contract is deceptive and fraudulent. 50. The conduct of Plaintiffs in the instance case is precisely the conduct for which the Statute was drafted. 51. Defendants paid $100 to Plaintiff as a deposit and have paid additional money to defend themselves against the demands of Plaintiff in the district justice court and this court of common pleas. 52. The Unfair Trade Practices and Consumer Protection law provides a private right of action for consumers, and provides for a remedy oftreble damages, attorney's fees, and costs. Wherefore, the Defendants requests this Honorable Court to dismiss the Plaintiff's Complaint, find for the Defendants, and award Defendants such relief as this Court deems appropriate Respectfully submitted, PECHT & ASSOCIATES, PC Dated: November 18, 2004 B;,Ko-e, r;~f ~ Rob Bleecher, Esquire Attorney I.D # 32594 1205 Manor Drive, Suite 200 Mechani,csburg, P A 17055 717-691-9810 10 . -w~,~_""'-~_"...... .........,. ~.- .,...,~.- ....-.......~,- ..... .._".,....'. . ..... NOTICE OF CANCELLATION 3/11 / ~l/ (Date of Transaction) ,; " You may CANCEL this transaction, without any penalty or obligati(ln, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the Contract or Sale, and any negotiable instmment executed by you will be returned within TEN BUSINESS DAYS following receipt by the SeDer of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you (ancel,.you must make ,av.ailable to the Seller at your residem~e, in substantially as good condition as wben received, any goods delivered to you under this Contract Olr Sale; or you may, if you wish, com- ply with the instructions of the Seller regarding the return shipment of the goods at the Seller's expense and risk. . If you do make the goods available to the Seller and the Seller does nDt pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the ~~oods without any further obligation. If you fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligatiolls under the Contract. To cancel this transaction, mail or deliver A' _sig,ned and dated cO,PY of this cancellation no*e or any other written notice, or send a telegram, to lJf!Jf2jj $S~ ofL, tfr;m '( :r:: 11>:J(fZ-t-i/I'h'- ~ A-f ." (name of Seller) AT ?f107 N. .f(l.-(J^4 ST Hl7fUl-IS&"'5 PIT / 1/10 (address of Seller's place of business) NOT LATER THAN MIDNIGHT OF (date) I HEREBY CANCEL THIS TRANSACTION. (date) (Buyer's signatun~) ACKNOWLEDGEMENT OF RECEIPT OF NOTICE OF CAN4:ELLATION: Buyer acknowledges receipt or this Notice of Cancellation and has been orally advised of the right to cancel the transaction. 4~e. rt/ t Lp,.-/z("';(?.-.e~ / #' ... Buyer dM'1/.J yer ..y> _ ,,/ /_ 111 Y Date 3 ~ J J --r.?tf Date White. Seller; Additional 4. Customer Copies VJRW-CATION We, Swnuel Hollinger and Diane Hollinger, a~wledg.~ tbat: 1. We are the DefendcIts'1UQ11cdh6r:in; 2. The facts set forth in the foresoiq document !are tr1.1.e and correct to tbQ best of Ol,lt' 'knowledge, informlt;,on, and boltef; and 3- We are aware that felse statements herein are/made subject to the penalti~ of 1.8 Pa, C.S. Section 4904, relating to unswom fa]sifjcari~n to 1\11:horities. Dated: t..lc),,~,," \ ~, ~'t ~// ' _ /'n/~~~ Samuel a.qUinger ~$~7'1:~ Diane Ho. a' 11 CERTIFICATE OF SERVICE, I hereby certify that on the 18th day of November 2004, I served a true and correct copy of the foregoing Answer with New Matter and Counterclaim upon the following person by First Class Mail, postage pre-paid, addressed as follows: Ronald D. Butler, Esquire Butler Law Firm P.O. Box 1004 Harrisburg, P A 17108-1004 Dated: November 18,2004 ~~ ~~ Lk/b..) Rob Bleecher, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055 12 'J t- ' I . r ,}, BUTLER LAW FIRM Ronald D. Butler, Esquire Attorney J.D. No.: 09826 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 lawyers@butlerlawfirm.com AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, the Plaintiff, Ambassador Home Improvements, Inc., by and through its attorneys, Butler Law Firm, files this Reply to Defendants' New Matter and Answer to Defendants' Counterclaim, and in support thereof avers the following: Reply to New Matter 9. No response is required. Defendants merely incorporate paragraphs 1 through 8 of their Answer to Plaintiffs Complaint. 10. Admitted in part and Denied in part. It is admitted only that Plaintiffs salesperson arrived at Defendants' home at or about 7:00 p,m. on March 11,2004. Plaintiff is without sufficient information and knowledge to form a belief as to what Defendants' "expected". As such, said allegation is specifically denied and strict proof thereof is demanded at trial. 11. Admitted in part and Denied in part. It is admitted only that Defendants signed a written home improvement contract with Plaintiff dated March 11, 2004. Plaintiff is without sufficient information and knowledge to form a belief as to the truth ofthe other allegations made in this paragraph. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. 12. Denied. Plaintiff is without sufficient infoffilation and knowledge to form a belief as to the truth of the allegations made in this paragraph. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. By way of further response and explanation, Defendants did sign a written home improvement contract with Plaintiff dated March 11, 2004. 13. Denied. It is specifically denied that Plaintiff exerted "persistent and excessive pressure upon Defendants to sign the agreement that night." 14. Admitted in part and Denied in part. Plaintiffs salesperson made a sales presentation to Defendants' in their home from approximately 7:00 p.m. until 11 :35 p.m. on March 11,2004. The average length of Plaintiffs sales presentations is approximately four (4) hours. All other allegations made in this paragraph are specifically denied. 15. Admitted in part and Denied in part. It is admitted only that Plaintiffs salesperson contacted the office and spoke to the sales manager 10 discuss pricing. All other allegations made in this paragraph are specifically denied. By way of further response and explanation, Defendants could have refused to sign the contract and/or asked Plaintiffs salesman to leave their home at any time. 16. Denied. The allegations made in this paragraph are specifically denied. Defendants could have refused to sign the contract and/or asked Plaintiffs salesman to leave their home at any time. 17. Denied. All allegations made in this paragraph are specifically denied. Defendants could have refused to sign the contract andlor asked Plaintiffs salesman to leave their home at any time. 18. Admitted in part and Denied in part. It is admitted only that the stated ages of Defendants on March 11, 2004, are correct according to Defendants' credit application. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of the other allegations made in this paragraph. As such, such allegations are specifically denied and strict proof thereof is demanded at trial. 19. Admitted in part and Denied in part. It is admitted only that Defendants signed a written home improvement contract with Plaintiff dated March 11, 2004. All other allegations are specifically denied. 20, Denied, The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 21. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. By way of further response and explanation, the contract speaks for itself. 22. Denied. It is specifically denied that Defendants' attempted to contact Plaintiff within three (3) days of March 11,2004. To the contrary, Defendants did not attempt to cancel the contract until March 25, 2004, the scheduled date of the loan closing. Plaintiff is without sufficient information or knowledge to form a belief as to the truth of all other allegations made in this paragraph. As such, said allegations are specifically denied and strict proof thereof is demanded at trial. 23. Admitted in part and Denied in part. It is admitted only that Plaintiff had not begun work on Defendants' home pursuant to the written agreement signed by Defendants. All other allegations made in this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 24. Admitted in part and Denied in part. It is admitted only that Defendants paid to Plaintiff a deposit in the amount of $100.00. All other allegations made in this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 25. Admitted in part and Denied in part. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. 26. Admitted in part and Denied in part. It is admitted only that said blank is not filled in on the copies of the Notice of Cancellation in Defendants' possession. All other allegations are specifically denied. 27. Denied. The allegations made in the paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Defendants' New Matter and grant any such other relief as it deems appropriate. Answer to Counterclaim Count I - Common Law Fraud 28. No response is required. 29. Denied. The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 30. Denied. The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 31. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required, To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 32. Denied. The allegations made in this paragraph are specifically denied and strict proof thereof is demanded at trial. 33. Denied. The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and grant any such other relief as it deems appropriate. Count II - Unfair Trade Practices and Consumer Protection Law Violation - Duress 34. No response is required. 35. Denied, The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 36. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is d{:emed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 37. Admitted in part and Denied in part. It is admitted only that Plaintiff s salesman remained in Defendants' home from approximately 7:00 p.m. until 11 :35 p.m. on March 11, 2004. By way of further response and explanation, Plaintiff s salesman was invited into Defendants' home to make a sales presentation. Defendants could have asked Plaintiffs salesman to leave at any time. 38. Denied. The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 39. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 40. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and grant any such other relief as it deems appropriate. Count III - Unfair Trade Practices and Consumer Protection Law Violation - Fraud and Deception 41. No response is required. 42. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 43. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 44. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is delemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 45. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 46. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and grant any such other relief as it deems appropriate. Count IV - Unfair Trade Practices and Consumer Protection Law Violation - Failure to Comply with Notice of Cancellation Provilsion 47. No response is required, 48. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 49. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 50. Denied. The allegations made in this paragraph constitute a conclusion oflaw to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. 51. Admitted in part and Denied in part. It is admitted only that Defendants paid to Plaintiff a deposit in the amount of $1 00.00. All other allegations made in this paragraph are specifically denied and strict proof thereof is demanded at trial. 52. Denied. The allegations made in this paragraph constitute a conclusion of law to which no response is required. To the extent a response is deemed to be required, said allegations are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Ambassador Home Improvements, Inc., respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and grant any such other relief as it deems appropriate. Respectfully submitted, BUTLER LAW FIRM Attorneys for Plaintiff !hlJ~- By: Ronald D. Butler, Esquire I.D. #09826 lana Butler Toole, Esquire J.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, P A 17108-1004 (717) 236-1485 DEC.10.20043:33PM 7172367777 NO, 319 p, 2 VERIFICATION I, Joseph L. Zisman, President of Plaintiff, hereby certify that the facts set forth in the foregoing Reply to Defendants' New Matter and Answer to Defendants' Counterclaim are true and correct according to the best of my lmowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. e.s. ~4904 relating to unsworn falsification to authorities. Date: 12/ 2 ~/ 0 if AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, lana Butler Toole, Esquire, hereby certify that on the 24th day of December 2004, I served a true and correct copy ofthe foregoing Reply to Defendants' New Matter and Answer to Counterclaim by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Rob Bleecher, Esquire Pecht & Associates, P,C, Suite 200 1205 Manor Drive Mechanicsburg, PA 17055-4917 500 North Third Street P.O. Box 1004 Harrisburg, PAl 7108-1004 (717) 236-1485 AMBASSADOR HOME IMPROVEMENTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO. 04-5194 CIVIL SAM HOLLINGER and DIANE HOLLINGER, Defendants CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark this action settled and discontinued with prejudice as to all claims and counterclaims against all parties. Date: ;) I tJ /e (" --.llJ/d!~:{ Ronald D. Butler, Esquire Attorney for Plaintiff 1.0, #09826 500 North Third S1., 12th Floor 1'.0, Box 1004 Harrisburg, PA 17108-1004 (717) 236.[485 Date:,+(~l) )05 , Esquire Ii. orney for Defendants J.D. #32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9810