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ESTATE OF
RICHARD N. HEFFNER,
Plaintiff
In the Court of Common Pleas of
Cumberland County, Pennsylvania
vs.
No.
01-2990
Civil. 19 -----
DANIEL J. STIMELING. JR. and
NORA A. STIMELING,
Defendants
Enter judgment against the above mentioned Defendant, per the
attached Arbitration Award, in the sum of $2,559.65, plus interest from
4/23/02 and all costs of record.
To
Prothonotary
June
..:; f/.4;;
2002
17110
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In The Court of Common Pleas of
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Cumberland County, Pennsylvania
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OaTH
We do solemnly swear (or affirm) that we
the Constitution of the United States
wealth and that we will discharge the
1} ut1n/Y YJ, IdA:JAA I- dtJ
AWARD ,(, ,J>- ~
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: . If damages for delay are award,ed, ,toey shaH be
'separately stated.)' " ' ,
0~ fit-/) ;J/ f4!o,{ oil A.-/JitVT'j ~ ~ A-6A-illlSl ..[)ILI"M().4#r
ON/...'-/ I Iv TIM ~,/l.Fr~ %Jy0<s9. G.!;)-'
JJIM/i P-i.-. ::T ' S:r; /111 ti1-iNb-. ~ie.,
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applicable. )
. Arbitrator, dissents.
(Insert name if
Date of Hearing:
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Date of Award:
NOTICE OF ENTRY OF All
Now, the c90~"'Y: o,f. ^ f\ ^ "7 Q , lJf&2({J}. at -1L~ llili., the above
award was entered upon tlieIK~:nd notice the,reof given,QY,mai1. to the
parties or their attonleys.
Arbitrators' compensation to be
paid upon appeal:
$ :J90.06
By:
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ESTATE OF RICHARD N. HEFFNER, !
Plaintiff
IN mE COURT bJl" COMtobN'i>u!.As OF
: CUMBERLAND COUNTY; PENNSYLVANIA
VS.
!
CIVIL AcTIoN-lAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
.
.
No;
S 2001
.
.
IN ASSUMPSIT
01- ;n9(j
C;u~l[-~
- NOTtCE -
YOU HAVE BEEN SUmJ IN COtJRT. lf yoli w:l.sh to defend a.,ainll-l: thli
claims set forth in the fOllowihg pages. yoU mUst take lc*ibd Wi~bin tWenty (20)
days after this complaint arid Notice are served, by etitering , written appear-
ance personally ~r by attorney and filing ,in ~titih9 with the CoUt-l: YOUr
defenses'or objections tb the ciaims set fbrtH agaihsi you: Yod lre warned
that if yoU fail to do so the case ~a~ proceed withou-l: you and i judgment may
be entered against yoU by the CoUrt withoUt further notice for any money claimed
in the Complaint or for any other ciai~ or reiief requested by the Plaintiff.
You may lose money or ptoperty or othet tights impottant to yoU.
YOU s\-lo\.JU) TAkE nits PAPER TO YOUR LAWYER AT ONCE. IF YoU 00 NOT HAVE
A LAwYER OR CANNOT AFFORD ONEI GO TO OR TE!..hpHoNE mE OFFICE SET FoRnt Iml..oW TO
FIND OUT WHERE yoU CAN GET LEGAL.HELp. .
COURT ADMINISTRATOR
3rd Floor - Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: 717-697-0371
- NoticIA -
Le hart demandado a listed en ia corte: si listed qUiet. defenderse de
estas demartdas expuestas en 1is paginas kigUiehtes. listed -I:iine vi.dte (20) di..
de plaZb a1 partir de H. fecha l:Ie 1:1. deiilAtit:Ll.y ia.hoHdc.cit:1I1~ b.ted c:lebe
presentar Una aparienci~ escrita 0 eh persoha b pot ~ado y irch!v&r en la
corte en forma esctita sUs deferisas bsua bbjectbbes 1 li. dedlridai en eontrl
de su persona. Sea aUisado qUe si Us~ed hd se defieHde. 1a coz-l:. tomiri aedldai
y puede enir~r tina btden contra usted sin pre~!d Ivisd b bdiificaci6n y POt
cualquir queja 0 a~ivio qUe es pedicle iri 1a. petici6n de ~~di. U8te~ pUede
perder dinero 0 sUs propiedades 0 ottos derecho. impor-l:aniespara U.ied.
LLEW ESTA OEMANoA A UN ABOOAGQ ,if,jMEi)1A~m~ 51 No TIBNB ABOGAtxJ
o 51 NO TIEl'lE EL PItlERO SUFICIENTE bE I>AGA!t TAt.. SERVICIOf vAYA EN.mnsctlA 0
LLAME PaR TELEFONO A LA OFICINA ctTYA btRi;(;ctoN. sl! ENcumnRA i!scaItA AWo pARA
AVERIGUAR OONOE SE PUEbE CONSEGUIR AsiSTENcIA lEGAL.
Court Administrator
3rd Floor - Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: 717-697-0371
John J~ krafsi91 Jr;l Eaqdire
Attothey for plaintiff
2921 ~erth ~ton~ Stree~
HattisbUr~1 Pennsylvania 17110
(7:l.7-236-21t191
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
NO. OJ- :;J. qcrO 5 28(')1 CWc:.e 1UA""-
IN ASSUMPSIT
COMPLAINT
AND NOW, comes the above mentioned Plaintiff, by its
lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg-
ment against the said Defendants in the sum of Two Thousand Five
Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with
legal interest thereon from January 8, 2001 and costs of suit,
upon a certain cause of action, whereof the following is a state-
ment:
1. The Plaintiff is the Estate of Richard N.
Heffner, who died testate on July 14, 2000, in which he named
Diana Shreve, Executrix and who to Proceedings No. 2000-00602
in the Office of Register of wills of Cumberland County, Penn-
sylvania, who qualified as the Executrix of the said Estate.
The said Executrix resides at 15 Mimosa Drive, Mechanicsburg,
Pennsylvania 17055.
2.
The Defendants
are adult individuals,
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residing at 112 Hampden Avenue, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. By virtue of the attached Exhibit "A" made
to the said Executrix, Diana Shreve, both Defendants have pur-
ported to operate a certain furnace installation and repair
service.
4. The Plaintiff, is the lawful owner of the
said real estate situate at 227 Dauphin Street, Enola, Cumber-
land County, Pennsylvania.
5. That on or about July 6, 2000, while the
said Richard N. Heffner was living, engaged the Defendants to
remove the furnace at 227 Dauphin Street, and provide a new gas
furnace and install it in good working condition; and provide
the proper installation and workmanship; which the Defendants,
through said Daniel J. Stimeling, Jr. agreed to do.
6. The Defendants through Daniel J. Stimeling,
Jr. agreed to provide the following labor and materials, pursuant
to the Plaintiff's oral request, together with the cost of the
same, as more particularly set forth in Plaintiff's Exhibit "B",
a true and correct copy of which is attached hereto and made
a part hereof; in which initially the materials were to cost
$2,500.00 and the labor in the amount of $1,500.00, or an initial
total of $4,000.00; for which $2,500.00 was paid on account, with
the sum of $1,500.00 to be paid upon completion of the said work.
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7. The said Richard N. Heffner, died July 14,
2000 and the Defendants had also contracted and agreed with the
said Richard N. Heffner to replace an old fuse box, with a new
box supplied by the Plaintiff, and in which parts and labor were
an additional $250.00. The said $4,000.00 was paid on July 29,
2000, the receipt of which was acknowledged by the initialing of
the said Daniel J. Stime1ing, together with the $250.00.
8. That additionally, the Defendants were
engaged to provide extra duct work for the bathroom and dining
room in the said property, for which the parts and labor were
$250.00 and for panel electric service, parts and labor of
$350.00, for a total of $600.00 for the additional work; of which
$300.00 was paid on account and the balance of $300.00 paid on
the date of August 18, 2000.
9. On or about October, 2000, , Diana Shreve,
Executrix observed that the furnace installation appeared to
be defective and was not operating or performing as had been
requested and contracted for.
10. That the Plaintiff then engaged Mr. Greg
Sgrignoli, of 307 College Hill Road, Enola, Pennsylvania 17025,
who operates a heating and plumbing business; and was advised
under date of October 23, 2000, that the following defects, as
set forth in Plaintiff's Exhibit "C" appeared from the defective
workmanship of the Defendants, which is more particularly identi-
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fied in Exhibit "CO incorporated by reference and made a part
hereof.
11. That the Plaintiff under date of January 4,
2001 received Plaintiff's Exhibit "D" which identifies material
and labor to bring the chimney up to the National Gas Code, for
a total of $770.07 and to replace the duct system and connect
ducts properly with material of $589.58 and labor of $1200.00,
for a total of $2,559.65.
12. Under date of January 8, 2001, demand for
the payment of $2,559.65 was made upon the Defendants, a true
and correct copy of which is set forth in Plaintiff's Exhibit
"E", which is attached hereto and incorporated by reference.
13. That despite the said demand for payment,
the Defendants have failed to pay the same.
14. The matters complained of in the preceding
paragraphs, incorporated by reference, also constitute a breach
of an implied warranty of fitness for purpose intended; i.e. that
all work contracted for would not be defective and be performed
in a reasonable, workmanlike manner, so all materials and labor
would properly function for each item provided.
WHEREFORE, the Plaintiff demands judgment in the sum
of $2,559.65, together with legal interest thereon from January
8, 2001 and the costs of suit be entered in favor of the Plain-
tiff and against the said Defendants.
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The said demand is within the Cumberland County Rules
of Civil Procedure, that require compulsory arbitration.
Respectfully submitted,
17110
Dated: April 24, 2001
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Monday, October 23, 2000
Olane Shreve
15 Mimosa Or
After checking the I\trnace Instalatlon at 227 Dauphin St,l have made a list of problems 1
found. "
1 Chlmhey was not lined as pet naHonal gas code
2 4 Inch smoke pipe was just stuck Into old smoke pipe
3 9 Inch flex duel hooked to 8lnch boots,flex ducts just keep falling oil
4 No duel work was tun Just a big box fur teturn Il11dsupply
5 Flex duct just loosely hahglhg aU over the basement
Greg Sgrignoll
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PLAINTIFF'S EXHIBIT "CO
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Phone:
FAX: 1321347
emall:
Thursday, January 4, 2001
Diana Shreve
15 Mimosa Dr
Mechanlcsburg,Pa 17055
Dear Diana
As per our conversallon, here is an estimate to bring things up to a safe operating
and effictent system.
To line the chimney up to the national gas code.
materla1 $290.07 labor $480.00 total $770.07
To repiace the duct system and connect ductS properly
material $589.58 labor $1200.00 tolal $1789.58
Greg Sgrlgnoli
PLAINTIFF'S EXHIBIT "D"
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JOHN J. :k"RA.FSIUj JR., INC.
ATTORNl::y.A"t-LAW
HAAAlsBUlm. PENNSylvANIA
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TEL: 717-236"2109'
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MEMl!IER
PENNSyLvANIA BAR
OISTRlC.t OF' CoLUMa1A BAR
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Mr. & Mrs. Daniel J. Stimeling, Jr.
112 Hampden Avenue
Camp Hill, pennsylvania 17011
In Re: Estate of
RtCHARD N. HEFFNER
work performed at
227 Dauphin St.
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Dear Mr. & Mrs. stimeling:
My client, Diana Shreve, Executrix of the Estate of
Richard N. Heffner, alleges that the fUrnace installation at
227 Dauphin Street, Enola, was defective; and that allegedly
you refused to return to make the corrective repair work.
As a result of this. she was required to engage
Sgrignoli Heating and Air Conditioning to have the corrective
work done. Enclosed is a copy of the findings of Sgrignoli
Heating and Air Conditioning that identifies the defective work
that had to be corrected.
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Also, enclosed is statement of Greg Sgrignoliis charges
to have the work done; in the total sum of '$2,559.65.
Accordingly, unless your check for $2,559.65 is
received in my office on or before January 19, 2001, legal action
will be required to be filed to collect the same.
~
Please mark your records accordingly.
Very truly yoursl
John J. Krafsig, Jr.
JJK/sls
Enclosures
cc: Mrs. Diana Shreve
PLAINTIFF'S EXHIBIT "E"
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VERIFICATION
AND NOW, to wit, this
/611t
day of 1fI1
Richard N.
2001, I, Diana Shreve, Executrix of the Estate of
Heffner, deceased, the within Plaintiff, do hereby certify and
state the facts as set forth in the foregoing Complaint, are true
and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made
subject to the penalties of
18 Pa. C.S.A. ~4904 relating to
unsworn verification to authorities.
~kwx
Diana Shreve, Executrix of the
Estate of Richard N. Heffner
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
RESPONSE OF DANIEL J. STIMELING, JR.
AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3.
Denied.
It is denied that either Defendant operated a
furnace installation and repair service.
Neither Defendant ever
installed or repaired a furnace in their lifetimes either for money or
for free with the exception that Daniel J. Stime1ing, Jr. attempted,
usually unsuccessfully, to repair his own furnace at his house.
Neither Defendant has the knowledge necessary to install or repair a
furnace. Daniel J. Stime1ing, Jr. and Richard N. Heffner had been
personal friends for the past 10 years until Mr. Heffner died. Daniel
J. Stimeling, Jr. would do occasional jobs for Richard N. Heffner
around his house over the years for pay.
The Defendant Nora A.
Stime1ing had nothing to do with any of the work performed by Daniel
J. Stime1ing, Jr.
By way of further response, Daniel J. Stime1ing, Jr., through
acquaintances found Rod Mace and asked him to do the work requested by
Richard N. Heffner. Daniel J. Stime1ing, Jr. collected the money from
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Mr. Heffner, and later Diana Shreve, and gave all but approximately
$800.00 (Mr. Stimeling is not sure of the amount) to Rod Mace. Daniel
J. Stime1ing, Jr. kept the approximately $800.00 for his efforts in
being in the house while Rod Mace worked and using his truck to haul
items and trash around.
By way of further response, it was Rod Mace who performed all of
the work set forth in Exhibit "B" and which is complained of in
Plaintiff's complaint. Neither Defendant did any of the work
Plaintiff complains of in the complaint.
By way of further response, for the items referred to in Exhibit
"A", at the request of Diana Shreve, Nora A. Stimeling prepared
Exhibit "A" based upon information she received from Rod Mace.
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "A".
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner for the panel electric work referred to in
Exhibit "A".
4. Admitted.
S. Admitted that Daniel J. Stimeling, Jr. was hired to remove
the furnace.
It is denied that Nora A. Stimeling was ever involved in
the transaction. It is denied that Daniel J. Stime1ing, Jr. ever
represented that it was he personally that was going to install the
new gas furnace. Daniel J. Stime1ing, Jr. represented that he was
going to pay a person named Rod Mace to do this work.
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6. Denied that Nora A. Stime1ing had anything to do with this
transaction. It is Denied that either Defendant agreed to provide the
labor and materials set forth in Exhibit "B". This agreement was
reached during a conversation between Richard A. Heffner and Rod Mace
which occurred at Mr. Heffner's house and for which Daniel J.
Stimeling, Jr. was present. After reasonable investigation,
Defendants are without knowledge or information sufficient to form a
belief as to the truth of the remainder of paragraph 6. The same is
therefore denied. By way of further response, after the death of
Richard N. Heffner, Rod Mace gave Exhibit "E" to Daniel J. Stirne1ing,
Jr. who then mailed it to Diana Shreve. Neither Defendant saw Exhibit
"B" until after the death of Richard N. Heffner.
7.
Admitted that Richard N. Heffner died July 14, 2000.
It is
denied that either Defendant contracted with Richard N. Heffner for
work on the old fuse box.
That contract was based on verbal
conversations between Rod Mace and Richard N. Heffner.
8. Denied that Nora A. Stime1ing had anything to do with this
transaction. Denied that Daniel J. Stime1ing, Jr. was engaged to
provide extra duct work for the bathroom and dining room or to install
panel electric service.
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "A".
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner for the panel electric work referred to in
Exhibit "A".
L 1,,1,_"
9. Denied that Nora A. Stime1ing had anything to do with this
transaction. Admitted that Diana Shreve did not authorize any of the
work. By way of further response, neither Defendant met Diana Shreve
until after Richard N. Heffner died.
Admitted that Diana Shreve,
Executrix never contracted with Rod Mace. By way of further response,
Diana Shreve never contracted with the Defendants either.
10. Denied. The Defendants prepared the Exhibits "A" and "B" at
the request of Diana Shreve after Mr. Heffner died. These
itemizations were provided to Diana Shreve at her request but in no
way evidenced who did the actual work.
11. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to what Diana
Shreve, Executrix observed.
12. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth
of Plaintiff's Paragraph 12. The same is therefore denied.
13. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to whether the
work set forth in Exhibit "D" is necessary to bring the chinrney up to
the National Gas Code. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to
when Plaintiff received Exhibit "D".
14. Admitted.
15. Admitted.
16. Denied that there is any breach of an implied warranty of
fitness for purpose intended.
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WHEREFORE, Defendants request that Plaintiff's Complaint be
dismissed.
NEW MATTER
17. Defendants and third-party Plaintiffs, Stime1ings, maintain
that neither themselves or third-party Defendant, Rod Mace, are liable
to Plaintiff.
18. Alternatively, in the event it is determined by the Court
that liability exists, Defendants and third-party Plaintiffs maintain
that third-party Defendant is solely liable to the Plaintiff on
Plaintiff's cause of action.
19. Alternatively, in the event the Court places any of the
liability on third-party Plaintiffs, then to that extent, third-party
Defendant is liable over to third-party Plaintiff.
20. At all relevant times, third-party Defendant was an
independent contractor retained by third-party Plaintiffs to remove
Plaintiff's existing furnace and provide to Plaintiff a new gas
furnace and install it in good working condition in a workmanlike
manner.
21. It was third-party Defendant who provided to Nora A.
Stime1ing the information contained in Exhibit "A" of Plaintiff's
complaint.
22. It was third-party Defendant who prepared Exhibit "B"
attached to Plaintiff's complaint.
23. It was third-party Defendant who arranged with Plaintiff to
do work on the old fuse box.
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24. It was third-party Defendant who negotiated with Plaintiff's
son to do the duct work referred to in Exhibit "A" of Plaintiff's
complaint.
25. It was third-party Defendant who did all of the duct work in
Plaintiff's house and referred to in Exhibit "C" and elsewhere in
Plaintiff's complaint.
WHEREFORE, in the event it is determined by the Court that
liability exists, third-party Plaintiffs request that liability be
placed solely upon third-party Defendant or alternatively, in the
event the Court places any of the liability on third-party Plaintiffs,
then to that extent, third-party Plaintiffs request that third-party
Defendant be held liable over to third-party Plaintiff and that
judgment be entered against third-party Defendant and in favor of
third-party Plaintiff for the amount of that liability.
YOFFE & YOFFE, P.C.
~~~"QU'"
Attorney for Stimelings
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
stimeling\response3
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VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the foregoing
response to amended complaint are true to the best of my knowledge,
information, and belief.
I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
Dated: I ) c ) C ./ (j /
Daniel
Dated: I I-f~-q
1AW1. ft. ~Jfj
No A. Stimehng
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below, he
served a true and correct copy of the foregoing on John J. Krafsig,
Jr., Esquire.
Service was accomplished by depositing the same in the
United States Mail, first class, postage prepaid and addressed as
follows:
John J. Krafsig, Jr., Esquire
2921 North Front Street
Harrisburg, PA 17110
YOFFE & YOFFE, P.C.
Date:
November 17, 2001
E RE N. YOFF , ESQUIRE
Attorney for Stimelings
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
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ESTATE OF RICHARD N. HEFFNER, I
Plaintiff
It! nIl! coUIlT bit txJt.lt-kJl~ i>u!tIs OP'
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CUMBERLAND COUNTY; FENNSYLVnNl^
VS. !
CIViL AcTI~-LA~
No. O/-.2?PO
-b
2eel~~
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
!
VS.
!
IN ASSUMPSIT
ROD MACE,
Third Party Defendant
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YOU ii/WE 13EmI sUW lH collRt: if ytlU w:l.sh t:.o tid"el1d AQaillll! !h"
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l"a~ If yoU fait td tio /;0 t:.h.. t:l.sl! lda1' proceed wBhout:. Ytlll &tid it. .:lu&,metil: Iaay
b" ""l"ted tlg:u'Il"t:. )Iou by l:h~ CoUrt:. wHhtlut:. ft.lrt:.het llolibl! for MY IIiohl!y ~bi,*ed
ill ~h" compl:1.!tlt or for lI.tWbUli>r l:i:i!h1 ot rdhf tl!ttUes!i!d by lhe l>b.lnHff A
You tRay 10"" Inol1"y tit ptol'Hty tit other l:19hh 1hil'orl:lJi! hi yoU~
yoU sllOUtJj TAkE lilts "AvEIt Td YOUn LAW"Yl!n AT ONCE~ IF Y"OtI IJO Hot ltAva
^ LAWYE" 0" cAtttlot Ati:OItO oH!! I GO td bit tELI!l'1I0NI! 111E bl'P'ttB SRT 1:00111 BRLcM to
F III" OUt WilE"!! yoU cJ\I.I t;Et L1lGAL .IUlUl ~ .
COURT ADMINISTRATOR
3rd Floor - cumberland county Courthouse
Carlisle, Pennsylvania 17013
Telephone: 717-697-0371
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l" hati d"bl:l.l1d:ldo a 1l,,4:ild 4!d b. bot!:e: 91 Ushd ltUhh tk.fl!l1dedil del
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corte ".1 fohna escri U. !IUs d"fl!lisIUI l:I iJUIl bb.:llldbtles 1 Ull dmiltlc1ll8 Iii" t:ollhll
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LLlWE EStA bW-lMoA A ON AiIDoAnd iMt.4imiAttJ.lJrl.tttu si hd "t~BNIt AeoaAbo
o 51 NO tlENE El blNEnO 5U~ltl~tR bBPAGAR TAL SERVICIO, 'ATA ~ PERsoNA 0
LL^~'I! roll TELI!FoNd ^ LA OFtCINI\ cUYA btREtctbHsl! hHaJltittRA BsCRltA AsAJo pARA
^VEItIGUI\" bONOE SE ruEbn CONS~UIrt ASIStl!McIA lbGAL:
Court Administrator
3rd Floor - Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: 717-697-0371
Johll J: kr:lfil1tll JtH Esquir.
AHtltlleV ftll: Pl:l1nHff
292i "'dtl:1l FtoH! S!nel
lIaH!sbUrQ I Pellllsyivauia 17110
(717-236-21tJIH
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE,
Third Party Defendant
AMENDED COMPLAINT
AND NOW, comes the above mentioned Plaintiff, by its
lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg-
ment against the said Defendants in the sum of Two Thousand Five
Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with
legal interest thereon from January 8, 2001 and costs of suit,
upon a certain cause of action, whereof the following is a state-
ment:
1. The Plaintiff is the Estate of Richard N.
Heffner, who died testate on July 14, 2000, in which he named
Diana Shreve, Executrix and who to Proceedings No. 2000-00602
in the Office of Register of wills of Cumberland County, Penn-
sylvania, who qualified as the Executrix of the said Estate.
The said Executrix resides at 15 Mimosa Drive, Mechanicsburg,
Pennsylvania 17055.
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2. The Defendants are adult individuals,
residing at 112 Hampden Avenue, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. By virtue of the attached Exhibit "A" made
to the said Executrix, Diana Shreve, both Defendants have pur-
ported to operate a certain furnace installation and repair
service.
4. The Plaintiff, is the lawful owner of the
said real estate situate at 227 Dauphin Street, Enola, Cumber-
land County, pennsylvania.
5. That on or about July 6, 2000, while the
said Richard N. Heffner was living, engaged the Defendants to
remove the furnace at 227 Dauphin Street, and provide a new gas
furnace and install it in good working condition; and provide
the proper installation and workmanship; which the Defendants,
through said Daniel J. Stimeling, Jr. agreed to do.
6. The Defendants through Daniel J. Stimeling,
Jr. agreed to provide the following labor and materials, pursuant
to the Plaintiff's oral request, together with the cost of the
same, as more particularly set forth in Plaintiff's Exhibit "B",
a true and correct copy of which is attached hereto and made
a part hereof; in which initially the materials were to cost
$2,500.00 and the labor in the amount of $1,500.00, or an initial
total of $4,000.00; for which $2,500.00 was paid on account, with
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the sum of $1,500.00 to be paid upon completion of the said work.
7. The said Richard N. Heffner, died July 14,
2000 and the Defendants had also contracted and agreed with the
said Richard N. Heffner to replace an old fuse box, with a new
box supplied by the Plaintiff, and in which parts and labor were
an additional $250.00. The said $4,000.00 was paid on July 29,
2000, the receipt of which was acknowledged by the initialing of
the said Daniel J. Stimeling, together with the $250.00.
8. That additionally, the Defendants were
engaged to provide extra duct work for the bathroom and dining
room in the said property, for which the parts and labor were
$250.00 and for panel electric service, parts and labor of
$350.00, for a total of $600.00 for the additional work; of which
$300.00 was paid on account and the balance of $300.00 paid on
the date of August 18, 2000.
9. Unknown to the said Diana Shreve, the
Defendants in turn engaged one, Rod Mace, named as Third Party
Defendant to to carry out the work, pursuant to the terms of the
Agreements with the Defendants, Stimeling; which actions were
not authorized by her and were the sole acts of the Defendants,
through Daniel J. Stimeling. At no time, did the Plaintiff ever
contract for the work to be done with the said Rod Mace, who she
thought was an employee or a person assisting the Defendants;
and all negotiations, agreements and payment of moneys were made
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solely to Defendant, Daniel Stimeling.
10. Further Plaintiff's Exhibits "A" and "B"
demonstrate that the statement of work and the billing was done
and the itemization in the name of the Defendants, not the
Rod Mace.
11. On or about October, 2000, Diana Shreve,
Executrix observed that the furnace installation appeared to
be defective and was not operating or performing as had been
requested and contracted for.
12. That the Plaintiff then engaged Mr. Greg
Sgrignoli, of 307 College Hill Road, Enola, Pennsylvania 17025,
who operates a heating and plumbing business; and was advised
under date of October 23, 2000, that the following defects, as
set forth in Plaintiff's Exhibit "CO appeared from the defective
workmanship, which is more particularly identified in Exhibit "CO
incorporated by reference and made a part hereof.
13. That the Plaintiff under date of January 4,
2001 received Plaintiff's Exhibit "D" which identifies material
and labor to bring the chimney up to the National Gas Code, for
a total of $770.07 and to replace the duct system and connect
ducts properly with material of $589.58 and labor of $1200.00,
for a total of $2,559.65.
14. Under date of January 8, 2001, demand for
the payment of $2,559.65 was made upon the Defendants, a true
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and correct copy of which is set forth in Plaintiff's Exhibit
"E", which is attached hereto and incorporated by reference.
15. That despite the said demand for payment,
the Defendants have failed to pay the same.
16.. The matters complained of in the preceding
paragraphs, incorporated by reference, also constitute a breach
of an implied warranty of fitness for purpose intended; i.e. that
all work contracted for would not be defective and be performed
in a reasonable, workmanlike manner, so all materials and labor
would properly function for each item provided.
WHEREFORE, the Plaintiff demands judgment in the sum
of $2,559.65, together with legal interest thereon from January
8, 2001 and the costs of suit be entered in favor of the plain-
tiff and against the said Defendants.
The said demand is within the Cumberland County Rules
of Civil Procedure, that require compulsory arbitration.
Respectfully submitted,
17110
Dated: October 6, 2001
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PLAINTIFF'S EXHIBIT "B"
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Monday, Oclober 23,2000
Diane Shreve
16 Mimosa Dr
Aner checking Ihe furnace Inslnlatlon al 227 Dauphin SI,I have made a IIsI or problems I
found. ' '
1 Chhllney was nol lined a8 per nallonal gas code
2 .. IlIch smoke 1'Ipe was Jusl sluck 11110 old smoke pipe
8 9 Inch nex dllcl hooked 10 0 Inch bools,nex duels JU81 keep raUlng 01T.
4 No llllel work was rllll JII9111 big box Ibr relufnllllllsullply
5 Flex duel JII81100sely hanglllg all over Ihe basemenl
Greg Sgrlgnoll
,
PLAINTIFF'S EXHIBIT "CO
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FAX: 1321311
cmnll:
Thursday, January 4, 2001
Diana Shreve
iii Mimosa Dr
Mechanlcsburg,Pa 17055
Dear Diana
As per our conversallon, here Is an estimate to bring tbtngs up 10 a safe operating
and efficient system.
To line Ihe chImney up 10 Ihe naUonaJ gas code.
material $290.07 labor $480.00 lotal $770.07
To replace tbe duct system and connect ducts properly
malerlal $589.58 labor $1200.00tolal $1789.58
Greg Sgrlgnoll
PLAINTIFF'S EXHIBIT "D"
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JOIll'f J. KnAFSIGj JR:j INc.
ATToRNf;y.AT-lAW
HARRISBURG. PENNSyLvANIA
t711o-t'st
2921 N. FRONT STREET
T~~:717.236.2109'
fA~:7'7'236.0'OO
tot!M"R
PENNSYl-VANIA eAR
DISTRICT at CoLUMBIA eAR
January 8, 2001
Mr. & Mrs. Daniel J. Stimeling, Jr.
112 flampden Avenue
Camp flil!, Pennsylvania 17011
In Re: Estate of
RICHARD N. HEFFNER
Work performed at
227 Dauphin St.
Dear Mr. & Mrs. stimeling:
My client, Diana Shreve, Executrix of the Estate of
Richard N. Heffner, alleges that the furnace installation at
227 Dauphin street, Enola, was defective; and that allegedly
you refused to return to make the corrective repair work.
As a result of this, she was required to engage
Sgrignoli Heating and Air Conditioning to have the corrective
work done. Enclosed is a copy of the findings of Sgrignoli
Heating and Air Conditioning that identifies the defective work
that had to be corrected.
Also, enclosed is statement of Greg Sgrignoli's charges
to have the work done, in the total sum of '$2,559.65.
Accordingly, unless your check for $2,559.65
received in my office on or before January 19, 2001, legal
will be required to be filed to collect the same.
~
is
action
please mark your records accordingly.
Very truly yoursj
John J. Krafsig, Jr.
JJK/sls
Enclosures
cc: Mrs. Diana Shreve
PLAINTIFF'S EXHIBIT "E"
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VERIFICATION
AND NOW, to wit, this
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day
of {O.~ivc
2001, I, Diana Shreve, Executrix of the Estate of Richard N.
Heffner, deceased, the within Plaintiff, do hereby certify and
state the facts as set forth in the foregoing Amended Complaint,
are true and correct to the best of my information, knowledge and
belief.
I understand that false statements herein are made
subject to the penalties of
18 Pa. C.B.A. ~4904 relating to
unsworn verification to authorities.
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Diana Shreve, Executrix of the
Estate of Richard N. Heffner
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CERTIFICATE OF SERVICE
AND NOW, to wit, this ~f~ day of October, 2001, I,
John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff,
Estate of Ricahrd N. Heffner, by Diana Shreve, Executrix, do hereby
certify, that I am this day serving the foregoing document, i.e.
Amended Complaint, upon the following person or persons and in
the manner indicated below which service satisfies the requirements
of the Pa. Rules of Civil Procedure, to wit:
Service by regular mail, through the United States Post
Office, postage prepaid to:
Jeffrey N. Yoffe, Esquire
214 Senate Avenue - Suite 203
Camp Hill, pennsylvania 17011
(Attorney for Daniel J. Stimeling, Jr. and
Nora A. Stimeling, Defendants)
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2921 NortH Front treet
Harrisburg, pennsylvania 17110
Telephone: 717-236-2109
Attorney's I.D. #06840
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you tRust 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 p~operty or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANWOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-8787 OR (800)990-9108
NOT I C I A
Le han demandado a usted en la corte. Si usted guiere defenderse de
estas demandas expuestas en las paginas siguientes, usted tiene viente (20)
dias de plazo al partir de la fecha de la demanda y la notificacion. Usted
debe presenter Una apariencia escrita 0 en persona 0 por abogado y archivar en
la corte en forma escri ta sus defenses 0 sus obj eciones alas demandas en
contra de su persona. Sea avisado gue 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 ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0
SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME
FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-8787 OR (800)990-9108
stimeling\third party complaint
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ESTATE OF RICHARD N. HEFFNER
PLAINTlFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
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DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
THIRD PARTY COMPLAINT AGAINST ROD MACE AS AN ADDITIONAL DEFENDANT
1. On May 17, 2001, The Estate of Richard N. Heffner filed a
complaint against Daniel J. Stimeling, Jr. and Nora A Stimeling. Said
complaint is attached hereto as Exhibit ~K' .
2. The response of Daniel J. Stimeling, Jr. and Nora A.
Stimeling to said complaint is attached hereto as Exhibit ~B" .
I 3. Defendants and third-party Plaintiffs maintain that neither
themselves or third-party Defendant are liable to Plaintiff.
4. Alternatively, in the event it is determined by the Court
that liability exists, Defendants and third-party Plaintiffs maintain
that third-party Defendant is solely liable to the Plaintiff on
Plaintiff's cause of action.
5. Alternatively, in the event the Court places any of the
liability on third-party Plaintiffs, then to that extent, third-party
Defendant is liable over to third-party Plaintiff.
6. At all relevant times, third-party Defendant was an
independent contractor retained by third-party plaintiffs to remove
Plaintiff's existing furnace and provide to Plaintiff a new gas
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furnace and install it in good working condition in a workmanlike
manner.
7. It was third-party Defendant who provided to Nora A.
Stimeling the information contained in Exhibit "K' of Plaintiff's
complaint.
8. It was third-party Defendant who prepared Exhibit "B"
attached to Plaintiff's complaint.
9. It was third-party Defendant who arranged with Plaintiff to
do work on the old fuse box.
10. It was third-party Defendant who negotiated with Plaintiff's
son to do the duct work referred to in Exhibit "K' of Plaintiff's
complaint.
11. It was third-party Defendant who did all of the duct work in
Plaintiff's house and referred to in Exhibit "C" and elsewhere in
Plaintiff's complaint.
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WHEREFORE, in the event it is determined by the Court that
liability exists, third-party Plaintiffs request that liability be
placed solely upon third-party Defendant or alternatively, in the
event the Court places any of the liability on third-party Plaintiffs,
then to that extent, third-party Plaintiffs request that third-party
Defendant be held liable over to third-party Plaintiff and that
judgment be entered against third-party Defendant and in favor of
third-party Plaintiff for the amount of that liability.
YOF SQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
stimeling\third party complaint
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VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the foregoing
complaint to join an additional Defendant are true to the best of my
knowledge, information, and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating
to unsworn falsification to authorities.
Dated:
Dated:
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below, he
served a true and correct copy of the Third-Party Complaint on John J.
Krafsig, Jr., Esquire. Service was accomplished by depositing the same
in the United States Mail, first class, postage prepaid and addressed
as follows:
John J. Krafsig, Jr., Esquire
2921 North Front Street
Harrisburg, PA 17110
Date: I! 116 (
YOFFE & YOFFE, P.C.
. YOFFE, ESQUIRE
ttorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
stimeling\certsvc
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EXHIBIT "A"
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ESTATE OF RICHARD N. HEFFNER, I
Plaintiff
VS.
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
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It! n~tt COURT bF txJt.lt-kJ~ PLBAs OP'
! CUMBERLAND COUN'fY; PENNSYLVnNl^
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CIViL ActIoN-LAw
NO.
S 2001
i
IN ASSUMPSIT
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C;(.)~l 'T~
YoU i~AVE 13E!;}/ SUW tu ColIRt: if ytlU wislt t:.o ddel1d A';la:l.lli1! lit"
dab" s"t forth 111 tit!! foiibwlhg p:l.Qi!s, yoU InUst h.lce IlcHbd "'Hllitt i:Wetli:1t (20)
days nfler lhi.. COIopidlll lI.tid NoHcl! Ul! !letviid, by lUlhdh!;l a wr:l. Hen appoir-
ane" persoilally br by llHorll"y :1..1.1 fiHhd ilt IaH Hilt;l \;t:!. lit !lio toUr! ybllr
d"f"ns"s' or obj"d:lOlI!l tb th.. da:lnis ll!!t ftlHlt A9aiti!ll yoU, YoU be! iilarlled
that If yoU fail lo do So thii cllsl! m:l.V jnocl!l!d wHholtl you lttd il jU&;"ment: mal'
b" ent"t"d :lQa..ttJst yoU by the CoUtt wHltbUt furthH 1l0Heli for ilny biohl!y c1dllled
I" H,,, cOlnp1aitlt or fot ilI1jr bHil!r tidl1l ot rd:ld tlhtUl!i1t:...d by the i>ldnHtt:
Yotl Inay 10s" loo""y 01" properly or tither rlglth hnpot-bwt:. to yoU,
YOU sllOULb tAkE nits PAPEIt to vaUlt LAWvl!rt AT OHCE: IF YOU l:JO ttot ltAva
II LANYEn on CANNot AFFORD bNe, GO TO bn tEiJ;pIIONI! TIIB OP'FItJ! 5Bt l:on~ 8Blo\oI TO
FIND OUT WIlER!! YOU tAU tmt LEGAL ,IIEi/i, ,
COURT ADMINISTRATOR
3rd Floor - Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Telephone: 711-697-0371 /t5l -(Cf 7S
_ NotltIA _ /- t" c/O - .
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L" kan d"m~ldlldo :I. il"ied ~n i& eotie: S! US!ijdqU!oro de{l!hders. dd
""h." d"IIIa1ld:i.s I!xpUeslas i!H 1:/.!! p:/.g1Ii:l.!i IIlgUhliil!!1I Ust:.ed Hl!nii v:l.lltti:. (20) ellu
d" p1azd a1 p:l.rHr de 1:1. fl!chli. t:l" 1:1. d"hhili<hlY i:lhoHdcllc:l.6lh tJ,llid d41b9
pr"",,"Ur till:/. aplldc!lld:l. l!scr! hi 0 ell pliblbllll. /j por MroSltdo y lrdlhit en Ii
cod" "Ii forma Mcr:!. h sUs ddeli!lllii ij sUit bbjlidot1ei , UlI <<kullrtdtlll fail t:otthll
d" stl "'"rsolla. S"D. ilv!s:itld <ill.. !Ii Usted lid !II:! tlu:l.l!ude. fA cod. hlliblliedldai
y pu"d" "l1har Uli:l. br(l"11 coith:l. tist:.l!d sili pi-ellid 1v:1.id 1:I ItdHdcad61l y &>Or.
eualquir qtl"ja 0 :\1:1...,10 tjUl! e!l l'..ditld i!1l i:l. p..Hd61t d~ &.mlltldi., tJIIled IJlled.i
perd"r dlll"ro 0 "US jnop1"dad"s ti ohos <krC!chO!l :l.lnpdtlllilt:.l..tlJll.ra Usteel.
LLrwe t;srA DEJ.liINlJA A tll-l AilooAGQ iMMiwIAttMEi-hn: Si No T18N1t ABOOi\bo
o sr NO HENe EL DINt;RO SUF1tli!NtB bE pAGJ\!t TAL St;RVICIO. vAYA EN.N!RsoHA 0
U.IIHt; I'oll tl;LEFUNd It. LA OFlCINII ctJvA btREt:ClbN 51! I!Ncumn:RJ\ I!scRlTA A8AJo PARA
IIVERIGUIIR DoNOE SE ~VEb!! CONSEGUIR ASIStEHcIA LnGAL:
Court Administrator
3rd Floor - Cumberland County Courthouse
Carlisle, Pennsylvania 17013
TOOl! COPY FROM RECOR&lephone: 717-697-0371
:r: lliAtimony Wilereof. I hel'e UlltO sat my hand
,~j the _~tIIId Cuu~~:isla. Pa.
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AHtltlil!Y for l'U:l.nHff
2921 ktirth ~roll! Sir""l
llarHsbUrQI P~llIl"yivallh 17110
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
NO. S 2001
IN ASSUMPSIT
COMPLAINT
AND NOW, comes the above mentioned Plaintiff, by its
lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg-
ment against the said Defendants in the sum of Two Thousand Five
Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with
legal interest thereon from January 8, 2001 and costs of suit,
upon a certain cause of action, whereof the following is a state-
ment:
1. The Plaintiff is the Estate of Richard N.
Heffner, who died testate on July 14, 2000, in which he named
Diana Shreve, Executrix and who to Proceedings No. 2000-00602
in the Office of Register of wills of Cumberland County, Penn-
sylvania, who qualified as the Executrix of the said Estate.
The said Executrix resides at 15 Mimosa Drive, Mechanicsburg,'
Pennsylvania 17055.
2 .
The Defendants
are adult individuals,
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residing at 112 Hampden Avenue, Camp Hill, Cumberland County,
Pennsylvania 17011.
3. By virtue of the attached Exhibit "A" made
to the said Executrix, Diana Shreve, both Defendants have pur-
ported to operate a certain furnace installation and repair
service.
4. The Plaintiff, is the lawful owner of the
said real estate situate at 227 Dauphin Street, Enola, Cumber-
land County, Pennsylvania.
5. That on or about July 6, 2000, while the
said Richard N. Heffner was living, engaged the Defendants to
remove the furnace at 227 Dauphin Street, and provide a new gas
furnace and install it in good working condition; and provide
the proper installation and workmanship; which the Defendants,
through said Daniel J. Stimeling, Jr. agreed to do.
6. The Defendants through Daniel J. Stime1ing,
Jr. agreed to provide the following labor and materials, pursuant
to the Plaintiff's oral request, together with the cost of the
same, as more particularly set forth in Plaintiff's Exhibit "B",
a true and correct copy of which is attached hereto and made
a part hereof; in which initially the materials were to cost
$2,500.00 and the labor in the amount of $1,500.00, or an initial
total of $4,000.00; for which $2,500.00 was paid on account, with
the sum of $1,500.00 to be paid upon completion of the said work.
- 2 -
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7. The said Richard N. Heffner, died July 14,
2000 and the Defendants had also contracted and agreed with the
said Richard N. Heffner to replace an old fuse box, with a new
box supplied by the Plaintiff, and in which parts and labor were
an additional $250.00. The said $4,000.00 was paid on July 29,
2000, the receipt of which was acknowledged by the initialing of
the said Daniel J. Stimeling, together with the $250.00.
8. That additionally, the Defendants were
engaged to provide extra duct work for the bathroom and dining
room in the said property, for which the parts and labor were
$250.00 and for panel electric service,
.
parts and labor of
$350.00, for a total of $600.00 for the additional work1 of which
$300.00 was paid on account and the balance of $300.00 paid on
the date of August c18, 2000.
9. On or about October, 2000, , Diana Shreve,
Executrix observed that the furnace installation appeared to
be defective and was not operating or performing as had been
requested and contracted for.
10. That the Plaintiff then engaged Mr. Greg
Sgrignoli, of 307 college nill Road, Enola, Pennsylvania 17025,
who operates a heating and plumbing business1 and was advised
under date of October 23, 2000, that the following defects, as
set forth in plaintiff's Exhibit .C" appeared from the defective
workmanship of the Defendants, which is more particularly identi-
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fied in Exhibit "CO incorporated by reference and made a part
hereof.
11. That the Plaintiff under date of January 4,
2001 received Plaintiff's Exhibit "D" which identifies material
and labor to bring the chimney up to the National Gas Code, for
a total of $770.07 and to replace the duct system and connect
ducts properly with material of $589.58 and labor of $1200.00,
for a total of $2,559.65.
12. Under date of January 8, 2001, demand for
the payment of $2,559.65 was made upon the Defendants, a true
and correct copy of which is set forth in plaintiff's Exhibit
"E", which is attached hereto and incorporated by reference.
13. That despite the said demand for payment,
the Defendants have failed to pay the same.
14. The matters complained of in the preceding
paragraphs, incorporated by reference, also constitute a breach
of an implied warranty of fitness for purpose intended; i.e. that
all work contracted for would not be defective and be performed
in a reasonable, workmanlike manner, so all materials and labor
would properly function for each item provided.
WHEREFORE, the Plaintiff demands judgment in the sum
of $2,559.65, together with legal interest thereon from January
8, 2001 and the costs of suit be entered in favor of the Plain-
tiff and against the said Defendants.
- 4 -
The said demand is within the Cumberland County Rules
of civil Procedure, that require compulsory arbitration.
Respectfully submitted,
17110
Dated: April 24, 2001
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PLAINTIFF'S EXHIBIT "B"
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Monday, October 211,2000
lJIane Shreve
15 Mimosa Dr
After checking the furnace Instalatlon at 227 Dauphin St.I have made a list of problems I
found. '
I Chhlllley was 1I0tllnoo as per national gns code
2 4 tnch sllloke l1lpe WIlS Just sluck Into old smoke pipe
3 9 Inch flex duel hooked to 8 Inch boots,flex duels JUst keep IlilllnlJ off.
4 No duct work Wll8 tUn Juslll big box fOr telurn and 8Upply
5 Flex duct JUst loosely hanging all over the basel11ent
Grog Sgrlgnolt
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PLAINTIFF'S EXHIBIT "CO
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Phone:
tAX: 1321341
emnll:
Thursday, January 4, 2001
Diana Shreve
15 Mimosa Dr
Mechanlcsburg,Pa 17055
Dear Diana
As per our conversallon, here is an estimate to bring things up to a safe operating
and efficient system.
To line the chimney up to the national gas code.
material $290.07 labor $480.00 tolal $770.07
To replace the duct system and connect ductS properly
material $589.58 labor $1200.00 total $1789.58
Greg Sgrlgnoll
"
PLAINTIFF'S EXHIBIT "D"
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JOIlN J. lUtAFsmj JIt.j lNC.
ATTO~NEY.AT.lAw
HARRISBURG. ~ENNSYlvANIA
17110.1281
2921 N, F:'RONT STREET
TEL: 717-2,g6-2t09"
FAX: 7'7-236-0100
MEMBER
PltNN!lvlvAN,,, B"R
DISTRICT OF COlUMBIA BAR
January 8, 2001
Mr. & Mrs. Daniel J. Stimeling, Jr. In Re:
112 Hampden Avenue
Camp Hill, Pennsylvania 17011
Estate of
~lCHARD N. HEFFNER
Work performed at
227 Dauphin st.
Dear Mr. & Mrs. Stimeling:
My client, Diana Shreve, Executrix of the Estate of
Richard N. H~ffner, alleges that the fUrnace installati6n at
227 Dauphin street, Enola, was defective~ and that allegedly
you refUsed to return to make the corrective repair work.
As a result of this, she was required to engage
Sgrignoli Heating and Air Conditioning to have the corrective
work done. Enclosed is a copy of the findings of Sgrignoli
Heating and Air Conditioning that identifies the defective work
that had to be corrected.
Also, enclosed is statement of Greg Sgrignoli1s charges
to have the work done. in the total sum of '$2,559.65.
Accordingly, unless your check for $2,559.65 is
received in my office on or before January 19. 2001. legal action
will be required to be filed to collect the same.
~
Please mark your records accordingly.
Very truly yoursl
John J. Krafsig, Jr.
JJK/sls
Enclosures
cc: Mrs. Diana shreve
PLAINTIFF'S EXHIBIT "E"
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Monllay I October 23, 2000
Diane Shreve
15 Mimosa Dr
"' ~~,,"c,
, ''''"::
Aner checking the furnace Inslalatlon at 227 Dauphin St,l have made a list of problems I
found.
I Chhnlley was nol lined as per natlol1al gas colle
2 .t Inch smoke IJlpe WlIS Juslsluck Inlo 0111 smoke pipe
3 9 Inch flex duct hooked 10 0 blch boots,flex ducts Jusl keelJ falling o~.
.t No lIuct work Wall tuu Jusl :I big box lOr telurn aud sUpply
5 Flex dUcl Jusl loosely hallglng all over Ihe basement
Greg Sgrlgno!l
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PLAINTIFF'S EXHIBIT "c"
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tAX: 13219-11
emnll:
Thursday, January 4, 2001
Diana Shreve
16 Mimosa Dr
Mechanlcsburg,Pa 17056
Dear iJlana
As per our conversation, here Is an estimate to bring things up to a sail! operating
and efficient system.
To line the chimney up to the national gas code.
material $290.07 labor $480.00 tolal $770.07
To replace lhe duct system and connect ducts properly
malerlal $689.58 labor $1200.00 total $1789.58
Greg Sgrlgnoll
PLAINTIFF'S EXHIBIT "D"
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.-t0l1N .-t, l.UtAFsm, JR., INC.
ATTORNEy-AT. LAW
HARRISBURG, PENNsyLvANIA
17110-1281
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2921 N. F"RONT STREET
TE~:717-238-2109'
F"AX: 717-236-0100
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PI!:NNSvLvANIA eAA
DISTRICT 0'" COLUMIIIA eAR
January 8, 2001
Mr. & Mrs. Daniel J. Stime1ing, Jr.
112 Hampden Avenue
Camp Hill, pennsylvania 17011
In Re: Estate of
RtCHARD N. HEFFNER
Work performed at
227 Dauphin St.
Dear Mr. & Mrs. Stimeling:
My client, Diana Shreve, Executrix of the Estate of
Richard N. Heffner, alleges that the fUrnace installation at
227 Dauphin street, Enola, was defective: and that allegedly
you refused to return to make the corrective repair work.
As a result of this. she Was reqUired to engage
Sgrignoli Heating and Air Conditioning to have the corrective
work done. Enclosed is a copy' of the findings of Sgrignoli
Heating and Air Conditioning that identifies the defective work
that had to be corrected.
Also, enclosed is statement of Greg sgrignoli1s charges
to have the work done, in the total sum of '$2,559.65.
.'
Accordingly, unless your check for $2,5S9.65
received in my office on or before January 19, 2001, legal
will be required to be filed to collect the same.
is
action
o'
Please mark your records accordingly.
Very truly yours,
John J. Krafsig, Jr.
JJK/sls
Enclosures
cc: Mrs. Diana shreve
PLAINTIFF'S EXHIBIT "E"
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VERIFICATION
AND NOW, to wit, this
151~ '
2001, I, Diana Shreve, Executrix of
day of 7171
the Estate of Richard N.
Heffner, deceased, the within Plaintiff, do hereby certify and
state the facts as set forth in the foregoing Complaint, are true
and correct to the best of my information, knowledge and belief.
I understand that false statements herein are made
subject to the penalties of
18 Pa. C.S.A. S4904 relating to
unsworn verification to authorities.
L~
Diana Shreve, Executrix of the
Estate of Richard N. Heffner
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EXHIBIT "B"
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ESTATE OF RICHARD N. HEFFNER
PLAINTI FF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
RESPONSE OF DANIEL J. STIMELING, JR.
AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT
1. Admitted.
2. Admitted.
3.
Denied.
It is denied that either Defendant operated a
furnace installation and repair service.
Neither Defendant ever
installed or repaired a furnace in their lifetimes either for money or
for free with the exception that Daniel J. Stimeling, Jr. attempted,
usually unsuccessfully, to repair his own furnace at his house.
Neither Defendant has the knowledge necessary to install or repair a
.furnace. Daniel J. Stimeling, Jr. and Richard N. Heffner had been
personal friends for the past 10 years until Mr. Heffner died. Daniel
J. Stimeling, Jr. would do occasional jobs for Richard N. Heffner
around his house over the years for pay.
The Defendant Nora A.
Stimeling had nothing to do with any of the work performed by Daniel
J. Stimeling, Jr.
By way of further response, Daniel. J. Stimeling, Jr., through
acquaintances found Rod Mace and asked him to do the work requested by
Richard N. Heffner. Daniel J. Stimeling, Jr. collected the money from
. L
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Mr. Heffner, and later Diana Shreve, and gave all but approximately
$800.00 (Mr. Stimeling is not sure of the amount) to Rod Mace. Daniel
J. Stimeling, Jr. kept the approximately $800.00 for his efforts in
being in the house while Rod Mace worked and using his truck to haul
items and trash around.
By way of further response, it was Rod Mace who performed all of
the work set forth in Exhibit" B" and which is complained of in
Plaintiff's complaint.
Neither Defendant did any of the work
plaintiff complains of in the complaint.
By way of further response, for the items referred to in, Exhibit
"N', at the request of Diana Shreve, Nora A. Stimeling prepared
Exhibit "N' based upon information she received from Rod Mace.
By way of further response, i t \~as Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "A".
By way of further response, it was Rod Mace who had negotiated
wi th Richard N. Heffner for the panel electric work referred to in
Exhibi t "A" .
4. Admitted.
5. Admitted i that Daniel J. Stimeling, Jr. was hired to remove
the furnace. It is denied that Nora A. Stimeling was ever involved in
the transaction.
It is denied that Daniel J. Stimeling, Jr. ever
represented that it was he personally that was going to install the
new gas furnace.
Daniel J. Stimeling, Jr. represented that he was
going to pay a person named Rod Mace to do this work.
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6. Denied that Nora A. Stimeling had anything to do with this
transaction. It is Denied that either Defendant agreed to provide the
labor and materials set forth in Exhibit "B". This agreement was
reached during a conversation between Richard A. Heffner and Rod Mace
which occurred at Mr. Heffner's house and for which Daniel J.
Stimeling,
Jr.
was
present.
After
reasonable
investigation,
Defendants are without knowledge or information sufficient to form a
belief as to the truth of the remainder of paragraph 6.
The same is
therefore denied.
By way of further response, after the death of
Richard N. Heffner, Rod Mace gave Exhibit "B" to Daniel J. Stimeling,
Jr. who then mailed it to Diana Shreve. Neither Defendant saw Exhibit
"B" until after the death of Richard N. Heffner.
7.
Admitted that Richard N. Heffner died July 14, 2000.
It is
denied that either Defendant contracted with Richard N. Heffner for
work on the old fuse box.
That contract was based on verbal
conversations between Rod Mace and Richard N. Heffner.
8. Denied that Nora A. Stimeling had anything to do with this
transaction.
Denied that Daniel J. Stimeling, Jr. was engaged to
provide extra duct work for the bathroom and dining room or to install
panel electric service.
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "N'.
By way of further response, it was Rod Mace who had negotiated
wi th Richard N. Heffner for the panel electric work referred to in
Exhibi t "N' .
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9. After reasonable investigation, the Defendants are without
knowledge or information sufficient to form a belief as to what Diana
Shreve observed.
The same is therefore denied.
After reasonable
investigation,
Defendants are without knowledge or
information
sufficient to form a belief as to whether the Plaintiff engaged Greg
Sgrignoli.
10. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to whether
Greg Sgrignoli operates a heating and plumbing business.
The same is
therefore denied.
It is denied that anything listed in Plaintiff's
Exhibit "C" constitutes a defect for which either of the Defendants
should be liable.
By way of further response, the Defendants respond to Exhibit "c"
as follows:
a. During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with
Richard N. Heffner lining the chimney, however, Richard N. Heffner
instructed Rod Mace not to line the chimney.
b. During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. I.as present, Rod Mace discussed with
Richard N. Heffner putting in a new pipe, howerer, Richard N. Heffner
I
told Rod Mace that he did not want a new pipe put in.
Richard N.
Heffner did tell Rod Mace and Daniel J. Stimeling, Jr. that he
intended to put a new pipe in during the year 2001.
c.
Defendant Daniel J. Stimeling, Jr. never knew that the
ducts kept falling off until the present suit was filed.
If he had
-. ~
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a. I
been told about the ducts falling off and asked to repair the same he
would have had Rod Mace go back to the house and correct the problem.
d. During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with
Richard N.
box. Mr.
Heffner the choice between having duct work verse a big
Heffner chose having a big box and indicated to Rod Mace
that he intended on getting duct work done in the year 2001.
e. The first time Daniel J. Stimeling, Jr. heard that duct
work was loosely hanging in the basement was when he read the
Complaint filed by Plaintiff in this case.
Had he been asked to
secure the duct work, he would have had Rod Mace go back to Mr.
Heffner's house and fix the same.
11. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to Plaintiff's
Paragraph 11. The same is therefore denied.
12. Admitted.
13. Admitted.
14. It is denied that the work performed by Daniel J. Stimeling,
Jr. was defective. Basically, the only work that Daniel J. Stimeling,
Jr. did was:
A. Removed trash from the basement;
B. Held up the pipe in the basement while Rod Mace fastened the
pipe to the ceiling;
C. Helped Rod Mace disconnect the old furnace, carry it up the
basement steps and then carry the new furnace down the steps; and
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D. Drove Rod Mace around in Mr. Stimeling's truck to get parts
for the job.
WHEREFORE, Defendants request that Plaintiff's Complaint be
dismissed.
YOFFE & YOFFE, P.C.
stimeling\response
. YOFFE, ES UIRE
ttorney for Plaintiff
214 Senate Avenue, Suite 2'03
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
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VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the response
to complaint are true to the best of my know],edge, information, and
belief. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
Dated:
,/7
Daniel
Dated:
"
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below, he
served a true and correct copy of the Response to Complaint on John J.
Krafsig, Jr., Esquire. Service was accomplished by depositing the same
in the United States Mail, first class, postage prepaid and addressed
as follows:
John J. Krafsig, Jr., Esquire
2921 North Front Street
Harrisburg, PA 17110
Date:
'j(q(Cl/
. YOFFE, E UIRE
ttorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
stimeling\certsvc
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ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
RESPONSE OF DANIEL J. STIMELING, JR.
AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT
1. Admitted.
2 . Admit ted .
3.
Denied.
It is denied that either Defendant operated a
furnace installation and repair service.
Neither Defendant ever
installed or repaired a furnace in their lifetimes either for money or
for free with the exception that Daniel J. Stimeling, Jr. attempted,
usually unsuccessfully, to repair his own furnace at his house.
Nei ther Defendant has the knowledge necessary to install or repair a
furnace. Daniel J. Stimeling, Jr. and Richard N. Heffner had been
personal friends for the past 10 years until Mr. Heffner died. Daniel
J. Stimeling, Jr. would do occasional jobs for Richard N. Heffner
around his house over the years for pay.
The Defendant Nora A.
Stimeling had nothing to do with any of the work performed by Daniel
J. Stimeling, Jr.
By way of further response, Daniel J. Stimeling, Jr., through
acquaintances found Rod Mace and asked him to do the work requested by
Richard N. Heffner. Daniel J. Stimeling, Jr. collected the money from
~-<
, ,
L ~.I 'd '_'^,," '_L,
!",,",'",, '"'"'
,. '~"'~'':C:
.
Mr. Heffner, and later Diana Shreve, and gave all but approximately
$800,00 (Mr. Stimeling is not sure of the amount) to Rod Mace.
Daniel
J. Stimeling, Jr. kept the approximately $800.00 for his efforts in
being in the house while Rod Mace worked and using his truck to haul
items and trash around.
By way of further response, it was Rod Mace who performed all of
the work set forth in Exhibit "B" and which is complained of in
Plaintiff's complaint.
Neither Defendant did any of the work
,
Plaintiff complains of in the complaint.
By way of further response, for the items referred to in Exhibit
"K', at the request of Diana Shreve, Nora A. Stimeling prepared
Exhibit "K' based upon information she received from Rod Mace.
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "K'.
By way of further response, it was Rod Mace who had negotiated
wi th Richard N. Heffner for the panel electric work referred to in
Exhibi t \\ W' .
4. Admitted.
5. Admittedithat Daniel J. Stimeling, Jr. was hired to remove
the furnace.
It is denied that Nora A. Stimeling was ever involved in
the transaction.
It is denied that Daniel J. Stimeling, Jr. ever
represented that it was he personally that was going to install the
Daniel J. Stimeling, Jr. represented that he was
new gas furnace.
going to pay a person named Rod Mace to do this work.
J
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6. Denied that Nora A. Stimeling had anything to do with this
transaction. It is Denied that either Defendant agreed to provide the
labor and materials set forth in Exhibit "B". This agreement was
reached during a conversation between Richard A. Heffner and Rod Mace
which occurred at Mr. Heffner's house and for which Daniel J.
Stimeling,
Jr.
was
present.
After
reasonable
investigation,
Defendants are without knowledge or information sufficient to form a
belief as to the truth of the remainder of paragraph 6. The same is
therefore denied. By way of further response, after the death of
Richard N. Heffner, Rod Mace gave Exhibit "B" to Daniel J. Stimeling,
Jr. who then mailed it to Diana Shreve. Neither Defendant saw Exhibit
"BH until after the death of Richard N. Heffner.
7.
Admitted that Richard N. Heffner died July 14, 2000.
It is
denied that either Defendant contracted with Richard N. Heffner for
work on the old fuse box.
That contract was based on verbal
conversations between Rod Mace and Richard N. Heffner.
8. Denied that Nora A. Stimeling had anything to do with this
transaction.
Denied that Daniel J. Stimeling, Jr. was engaged to
provide extra duct work for the bathroom and dining room or to install
panel electric service.
By way of further response, it was Rod Mace who had negotiated
with Richard N. Heffner's son, who at all relevant times lived in Mr.
Heffner's house, for the duct work referred to in Exhibit "AH.
By way of further response, it was Rod Mace who had negotiated
wi th Richard N. Heffner for the panel electric work referred to in
Exhibit "Au.
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9. After reasonable investigation, the Defendants are without
knowledge or information sufficient to form a belief as to what Diana
Shreve observed.
The same is therefore denied.
After reasonable
investigation,
Defendants
are
without
knowledge
or
information
sufficient to form a belief as to whether the Plaintiff engaged Greg
Sgrignoli .
10. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to whether
Greg Sgrignoli operates a heating and plumbing business.
The same is
therefore denied.
It is denied that anything listed in Plaintiff's
Exhibit "C" constitutes a defect for which either of the Defendants
should be liable.
By way of further response, the Defendants respond to Exhibit "c"
as follows:
a., During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with
Richard N. Heffner lining the chimney, however, Richard N. Heffner
instructed Rod Mace not to line the chimney.
b. During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with
Richard N. Heffner putting in a new pipe, howeper, Richard N. Heffner
I
told Rod Mace that he did not want a new pipe put in. Richard N.
Heffner did tell Rod Mace and Daniel J. Stimeling, Jr. that he
intended to put a new pipe in during the year 2001.
c.
Defendant Daniel J. Stimeling, Jr. never knew that the
ducts kept falling off until the present suit was filed.
If he had
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been told about the ducts falling off and asked to repair the same he
would have had Rod Mace go back to the house and correct the problem.
d. During a conversation at Richard N. Heffner's house for
which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with
Richard N. Heffner the choice between having duct work verse a big
box. Mr. Heffner chose having a big box and indicated to Rod Mace
that he intended on getting duct work done in the year 2001.
e. The first time Daniel J. Stimeling, Jr. heard that duct
work was loosely hanging in the basement was when he read the
filed by Plaintiff in this case. Had he been asked to
Complaint
secure the
duct
work,
he
would
have
had Rod
Mace
go
back
to
Mr.
Heffner's house and fix the same.
11. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to Plaintiff's
Paragraph 11. The same is therefore denied.
12. Admitted.
13. Admitted.
14. It is denied that the work performed by Daniel J. Stimeling,
Jr. was defective. Basically, the only work that Daniel J. Stimeling,
Jr. did was:
A. Removed trash from the basement;
B. Held up the pipe in the basement while Rod Mace fastened the
pipe to the ceiling;
c. Helped Rod Mace disconnect the old furnace, carry it up the
basement steps and then carry the new furnace down the steps; and
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D. Drove Rod Mace around in Mr. Stimeling's truck to get parts
for the job.
WHEREFORE, Defendants request that Plaintiff's Complaint be
dismissed.
YOFFE & YOFFE, P.C.
/'l
. YOFF , ESQUIRE
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 170i1
(717) 975-1838
Attorney ID No. 52933
stimeling\response
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VERIFICATION
I hereby state that I am an adult individual who is authorized
to make this verification and that the facts set forth in the response
to complaint are true to the best of my knowledge, information, and
belief.
I understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
Dated:
,v
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Daniel
Dated:
Stimelin~
ESTATE OF RICHARD N. HEFFNER
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION-LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
DEFENDANTS AND
THIRD-PARTY
PLAINTIFFS
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE
THIRD-PARTY
DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on the date indicated below, he
served a true and correct copy of the Response to Complaint on' John J.
Krafsig, Jr., Esquire. Service was accomplished by depositing the same
in the United States Mail, first class, postage prepaid and addressed
as follows:
John J. Krafsig, Jr., Esquire
2921 North Front Street
Harrisburg, PA 17110
YOFFE & YOFFE, P.C.
Date: iJ 1/01
. YOFF, SQUlRE
ttorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
stimeling\certsvc
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE,
Third Party Defendant
STIPULATION OF COUNSEL
AND NOW, this
c2f"^
day of October, 2001, it is
hereby stipulated by and between Jeffrey M. Yoffe, Esquire,
Attorney for Defendants, Daniel J. Stimeling, Jr. and Norma A.
Stimeling
and
John J. Krafsig, Jr., Esquire, Attorney for Estate of Richard N.
Heffner, that the proposed Amended Conplaint shall be filed of
record, in lieu of the originial Complaint filed against Defendants
Steimling.
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
NO. 01-2990 CIVIL TERM
IN ASSUMPSIT
VS.
ROD MACE,
Third Party Defendant
REPLY TO NEW MATTER
17. Paragraph 17, is a mere self-serving conclusion
by the Defendants-Third Party Plaintiffs; and is unsupported by
proper factual allegations and therefore denied.
18. The answer to paragraph 17 is expressly incorpor-
ated by reference.
19. Paragraph 19 contains a mere self-serving allega-
tion and conclusion, which is obviously contingent on subsequent
court action and requires no further answer.
20. That the Third Party Defendant-Mace, was an
independent contractor, and in these factual circumstances, the
plaintiff is without sufficient knowledge or information to form
a belief as to the truth or falsity of the same; and therefore
strict proof is demanded.
By way of further answer, that Defendant-
Mace was retained by the Third Party Plaintiffs-Stimeling to do
the work that was to be provided to the Plaintiff-Heffner, speaks
for itself and requires no further answer.
- Page 1 -
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21. The Plaintiff is without sufficient knowledge or
information to form a reasonable belief as to the truth or falsity
of the said allegation; and therefore strict proof is herewith
demanded, as the Plaintiff has no such knowledge.
22. The answer to paragraph 21 is expressly incorpor-
ated by reference and made a part hereof.
23. Paragraph 23, as pleaded, is denied and strict
proof of allegations is herewith demanded. By way of further
answer, paragraph 7 of the Amended Complaint is expressly
incorporated by reference; by way of further answer, Plaintiff's
Exhibit "B" is incorporated by reference, noting the payment and
the initialing by Defendant Daniel J. Stimeling, which is also
incorporated by reference.
24. That the Third Party Defendant-Mace negotiated
with the Plaintiff's son, who was not a lawful party, and there-
fore an allegation for which strict proof is demanded; by way
of further answer, said son was not a lawful authorized person
to enter into any contract or negotiations in behalf of the said
Estate. By way of further answer, paragraphs 7, 8, 9 and 10 of
the Amended Complaint, are expressly incorporated by reference,
which further disputes any authorization by the Plaintiff.
25. Paragraph 25, as pleaded is denied; and after
reasonable investigation the Plaintiff is not able to determine
the truth or falsity of the same and therefore, strict proof is
herewith demanded. By way of further answer, paragraph 20 of New
- Page 2 -
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Matter, as to that portion which admits that the Third Party
Plaintiffs-Stimeling engaged the Third Party Defendant-Mace to
do the work, was their sole and exclusive act and not the act of
the Plaintiff.
By way of further answer, the Third Party Plain-
tiffs-Stimeling make no assertion or explanation when they
received Plaintiff's Exhibit "E", which is incorporated by
reference under date of January 8, 2001; made no such claims
until legal action was subsequently filed against them.
Further, no response was filed to Plaintiff's
Exhibit "E", however noting the allegations now appear in the
Third Party Plaintiffs-Stimeling Answer and New Matter for the
first time.
Additionally, by way of further answer, Plain-
tiff's Exhibit "B" which is expressly incorporated by reference
relating to the duct work, expressly shows the acknowledgement
of payment to the Third Party Plaintiff/Defendant, Daniel J.
Stimeling.
WHEREFORE, Plaintiff demands judgment in the sum of
$2,559.65, together with legal interest thereon from January 8,
2001 and the costs of suit be entered in favor of the Plain-
tiff and against said Defendants, Stimeling and Mace; and that
the resolution of any liability of the Third Party Defendant-Mace
to the Third Party Plaintiffs-Stimeling shall be subsequently
- Page 3 -
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determined by an adjudication by your Honorable Court.
Respectfully ubrnitted,
Dated: November 24, 2001
- Page 4 -
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VERIFICATION
AND NOW, to wit, this
fI8Ii-
day
of 1~~hI)'
Richard N.
2001, I, Diana Shreve, Executrix of the Estate of
Heffner, deceased, the within Plaintiff, do hereby certify and
state the facts as set forth in the foregoing Reply to New Matter,
are true and correct to the best of my information, knowledge and
belief.
I understand that false statements herein are made
subject to the penalties of
18 Pa. C.S.A. ~4904 relating to
unsworn verification to authorities.
~~~
Diana Shreve, Executrix of the
Estate of Richard N. Heffner
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CERTIFICATE OF SERVICE
AND NOW, to wit, this 30'f1- day of f(JZ4tmk)
2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within
Plaintiff, Estate of Richard N. Heffner, by Diana Shreve, Executrix,
do hereby certify, that I am this day serving the foregoing document,
i.e. Plaintiff's Reply to New Matter, upon the following person
or persons and in the manner indicated below which service satisfies
the requirements of the pennsylvania Rules of Civil Procedure,
to wit:
Service by regular mail, through the United States Post
Office, postage prepaid to:
Jeffrey N. Yoffe, Esquire
214 Senate Avenue - Suite 203
Camp Hill, Pennsylvania 17011
(Attorney for Daniel J. Stimeling, Jr. and
Nora A. Stimeling, Defendants & Third Party Plaintiffs)
17110
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-02990 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEFFNER RICHARD N ESTATE OF
VS
STIMELING DANIEL J JR ET AL
DEP DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberl~nd County,pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
STIMELING DANIEL J JR
the
DEFENDANT
, at 1938:00 HOURS, on the 23rd day of May
2001
at 112 HAMPDEN AVE
CAMP HILL, PA 17011
by handing to
NORA STIMELING
a true ~nd attested copy of COMPLAINT & NOTICE
together with
IN ASSUMPSIT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
7.44
.00
10.00
.00
35.44
So Answers:
r'~~
R. Thomas Kline
me this
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.30 '''---
OS/24/2001
JOHN J. KRAFSIG,JR.
By : \'\ D \ / .
\Ja.uYn a-. K.UL
Deputy Sheriff
Sworn and Subscribed to before
day of
M.,.J J..tm f
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I rothonotary'
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SHERIFF'S RETURN - REGULAR
.
CASE NO: 2001-02990 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HEFFNER RICHARD N ESTATE OF
VS
STIMELING DANIEL J JR ET AL
DEP DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
STIMELING NORA A
the
DEFENDANT
, at 1938:00 HOURS, on the 23rd day of May
, 2001
at 112 HAMPDEN AVE
CAMP HILL, PA 17011
by handing to
NORA STIMELING
a true and attested copy of COMPLAINT & NOTICE
together with
IN ASSUMPSIT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
Sworn and Subscribed to before
OS/24/2001
JOHN J.KRAFSIG, JR.
By: \'\ ~ 1/.11
V6.UJ"() d-. WlL
Deputy Sheriff
me this .30"!k-
day of
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rothonotary
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ESTATE OF RICHARD N. HEFFNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
NO. 01-2990
CNIL TERM
Defendants
VS
ROD MACE,
Third rarty Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shal1 be substantially in the fol1owing form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
John J. Krafsiq, Jr.. Esquire ,counsel for the plaintiff/~in the above action (or actions).
respectful1y represents that:
1. The above-captioned action ~) is (llft!)[at issue.
2. The claim of the plaintiff in the action is $
The counterclaim of the defendant i!1the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
,Tpffrpy N voffp, F,"q (Attornp,y for Defendants')', Henry C:oynp F,"q To;"" C:oynP. F,<<q.. Tvo
Otto, III, Esq.,~cWarlye Shade,Esq., Patrick Lauer, Esq. and Robert O'Brien, Esq.
WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
N.B. Copy of Notice of filing Petition
mailed to Attorney Yoffe on 12/3/2001
l'1<;'j)~~
siG]};.P lotRE
Front St., Harrisurg, Pa. 17110
Attorney for Plaintiff
ORDER OF COURT
foregoing petition,
Esq., and
actions) as prayed for.
~, in con~ration of the
Esq., /J1M/L
sq" are appointed arbitrators in the above captioned ac .
PJ.
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V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
ESTATE OF RlCHARD N. HEFFNER,
Plaintiff
DANIEL J. STIMELING, JR. and
NORA A. STIMELING,
Defendants
No. 2001-2990
CIVIL ACTION - LAW
V.
ROD MACE,
Third Party Defendant
~t-
And now this ~ day of
Esquire, having formerly been app inte arb
capacity, the Court hereby appoints Dou
ORDER OF COURT
2002, it appearing that Mark D. Schwartz,
ator in this matter is unable to serve in that
. Miller, Esquire, nunc pro tunc in his place.
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George A. Vaughn, III
Attorney at law
3904 Trindle Road
Camp Hill, Pennsylvania 17011
(717) 975-9102
FAX (717) 975-9105
April 24, 2002
Hon. George E, Hoffer, P.J.
Cumberland County Courthouse
Carlisle, PA 17013
RE: Arbitration Panel for Heffner Estate v. Stimeling, 2001-2990
Dear Judge Hoffer:
You appointed me as chairman of an arbitration panel in the above-referenced matter. The
other two arbitrators were Mark D. Schwartz, Esquire and Susan J, Hartman, Esquire. A hearing
in this matter was conducted on April 23, 2002, at which time the parties appeared represented
by counsel.
Between the date of his appointment and the date ofthe hearing Mr. Schwartz apparently
left the practice with Irwin McKnight & Hughes. In his place at the arbitration from that firm
appeared Douglas G. Miller, Esquire. Although he had not been formally appointed as arbitrator,
the parties agreed that he could, subject to the Court's subsequent approval, hear and decide this
case as arbitrator.
An order signed by all three arbitrators was entered following the hearing on April 23,
2002, and I wanted to bring to your attention the procedure which had been followed since it was
somewhat out of the ordinary. If you find it to be acceptable, then perhaps it would be
appropriate to enter an order appointing Mr, Miller as the third, arbitrator. A form of the
proposed order is enclosed.
If you have any questions or if I can provide any further information, please do not hesitate
to contact me.
le u~yYours,
~~ ~
eorge . aughn, I;
Attorney at Law
GA V/dj
EnclosUre
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No. OJ - :2&J9o .l.9
OATH
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the ConstitutiQ~ of this Common-
wealth and that we will discharge the dutie of our office ith fidelity.
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We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awar~ed, they shall be
separately stated.)
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applicable. )
. Arbitrator, dissents.
(Insert name if
Date of Hearing:
~/cKJJo01..-
i /:< 3/0;2..
,
Date of Award:
NOTICE OF ENTRY OF AW
~ ~
Now, the QJO day of , ~w.. at .J.L31:/..J.a., the above
award was entered upon the d cket and notice thar~of given by mail co che
parties or c..'leir attorneys.
By:
Arbitrators' compens~tion to be
paid upon appeal:
$ J9b.06
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