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Home My WebLink About04-0207 Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04 - ;l07 (!i~lL. 'TWo FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT v. CIVIL ACTION - LAW CUMBERLAND VALLEY STOVE AND PELLET COMPANY Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue Writ of Summons in the above-captioned action to Defendant, Cumberland Valley Stove and Pellet Company, Colorado Street Extended, Marion, PA 17235. Writ of Summons shall be issued and forwarded to the Sheriff of Franklin County for deputized service on the Defendant. DATE: January 14, 2004 THOMAS, THOMAS & HAFER, LLP ,/ . ~('my'7~ KEVIN C, McNAMARA, ESQUIRE Attorney I.D. No. 72668 CRYSTAL H, WILLIAMSON, ESQUIRE Attorney I.D, No, 91069 Thomas, Thomas & Hafer LLP Post Office Box 999 Harrisburg, PA 17108-0999 Attorneys for Plaintiff WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU, c // e~A~') ~_~~ Prothonotary c;r ~ a"."p . P 7Y0..1l./U V.v- Deputy , "( Dated: J';L. \ J ~ ;:)(v''f I E3.y: OOUGLAS LAW OFFICE 27 W. mGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717.243-1790 WILLIAM p, OOUGLAS. ESQ. Supreme Court I.D,# 37926 ['Jiarmers' MutuafYilSurance'Company; ! as subrogee of Melvin Seibert and ! Maxine Seibert ; , , , ! T''fil'ilie'Courtofcommonpfeasor-'-1 Cumberland County Pennsylvania ; I , ! Plaintiff i ! VS No. 04. 207 Civil Term i Cumberland Valley Stove and Pellet , i Company ; i._....._ , , , , , Defendant! .......__......._.Ml........_ Civil Action Law ,.,.,J,1:1,JYIr:!~~,..Q.~~~~~,~,.,.".,' Answer and New Ma.tter 1. Admitted. 2. Admitted, 3. Admitted. 4. Denied as stated. The business in question is not incorporated. 5. Admitted in part/denied inltpar;t. admitted that the plaintiffs purchased a stove and some accessory equipment however the stove in question was installed by the plaintiffs. 6. Denied as staed. This is an approximation that was passed on to the purchaser. 7. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 8. Denied as stated. It is admitted that the plaintiffs purchased some pellets from the defendant but it is unknown if the purchased pellets from any other sources. 9. Denied as stated. It admitted the stove was replaced but the claimed circumstances are denied. 10. Denied as stated. It is denied that the stove was defective. 11. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 12. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 13. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 14. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. By way of further answer, no damages were caused by the defendant. 15. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 16. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. 17. Denied. After reasonable investigation the defendant is unable to verify the truth of the averment and proof thereof is demanded. By way of further answer, no damages were caused by th€~ defendant. Count 1 Negligence 18, Denied. The aforesaid answers are incorporated herein and reference is made thereto. 19. Denied. Denied pursuant to Pa. R.CP. 1029 (e). 20. Denied. All damages claimed by the plaintiff were not the fault of the defendant and were caused by the conduct of the insured. Wherefore it is prayed that judgment be entered in favor of the defendant and against the pUlintiff and the complaint of the plaintiff be dismissed. Count 2 Warranty 21. Denied. The aforesaid answers are incorporated herein and reference is made thereto. 22. Admitted. 23. Admitted. 24. Denied. The allegations are legal conclusions to which no response is necessary . 25. Denied. The stove in question functioned properly and caused no harm to the insured. 26. Denied. The plaintiff has referenced no express warranties that are applicable and the stove in question was fit for its intended purpose and caused no harm to the plaintiff. Wherefore it is prayed that judgment be entered in favor of ;the defendant and against the plaintiff and the complaint of the plaintiffbe dismissed. Count 3 Breach of Contract 27. Denied. The aforesaid answers are incorporated herein and reference is made thereto. 28. Admitted. 29. Admitted. 30. Denied. The stove in question functioned as designed and caused no harm to the plaintiff. 31. Denied. No damage was caused as alleged by the plaintiff and strict proof thereof is demanded. Wherefore it is prayed that judgment be entered in favor of the defendant and against the plaintiff and the complaint of the plaintiffbe dismissed. ~~mitt , William P. Douglas, Es Attorney for Defendan July 16, 2004 AFFIDAVIT I HEREBY SWEAR OR AFFIRM THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY INFORMATION AND BELIEF. 1HIS IS MADE SUBJECT TO THE PENALTIES OF 18 PA.C.s. ~4904 RELATING TO UNSWORN FALSIFICATION TO AU1HORITIES. DUE TO THE UNAVAILABILITY OF THE DEFENDANT 1HIS AFF ADA VIT IS SIGNED BY COUNSEL FOR THE DEFENDANT. \0..~ - William P. Douglas, Esq. July 16, 2004 ).c~ r o s..~ :..,~: " ,..., <= = .L- (- c~ ('--~ o ., ,-I :r:::.....,...., rni'= ~PJ __.1"" r~i:; (_~~ -,..i_~l '~~! (-j -"'rr; 0' ,,-- o 0"1 ",,,, ~i) -< p ~ ~ 1i t en .lI1 ..... --0 (,.. --t: ") ;:'..5, ~ :::C::: v D~ ~ ~ ~ :~ ~-;;; c..') L. , ' C:. 8 --=- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-00207 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS' MUTUAL INSURANCE CO VS CUMBERLAND VALLEY STOVE & PELL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CUMBERLAND VALLEY STOVE AND PELLET COMPANY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within WRIT OF SUMMONS On February 3rd, 2004 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co l8.00 9.00 lO.OO 37,22 .00 74.22 02/03/2004 THOMAS THOMAS ;/ so~nsw~/ : "::>/ ~,./,~- '4:~~ R. Thomas Kl -,- Sheriff of Cumberland ~ - County HAFER Sworn and subscribed to before me this 'I e.. day of 'J~ ;?1rD'f A.D. n ru_ 0 In. ;;"5 ~, '--1"1 Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Farmers Mutual Insurance Company VS, Cumberland Valley Stove and Pellet Canpany SERVE: sane 04--\91 Fe No. 04-207 civil Now, January 16, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. .~~~.t:/r~.R Sheriff of Cumberland County, PA Affidavit of Service Now, ~ft.t'<tJl"t(l..Y 1..2 ,20~, at 2. 'f" o'clock r M. served the within \Nr-,T .:.r SV'"^,,^ON-S' upon CV ""'l:\i~:I\.LA-",-<1 \tl'l-LLE(' .i~"E .. fELL':;:' Co. at C"Lo(Lv'I-'"0 J'T EI<(- ~v'\-Il..l 01"'( Pit- C 7 .1..3~- by handing to ,'-- "CC\i':OM k f3,k<!>ScQ 0\.1V,....t~ ,~ ofll')"l'lfthe original c" '" fL..,...-r and made known to H c ...... the contents thereof. So answers, ca~e" Dff",>, /} ',./ ../J ,( .,/L( If v~ Sheriff of fS'fLt<>,.,k Li... County. P A Sworn and subscribed me ~s. 3...)., day ~f IV<- ~IU ~ ,20~ ./ ~ .. 7 I COSTS SERVICE MILEAGE AFFIDA VIT $ __ SeoI _D, MoCIIty, ~ NlIi< a.am-'_,F_Coaaly My Commiaicm Expi_.lIa. 29. 2007 $ 31,2--'t.-- FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-207 v, CIVIL ACTION - LAW CUMBERLAND VALLEY STOVE AND PELLET COMPANY, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Notice and Complaint are served, by entering a written appearance personally or by attorney and filing in writing with this Court your defenses or objections to the claims set forth against you. You are warned that if you fail to dlo so, the case may proceed without you and a judgment may be entered against YOIJ 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 or othelr 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 WHEnE YOU CAN GET HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDO A USTED EN LA CORTE. Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, Listed tien viente (20) dias de plaza al partir de la fecha de la demanda y la notificaciCin, Usted debe presentar una apariencia excrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de tomara medidas y puede entrar una orden contra usted sin previa 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 impotantes para usted, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 DATE: if6jJI THOMAS, THOMAS & HAFER, LLP C1~d~S:UIRE Attorney I.D, No. 72668 CRYSTAL. H. WILLIAMSON, ESQUIRE Attorney 1.0. No. 91069 Thomas, Thomas & Hafer LLP Post Office Box 999 Harrisbur~l, PA 17108-0999 Attorneys for Plaintiff 2 FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-207 v, CIVIL ACTION - LAW CUMBERLAND VALLEY STOVE AND PELLET COMPANY, Defendant COMPLAINT AND NOW COMES Plaintiff Farmers Mutual Insurance Company, as subrogee of Melvin Seibert and Maxine Seibert, by and through their counsel, Thomas, Thomas & Hafer, LLP, and files this Complaint against Cumberland Valley Stove and Pellet Company, and in support thereof avers as follows: 1. Plaintiff, Farmers Mutual Insurance Company (hereinafter referred to as "Plaintiff'), as subrogee of Melvin and Maxine Seibert, is an insurance company with offices located at 56 North Market Street, Elizabethtown, Pennsylvania, 17022-0228, 2. Prior to November 2001, Plaintiff issued Melvin and Maxine Seibert insurance policy number H0138365, covering real and personal property located at 173 Hair Road, Newville, Pennsylvania 17241 (hereinafter "the subject premises"), 3. The aforementioned policy was in full force and effect during all relevant times, 4, Defendant Cumberland Valley Stove and Pelllet Company (hereinafter referred to as "Defendant") is a Pennsylvania Corporation with its principle place of business at Colorado Street Extended, Marion, PA 17235, which, among other things, sells wood pellet stoves to the public and manufactures plsllets for use in those stoves, 3 5. In November of 2001, the Seiberts purchased from the Defendant a Whitfield Freestanding Profile 30 pellet burning stove, with all parts necessary for proper installation and use, The purchase price for the installed system was $2,405.00, A true and correct copy of the purchase slip is attached hereto and marked Exhibit "A", 6. At the time of the Seibert's purchase of the stove, they were advised by employees of the Defendant that the stove, operating properly, would consume approximately one bag of pellets per day. 7, The stove in fact consumed approximately three bags of pellets per day, even on a moderately cold day, 8, The pellets used by the Seiberts were those purchased directly from the Defendants, which are manufactured and bagged in Marion, Pennsylvania, 9. Within 30 days of the purchase of the pellet stove by the Seiberts, the original stove had to be replaced due to self-extinguishment during operation. 10. Defendant agreed to replace the defective stove, which it did. However, the replacement stove exhibited the same problem as the first and also had to be replaced sometime in January of 2002. 11. At all times, the Seiberts used the stove as directed. 12, After the installation of the third stove, the Sf3iberts discovered that the roof shingles were becoming permanently stained in and around the area of the roof at the point where the stove was vented, 13, The staining to the roof shingles could not be cleaned, 14, The damage to the subject premises was a I"esult of the acts and/or omissions of the Defendant as set forth below, 4 15, As a direct and proximate result of the defective pellets and/or pellet stove, Plaintiff paid the Seiberts $3,231,03 for damage to the roof of the subject premises, 16. As a result of such payments to its insured, Plaintiff is now subrogated to the rights of its insureds to recover the damages caused by the fault of the Defendant as set forth above. 17, Plaintiff, as subrogee of Melvin and Maxine Seibert, hereby claims against Defendant for damages to the subject premises in an amount equal to the amount paid to the Seiberts plus interest. COUNT I - NEGLIGENCE PLAINTIFF v. DEFENDAN1: 18. The averments of paragraphs 1 through 17 are incorporated herein and made a part hereof as if set forth in full. 19. The damages sustained by Plaintiff were directly and proximately a result of the carelessness, and negligent conduct of Defendant as follows: a) Selling a product without and/or failin!~ to provide a product with adequate or proper warnings of the danger when it is in operation; and/or b) Selling a product without and/or failin9 to provide protective devices, safety features or other protE~ction to prevent the injuries as alleged by Plaintiff; and/or c) Selling a product that was not properly designed to avoid the injury and damage such as that caused in this case; and/or 5 d) Selling a product that was not properly and/or adequately manufactured or assembled; and/or e) Failing to properly and/or adequately test, fabricate, manufacture, sell and/or supply the product in a safl3 condition; and/or f) Failing to adequately and/or properly test or inspect the product in order to provide a safe product; and/or g) Failing to properly label, market, or place warnings on said product so that users would be aware of the dangers therein; and/or h) Selling and/or marketing a product it ~;new or should have known to be in a defective condition; and/or i) In providing a product that malfunctioned in the normal course of its use, 20. All damages sustained by Plaintiff were due to the negligence and carelessness of Defendant as set forth above. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in an amount in excess of $3,231.03, together with any other such relief as this Honorable Court deems necessary, COUNT II - WARRANTY PLAINTIFF v. DEFENDANT 21, The averments of paragraphs 1 through 20 are incorporated herein and made a part hereof as if set forth in full. 22, Defendant was a merchant of pellet stoves and was in the business of selling stoves such as the one sold to Plaintiff, 6 23, Defendant sold the stove in question to Plaintiff in the normal course of Defendant's business, 24, Any and all damages or losses sustained by Plaintiff as alleged in the Complaint are directly and proximately the result of the breach of expressed and/or implied warranties of merchantability and/or fitness for the particular purpose as set forth in the following: a) The product was not of fair and averalge quality in the trade in which Defendant dealt; and/or b) The product was not fit for the ordinary purpose for which the product was customarily used; and/or c) Defendant knew or should have know that the product was dangerous and likely to cause damage to users; and/or d) The product was not of a merchantable quality and was not in conformity insofar as safety is concerned with the products used in the normal course of business; and/or e) Defendant knew or should have known that Plaintiff was relying on the expertise of Defendant in designing, fabricating, manufacturing, labeling, and/or supplying the produclt in the particular purpose for which the product was required; and/or f) In expressly or impliedly warranting the product was properly and/or adequately tested and inspected and safe for use; and/or g) In providing a product that was not in compliance with the safety standards of the industry; and/or 7 h) In failing to properly repair, modify, or refurbish and/or reweld the product. 25, Any and all damages or loss sustained by Plaintiff are the direct and proximate result of the breach of the express and/or implied warranties as set forth in this Complaint. 26. Plaintiff sustained damage as a result of the breach by Defendant of the express or implied warranties set forth above. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in an amount in excess of $3,231,03, together with any other such relief as this Honorable Court deems necessary, COUNT III - BREACH OF CONTRACT PLAINTIFF v. DEFENDAN1[ 27, The averments of paragraphs 1 through 26 are incorporated herein and made a part hereof as if set forth in full. 28. Plaintiff's insured contracted with Defendant Cumberland Valley Stove and Pellet Company for the purchase of a Whitfield Freestanding Profile 30 pellet burning stove. A true and correct copy of the purchase slip is attached hereto and marked Exhibit "A", 29, Pursuant to the contract, Defendant, for valuable consideration, agreed to provide a pellet stove which was fit for its intended purpose and which would not damage the Plaintiff's insureds' property, 8 30. Defendant breached this contract when it sold a pellet stove that burned more fuel than what was initially represented and which produced an exhaust that damaged and discolored the Plaintiff's insureds' property. 31, Plaintiff sustained damage as a result of the breach by Defendant of the contract set forth above. WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against Defendant in an amount in excess of $3,231,03, together with any other such relief as this Honorable Court deems necessary. Respectfullly Submitted, DATE if //3 fiFI THOMAS, THOMAS & HAFER, LLP Ci i . -'--. ~'~U:JW . ..i-( - ~ McNAMARA, ESQUIRE Attorney I.D. No. 72668 CRYSTAL H, WILLIAMSON, ESQUIRE Attorney I.D. No. 91069 Thomas, Thomas & Hafer LLP Post OffiCl9 Box 999 Harrisbur~l, PA 17108-0999 Attorneys for Plaintiff :281964.2 9 Exhibit A ICAdams 5805 'l - . ClInbsrland Valley Stove & Pell~ CoIoIado Street Extended 1IaIIon, PA 17235 34103 o( ] Jd..Y/ QUANTITY 1 2 3 4 5 6 7 8 9 I 10 11 I 12 13 / 14 15 16 17 <Oaoo. 18 19 20 RECECVED BY DESCRIPTION PRICE AMOUNT /Pn <? ' () i6'D ,...)~? KEEP THIS SLIP FOR REFERENCE ---~ ALAN, CLARKE & ASSOCIATES, lINe. PO BOX 6090 HARR"BURG, PA '7' '2 I~ VERIFICATION I, Robin Halter, duly authorized representative of Farmers' Mutual Insurance Company, hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein am made subject to the penalties of 18 Pa. C,S.A. 4904 relating to unsworn falsification to authorities, '/j//:l,jO'i'_'_ Date ~ c/JukJv Ro in Halter CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, certified mail, postage prepaid, at Harrisburg, Pennsylvania, on the 13th day of April, 2004, on all counsel of record as follows: Cumberland Valley Stove and Pellet Company Colorado Street Extended Marion, PA 17235 Defendants THOMAS, THOMAS & HAFER, LLP -, C) ", ~..: C-::~1 0 co -r' '"'" -" ~,. -l ) -, , ;") f1 ~ -'7 :"""11 -0 ~::~~~ :r..: , ) ) c."-_ r~'.) , , T1 "'j (~) .::~~! -( ~~i --.J FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-207 v. CIVIL ACTION - LAW CUMBERLAND VALLEY STOVE AND PELLET COMPANY, Defendant ORDER OF COURT AND NOW, !)c.f;J..w 27 , 2004, in consideration of the foregoing petition, Vr A-/K~ Esquire,/l~tt,,~) ;r:3~ Esquire, and x1t~ .~ Esquire, are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT: I( 11/ r JI 1. >- cr~ <.... l- ., 1'........ U,....-,.l <..)?;~ ft() ..c ~L: Qb 00: LLIO- :::::'!UJ U-:r 1-' 0_ o I'""'- o N ~ ::.,) o (,) ~t: 0- r- ('J t- U o -.,.. = C:::) c--.I :~;~~~ ~i~~ <.) FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-207 v. CNIL ACTION - LAW CUMBERLAND V ALLEY STOVE AND PELLET COMPANY, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Crystal H. Williamson, Esquire , counsel for the Plaintiffs, Farmers' Mutual Insurance Company, as subrogee of Melvin Seibert and Maxine Seibert, in the above action, respectfully represents that: 1. The above-captioned action is at issue, 2. The claim of the plaintiff in the action is less than the arbitration limit. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Crystal H. Williamson, Esquire or any member of the firm of Thomas, Thomas & Hafer, LLP and William Douglas, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, TH MAS, THOMAS & HAFER, LLP 1W/zJ J{, , stal W williamson, Esquire I.D. No. 91069 305 North Front Street P.O. Box 999 Harrisburg, PAl 71 08-0999 (717) 237-7103 Attorneys for Plaintiff ~~~:l'o/it! JDf CERTIFICATE OF SERVICE i hereby certify that a copy of the foregoing document was served upon the following, by enclosing a true and correct copy in an envelope addressed as follows, postage prepaid: William Douglas, Esquire Douglas Law Office 27 West High Street PO Box 261 Carlisle, P A 17013-0261 THOMAS, THOMAS & HAFER, LLP {ll K1b P JL CrystaiW.~i~~son, Esquire 305 North Front Street P.O. Box 999 Harrisburg, P A 1710 1 (717) 237-7154 , Dated: October 19,2004 ~~ ~ ....... v, . g - -v ........ ~ ~ ~ P- - ~ Crt ~ ( r ; c; C" ,... .~ !:'':';,) C'.,. -"- C~~) :.-1 r ~ f , ~ -j r' , (.) , '1 C) 'I; I 'I ~-" ,} (.' "- FARMERS' MUTUAL INSURANCE COMPANY, as SUBROGEE of MELVIN SEIBERT and MAXINE SEIBERT V. CUMBERLAND VALLEY STOVE AND PELLET COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 04-207 CIVIL TERM IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, November 19, 2004, the appointment of Taylor P. Andrews, Esquire, as chairman of the arbitration panel in thE~ above-captioned matter is vacated, and John Mancke, Esquire, shall be appointed in his stead; Andrew Barbin, Esquire, and Stephen Bloom, Esquire, shall r1emain as arbitrators. John B. Mancke, Esquire Mancke, Wagner and Sprewa 2233 North Front Street Harrisburg, PA 17110 Taylor P. Andrews, Esquire VCourt Administrator By the Court, P.J. >t~ ~) J I ~/ 9 ~ (J 1 -~) 1~,.Lt\:., -1- -, - fl/'- '-- <:in.7 I~) ..I' \J.v , 'J r ~'j iJ1'1 }.f'r1? nut, 'ii.'u(, ,1L, ".:~','-;,-C':'id :iHL ':!Q ~~~~~,l::J~I'J-Oji!=-; , )'V1Jtv~ I TV\ s. c.o. os: 11 rU'JeE:... Plaintiff Cd Vh~uIArvr{ V p..~ve. ~ fe.lle.t CO, De dan! In The Court of Common Pleas of Cumberland County, Pennsylvania No,~- a. 0'7 Civil Action - Law, Oath We do solemnly swear (or affIrm) that we will support, obey and defend the Constitution ofthe United St,ates and the Constitution of this Commonwe~~( d that we will discharge the duties of our office ~th fidehty, /!/r ~~.p).,eY\ \;?JopW\. / . , ,/i ~-5eri-r- '-<-- .,-r /1 r Si ature gna e Signature pavnoe-:; ~-{'-eeJ.. .--s;~",V r<l,^Y\cY-e A",),,,w 0 fA.b,rA :-to 0oc:e:d Name (Chairman) Name Name v,..j -f1A -1 ~D it -c \..7, .~ 'f1.rs (Y> flN<t<e, \iV(1~ ",,,,,,- .... Law Firm -'/00el\l1o V?!?N,8:~ A.ddress ~jj~v~ v:: }7/10 City, ,. Zip ~}~.J W, '3ev,0~ Pt. Law Firm Law Firm ')0'20 f.J...... fi'b.t.. 10} Address Address 1i'~~~:<5b~J P.... /70<)1 City, Zip Zip City, Award We, the undersigned arbitrators, having been duly appointed and sworn (or affmned), make the following award: (Note: If damages for delay are awarded, the shall be separately stated.) \;v'- VJ..-' ~ /1/ . Arbitrator, dissents. (Insert name if applicable,) Date of Hearing: ;,1"$/05 Date of Award: Jt~/oS-- (Chairman) Notice of Entry of Award Now, the ]fLcl day of (Yl '::JAc.1 ,20 00 , at II)! l..{7 ' J1,M" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Arbitrators' compensation to be paid upon appeal: $ :290. ()r) By: Deputy Prothonotary Lor;,'! --l- c.I en, Cory vn:aL'&..cL -/0 /)'/-I-y k:,rlcAJ';J~ It It C~~ ()~ S-icvLc:i ~LLci- (1. (-.'; ~:2'; ,:) 1:._' "-ri L'..~'-1 _,>0", :...:J G) "l':.~" .""", '.~ ," .. .j:- .-.1