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HomeMy WebLinkAbout03-6056 F:\FILES\DA T AFILE\Donega13050\Documents\229-com/rag Crealed: 6/20/036:59AM Revised 9124/033:50PM v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-/POS"6 (!ioi~~ CIVIL ACTION - LAW GARY and KAREN ULRICH, H1W, Plaintiffs, GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants 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 Plaintiffs. You may lose money or property Of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By c...c-~ Anthony T. Lucido, Esquire Attorney J.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - I.Dt'L. (?,ui.L '-r~ CIVIL ACTION - LAW ( GARY and KAREN ULRlCH, H/W, Plaintiffs, GEORGE E. HOMERlCH, tfdlb/a OLD F ASHlON HEAT INC., and MONESSEN HEARTH SYSTEMS Defendants COMPLAINT AND NOW, come Plaintiffs, Gary and Karen Ulrich, by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and file this Complaint and in support thereof, aver as follows: 1. Plaintiffs, Gary and Karen Ulrich, are adult individuals residing as husband and wife at 1702 Fairmont Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, George E. Homerich, is an adult individual doing business as Old Fashion Heat, Inc., with its principle place of business at 214 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3. Defendant, Monessen Hearth Systems is a Kentucky corporation, with its principal place of business at 149 Cleveland Drive, Paris, Kentucky. 4. On or about December 3 I, 200 I, Plaintiffs were the owners of a residence at 1702 Fairmont Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Residence:). 5. Defendant, Monessen Hearth Systems is the manufacturer of a "Monessen, Wildfire- Massive Oak log set." 6. On or about December 2001, Plaintiffs contracted with Defendant, Old Fashion Heat Inc., to install a new "Monessen, Wildfire-Massive Oak log set" into Residence. Defendant accepted the assignment and attempted to perform the installation. COUNT I NEGLIGENCE Gary and Karen Ulrich v. George Homerich t1dlb/a Old Fashion Heat Inc. 7. During the installation, on or about January 2002, Defendant, Old Fashion Heat Inc., negligently installed log set in that he: a. incorrectly "wedged open" the damper for the fireplace; b. permanently "wedged open" the damper for the fireplace; and c. proceeded with and completed the installation despite knowing that the log set could not be assembled properly. 8. As a direct and proximate cause of Defendant's negligent installation of the log set, black soot was emitted throughout the Residence, causing Plaintiffs to sustain damages to their property and personal possessions including: a. smoke and soot damage to clothing; b. smoke and soot damage to the interior of the house; and c. smoke and soot damage to items of personal property in the house. 9. At no time after installation did Plaintiffs attempt to adjust the damper or any other part of the log set. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of$18, 158.23 plus interest, costs and all other relief the Court deems just and appropriate. COUNT II STRICT LIABILITY-DEFECTIVE PRODUCT Gary and Karen Ulrich v. MONESSEN HEARTH SYSTEMS 10. The allegations in Paragraphs 1 through 9 above are incorporated by reference as though fully set forth herein. 11. Defendant, Monessen Health Systems designs, manufactures and sells the Monessen Wildfire-Massive Oak Log set purchased by Plaintiffs. 12. The Monessen Wildfire-Massive Oak log set that Plaintiffs purchased was defective in both design and manufacture, in that the damper mechanism did not work properly and the unit could not be assembled in accordance with the manufacturer's instructions. 13. As a direct and proximate cause ofthe aforementioned defects, Plaintiffs' sustained damage to their home, personal property and clothing. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of$18, 158.23 plus interest, costs and all other relief the Court deems just and appropriate. COUNT III BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY Gary and Karen Ulrich v. MONESSEN HEARTH SYSTEMS 13. The allegations in Paragraphs I through 12 above are incorporated by reference as though fully set forth herein. 14. The soot and smoke which damaged Plaintiffs' home, personal property and clothing was caused by a manufacturing and/or design defect which existed at the time they purchased the log set. 15. The defect was the direct and proximate cause of the fire which damaged Plaintiffs' property. 16. Plaintiff neither knew, nor had reason to know ofthe existence of the defect. 17. The defect which caused the soot and smoke rendered Plaintiffs' home, personal property and clothing unfit for its intended ordinary purpose. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of$18, 158.23 plus interest, costs and all other relief the Court deems just and appropriate. COUNT IV BREACH OF IMPLIED WARRANTY OF FITNESS Gary and Karen Ulrich v. MONESSEN HEARTH SYSTEMS I 18. The allegations in Paragraphs 1 through 17 above are incorporated by reference as though fully set forth herein. 19. At the time of sale, Defendant Monessen, and its authorized agents knew that Plaintiffs intended to use the log set as a heating source for their home. 20. Plaintiffs relied on Defendant and its authorized agents to sell them a log set fit for their intended use and which did not pose an unreasonable danger to Plaintiffs or their family. 21. The defect which caused the soot and smoke damage rendered Plaintiffs' home, personal property and clothing unfit for its intended purpose. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of$18, 158.23 plus interest, costs and all other relief the Court deems just and appropriate. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By ~--{Jr'~ Anthony T. Lucido, Esquire Attorney LD. No. 76583 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Date: "111/03 Attorney for Plaintiffs VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I ma.l(e knowingly false averments, I may be subject to criminal penalties. c; ~ Gary Ulrich ~ KM~~'~ F:\FILES\DA T AFILE\Donegal3050\Documents\229_com 1f?{J~ JL/.~ ~ - "- () ..J:::: Iv _I ..J:: ~ (\v ~:J C.i ~.~~ r-'~" , '. ... r'- _ \~ _:_ .... r;:{~ _ (-::;. C- ~;_> ~ :'-:1 CJ 1'.,03 GARY and KAREN ULRICH, H/W, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW GEORGE E. HOMERICH, t/d/b/a OLD FASHION HEAT, INC.; and MONESSEN HEARTH SYSTEMS, Defendants : NO. 03-6056 CIVIL TERM NOTICE TO PLEAD TO: Gary and Karen Ulrich. Husband and Wife. Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: /2../'1 It> 3 Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PAl 71 08 (717) 233-7691 7it~ a,k~~ Thomas A. Beckley Attorneys for George E. Homerich GARY and KAREN ULRICH, H/W, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW GEORGE E. HOMERICH, t/d/b/a OLD FASHION HEAT, INC.; and MONESSEN HEARTH SYSTEMS, Defendants : NO. 03-6056 CIVIL TERM ANSWER OF GEORGE E. HOMERICH TO PLAINTIFFS' COMPLAINT, WITH NEW MATTER AND NOW comes George E. Homerich ("Homerich"), by and through his attorneys, Thomas A. Beckley, Esquire, John G. Milakovic, Esquire, and Beckley & Madden, of counsel, and files this Answer to Plaintiffs' Complaint, with New Matter, and in response to the allegations in Plaintiffs' Complaint, avers as follows: 1. Admitted, upon information and belief. 2. Denied as stated. It is admitted that George E. Homerich is an adult individual. The averment that Homerich is "doing business as" Old Fashion Heat, Inc., however, is denied. To the contrary, Old Fashion Heat, Inc. is a Pennsylvania business corporation (Entity number 907252) which was formed in 1986 and which has remained in good standing at all times thereafter to this date. 3. After reasonable investigation, Homerich is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 4. After reasonable investigation, Homerich is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 5. After reasonable investigation, Homerich is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 6. Denied as stated. Any implication in this paragraph of Plaintiffs' Complaint that there was a contract between Plaintiffs and Homerich is denied. The averments of Paragraph 2 of this Answer are hereby adopted by reference and incorporated herein. By way offurther answer, it is admitted that sometime in December, 2001, one of the Plaintiffs contacted Old Fashion Heat, Inc. ("OFH"), a Pennsylvania corporation, and requested that OFH remove an existing log set and install a new set, which new set Plaintiffs already had purchased elsewhere and had in their possession. It is admitted that, in response to this contact, OFH sent service technicians to Plaintiffs' residence to perform the requested service. COUNT I NEGLIGENCE Gary and Karen Ulrich v. George Homerich t/dlb/a Old Fashion Heat Inc. 7. Denied. To the contrary, the service technicians properly installed the Plaintiffs' log set, in accordance with the manufacturers' instructions; tested the new set upon completion of installation; found that the set was working properly at that time; and advised Plaintiffs to review the manual which Plaintiffs had with the log set they had purchased to ensure that Plaintiffs properly operated the set. 8. Denied. OFH did not negligently install Plaintiffs' new log set; the averments of Paragraph 7 of this Answer are hereby adopted by reference and incorporated herein. By way of further answer, after reasonable investigation, Homerich is without knowledge or information sufficient to form a belief as to the truth of the averment that black soot was emitted throughout Plaintiffs' residence at any time after the new log set was installed, causing damage to property. 9. After reasonable investigation, Homerich is without knowledge or information sufficient to form a belief as to the truth of the matters asserted. 2 WHEREFORE, Homerich demands judgment in his favor and against Plaintiffs. COUNTS II THROUGH IV 10. The averments in Paragraphs 1 through 9 of this Answer are hereby adopted by reference and incorporated herein. 11. through 21. These averments in Plaintiffs' Complaint are directed to parties other than Homerich and therefore require no answer. To the extent that any of said allegations in Plaintiffs' Complaint are deemed to be directed at Homerich, said allegations are denied. WHEREFORE, Homerich demands judgement in his favor and against Plaintiffs. NEW MATTER 22. Homerich hereby adopts by reference and incorporates herein all previous averments in his Answer to Plaintiffs' Complaint. 23. At no time did Homerich trade or do business under the name Old Fashion Heat, Inc. Rather, Old Fashion Heat, Inc., was, at all times material hereto, a Pennsylvania business corporation. A true and correct copy of a printout from the records of the Pennsylvania Department of State, Corporation Bureau, showing the corporate status of Old Fashion Heat, Inc., is hereto attached marked as Exhibit "A." 24. Based upon the foregoing, Plaintiffs have no cause of action against George E. Homerich, personally. 25. Upon information and belief, Plaintiffs' damages were caused by matters other than the manner in which the new log set was installed. While the investigation is just commencing, 3 these other matters may include Plaintiffs' own negligence in operating the new log set; the old log set; or other, unknown matters. WHEREFORE, Homerich demands judgment in his favor and against Plaintiffs. Dated:i"l..! Lf I rJ3 Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 7fvfJn1M1 a,~ Thomas A. Beckley Attorneys for George Homerich 4 '~/O~/~~O~ ~~ ~{ ~AX DEC- 2-~~ TUE 14 0 : 3 BeckleY & M~~den l4J on:3/0U:;: F".07 VERIFICATION \, George E. Homerich, hereby wrify that I am an adult individual and that the facts set forth in the foregoing pleading are truc \0 Ihe be~l (II' my klHlwlcdge, information, and belief. I understand Iha\ false ~talcmen\:; hercin .Ire mad", sub,iect tLl th..; ponalties of 18 Pa.C.S. ~4904, rclalln!: to unsworn falsitlcaLiolllo authorilic:;. Dated: f.,,' _ (.' ,. - 0" ..3 Corporate Records ApplicatioT - DOS Homeoaae Entity Details Request . New Reauest Free Search . General Name Search . Old Name Search . Orehan Search :Basic Entity Information Entity Type Entity Name Entity No. Filing Date Address PENNSYLVANIA BUSINESS CORPORATION OLD FASHION HEAT, INC. 907252 02/13/1986 Letter of Consent No 312 SUNSET DRIVE NEW CUMBERLAND Pennsylvania USA 17070 County Purpose limited Authority York Jurisdiction BROAD-SELL AND INSTALL HEATING DEVICES No ^^ ^~^ :Corporate Officers Updated Date 02/13/1986 President GEORGE E HOMERICH Secretary Treasurer Vice-President Instrument History Doc Type M. f'l # Miero# Miero# lero I m Start End ARTICLES OF INCORPORATION- BUSINESS 8612 2045 o Back Home I Site MaD I Site Feedback I View as Text Onlv I Emolovment I ViSIt Ibt : PAPowerPort. ~ . Copyright C 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement A t..*-....II.....,..'"" rl....c 'hpt-;~ d~tp n~ l1~/rnrn<:!Annlrnrnc:'wph/~p~1"('.hlwfl{.ntitvnP:t::lilc: ::l~ny?Fntitv Page 1 ofl - - Filing Date 02/13/1986 l?nnOm CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Anthony T. Lucido, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Attorney for Plaintifft Monessen Hearth Systems 149 Cleveland Drive Paris, KY 40361 Defendant Dated:/2--/L! /0"3 (J c:> 0 C W -n s: Cl ...-1 "'On" :"q -r-:-n 529:: CO) ";:...:.. ZC' I ~~-:~ t,q en. tr. cjl ~.:. ~r:') -u '::J~ ~o ::::<: c) .c- ofT! >c: -..1 Z .:=> 55 ::.:! -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-06056 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ULRICH GARY ET AL VS HOMERICH GEORGE E T/D/B/A ETAL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOMERICH GEORGE E T/D/B/A OLD FASHION HEAT INC the DEFENDANT , at 1330:00 HOURS, on the 21st day of November, 2003 at 214 BRIDGE STREET NEW CUMBERLAND, PA 17070 by handing to GEORGE E HOMERICH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.73 .00 10.00 .00 39.73 ~~~~ R. Thomas Kline 11/24/2003 MDW&O Sworn and Subscribed to before By: !/d-- ~ - Deputy She~ me this /> /O~ day of ~~.k .207J3 A.D. ( jLo<J~ f1 ~i,<.. "n 7" "Prothonotary . F:IFILESIDATAFILEIDoncgaI3050ICUlTcm\229.pra wpdlhad Created: 3/4/04 2:39PM Revised: 3/4/04 245PM 3050.229 GARY and KAREN ULRICH, HIW, Plaintiffs, v. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNT~ PENNSYLVANIA GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants NO. 03-6056 Civil Tenn CNIL ACTION - LAW PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against George E. Homerich, t/db/a Old Fashion Heat Inc., Monessen Hearth Systems, in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO Date: March 4, 2004 By C_..... L- Anthony T. Lucido Attorney J.D. No. 76583 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorney for Plaintiffs C! c'" "".~.~. ~O\'< !~t! "5"?:: (") ~~~ 2; :2 ~ ':? :% ~ I s:- o -n ~"'" n;Mi -::Bc-:J C)' ::;P 6:+\ __.0 "-~rn o _-I )~ ~ -0 :1: ~ <fI CR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, h/w Plaintiffs, CIVIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/dlb/a OLD FASHION HEAT, INe. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa.R.C.P. 1012 TO THE PROTHONOTARY: Kindly enter the appearance of Robert A. Lerman, Esquire, of Griffith, Strickler, Lerman, Solymos & Calkins, as attorneys for the Defendant, Monessen Hearth Systems, in the above- captioned matter and mark the docket accordingly. CKLER, LERMAN, OS & CALKIN Date: 6/L~ 101 BY Robert A. Lerman Supreme Court ill No. 07490 Attorney for the Defendant, Monessen Hearth Systems 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 J (") ~ cgfi~ :... i.';' ::');( r:;: '- :~!~~ ~ . ..., ...., = = J:" ::JC :>>- ;;0 N I.D " ::r: ry ,t- O"> ~ :i! rn;;g ~~ :t:=H Q(') Om ~ :TJ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, h/w Plaintiffs, CNIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/d/b/a OLD FASHION HEAT, INe. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2.<0 ~ay of fl.d..rc..h _,2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Praecipe for Entry of Appearance by United States Mail, addressed to the party or attorney of record as follows: Anthony T. Lucido, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, P A 17013-3093 Counsel for Plaintiffs Thomas A. Beckley, Esq./John G. Milakovic, Esq. Beckley & Madden 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 Counsel for Defendant George E. Homerich t/d/b/a Old Fashion Heat, Inc. RICKLER, LERMAN, OS & CALKINS klr/monessen-prp BY Robert A. Lerman, ill No. 0749 Attorney for Defendant Monessen Hearth Systems 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 o c: ..."" ~ "1:)C;.".) n;\;"1 --,r _.~:. tTiij:,.-. -c. y ~_~:l\ >"~ .t'':'. :.? ~ ;:II: ~ N o.D , , ..., ::;;:: ~ '$;~ ~~. 5:rl ;?;~ ':::. ".: ~ N .' ~ '" F:IFILESIDA T AFILE\Donega13050\CuITentI229. praservice Created: 3/30/04 11:20AM Revised: 3/31/04 1:19PM 3050.229 GARY and KAREN ULRICH, HIW, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 03-6056 CNIL TERM GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants CNIL ACTION - LAW PRAECIPE TO DOCUMENT SERVICE PURSUANT TO THE PENNSYL VANIA LONG ARM STATUTE You are hereby directed to file the attached Certified Mail Receipt from Monessen Hearth Systems Company indicating they were served with the Complaint on March 8, 2004. MARTS ON DEARDORFF WILLIAMS & OTTO By Q - f2-___~ Anthony T. Lucido, Esquire Attorney ill No. 76583 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: March 31, 2004 Attorneys for Plaintiffs '~,---------" r"'I Certified Fee l2.30 l::J l::J l::J Return AecIept Fee ll.75 (Endorsement RequIred) l::J Restricted DelIvery Fee lO.OO r"'I (Endorsement RequIred) l::J r"'I Total Postage & Fees $ l~.65 m l::J to l::J Mr. William D. Thieardy f'- -s&;;ei,7lPiiVO:M6iiessen.1fear!:li...Systems.Co.:........... .0~~~.~.......J49..G-l€Vel-an<i.-f)fi'\fe........................ City, State, ZlP+4 Paris KY 40361 1""..M'. . -''';'1 ~,._.___._J~ I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: CERTIFICATE OF SERVICE Robert A. Lennan, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York,PA 17402 Thomas A. Beckley, Esquire John G. Bilakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 MARTS ON DEARDORFF WILLIAMS & OTTO c2 kk-A{ A./ 'ne A. Deckl~r Ten ast High Street Carlisle, P A 17013 (717) 243-3341 Dated: March 31, 2004 a ~ -u~ ~~ -/t:": ,..., c-,:~ =- - ~ ~ ~ - , I, ~ =~.:\ -< q, s!-1 ri1r:- -0":1 ~~.,CJ :36 .... 4"', .'-1_-"'('\ Do ('--")rn ':::'~ Jf; ~ ...,." :> <.P. r-> ..s;J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY and KAREN ULRICH, HIW, Plaintiffs, CIVIL ACTION - LAW v. No. 03-6056 GEORGE E. HOMERICH tldlbla OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED TO: Gary and Karen Ulrich, Plaintiffs clo Anthony T. Lucido, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, PA 17013-3093 NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a jUdgmrt may be entered against you. GRIFFITH,CKLER, LERMAN SO OS & CALI BY r-fkt A< Robert A. Lenman, ID No. 49 Attorney for Defendant, Monessen Hearth Systems 110 South Northern Way 1)1 York,PA17402 Dated: Map_, 2004 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAl'ID COUNTY, PENNSYLVANIA GARY and KAREN ULRICH, H/W, Plaintiffs, CIVIL ACTION - LAW v. No. 03-6056 GEORGE E. HOMERICH t/d/b/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED TO: George E. Homerich t/d/bla Old Fashion Heat, Inc. c/o Thomas A. Beckley, Esq. John G. Milakovic, Esq. Beckley & Madden 212 N. 3rd Street P.O. Box Il998 Harrisburg, PAl 7 108 NOTICE TO PLEAD You are hereby notified to file a written response to thl: enclosed New Matter and Cross- Claim within twenty (20) days from service hereof or a judgment may be entered against you. Dated: Matt! 2004 BY Ro ert A. Lemlan, ID No. 074 Attorney for Defendant, Monessen Hearth Systems 110 South Northern Way York,PA 17402 Telephone: (717) 757-7602 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GARY and KAREN ULRICH, H/W, Plaintiffs, CNIL ACTION - LAW v. No. 03-6056 GEORGE E. HOMERICH t/dlb/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED ANSWER, NEW MATTER AND CROSS-CLAIM OF DEFENDANT, MONESSEN HEARTH SYSTEMS, TO PLAINTIFFS' COMPLAINT AND NOW COMES, the Defendant, Monessen Hearth Systems, by its counsel, Robert A. Lerman, Esquire and Griffith, Strickler, Lerman, Solymos & Calkins and files the following Answer, New Matter and Cross-Claim to Plaintiffs' Complaint: I. Admitted. Upon information and belief. 2. Admitted. Upon information and belief. 3. Admitted. 4. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the lruth of the allegations set forth in Paragraph No. 4 of Plaintiffs' Complaint and same are d(mied and strict proof thereof is demanded. 5. Admitted but qualified to state that Defendant, Monessen Hearth Systems, has, in the past, manufactured a product known as a Monessen Wildfin: Massive Oak Log Set. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the tlUth of the allegations set forth in Paragraph No. 6 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded. mechanism did not work properly and the unit could not be' assembled in accordance with the manufacturer's instructions. On the contrary, it is averred that in the event it is determined that Answering Defendant manufactured a product purchased by Plaintiffs, said product and all component parts thereof, was not defective in either design or manufacture, was properly and appropriately designed and manufactured and that it functioned properly at the time of its manufacture and at the time it left the hands of Answering Defendant and strict proof to the contrary is hereby demanded. 13. Denied. It is denied that as a direct and proximate cause of the aforementioned defects, Plaintiffs sustained damage to their home, personal property and clothing. On the contrary, it is averred that in the event it is determined that Answering Defendant manufactured a product purchased by Plaintiffs, said product and all component parts thereof, was not defective in either design or manufacture, was properly and appropriately designed and manufactured and that it functioned properly at the time of its manufacture and at the time it left the hands of Answering Defendant and strict proof to the contrary is hereby demanded. WHEREFORE, Answering Defendant, Monessen Hearth Systems, demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT III BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY Gary and Karen Ulrich v. Monessen HeaJrth Systems 13. Defendant, Monessen Hearth Systems, incorporates herein by reference, as if fully set forth at length, its Answers to Plaintiffs' Complaint, Paragraph Nos. 1 _ 12, inclusive, as set forth hereinabove. 3 14. Denied. It is denied that the soot and smoke which damaged Plaintiffs' home, personal property and clothing was caused by a manufacturing and/or design defect which existed at the time they purchased the log set. On the contrary, it is averred that in the event it is determined that Answering Defendant manufactured a product purchased by Plaintiffs, said product and all component parts thereof, was not defective in either design or manufacture, was properly and appropriately designed and manufactured and that it functioned properly at the time of its manufacture and at the time it left the hands of Answering Defendant and strict proof to the contrary is hereby demanded. 15. Denied. The allegations set forth in Paragraph No. 15 of Plaintiffs' Complaint constitute a conclusion of law to which no response is required. To the extent a response is required, it is denied that the defect was the direct and proximate cause of the fire which damaged Plaintiffs' property. On the contrary, it is averred that in the event it is determined that Answering Defendant manufactured a product purchased by Plaintiffs, said product and all component parts thereof, was not defective in either design or manufacture, was properly and appropriately designed and manufactured and that it functioned properly at the time of its manufacture and at the time it left the hands of Answering Defendant and strict proof to the contrary is hereby demanded. 16. Denied. It is denied that any defect existed as Plaintiffs allege. The remaining allegations of Paragraph No. 16 of Plaintiffs' Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof is demanded. 17. Denied. It is denied that a defect existed as alleged by Plaintiffs. The remaining allegations of Paragraph No. 17 of Plaintiffs' Complaint are denied in that after reasonable 4 investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof is demanded. WHEREFORE, Answering Defendant, Monessen Hearth Systems, demands judgment in its favor and against the Plaintiffs, together with costs of suit. COUNT IV BREACH OF IMPLIED WARRANTY OF FITNESS Gary and Karen Ulrich v. Monessen He,arth Systems 18. Defendant, Monessen Hearth Systems, incorporates herein by reference, as if fully set forth at length, its Answers to Plaintiffs' Complaint, Paragraph Nos. I _ 17, inclusive, as set forth hereinabove. 19. Denied. It is unknown, at this time, if the Plaintiffs purchased a product designed, manufactured and/or sold by Answering Defendant and strict proof thereof is hereby demanded. By way of further answer, it is averred that in the event it is determined that Answering Defendant manufactured a product purchased by Plaintiffs, said product and all component parts thereof, was not defective in either design or manufacture, was properly and appropriately designed and manufactured and that it functioned properly at the time of its manufacture and at the time it left the hands of Answering Defendant and strict proof to the contrary is hereby demanded. The remaining allegations of Paragraph No. 19 of Plaintiffs' Complaint, to the extent a response is required, are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof is demanded. 20. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the tmth of the allegations set forth in 5 Paragraph No. 20 of Plaintiffs' Complaint and same are denied and strict proof thereof is demanded. 21. Denied. It is denied that a defect existed as alleged by Plaintiffs. The remaining allegations of Paragraph No. 21 of Plaintiffs' Complaint are denied in that after reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations and same are denied and strict proof thereof is demanded. WHEREFORE, Answering Defendant, Monessen Hearth Systems, demands judgment in its favor and against the Plaintiffs, together with costs of suit. By way of further Answer, Defendant Monessen Hearth Systems, asserts the following: NEW MATTER 22. Defendant, Monessen Hearth Systems, incorporates herein by reference, as if fully set forth at length, its Answers to Plaintiffs' Complaint, Paragraph Nos. 1- 21, inclusive, as set forth hereinabove. 30. Plaintiffs' Complaint fails to state a cause of action upon which relief can be granted. 31. Plaintiffs may have been negligent, careless or reckless in the installation, assembly, operation, maintenance or use of the product they alleged caused damage to their home, personal property and clothing, which negligence, carelessness and recklessness may have caused or contributed to the damages Plaintiffs' claim. 32. Any negligence, carelessness andlor recklessness demonstrated on the part of Plaintiffs bars or diminishes any recovery to which Plaintiffs may ultimately be entitled pursuant to the provisions ofthe Pennsylvania Comparative Negligence Act. 6 33. Plaintiffs' causes of action outlined in their Complaint for negligence, strict liability, breach of warranty and breach of implied warranty may be barred by applicable statutes oflimitation. 34. The damages allegedly sustained by Plaintiffs may have been caused by the negligent acts or omissions, liability or strict liability, in whole or in part, of individuals or entities other than Answering Defendant including but not limited to George E. Homerich and/or George E. Homerich t/dib/a Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc., over whom Answering Defendant exercised no authority or control. 35. Some or all of Plaintiffs' damages requested in Plaintiffs' Complaint may not be recoverable in this action. 36. If it is determined that Answering Defendant designed, manufactured, sold, supplied, distributed or in any other way was involved in the product or component parts of the product described in Plaintiffs' Complaint, such product or component parts thereof may have been improperly assembled and/or installed, contrary to the installation and operating instructions and wamings provided by Answering Defendant with the product at the time of sale. 37. If it is determined that Answering Defendant designed, manufactured, sold, supplied, distributed or in any other way was involved in the pJrOduct or component parts of the product described in Plaintiffs' Complaint, same may have been improperly assembled and/or installed in a fireplace of improper or defective design and/or with a non-working flue and/or in a fireplace that is not properly drafting. 38. If it is determined that Answering Defendant designed, manufactured, sold, supplied, distributed or in any other way was involved in the product or component parts of the product described in Plaintiffs' Complaint, Plaintiffs' damages were caused because of improper 7 fireplace drafting which may have been the result of a blocklJd chimney, a faulty vent system or the result of negative pressure within the home. 39. Plaintiffs' alleged damages may have been caused by improper installation and assembly of the product in question and the proximate cause of Plaintiffs' damages was improper venting. 40. Failure to adhere to Answering Defendants' warnmgs and Installation and Operating Instructions by Plaintiff or by others on Plaintiffs' behalf, invalidates any warranty provided by Answering Defendant with the product or its component parts in question. 41. Plaintiffs' alleged damages may have been (:aused by the intervening and/or superseding acts of individuals or entities over whom Answering Defendant exercised no control and for whose conduct Answering Defendant bears no responsibility. 42. Abuse and/or misuse of the product and product components as described in Plaintiffs' Complaint may constitute the sole and exclusive cause of the damages described in Plaintiffs' Complaint to which Plaintiffs claim they are entitled. 43. Answering Defendant pleads any and all releas()s entered into by Plaintiffs or to be entered into by Plaintiffs, as a reduction, in whole or in part, of any damages Plaintiffs are entitled to recover from Answering Defendant although it is specifically denied that Answering Defendant is liable to Plaintiffs in any respect. 44. If it is determined that Answering Defendant designed, manufactured, sold, supplied, distributed or in any other was involved in the product or component parts of the product described in Plaintiffs' Complaint, same may have been substantially altered, modified or changed after it or they left the possession and control of Answering Defendant. 8 45. In the event it is determined that Defendant, Monessen Health Systems, designed, manufactured, assembled, tested, sold, supplied or distributed the product or any component parts thereof as described in Plaintiffs' Complaint, same were designed, manufactured, assembled, tested, sold, supplied or distributed in compli:mce with any and all applicable statutorily enacted safety standards, in accordance with prevailing scientific and technological knowledge and in a safe manner, fit for its intended use arld purpose and in a non-defective manner at the time and same was in a non-defective condition at the time it left the hands of Answering Defendant. 46. Answering Defendant neither had nor should! have had notice of the alleged defective condition of the product or the component parts described in Plaintiffs' Complaint and Answering Defendant carefully, prudently, lawfully and reasonably performed all duties it may have owed, if any, to the Plaintiffs. 47. Answering Defendant denies that any dangerous, unsafe and/or defective condition existed as Plaintiffs allege and further denies that it had knowledge, either actual or constructive, notice of the alleged condition or that it, with reasonable diligence, would or could have had notice of such condition. 48. Plaintiffs may have assumed the risks of the damages allegedly sustained. 49. Plaintiffs' may be barred by the Doctrines of Res Judicata, Collateral Estoppel, and/or Claim Preclusion. 50. Plaintiffs' claims may be barred by the Doctrines of Laches, Estoppel and/or Waiver. 51. Plaintiffs may have failed to mitigate their damages, which damages are expresslys denied, and recovery by Plaintiffs are accordingly barred or should be substantially reduced. 9 52. Plaintiffs cause of action may be barred by Plaintiffs failure to preserve the product in question or any necessary and relevant component parts thereof, which Plaintiffs contend are the cause or the contributing causes of their damages, resulting in spoliation of evidence and irreparable hann to Answering Defendant. 53. The damages allegedly sustained by Plaintiffs were not proximately caused by Answering Defendant. 54. Plaintiffs claims may be barred, in whole or in part, as Answering Defendant had no duty to warn Plaintiffs. 55. Plaintiffs claims may be barred, in whole or in part, as the product and/or its component parts as described in Plaintiffs' Complaint were not unreasonably dangerous. 56. If it is determined that any warranties were provided by Answering Defendant or applicable to the product in question and enforceable aga.inst Answering Defendant, said allegations being specifically denied, it is averred that Plaintiffs are not in privity to assert any alleged breach of warranty and, additionally, it is denied that any alleged breach of warranty proximately caused Plaintiffs alleged damages. 57. The occurrence of the incident as described in Plaintiffs' Complaint and Plaintiffs alleged damages were not foreseeable to Answering Defendant. 58. Some or all of the conditions and/or damages alkged in Plaintiffs' Complaint may have pre-existed or preceded the date of the alleged incident. 59. While Answering Defendant does not admit that Plaintiffs sustained damages by any products or component parts thereof designed, manufactured, sold, distributed or supplied by Answering Defendant and do demand strict proof thereof, in the event that it is established that a defect existed in any such product or component parts, as alleged in Plaintiffs' Complaint, which 10 may have been designed, manufactured, sold, distributed or supplied by Answering Defendant, the existence of any defect being specifically denied, thm said defect was caused by an unforeseeable material change, alteration, abuse or misuse of the product or component parts by persons or entities not subject to the control of Answering Ddendant and after said products or component parts left the possession and control of Answering Defendant. 60. While Answering Defendant does not admit that Plaintiffs' damages were the result of any products or component parts designed, manufactured, sold, distributed or supplied by Answering Defendant and so demand strict proof thereof, any products or component parts which may have been designed, manufactured, sold, distributed or supplied by Answering Defendant were free from defects and were merchantable and fit for their particular purpose and intended use at the time of such sale. 61. While Answering Defendant does not admit that Plaintiffs sustained damages by any products or component parts thereof designed, manufactured, sold, distributed or supplied by Answering Defendant and so demand strict proof thereof, <my products or component parts which may have been designed, manufactured, sold, distributed or supplied by Answering Defendant were designed, manufactured, sold, distributed or supplied in conformity with and pursuant to contract and customer specifications and thereTI)re Answering Defendant is not responsible to Plaintiffs or any other parties upon principles of strict liability, Restatement of Torts 2d, g402(a) or 402(b), negligence or breach of warranty, for the design, manufacture or sale, distribution or supply of said product or component parts thereof. 62. While Answering Defendant does not admit that Plaintiffs sustained damages as a result of any products or component parts designed, manufactured, sold, distributed or supplied by Answering Defendant and demand strict proof thereof, any products or component parts 11 which may have been designed, manufactured, sold, distributed or supplied by Answering Defendant complied with any applicable safety and health laws. 63. The alleged conduct of Answering Defendant, standing alone, did not cause Plaintiffs' damages; therefore, Answering Defendant cannot be held liable for the Plaintiffs' alleged damages. 64. If it is determined that Plaintiffs are entitled to recover any or all of the damages set forth in their Complaint, which is specifically denied, then Defendants, George E. Homerich and George E. Homerich t/d/b/a Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc. are solely or jointly liable to Plaintiffs, or liable over to Defendant, Monessen Hearth Systems, for contribution, indemnification or both. WHEREFORE, Answering Defendant, Monessen Hearth Systems, demands judgment in its favor and against the Plaintiffs, together with costs of suit. NEW MATTER/CROSS-CLAIM MONESSEN HEARTH SYSTlGMS V. GEORGE E. HOMERICH t/dlbla OLD FASHION HEAT, INC. 65. Defendant, Monessen Hearth Systems, incorporates herein by reference, as if fully set forth at length, its Answers to Plaintiffs' Complaint, Paragraph Nos. 1 - 59, inclusive, as set forth hereinabove. 66. The allegations in Plaintiffs' Complaint insofar as they are directed to Defendants, George E. Homerich, George E. Homerich t/d/bla Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc., are incorporated herein by reference for the limited purpose of this Cross-Claim. 67. If Plaintiffs are entitled to recover from any party, which recovery is expressly denied, then Defendants, George E. Homerich, George E. Homerich t/d/bla Old Fashion Heat, 12 Inc. and/or Old Fashion Heat, Inc., are alone liable to Plaintiffs, or liable over to Monessen Hearth Systems by way of contribution or indemnification based upon George E. Homerich, George E. Homerich t/d/bla Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc.'s negligence, carelessness, recklessness and strict liability, breach of implie:d of express warranty or any other liability producing conduct as alleged in Plaintiffs' Complaint and/or in Answering Defendant's New Matter. 68. If Monessen Hearth Systems is found liable to the Plaintiffs, all such liability being expressly denied, its liability is secondary and passive to the liability of Defendants, George E. Homerich, George E. Homerich t/d/bla Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc., whose liability is primary active. WHEREFORE, Answering Defendant, Monessen Hearth Systems, demands judgment in its favor and against Defendants, George E. Homerich, George E. Homerich t/d/bla Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc., together with costs of suit. Respectfully submitted, Dated: ~, }1 ,2004 CKLER, LERMAN, BY O:l~ Robert A. Lerman, Supreme Court ID #07490 Attorney for Defendant, Monessen Hearth Systems 110 South NOlihern Way York, PA 17402 Telephone: (717) 757-7602 13 VERIFICATION I, Michael A. Brooks, hereby verify that the statements made in the foregoing Answer, New Matter and Cross-Claim of Defendant, Monessen Hearth Systems, to Plaintiffs' Complaint are true and correct to the best of my personal knowledge or information and belief, as well as reports, records, conferences and other investigatory material made available to me. To the extent that th<~ foregoing contains averments which are inconsistent in fact, I verify that my knowledge or information is sufficient to form a belief that one or more of them is true, although I am currently unable, after reasonable investigation, to ascertain which of the inconsistent averments are true. To the extent that the foregoing contains legal conclusions or opinions, I hereby state that my Verification is made upon the advice of counsel, upon whom I have relied in the filing this document. This Verification is made subject to the penalties of 18 Pa. C.S. ~ 4904 related to unsworn falsifications to authorities. MONESSEN HEARTH SYSTEMS Dated: 511 L/ !{)4 I I By:fllJJh .~ Michael A. Brooks, Technical Support Supervisor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY and KAREN ULRICH, WW, Plaintiffs, CIVIL ACTION - LAW v. No. 03-6056 GEORGE E. HOMERICH t/d/bla OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ') ~ay of May, 2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS &. CALKINS, hereby certify that I have this date served a copy of the Answer, New Matter and Cross-Claim of Defendant, Monessen Hearth Systems, to Plaintiffs' Complaint by United States Mail, addressed to the party or attorney of record as follows: Anthony T. Lucido, Esquire Martson DeardorffWiIliams &. Otto 10 E. High Street Carlisle, PA 17013-3093 (Counsel for Plaintiffs) Thomas A. Beckley, Esq. John G. Milakovic, Esq. Beckley &. Madden 212 N. 3'd Street P.O. Box 111998 Harrisburg, PA 17108 (Counsel for Defendant, George E. Homerich t/d/bla Old Fashion Heat, Inc.) BY obert A. Lennan, E ire ill No. 07490 Attorney for the Defendant, Monessen Hearth Systems 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 klr/monessen-anm " .--- ,..., = c"' oL- L_ c: :2:': \'~ ......, .--) -n ~ ..... ::c~ rnr~ -nil} ,69 c) C) :T1 ~~T~ '?} f~~ (:~ '- w c;.; .~.! ,< IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Diane M. Moretz, ) Civil Action - Law Plaintiff ) ) vs. ) ) No. 03-6Jl27 - Civil Term Robert W. Moretz, ) Defendant ) Civil Action - Law in Divorce CERTIFICATE OF SERVIICE, I, Timothy J. Colgan, Esquire hereby certifY that I am lhis day serving a copy of the Motion for Appointment of Master upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Robert W. Moretz 427 West Main Street (Rear) Mechanicsburg, PA 17055 WILEY, LENOX, COLGAN & MARZZACCO, P.C. By: sqUire Supreme Co . #77944 130 West Church Street, Suite 100 Dillsburg, P A 17019 (717) 432-9666 Date: 4--~-fJ" ;g~~;:i Z:c. ~~~.C~ C~: ~E~.) :r:"'c:.: ~ o ~~ ,...., = =, J:" <- c::: Z I o -" :i!-n nlF :o~ _0 < ::::>0 "";;::l-rl :1_-r1 QCS ::::)rtl ~:;~ :1 -.::' .r:- ..a -:. F\FILES\DATAFILEIDonegllB050\Current\229.ans,mnl Created: 3/30/04 11:20AM Revised: 6/2104 1:43PM 3050.229 GARY and KAREN ULRICH, HIW, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM GEORGE E. HOMERICH, tidlb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants CIVIL ACTION- LAW PLAINTIFFS' ANSWER TO DEFENDANT MONESSEN'S NEW MATTER NEW MATTER 22. Plaintiffs incorporate by reference the allegations in their Complaint. 30-33. Denied as conclusions oflaw. 34. Denied as a conclusion of law. By way of further response, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth ofthe allegations in Paragraph 34 and the same are denied. 35. Denied as a conclusion oflaw. 36-44. Denied as conclusions of law. By way of further response, Plaintiffs are without knowledge or information sufficient to form a belid as to the truth ofthe allegations in Paragraphs 36-44 and the same are denied. 45-63. Denied as conclusions oflaw. 64. The averments in this paragraph are directed to a party other than Plaintiffs. WHEREFORE, Plaintiffs demand Judgment in their favor in the amount of $18,251.75, exclusive of interest and costs, together with all such other relief that the Court deems just and appropriate. Date: June 2, 2004 MARTSON DEARDORFF WILLIAMS & OTTO By C/24 r. IL Christopher E. Rice, Esquire Attorney ill No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiffi CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Df:ardorffWilliams & Otto, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 Thomas A. Beckley, Esquire John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 MARTS ON DEARDORFF WILLIAMS & OTTO ,L2f)JwJ e A. Dt)cker en st High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 2, 2004 ;:;~~ -<. ....., = = .. '- s= ..::: o -., ::t ITI:n -"hi :00 C) I ~.-!() 6=!J :z: ,(,") ':.) 1 ~~:! :-.0 -< I N :?? c::.' L) o GARY and KAREN ULRICH, H/W, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT, INC.; and MONESSEN HEARTH SYSTEMS, Defendants : NO. 03-6056 CIVIL TERM PRELIMINARY OBJECTIONS OF OLD FASHION HEAT, INC. TO NEW MATTER/CROSS-CLAIM OF MONESSEN m~ARTH SYSTEMS AND NOW comes Old Fashion Heat, Inc., by and through its attorneys, Thomas A. Beckley, Esquire, John G. Milakovic, Esquire, and Beckley &: Madden, of counsel, and files these preliminary objections to the New Matter/Cross-Claim of Monessen Hearth Systems contained in Monessen's Answer to Plaintiffs' Complaint, stating as follows: I. MOTION TO STRIKE FOR FAILURE TO CONFORM TO RULES 1. In Monessen's New Matter/Cross-Claim, Monessen seeks relief against both "George E. Homerich, George E. Homerich t/dlb/a Old Fashion Heat, Inc. and/or Old Fashion Heat, Inc." (Monessen New Matter, ~'s 67-68 & Prayer for Relief.)(Emphasis added.) 2. Old Fashion Heat, Inc., the corporation, is not already a party to this action. Rather, in Plaintiffs' Complaint, Plaintiffs identify the applicable Defendant as follows: "Defendant, George E. Homerich, is an adult individual doing business as Old Fashion Heat, Inc., with its principle [sic] place of business at 214 Bridge Street, New Cumberland, Cumberland County, Pennsylvania." (Complaint, ~2.) It is obvious from the foregoing that the only other existing party Defendant to this action, as of the time that Monessen filed its New Matter/Cross-Claim, was George E. Homerich, an adult individual. 3. Pa.R.Civ.P. 2252(b) provides that, if the person sought to be joined is not already a party, then joinder must be accomplished by a praecipe for a writ of summons or a complaint. Monessen has, therefore, improperly attempted to join the corporate entity, Old Fashion Heat, Inc., by a New Matter/Cross-Claim. 4. Further, Pa.R.Civ.P. 2253 provides that joinder of a new party may not be accomplished without leave of court, if more than sixty days have elapsed from the time that the joining party was served with the initial pleading. Upon information and belief, it is averred that, as of the time in which Monessen sought to join Old Fashion Heat, Inc., more than sixty days had elapsed from the time that Monessen was served with Plaintiffs' Complaint and Monessen did not obtain leave of court to join the corporate entity, Old Fashion Heat, Inc. WHEREFORE, Old Fashion Heat, Inc. respectfully requests that Monessen's New Matter/Cross-Claim be stricken as applied to Old Fashion Heat, Inc., for failure to comply with the Pennsylvania Rules of Civil Procedure. Dated: (,./15" lOl.l Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, PAl 71 08 (717) 233-7691 ThZ:~;:k~'~tt; ~,"i' / Attorneys fi)r Old Fashion Heat, Inc. 2 CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Attorney for Plaintiffs Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solyrnos & Calkins 110 S. Northern Way York,PA 17402-3737 Attorney for Monessen Hearth Systems Dated: t, If Sl &1 CJ ,;: -~,... :::j """" ...., C:? = -"""" '-- c:: :;;~t: o -n -l ::t:-n rT1r= -om -'~Y' bO =21;"1 ;2(i ?)i-n ~ J13 '< 0' -'1r<::: ~ W \.D GARY and KAREN ULRICH, H/W, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION.LA W GEORGE E. HOMERICH, tJdlb/a OLD FASHION HEAT, INe.; and MONESSEN HEARTH SYSTEMS, Defendants : NO. 03.6056 CIVIL TERM REPLY OF GEORGE E. HOMERlCH TO NEW MATTER/CROSSCLAIM OF MONESSEN HEARTH SYSTE:MS AND NOW comes George E. Homerich ("Homerich"), by and through his attorneys, Thomas A. Beckley, Esquire, John G. Milakovic, Esquire, and Beckley & Madden, of counsel, and files this Reply to the New Matter/Crossclaim of Monessen Hearth Systems ("Monessen"), averring as follows: 65. Denied. To the contrary, the avennents in the Monessen Answer to Plaintiffs' Complaint all concern parties other than Homerich, but, alternatively, to the extent that said avennents concern Homerich, said avennents are denied and all avennents in Homerich's Answer and New Matter to Plaintiffs' Complaint are hereby adopted by reference. 66. Homerich hereby adopts by reference and incorporates herein his Answer to Plaintiffs' Complaint, including the New Matter thereto. 67. Denied. This paragraph of Monessen's New Matte:r/Crossclaim consists solely of conclusions of law to which no further reply is necessary. 68. Denied. This paragraph of Monessen's New Matter/Crossclaim consists solely of conclusions of law to which no further reply is necessary. WHEREFORE, Homerich respectfully requests that Monessen's New Matter/Crossclaim be dismissed as to him. Dated: t.,/J 'i5 (H Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 (717) 233-7691 '7~% a'444 Thomas A. Beckley /JL----- ~ilakOVic Attorneys for George E. Homerich 2 00/1 (/iiOOq "1: 1 ~ f/,X il!:JrOl/OO" VERIFICATION I, George E. Homerich, hereby verify that I am an adult individual and that the facts set forth in the foregoing pleading are true to the best of my knowledge, infonnation, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. Dated: 6- /1 -0 Y ;-1'1"7''-" ;... 5; - ?7 f c CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Christopher E. Rice, Esquire' Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Attorney for Plaintiffs Robert A. Lerman, Esquire Griffith, Strickler, Lerman, Solymos & Calkins 110 S. Northern Way York, PA 17402-3737 Attorney for Monessen Hearth Systems Dated:t,M/tJL1. ~ (J c.: "';~:~ ;f, -:~. t u! ~ :i.\;'~. -;.~~~ ~ '" = c-e> ...- <-- c:::. .~ o -n .-< ~ n,:D , -ern :o,? gc.} -,"1-, -:_~-'" ~:~~ r',~ O' ~3 -< N -0 =".:: N r" (Ji IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, h/w Plaintiffs, CIVIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH tld/b/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED DEFENDANT MONESSEN HEARTH SYSTEMS' RESPONSE TO PRELIMINARY OBJECTIONS OF OLD FASHION HEAT, INC. TO NEW MATTER/CROSS-CLAIM OF MONESSEN HEARTH SYSTEMS AND NEW MATTER, AND ALTERNATIVELY, MOTION FOR LEAVE OF COURT TO JOIN ADDITIONAL DEFENDANT I. Admitted. 2. Denied. It is unclear from Plaintiffs' Complaint whether Plaintiffs have sued Defendant George E. Homerich as an individual only or whether the Plaintiffs have sued the corporation identified as Old Fashion Heat, Inc. A copy of Plaintiffs' Complaint is attached hereto and marked Exhibit 1. In paragraph 2 of Plaintiffs' Complaint, Plaintiffs identify Mr. Homerich as an adult individual doing business as Old Fashion Heat, Inc. In paragraph 6 Plaintiffs allege Defendant Old Fashion Heat, Inc., installed the product in question. Therefore, it is unclear from Plaintiffs' Complaint whether Plaintiffs have instituted a cause of action against George E. Homerich individually, a corporation identified as Old Fashion Heat, Inc., or both. 3. Admitted in part and denied in part. The first sentence of paragraph 3 is admitted with regard to a recitation of the PaRC.P. Rule 2552(b). It is denied that Monessen has improperly attempted to join the corporate entity Old Fashion Heat, Inc., by a New Matter/Cross- Claim and averred, to the contrary, that Monessen has asserted a proper New Matter/Cross- Claim against the entities which it appears Plaintiffs have sued, 4. Admitted in part and denied in part. The first sentence of paragraph 3 is admitted with regard to a recitation of the Pa.R.C.P. Rule 2553. It is denied that Monessen has improperly attempted to join the corporate entity Old Fashion Heat, Inc., by a New Matter/Cross-Claim and averred, to the contrary, that Monessen has asserted a proper New Matter/Cross-Claim against the entities which it appears Plaintiffs have sued. WHEREFORE, Defendant Monessen Hearth Systems respectfully requests this Honorable Court deny the Preliminary Objections of Old Fashion Heat, Inc., to Monessen's New Matter/Cross-Claim and allow the New Matter/Cross-Claim to stand, as plead. Alternatively, Defendant Monessen Hearth Systems respectfully requests this Honorable Court grant Monessen leave to file a Complaint against Old Fashion Heat, Inc., should the Court determine that Plaintiffs have not properly sued Old Fashion Heat, Inc. NEW MATTER 5. Responding Defendant, Monessen Hearth Systems, incorporates herein by reference, as if fully set forth at length Paragraph Nos. I - 4, inclusive, as set forth hereinabove. 6. Responding Defendant has submitted Interrogatories/Request for Production of Documents - Set No. 1 to George E. Homerich t/dlb/a Old Fashion Heat, Inc., to clarify whether Mr. Homerich was a sole proprietor operating a business under a fictitious name or whether there existed a corporate entity, Old Fashion Heat, Inc., at the time of the alleged incident described in Plaintiffs' Complaint who is the proper Defendant to this litigation. GRIFFITH STRICKLER, LERMAN, MaS & CALKINS Date: r,!ZYd1 BY -().~ ~ Robert A. Lernlan ::Z:f= Supreme Court ID No. 07490 Attorney for the Defendant, Monessen Hearth Systems 110 South NOIthern Way York,PA 17402 Telephone: (717) 757-7602 VERIFICATION The undersigned, being duly sworn according to law, deposes and says that he is counsel for the party or parties indicated on the preceding page as being represented by said counsel, that he has examined the pleadings and the entire investigative file made on behalf of said party or parties, that he is taking this verification to assure compliance with the pertinent rules pertaining to timely filing of pleadings and other documents described by said rules; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 PA C.S.A. SECTION 4904 relating to unsworn falsification to authorities. This Verification of the attorney is being attached hereto because the Verification of the Defendant(s) cannot be obtained in the time allowed for filing of the subject pleading with the Coort. Tho ~=Iol Veri"omO" of tlw "'f~d~~,) will t M'~ ~ it i, Date: (p /29/6 Y Robert A. Lerman, Esquire ~~/23/2004 10:37 671-7351 THE ST PAUL PAGE 05/17 & C~y O~. KY859 254 064P TO 18883298734 p.es MAR 22 2004 B9:45 FR PALMER -' GARY and KAREN ULRICH, H/W, Plaintiff's, IN THE COURT OF COMMON PLEAS OF CUMBERL.AND COUNTY, PENNSYLVANIA v. NO. CIVIL ACTION - LAW GEORGE E. HOMERICH, tld/b/a OW F ASmON HEAT INC., and MONESSEN HEARTH SYSTEMS Defendants COMPLAINT AND NOW, come Plaintiffs, Gary and Karen mrich, by and through their counsel, MAR1S0N DEARDORFF WILLIAMS &; OITO, and file ~his Complaint and in support thereo~ aver as follows: 1. Plaintiffs, Gary and Katen tnrich, are adult individuals residing as husband and wife at 1702 Fainnont Drive, Mechamcsburg, Cumberland County, Pennsylvania. 2. Defendant, George E. Homcrich, is an adult individual doing business as Old Fashion Heat, Inc., with its principle place of business at 214 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3. Defendant, Monessen Hearth Systems is a Kelltucky corporation, willi its principal place of business at 149 Cleveland Drive, Paris, Kentucky. 4. On or about December 31, 2001, Plaintiffs we:re the owners ofaresidence at 1702 Fairman! Drive, Mechanicsburg, Cumberland County, Pennsyl'Vlnia (hereinafter ''Residence:). 5. Defendant, MonessCD Hearth Systems is the m.lllufacturer ofa. "Monessen, Wildfire- Massive Oak log silt." 6 On or about DccCDlber 2001, Plaintiffs contracted with Defeodant, Old Fashion Heat Inc., to install a new "Monesssn, Wildfire-Massive Oak log set" mto Residence. Defendant accepted the assignment and attempted to penonn the installlltion. 03/23/2004 10:37 671-7351 rHE ST PAUL MAR' 22 2004 09;4~ FR PALMER ~ CAY OF. KY859 254 064r TO 18883298734 PAGE 06/17 P.1iI6 "'-" COUNT I NEGUGENCE Gllry and Karen Ulricb v. George Homerich t/dlbla Old Fasbion Heat IDC. 7. During the installation, on or about January 2002, Defendant, Old Fashion Heat Ine., negligentlY installed log set in that he: a. incorrectly "wedged open" the damper for the fireplace; b. pt:m1lmentIy "wedged open" the damper for the fireplace; and c. proceeded with and completed the installation despite knowing that the log set could not be lISsembled properly. 8. As a direct and proximate cause of Defendant's negligent installation of the log set, black soot was emitted throughout the R.esidence. causing Plaintiffs to sustain dllIIi.ages to their property and personal possessions including: a. smoke and soot damage to clothing; b. smoke and soot damage to the interioroithe house; and c. smoke 3I1d soot damage to iteinS of personal property in the house. 9. At no time after installation did PlaintiffS attempt to adjust the damper or any other part of the log set. MmRBFORE, Plaintiffs demandjudgment againstDe~e.ndants in the amount of$18,lS8.23 plus interest, costs and all other relief the Court deems just and appropriate. COUJ.'llTU STRICT LIABILITY-DEFE:CTlVEPRODUcr Gary and Karen Ulrich 'Y. MONESSEN HEARTH SYSTEMS 10. The allegations in Paragraphs 1 through 9 abo',e are incoxporated by reference as though fully set forth herein. 11, Defendant, MonessenHealth Systems designs, manufactures and sells the Monessen Wildfire-Massive Oak Log set purchased by Plaintiffs. 12. The Monessen Wildfire-Massive Oak log set thlLt Plaintiffs purchased was defective in both design and manufacture, in that the damper mechanism did not work properly and the unit could not be assembled in accordance with the manufacturer's instructions. 13 _ As a direct and proximate cause of the aforemelltioned defects, Plaintiffs' sustained damage to their holXl6, personal property and clothing. 0'3/23/2004 10: 37 671-7351 TH€ ST PAUL PAGE 07/17 MAR 22 2304 09:46 FR PALMER & CAY OF, KY859 254 B64n TO 18883298734 P.B7 .' WHEREFORE. Plaintiffs demand judgment against Dejbndants in the amount on 18, I 58.Z3 plus interest. costs and all other relief the Cowt deems jus1 and appropriate, COUNT In BREACH OF IMPLIED W AlUUNTY OF Ml~RCHANTABILITY Gary luul Koren Ulrieh v, MONESSEN HEARTH SYSTEMS 13. The allegations in Paragraphs I tJu:ough 12 abolve are incorporated by reference as though nllly set forth herein. 14. The soot and smoke wbich damaged Plaintiffs' home, personal property and clothing was caused by a manufacturing and/or design defect which existed at the time they purchased the log set. 15. The defect was the direct and proximate cause ofthe fire which damaged Plaintiffs; property. 16. Plaintiff neither knew, nor had reason to know (lfthe existence of the defect. 17. The defect which caused the soot and smoke %'elldered Plaintiffs' home, pexsonal property and clothing unfit for its intended ordinary purpose. WHEREFORE, Plaintiffs demandjudgment agai%l&1 Deti::ridants in the amountof$l8,158.23 plus interest, costs and all other relief the Cowt deems just and appropriate. COUNT IV BREACH OF IMPLIED WARRANTY OF Ji1TNESS Cary and Karen Ulrich "Y. MONESSEN HEARTH SYSTEMS , . 18. The allega.tions in Paragraphs 1 tJu:ough 17 abo'l'e are inco%porated by reference as though fully set forth h~iX1. 19. At the time of sale, Defendant Monessen, 111.d its authorized agents knewthat Plaintiffs intendel! to use the log set as a heating source for tbe:ir home. 20. Plaintiffs relied on Defendant and its a.uthorized agents to sell them a log set fit for tb,eir intended use and which did not pose an unrcasotlablc danl~er to Plaintiffs Or their family. 21. The defect which caused the soot and smoke ciamage rendered Plaintiffs' home, personal property anI! clothing unfit for its intended purpose_ 09/23/2004 10:37 671-7351 THE ST PAUL PAGE 0S/17 MAR 22 2~04 09:46 FR PALH~R . CA~ OF, KY85S 254 1~64P TO 18883298734 p,e8 WHEREFORE, Plaintiffs demand judgment againstDefimdants in the amount oiS 18, 158.23 plus interest, costs and all other relief the Court deems just flnd appropriate. Respectfully sublnitted, MARTS ON DEARDORFF WILLIAMS & OTTO By Q~>~ Anthony T. Lucido, Esquire Attorney I.D. No. 76S8:3 Ten East High Street Cerlisle,]~ A 17013-3093 (717) 243i-3341 Attorney for Plaintiffs Date: "/11/03 l'l3/23/2l'll'l4 1l'l: 37 671-7351 THE ST PAUL. PAGE l'l9/17 ~A~ 22 2~04 09'46 FR PALMER L CAY OF. KV859 254 064P TO 18883298734 P.09 ~_.. "'- VElUJ!'ICATION The roregoing Complaint is based upon illfonnation whic:h has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and nOI my own. I have read the document and to the extent that it is based llpon information which I have given to my counsel, it is troe and correct to the best of my knowledge, in:tormation and belief. To the e.xtent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to tho plmalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which pt'ovidllll that if I make knowingly false avennents, I may be subject to criminal penalties. ( ., '~1M.7 ~ Gary Ulrich x-~~ I':'\Fn.IS\DATAfQ.lI'tDcJIC!pb~ll\2'2kom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, hlw Plaintiffs, CIVIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/d/bla OLD FASHION HEAT, INe. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~gy of ~ ,2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Defendant Monesslm Hearth Systems' Response to Preliminary Objections of Old Fashion Heat, Inc., to New Matter/Cross-Claim of Monessen Hearth Systems and New Matter, and Alternatively, Motion for Leave of Court to Join Additional Defendant by United States Mail, addressed to the party or attorney of record as follows: Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, PA 17013-3093 (Counsel for Plaintiffs) Thomas A. Beckley, Esq.lJohn G. Milakovic, Esq. Beckley & Maddf'n 212 N. 3rd Street P.O. Box 11998 Harrisburg, P A 171 08 (Counsel for Defendant George E. Homerich t/d/bla Old Fashion Heat, Inc.) GRIFFITH, TRICKLER, LERMAN, S OS & CALKINS BYRoortAw:idi? Attorney for Defendant Monessen Hearth Systems 110 South Northern Way York,PA 17402 Telephone: (717) 757-7602 ras/monessen-rspo ("', ....<, c.,;:> ~- r--,,) Ul o -10 --I 'T-n i'n F~~ ,'1 I'-J " (~, " f" -Cl ~ ;(1 r_~? o '-'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, h/w Plaintiffs, CIVIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/dIb/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TR[AL DEMANDED CERTIFICATE OF SERVICE AND NOW, this 2?1 jay of ~ , 2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YM:OS & CALKINS, hereby certify that I have this date served a copy of the InterrogatOlries/Request for Production of Documents of Defendant Monessen Hearth Systems, to George E. Homerich t/dlh/a Old Fashion Heat, Inc. - Set No.1 by United States Mail, addressed to the party or attorney of record as follows: Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, P A 17013-3093 (Counsel for Plaintiffs) Thomas A. Beckley, Esq./John G. Milakovic, Esq. Beckley & Madde:n 212 N. 3rd Street P.O. Box 11998 Harrisburg, PA 17108 (Counsel for Defendant George E. Homerich t/dIb/a Old Fashion Heat, Inc.) GRIFFITH, STRI(9KLER, LERMAN, SOL S & CALKINS klr/monessen-int BY /{)j; )0- Robert A. Lennan, ID No. 07490 Attorney for Defendant Monessen Hearth Systems 110 South NOIthern Way York, PA 17402 Telephone: (717) 757-7602 8 l. a '" c."..> C~ .L- , c:: Cj 'q ._/ ~- i"11,;]] ::R8 0' ..--ie! _~C _~.: ::::{ :;;~:: .-.:/ -:.. -d,. t'.) UI :2 -',," N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA GARY AND KAREN ULRICH, h/w Plaintiffs, CIVIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/dIb/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this '"1fhday of 4-,2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YN[OS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant Monessen Hearth Systems to P'laintiffs by United States Mail, addressed to the party or attorney of record as follows: Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, PA 17013-3093 (Counsel for Plaintiffs) Thomas A. Beckley, Esq./John G. Milakovic, Esq. Beckley & Madden 212 N. 3rd Street P.O. Box 11998 Harrisburg, P A 17108 (Counsel for Defendant George E. Homerich t/dIb/a Old Fashion Heat, Inc.) raslmonessen~int2 BY R ert A. Lerman, ID .074 0 Attorney for Defendant Monessen Hearth Systems 110 South Nortl1ern Way York,PA 17402 Telephone: (717) 757-7602 16 (") '" r;:.; = ~ = ~Ff,e ..<:- <- :;:t c:: ""'-" .- nlp1 z' (fJ r -Urn ?~L' U) :Oy s;: C) ~ ~.,. ~..-' , ::l: ~~~ -;;~~. :;? C)' ,1 -. (J, -":;~ _21 CO -......,: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA GARY AND KAREN ULRICH, h/w Plaintiffs, CNIL ACTION - LAW v. Case No. 03-6056 GEORGE E. HOMERICH t/dIb/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. JURY TRiAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this ~ day of ~/ , 2004, I, Robert A. Lerman, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS, hereby certify that I have this date served a copy of the Interrogatories/Request for Production of Documents of Defendant Monessen Hearth Systems, to George E. Homerich t/dlh/a Old Fashion Heat, Inc. - Set No.2 by United States Mail, addr,essed to the party or attorney of record as follows: Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 E. High Street Carlisle, PA 17013-3093 (Counsel for Plaintiffs) Thomas A. Beckley, Esq./John G. Milakovic, Esq. Beckley & Madden 212 N. 3rd Street P.O. Box 11998 Harrisburg, P A 17108 (Counsel for Defendant George E. Homerich t/dlb/a Old Fashion Heat, Inc.) GRIFFITH, ST CKLER, LERMAN, SOL OS & CALKINS ras/monessen-int3 BY R bert A. Lerman, ID No 74 0 Attorney for Defendant Monessen Hearth Systems 110 South Northern Way York, PA 17402 Telephone: (717) 757-7602 14 0 ~ q. s;;:; 'j? < c...- %~ -D l.:r:; f'"li'" c:: '";:..' ,- _ot'fl '2: , 'n~ '!} .p :i-) ~, .:J ~;~" ~ ~..,.. -,;.C'.-- -0 ;:::>:!1 ~..~~. ~ .,.0 - [5P~ _.~\ ..~... ::2. ,,,l1 ~o. 0:> ...c. F:\FILES\DA T AFILE\Donegal3050\Current\229, praltde Created: 11/01l0210:27:36AM Revised: 08/19/04 03:37:52 PM 10349.1 GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT INC., and MONESSEN HEARTH SYSTEMS Defendants CIVIL ACTION - LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case against Defendant, GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC, settled and discontinued with pr,ejudice, and amend the caption to reflect the same. This suit will continue against the remaining Defendant, MONESSEN HEARTH SYSTEMS. MARTSON DEARDORFF WILLIAMS & OTTO By {ijl 1.:1 ( tL Christopher E. Rice, Esquire Attorney J.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 19,2004 CERTIFICATE OF SERVICI~ I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepa~d, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 Thomas A. Beckley, Esquire John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, P A 17108 MARTS ON DEARDORFF WILLIAMS & OTTO By ~4L >. tL-.. Christopher E. Rice Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: August 19, 2004 f\J ~ - \.v V"\ 11', Cl ~ J\ .. 9\ S I....' C') C') r .~ F;~ .':..i- -"J r\;. ..t> ~r.' GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM MONESSEN HEARTH SYSTEMS Defendant CIVIL ACTION - LAW MOTION TO AMEND CAPTION I. Plaintiffs filed a Praecipe to Settle and Discontinue on August 24,2004, stating that the lawsuit between Defendant GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT INC., and Plaintiffs was settled and discontinued. A copy of the Praecipe is attached hereto. 2. Pursuant to the Praecipe, Defendant Homerich was removed from the caption. 3. The parties to this action have discussed the removal of Defendant Homerich. 4. All parties agree and/or do not oppose amending the caption to place GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., back onto the caption as a Defendant as was initially stated on the complaint and that the Praecipe to Settle and Discontinue be withdrawn. The Consent to Amend Caption executed by Defendant Monessen' s <:CIunsel and Letter not opposing the amendment drafted by Defendant Homerich' s counsel are attached hereto as proof of their position. MARTS ON DEARDORFF WILLIAMS & OTTO Date: September 16, 2004 By C!.i!uU ~. tL-. Christopher E. Rice, Esquire Attorney ID No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:\FILESIDA T AFILE\DonegaIJ050\CumntI129.praltde Created: 1l/01l0210:27:36AM Revised: 08119/04 03:37:52 PM 10349,] ~(Q)~W GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM ,." ('::) (:":-, GEORGE E. HOMERICH, t/d1b/a OLD FASHION HEAT INC., and MONESSEN HEARTH SYSTEMS Defendants CIVIL ACTION - LAW j"....::: j','"'' j-'" PRAECIPE TO SETTLE AND DISCONTINUE C) C;"1 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case against Defendant, GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC, settled and discontinued with prejudice, and amend the caption to reflect the same. This suit will continue against the remaining Doefendant, MONESSEN HEARTH SYSTEMS. MARTSON DEARDORFF WILLIAMS & OTTO Date: August 19,2004 ( -j I /' (' // By ./L' ,yL . I~_ Christopher E. Rice, Esquire Attorney LD. No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LEIUvIAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 Thomas A. Beckley, Esquire John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 MARTS ON DEARDORFF WILLIAMS & OTTO 0-, -" / .' '" c- 0,"" By /f. ii'/- ;> 12~~ Christopher E. Rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 19,2004 F:lFlLES\DA T AFlLE\Dollegal3050\CUITellt\229_collselltfcer Created: 4/5/04 9:17PM Revised: 917104 3:52PM GARY and KAREN ULRICH, H1W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants CNIL ACTION - LAW CONSENT TO AMEND CAPTION All parties to this lawsuit agree that GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., should not have been removed from the caption as a Defendant and that the Praecipe to Settle and Discontinue should be withdrawn. All parties request that the caption be amended to include GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., as a Defendant in this lawsuit as was initially stated on the complaint and that the Prae:cipe be withdrawn. through their counsel, consent to the Motion to Amend Caption. obert A. Lerm Attorney for Defendant Monessen Hearth Systems BECKLEY & MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH THIRD STREET PHONE, (7171 233-7691 FAX: (717)233.3740 E-MAIL;becldey@pa.net iohnl!m(ii)D8.nel POST OFFICE BOX 11998 HARRISBURG. PENNSYLVANIA 17],08-1998 FILE NO. September 8, 2004 45210 Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, P A 17013 Re: Ulrich Case Dear Christopher: We are in receipt of your Motion to Amend Caption. This is to advise you that we do not oppose same. You may use this letter as evidence of our position. Very truly yours, BECKLEY & MADDEN ~//~/ ~ G. Milakovic CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York,PA 17402 John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, P A 17108 MARTS ON DEARDORFF WILLIAMS & OTTO By Ct4L- ~ IL- Christopher E. Rice Dated: September 16, 2004 ....' = ~.:.) .r- (/;, ,..:" ~ --0 "-... :;..: -' (') -n ---' ""T--n [l1p: -c'rn ~---'1 CJ Cj(l.) --1,'1, :r;" .~;C) :..X:: ~JT'\ 9 ~I f') ~;.i GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6056 CIVIL TERM v. CIVIL ACTION - LAW MONESSEN HEARTH SYSTEMS Defendant 1. Plaintiffs filed a Praecipe to Settle and Discontinue on August 24, 2004, stating that the lawsuit between Defendant GEORGE E. HOMERICH, tldIb/a OLD F ASHION HEAT INC., and Plaintiffs was settled and discontinued. A copy of the Praecipe is attached hereto. 2. pursuant to the Praecipe, Defendant Homerich was removed from the caption. 3. The parties to this action have discussed the removal of Defendant Homerich. 4. All parties agree and/or do not oppose amending the caption to place GEORGE E. HOMERICH, tld/b/a OLD FASHION HEAT INC., back onto the caption as a Defendant as was initially stated on the complaint and that the Praecipe to Settle and Discontinue be withdrawn. The Consent to Amend Caption executed by Defendant Monessen' s counsel and Letter not opposing the amendment drafted by Defendant Homerich' s counsel are attached hereto as proof of their position. MOTION TO AMEND CAPTION MARTSON DEARDORFF WILLIAMS & OTTO Date: September 16,2004 By ceu~. (l Christopher E. Rice, Esquire Attorney ID No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff F:\FlLES\DA T AFlLE\Donegal30S0\Cl,lrrent\229 _praltde Created: Il/OIf0210:27:36AM Revised: 08/19/04 03:37:52 PM 10349,1 ~(Q)~~ GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC., and MONESSEN HEARTH SYSTEMS Defendants CIVIL ACTION - LAW C":' ,....".., .r;" C~) (Y', PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case against Defendant, GEORGE E. HOMERICH, t/dlb/a OLD FASHION HEAT INC, settled and discontinued with prejudice, and amend the caption to reflect the same. This suit will continue against the remaining Defendant, MONESSEN HEARTH SYSTEMS. MARTSON DEARDORFF WILLIAMS & OTTO By c~l~i}yL /. 12._ Christopher E. Rice, Esquire Attorney LD. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 19,2004 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 Thomas A. Beckley, Esquire John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO By eLl- .//!- ~,~ 12~ Christopher E. Rice Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 19,2004 F:\FILES\DA T AFILE\DOnegal3050\CUrrem\229oonsentlcer Created: 4/5/04 9:17PM Revised: 917104 3:52PM GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM GEORGE E. HOMERICH, tldIb/a OLD FASHION HEAT INC., MONESSEN HEARTH SYSTEMS Defendants CIVIL ACTION - LAW CONSENT TO AMEND CAPTION All parties to this lawsuit agree that GEORGE E. HOMERICH, tld/b/a OLD FASHION HEAT INC., should not have been removed from the caption as a Defendant and that the Praecipe to Settle and Discontinue should be withdrawn. All parties request that the caption be amended to include GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT INC., as a Defendant in this through their counsel, consent to the Motion to Amend Caption. obert A. Lerm Attorney for Defendant Monessen Hearth Systems . . BECKLEY & MADDEN ATTORNEYS AT LAW CRANBERRY COURT 212 NORTH THIRD STREET HARRISBURG. PENNSYLVANIA 17108.1998 POST OFFICE BOX 11998 FILE NO. PHONE: (717) 233-7691 FAX: t7171233-3740 Eo-MAlL: becldey@pa.net johnl!mtalOa.net 45210 September 8, 2004 Christopher E. Rice, Esquire Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 Re: Ulrich Case Dear Christopher: Weare in receipt of your Motion to Amend Caption. This is to advise you that we do not oppose same. You may use this letter as evidence of our position. Very truly yours, BECKLEY & MADDEN /./,L ,/ .c:::-:' .--,,/ John G. Milakovic . " CERTIFICATE OF SERVICE I hereby certify that a copy ofthe foregoing Motion was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York,PA17402 John G. Milakovic, Esquire BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO BY~ c( (l~ Christopher E. Rice Dated: September 16, 2004 -':"' C) ,- ,....<, ;?:; ~- (/:' c: -n .~ f~iF rn CJ , C) ,') -0 -.J :r:.~ - c' "" SEP V'ZOD4 (f GARY and KAREN ULRICH, H/W, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6056 CIVIL TERM CIVIL ACTION - LAW MONESSEN HEARTH SYSTEMS Defendant ORDER '" AND NOW, this d~ day of September, 2004, Plaintiffs' Motion to Amend Caption and withdraw its Praecipe to Settle and Discontinue is granted and the Prothonotary is directed to place GEORGE E. HOMERICH, t/dIb/a OLD FASHION HEAT INC., back onto the caption as a Defendant and mark the Praecipe to Settle and Discontinue as withdrawn. T, , J. q'O~ () Cr 1-= \fIN'Vin\SJlftrJd 11~;n,~,.., r:, ',,~. "'-'''n'' 1"\.1./", 1\.).,.1 \.'j."", :h:-<.:;f.'1: V ez Ie I.Jd 6Z d]S'IDOl AiNlONOi-ilOod 3H1 :f0 301:i.:fO"{]37/:1 or GARY and KAREN ULRICH, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN1A v. NO. 03-6056 CIVIL :il~x 2003 GEORGE V. HOMERICH t/d/b/a OLD FASHION HEAT, NC d MONESSEN HEARTH SYSTEMS, I ., an Defendants RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following fonn: 'PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire . counsel for the pJaintiffld~ in the above action (or actions), respectfully represents that: 1. The abo-ve-captioned action (:uIC~) is ~t issue. 2. The claim of the plaintiff in the action is $ 18,158.23 . The counterclaim of the defendant in the action is _0 .00 The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: ~ Mart8o~Dear??rff Williams & Otto;' Beckley & M~ddenI'G!iffith, _Strickler, Lerrnan,~olymos & Calkins. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, U<h-L C; . t2- Christopher E. Rice, Esquire ORDER OF COURT AND N~W, ~~ I~._, ~cJ f'in consi.;J.eration of the , foregoing petition. .~fUV ~/ . ..Esq_: J)I1<Y~ Io~"t- Es~., and, '--1J (d#.-I~.. "l;J..;..!iJ 0-) (1.. Esq., are appomted arbltrators m the above captioned action (Qr actions) as praye"J-for. l' BYtheC~lllr _ Pl. :i- () r--) ,~ ~ F0 C.":> (:~~ C-? - .J:" ("' '-j} r<', C,., q~~! r', (-.' -4 ........... ~ .::,- ~ ....<. J I';, ' ,1-'. .- l-->~ ..;--.; , 9? ot:::;. -e:, .c::':_ 'l::.".lr- -..... :;l N :'~rJ c;,(::; Llj ." r",) .< ;J' I ~'.:', , /,It,--!;.... .r..~ ':+ J :0 ~2 :!l ::1 Sl ! r'D f.r,rz ~ H "';, ~- ,-,' j...,';..; }'.tfii~:-;'~<:..:~.~.;.iOdd ~i-l1 :i() 3=r:~Cl'"{J31:~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY AND KAREN ULRICH, h/w Plaintiffs, v. GEORGE E. HOMERICH Vd/b/a OLD FASHION HEAT, INC. AND MONESSEN HEARTH SYSTEMS, Defendants. TO: PROTHONOTARY CIVIL ACTION - LAW Case No. 03-6056 JURY TRIAL DEMANDED PRAECIPE Please mark the docket in the above captioned matter settled and satisfied with prejudice. Dated: ~ec. '1) '2- D-~ r, 2004 klr/monessen-prp 1 MARTSON DEARDORFF WILLIAMS & OTTO By{!e4 C;. ~ Christopher E. Rice, Esquire 10 E. High Street Carlisle, PA 17013-3093 Counsel for Plaintiffs F \FlLES\DA T AFILE\Donegal3050\Current\229,certificate Created: 3/30104 II :20AM Revised: 12113104 8:46AM 3050,229 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Robert A. Lerman, Esquire GRIFFITH, STRICKLER, LERMAN, SOL YMOS & CALKINS 110 South Northern Way York, PA 17402 MARTSON DEARDORFF WILLIAMS & OTTO . .()~ cia D. Eckeruroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: December 13, 2004 q " . r-..' ~ t',::J ,'I c-) ( ~) ':-tl ...-1 .>;- :1': ~, C!? \"',) .-'- 0) By the Court, G4n4nJ GARY AND KAREN ULRICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : 03-6056 CIVIL TERM GEORGE V. HHOMERICH tJd/b/a OLD FASHION HEAT, INC., and MONESSEN HEARTH SYSTEMS ~N RE: ARBITRATION ORDER OF COURT AND NOW, April 25, 2005, the Court having been informed that the *bove-captioned case has been settled prior to hearing, the panel of ~rbitrators previously appointed is vacated, and Norman Yoffe, Esquire, q;hairman of the Arbitration Panel, shall be paid the sum of $50.00. tJ. /' ()(,oJ orman Yoffe, Esquire hairman of the Arbitration Panel offe & Yoffe, P.C. 314 Senate Avenue, Suite 203 amp Hill, PA 17011 -' 4f1 ~j-.(J3 0"0 ~, qourt Administrator j:1:1 \it; (;~:; c u"'Z .,) v. /------- -