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HomeMy WebLinkAbout04-1827 BRYAN SHATIO and HEIDI SHATIO, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. No. 04- Jf).7 CIU\tT~ GLADYS KRUGER and LYNN H. STONER, Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Kindly issue Writs of Summons in the above matter against Defendants Gladys Kruger and Lynn H. Stoner. Date: 4/22/of ~~-:t Attorney 1.0. No. 30102 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) ...--. ( ~ ~ ~ ~ <0. () -J p: ~ ~ 'i J:: - ~ () C .?'" -01.1] tnf~; Z.x Zl" UJ,,'?: -<., !:;=C dtC") ~C) ~c ~ . . ~ ~ C' ~~:D ~ 0' ~~ ~ s;?,;:l.1 O~ ; ~ BRYAN SHATTO and HEIDI SHATTO, Plaintiffs :IN THE COUli~T OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. GLADYS KRUGER and LYNN H. STONER, No. Defendants WRIT OF SUMMONS TO: Gladys S. Kruger 325 Wesley Drive Camp Hill, PA 17011 You are hereby notified that Bryan and Heidi Shatto have commenced an action against you. Date: Prothonotary By: Deputy BRYAN SHAITO and HEIDI SHAITO, Plaintiffs :IN THE COUHT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. GLADYS KRUGER and LYNN H. STONER, No. Defendants WRIT OF SUMMONS TO: Lynn H. Stoner 426 East Elmwood Avenue Mechanicsburg, PA 17055 You are hereby notified that Bryan and Heidi Shatto have commenced an action against you. Date: Prothonotary By: Deputy Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS BRYAN SHATTO AND HEIDI SHATTO Plaintiff Court of Common Pleas Vs. GLADYS KRUGER 325 WESLEY DRIVE CAMP HILL, P A 17011 No. 04-1827 CIVIL TERM In CivilAction-Law LYNN H. STONER 426 EAST ELMWOOD AVENUE MECHANICSBURG, PA 17055 Defendant To GLADYS KRUGER AND LYNN H. STONER, You are hereby notified that BRYAN SHATTO AND HEIDI SHATTO the Plaintiff has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) CURTIS R. LONG Prothonotary Date APRIL 26, 2004 -B.y A,,~~, Deputy Attomey: Name: KARL R. HILDABRAND, ESQUIRE Address: NESTlCO, DRUBY & HILDABRAND, LLP 840 EAST CHOCOLATE AVENUE HERSHEY, PA 17033 Attomey for: Plaintiff Telephone: 717-533-5406 Supreme Court ill No. 30102 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHATTO BRYAN ET AL VS KRUGER GLADYS ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS KRUGER GLADYS was served upon the DEFENDANT , at 1133:00 HOURS, on the 4th day of May , 2004 at 325 WESLEY DRIVE CAMP HILL, PA 17011 GLADYS KRUGER by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.66 .00 10.00 .00 37.66 Sworn and Subscribed to before me this /,;L -t::Ii. day of "1 ~ ..z~c:>~ A.D. 4-u 1."_ . --r'f1<=>.J'~ - /I..,.~ V Proehooota"rr ' CJ So Answers: "r'~~4<~ R. Thomas Kline 05/05/2004 NESTICO DRUBY HILDABRAND By: ~0~ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2004-01827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHATTO BRYAN ET AL VS KRUGER GLADYS ET AL RON KERR , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS STONER LYNN H was served upon the DEFENDANT , at 1525:00 HOURS, on the 3rd day of May 2004 at 426 EAST ELMWOOD AVENUE MECHANICSBURG, PA 17055 NANCY STONER, WIFE by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6,90 .00 10.00 .00 22.90 Sworn and Subscribed to before me this /.;1... ~day of '1(-- .:lDntf A.D. ~J.lv~ 1r~Xry At' 1- So Answers: .rgg::,r."<~ R. Thomas Kline 05/05/2004 NESTICO DRUBY HILDABRAND By: ;!put(~iff F IFl LESIDA T AFlLElDonegaI3050\Current\264, pm I Created 5121/042:58PM Revised: 5/2]/04 3:13PM 3050.264 BRYAN SHATTO and HEIDI SHATTO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-1827 GLADYS KRUGER and LYNN H. STONER, Defendants JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of the Defendants Gladys Kruger and Lynn H. Stoner in the above matter. Issue a rule upon the Plaintiffs to file a Complaint within twenty (20) days from service then:of or suffer judgment of non pros. MARTSON DEARDORFF WILLIAMS & OTTO ByqJ~. Daniel K. Deardorff, Esquire 1. D. Number 17837 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attomeys for Defendants Dated: May 21,2004 Y-A.. RULE AND NOW, this:z'iay of May, 2004, a Rule is issued upon the Plaintiffto file a Complaint within twenty (20) days from service hereof. pro,rl-l- /; CERTIFICATE OF SERVICE 1, Ami J. Thumma, an authorized agent for Martson 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: Karl R. Hildabrand, Esquire NESTICO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, P A 17033 MARTS ON DEARDORFF WILLIAMS & OTTO '. ~VVVW~_ , la Ten East Hi Street Carlisle, PA 17013 (717) 243-3341 Dated: May 21, 2004 r-> c:::> = .,:- ~- -- :..)'~. -"".. /~. -,I "" .r;c- -~ ::"- ;~ --' ~ .... -r::-n fl1p' -nf!-"!. -nY 'C) C) --\-1-, -:1. -~~ (;~t) "'-~ ,0 .", '::;::\ - c;? :;:1. "~ - c....... BRYAN and HEIDI SHATTO, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1827 Civil Term GLADYS S. KRUGER and LYNN H. STONER, Defendants : CIVIL ACTION - LAW TO: Gladys S. Kruger 325 Wesley Drive Apt. 103 Camp Hill, PA 17011 TO: Lynn H. Stoner 426 East Elmwood Avenue Mechanicsburg, P A 17055-4238 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 attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone number - (717) 249-3166 BRYAN and HEIDI SHATTO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-1827 Civil Term GLADYS S. KRUGER and LYNN H. STONER, Defendants CIVIL ACTION - LAW COMPLAINT 1. Plaintiffs Bryan and Heidi Shatto, husband and wife, are adult individuals residing at 1545 Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Gladys S. Kruger ("Defendant Kruger") is an adult individual residing at 325 Wesley Drive, Apartment 103, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant Lynn H. Stoner ("Defendant Stoner") is an adult individual residing at 426 East Elmwood Avenue, Mechanicsburg, Pennsylvania. 4. On or about March 7, 2002, Plaintiffs agreed to purchase real property from Defendant Kruger located at 1545 Spring Road, Carlisle, North Middleton Township, Cumberland County, Pennsylvania. The agreement of sale between Plaintiffs and Defendant Kruger is attached hereto as Exhibit A and incorporated herein as iffully set forth. 5. Defendant Stoner is Defendant Kruger's son, and prior to the parties entering into the agreement of sale for the real property located at 1545 Spring Road, Carlisle, Cumberland County, Pennsylvania, Defendant Stoner had been given Defendant Kruger's power of attomey. 6. At the Plaintiffs' specific requests in and around March 9 - 16, 2002, Defendant Stoner promised Plaintiffs that he would make certain repairs to the residence located at 1545 Spring Road. Carlisle. Cumberland County. Pennsylvania. at Defendant Stoner's own expense in order to ensure that the residence passed an inspection by Plaintiffs' mortgage provider. 7. Such repairs included installing Iightbulbs in some of the recessed lighting fixtures in the kitchen of the residence. 8. The recessed lighting fixtures in the kitchen of the residence located atl545 Spring Road, Carlisle, Cumberland County. Pennsylvania. state in writing on the fixtures not to installlightbulbs in excess of thirty (30) watts. 9. Defendant Stoner placed lightbulbs with wattage in excess of the required limit in some of the recessed lighting fixtures in the kitchen of the residence including the fixture over the desk. 10. Settlement on the property was completed on April 26. 2002, and Plaintiffs moved into the residence at J 545 Spring Road, Carlisle, Cumberland County, Pennsylvania, on or about April 27,2002. II. Plaintiffs did not repair or replace any of the lightbulbs in the aforesaid kitchen lights after taking possession ofthe property. 12. On or about May 7, 2002, at or about 6:00pm, one of the recessed lighting fixtures in the kitchen of the residence located at 1545 Spring Road, Carlisle. Cumberland County. Pennsylvania, overheated due to an excessive and improper wattage Iightbulb and caused a fire in the residence. 13. The fire caused damage to the residence and resulted in a loss to Plaintiffs in the amount of fifteen thousand nine hundred seven dollars and fifteen cents ($15,907.] 5). COUNT I - NEGLIGENCE SHATTO v. STONER ) 4. Paragraphs) .13 hereof are incorporated herein by reference. 15. Defendant Stoner owed a duty to Plaintiffs as an agent of Defendant Kruger and by way of the parties' agreement that Defendant Stoner would make certain repairs to the residence located at 1545 Spring Road, Carlisle, Cumberland County, Pennsylvania, in a careful and workmanlike manner so that the residence would pass inspection by Plaintiffs' mortgagee and be safe for occupancy. 16. Defendant Stoner breached his aforesaid duty to Plaintiffs and was negligent in the following particulars: a. By failing to adhere to the explicit directions contained on the recessed lighting fixtures, which directed use oflightbulbs with a wattage not in excess of thirty (30) watts; b. By failing to properly inspect the lighting fixtures to ascertain the proper wattage lightbulb required before installing lightbulbs; c. By failing to take other reasonable steps to ascertain the appropriate and safe size and wattage of replacement Iightbulbs before undertaking to replace Iightbulbs in the aforesaid fixtures; d. By representing expressly and impliedly that he would make, and did make, repairs to said lights in a reasonable and workmanlike manner; and e. By failing to exercise that degree of care. caution, and skill reasonably required under all the circumstances. 17. The aforesaid fire and resultant damage to the residence located at 1545 Spring Road. Carlisle. Cumberland County, Pennsylvania, was caused solely, proximately, and/or substantially by Defendant Stoner's aforesaid negligence. 18. As a direct result of the aforesaid negligent conduct of Defendant Stoner, Plaintiffs' residence located at 1545 Spring Road, Carlisle, Cumberland County, Pennsylvania, was significantly damaged by fire and required repairs in the amount of $15,907.15, which include but are not limited to the following: a. fire and water damage to kitchen ceiling; b. fire and water damage to kitchen wall; c. water damage to kitchen floor; d. fire and water damage to wall of attached garage; e. fire and water damage to ceiling of attached garage; f. fire and water damage to furniture and personal property; g. water damage to laundry room ceiling; h. water damage to laundry room floor; and i. water damage to basement ceiling. WHEREFORE, Plaintiffs seek damages from Defendant Stoner in the amount of fifteen thousand nine hundred seven dollars and fifteen cents ($15,907.15) plus interest, costs of suit, and damages for delay. Said amount is within the limits for compulsory arbitration in Cumberland County, Pennsylvania. COUNT II - NEGLIGENCE SHATTOv. KRUGER 19. Paragraphs ]-]8 hereof are incorporated herein by reference. 20. At all relevant times to Plaintiffs' Complaint, Defendant Stoner was aCling by and on behalf of Defendant Kruger within the scope and course of the power of attorney given to him by Defendant Kruger. 21. As the owner and seller of the property. Defendant Kruger owed Plaintiffs a duty to make repairs to the residence located at 1545 Spring Road. Carlisle. Cumberland County, Pennsylvania. in a careful and workmanlike manner in order that the property would be safe for occupancy. 22. Defendant Kruger breached the aforesaid duty to Plaintiffs and was negligent in the following particulars: a. By failing to make repairs at the property in a careful and workmanlike manner so that the residence would be safe for occupancy; b. By allowing Defendant Stoner to effect repairs to the residence, which were not completed in a careful and workmanlike manner in so far as Defendant Stoner installed lightbulbs in the recessed lighting in the kitchen of the residence of wattage higher than recommended on the lighting fixtures; c. By failing to properly inspect the lighting fixtures to ascertain the proper wattage lightbulb required before installing lightbulbs; d. By failing to take other reasonable steps to ascertain the appropriate and safe size and wattage of replacement lightbulbs before undertaking to replace Iightbulbs in the aforesaid fixtures; and e. By failing to exercise that degree of care. caution. and skill reasonably required under all the circumstances. 23. As a direct result of the aforesaid negligent conduct of Defendants, Plaintiffs' residence located at 1545 Spring Road. Carlisle. Cumberland County, Pennsylvania. was significantly damaged by fire and required repairs as set forth above. WHEREFORE. Plaintiffs seek damages from Defendant Kruger in the amount of fifteen thousand nine hundred seven dollars and fifteen cents ($ 15.907.15) plus interest. costs of suit. and damages for delay. Said amount is within the limits for compulsory arbitration in Cumberland County. Pennsylvania. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP Date: b /~/D( z:[?4~ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorney for Plaintiffs VERIFICATION 1, Bryan Shatto, verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 134904 relating to unsworn falsification to authorities. Date: s-j7/0'-( B-:}d:l1ttr VERIFICATION I, Heidi Shatto, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 134904 relating to unsworn falsification to authorities. Date: b~7-{)1 /10 {iJ,( 1(3fo1k> ~Ii Shatto CERTIFICATE OF SERVICE !, Karl R. Hildabrand, Esguire of the law firm Nestico, Druby & Hildabrand, LLP, on this i day of June 2004, hereby certify that I served a true and exact copy of the foregoing document as follows: By First Class Mail. Postage Pre-paid: Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 NESTICO, DRUBY & HlLDABRAND, L.L.P. BY~??~ Karl R. Hildabrand AGlt'REMENT OF SA-T.E THIS AGREEMENT, entered into as of this '7ii" day of /)"a-'u:: "- 2002, by and between GLADYS S. KRUGER, of 325 Wesley Drive, Apt. 103, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter called "Seller"); and BRYAN K. SHATTO and HEIDI R. SHATTO, of 422A Franklin Street, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter called "Buyers"). ~ACKGROUND Seller desires to convey to Buyers all that certain tract or parcel of land, situate in North Middleton Township, Cumberland County, Pennsylvania, being more particularly described as 1545 Spring Road, Carlisle, Pennsylvania, together with the improvements located thereon, which parcel of land and improvements are hereinafter collectively referred to as the "Property", Buyers desire to purchase the Property. NOW THEREFORE, with intent to be legally bound, Seller and Buyers hereby agree and covenant as follows: 1. Sale and Purchase. Subject to the terms and conditions of this Agreement, Seller agrees to convey to Buyers and Buyers agree to purchase the Property. 2. Title. The Property shall be conveyed to Buyers by Seller's special warranty deed, conveying good and marketable title, free and clear of all lines, and subject only to such easements, restrictions as may affect the Property on the date hereof. The quality of title to be conveyed is such title as will be insurable by a reputable title insurance company at regular rates. It is expressly agreed, however, that if Seller is unable to deliver the quality of title required herein, Buyers' sole option shall be to accept such title as Seller can deliver without reduction in purchase price, or to terminate this Agreement with the prompt retum of deposit money, and neither party shall have any further liability or obligation to the other hereunder. 3. Settlement. Settlement herein shall take place on or before April 30, 2002, at the Law Office of Murrel R. Walters, III, Esquire, S4 East Main Street, Mechanicsburg, Pennsylvania. 4. Mortgage Contingency. This Agreement is contingent upon the ability of Buyers to obtain a VA mortgage in the amount of $102,000.00. Buyers shall immediately apply for that mortgage. S. Inspections. Buyers shall promptly order and pay for a wood destroying insect inspection. If there are any damages, the parties shall negotiate the financial responsibility for performing any treatment or repairs. Buyers shall order and pay for a septic inspection. If there are any damages, the parties shall negotiate the financial responsibility for those repairs. In the process of obtaining a Veterans Administration mortgage, a whole house inspection will be performed. Buyers will be responsible for any costs involved with that inspection. If any repairs or modifications to the residence are required as a result of that inspection, then Buyers and Seller will discuss the financial responsibility of each for such repairs. In the event that an agreement cannot be reached as a result of the termite, septic or V A inspection, either party retains the right to cancel this agreement. 2 6. Possession. Possession of the Property shall be delivered to Buyers at the time of settlement. 7. Purchase Price. The purchase price for the Property shall be One Hundred Thousand Dollars ($100,000.00). 8. Adjustments. Real estate taxes, water, sewer and other current lienable charges, if any, shall be apportioned as of the date of settlement on the basis of the fiscal year of the taxing body. Buyers shall be responsible for any benefit assessments assessed or levied against the Property subsequent to the date of this Agreement. 9. Realty Transfer Tax. Buyers and Seller shall divide equally the payment of any realty transfer taxes required to be paid as a result of the conveyance set forth herein. 10. Default. Should Buyers default or fail to fulfill and perform any of the terms or conditions of this Agreement, at Seller's election, Seller may declare this Agreement null and void and retain the deposit money previously paid as liquated damages, or bring suit for breach of contract or bring suit for specific performance. Should Seller default or fail to fulfill any of the terms or conditions of this Agreement, at Buyers' option, Buyers may declare this Agreement null and void and the deposit money shall be returned forthwith to Buyers, and Seller shall reimburse Buyers for all costs of title search, title insurance, attorney's fees, appraisal fees, mortgage application fees, credit report fees, and any other fees incurred by Buyers in conjunction with the anticipated purchase of the Property. 3 11. Eminent Domain. If any portion or all of the property is subject to eminent domain or similar proceedings by any governmental entity having jurisdiction over the Property, the parties shall nevertheless proceed to settlement without reduction in the purchase price and Buyers shall receive the entire award for such taking. 12. Risk of Loss. Risk of loss of the Property and any improvements thereon shaH be borne by SeHer until the time of Settlement. 13. Brokers. Each party represents and warrants to the other that it has not contracted with any real estate broker or similar person with respect to this Agreement, and that no brokerage commission is due to anyone in connection with this sale. Any party violating this representation and warranty shall indemnify and hold the other party harmless against any expenses, including attorney's fees, incurred as a result of such violation. 14. Notices. All notices hereunder shall be by registered or certified mail, return receipt requested, addressed to the parties at the addresses set forth below. Either party may change its address for purposes of receiving notice, by notice to the other. rfto SeHer: Gladys S. Kruger, 325 Wesley Drive, Apt. 103, Mechanicsburg, Pennsylvania 17055. If to Buyers: Bryan K. Shatto and Heidi R. Shatto, 422A Franklin Street, Carlisle, Pennsylvania 17013, with a copy to Murrel R. Walters, Ill, Esquire, 54 East Main Street, Mechanicsburg, Pennsylvania 17055-3851. 15. Personal Property. This sale includes all heating, cooling, plumbing and electrical systems including all components thereof. 4 16. Miscellaneous. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Buyers may not assign this Agreement without the prior consent of Seller, which consent may be withheld in Seller's sole discretion. (b) This Agreement shall not be amended or modified except by a written agreement signed by the Seller and Buyers. (c) This Agreement contains the entire understanding between the parties and any representations, undertakings or agreements of any kind are superseded by the provisions of this Agreement. (d) This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. (e) Neither party may record this Agreement or any memorandum hereof. Any violation of the preceding sentence shall be of the essence of this Agreement and shall immediately provide Seller with the right to terminate this Agreement, in addition to all other remedies available to Seller. (t) Time is hereby declared to be of the essence of each and every provision of this Agreement. 5 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. .t.'.~, ,",' /"') Witllfss ;/ /~--- )7") u.;j-+JJ-I !} II ~ uA/ Witness r,) (,4;, J (L/ /;:;u:;..d..<>f, <f<'1' ,J. /1..rt"--<1r:-V GLADYS S. KRUGER, Seller / ?' 'J - oJ ,? - '7 r1 ,1 J' Social Security Number -t<~ ~ JtA.~ BR~~ K. SHATTO, Buyer / ~ c,.t~ "-3..l4<O Social Security Number \ \, C' 'j'f-\ ( ,s-l (t\~_\0~t' ?\l\ ~/~ HEIDI R. SHATTO, Buyer 38qIL)~q9 Social Security Number 6 ., C') , .-j , . r.:, F:IFILESIDA T AFILE\Donega13050\CurreJ1tI264, ans 1Ilde Created: 5121/04 2;58PM Revised: 6/17/04 4:51PM 3050,264 BRYAN SHATTO and HEIDI SHATTO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-1827 GLADYS KRUGER and LYNN H. STONER, Defendants JURY TRIAL DEMANDED DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MATTER TO: BRYAN SHATTO and HEIDI SHATTO, Plaintiffs, and their attomey, KARL R. HILDABRAND, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU. 1-5. Admitted. 6. Denied as stated. It is admitted that Defendant Stoner, at the request of Plaintiffs, made certain repairs and replaced a light bulb in the recessed lighting fixture in the kitchen. It is further denied that said repairs were done in order to ensure that the residence passed inspection. Proof thereof is demanded. 7. Denied as stated. It is admitted that one repair included replacing a light bulb in the kitchen. 8. Denied. After reasonable investigation, Defendants do not have sufficient information to admit said averment. Proofthereofis demanded. 9. Denied as stated. Defendant Stoner replaced a light bulb in the kitchen that had bumed out. The bumed out light bulb was a 60 watt light bulb and! Defendant Stoner replaced it with a 40 watt light bulb which worked. It is denied that Defendant Stoner knew or had reason to know that the lighting fixture allegedly required a light bulb not in excess of 30 watts. Proof thereof is demanded. 10. Admitted. 11-13. Denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. COUNT I - NEGLIGENCE 14. Paragraphs 1-13 of this Answer are incorporated herein by reference. 15-18. Denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. Proof thereof is demanded, WHEREFORE, Defendants demand that the Plaintiffs' Complaint be dismissed. COUNT II 19. Paragraphs 1-18 of this Answer are incorporated herein by reference. 20-23. Denied pursuant to Rule 1029 (e) of the Pennsylvania Rules of Civil Procedure. Proof thereof is demanded. WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed. NEW MATTER 24. The residence referred to in the Complaint was constructed by Defendant Kruger's husband in the 1970s, and contained the original wiring and fixtures. 25. Plaintiffs agreed to purchase said residence "as is." 26. Defendant Stoner replaced the aforesaid light bulb at the request of Plaintiffs. 27. When Defendant Stoner replaced said burned owl light bulb in the kitchen's recessed lighting fixture, he noticed that the light bulb which had bumed out was a 60 watt light bulb. He replaced it with a 40 watt light bulb. Defendant Stoner saw nothing on this fixture to indicate the safe size or wattage of light bulb to be used. The other light bulbs that were in the other recessed fixtures were in the range of 50 - 60 watts. 28. After Defendant Stoner replaced said light bulb., it operated fine and was observed to work properly by Plaintiff Heidi Shatto. 29. Plaintiffs accepted and ratified the replacing of said light bulb by Defendant Stoner. 30. After Defendant Stoner replaced said light bulb" Plaintiffs' inspector inspected the house and accepted and ratified the replacement of the light bullb by Defendant Stoner. 31. Defendant Stoner remained in the house after the replacement of the light bulb and it worked properly, 32, Plaintiffs' cause ofaction is barred by the statut'l oflimitations. 33. Plaintiffs' cause of action is barred because they authorized, accepted and ratified the replacement of the light bulb made by Defendant Stoner. 34. Plaintiffs' Complaint fails to state a cause of action against Defendants. WHEREFORE, Defendants demand that Plaintiffs' Complaint be dismissed. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO V)Jk By Daniel K. Deardorff, Esquire 1. D. Number 117837 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attomeys for Defendants Dated: June 18, 2004 VERIFICATION The foregoing Defendants' Answer to Plaintiffs' Complaint with New Matter is based upon information which has been gathered by my counsel in the preparation ofthe 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 1 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, 1 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 unswom falsification to authorities, which provides that if 1 make knowingly false averments, I may be subject to criminal penalties. F:\FILES\DA T AFI LElDonegaI3050\Currenl\264,ans 1 c ~ -. CERTIFICATE OF SERVICE 1, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & 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: Karl R. Hildabrand, Esquire: NESTlCO, DRUBY & HILDABRAND, LLP 840 East Chocolate Avenue Hershey, PA 17033 MARTSON DEARDORFF WILLIAMS & OTTO By AmiJ. Th ,a . ' Ten East Hlg ,Street Carlisle, PA 17013 (717) 243-3341 Dated: June 18,2004 0 ...., ~ = C.- c, ~~- .r- --l -;:, ~~ j <:.- I -r, i't:.. ~ r-11f-::' , -n~ QC~, -0 -~ OJ () Ll :.:JS-'f, ~- i_ -co :;...:;~ "'" <_J :7. 3: -;7 j> ~~:: ~O C~ ,- J.':~ ~D ~ W "" - BRYAN and HEIDI SHATTO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. DOCKET NO. 04-1827 Civil Term GLADYS S. KRUGER and LYNN H. STONER, Defendants CIVIL ACTION - LAW PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER 24. Denied. Plaintiffs are without knowledge or information sufficient as to form a belief as to the truth of the averments set forth in paragraph 24, and the averments are therefore denied. 25. Denied. Paragraph 25 states a conclusion of law to which no answer is required, and the averments are therefore denied. Furthermore, the contract speaks for itself. 26. Denied. Upon joint inspection between Plaintiffs and Defendant Stoner and the noting of certain deficiencies in the property, Defendant Stoner offered to make certain repairs and replace bumed out light bulbs in the premises. The light bulb in question was one of those light bulbs. 27. Denied. Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant Stoner noticed the burned-out bulb was a 60- watt light bulb and he replaced it with a '!O-watt light bulb, and the averments are therefore denied. Furthermore, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the averment that Defendant Stoner saw nothing on the fixture to indicate the safe size or wattage of light bulbs to be used, and said averments are therefore denied. However, it was clearly stamped on the light fixture in question that no bulbs in excess of 30 watts should be utilized, and if Defendant Stoner saw nothing on this fixture to indicate the safe size or wattage of the light bulb to be used, he was negligent thereby. It is specifically denied that "the other light bulbs that were in the recessed fixtures were in the range of 50-60 watts," and strict proof is thereby demanded. 28. !k!!i!I!l.. The averments of paragraph 28 are specifically denied, and strict proof thereof is demanded at trial. On the contrary, the excessive wattage bulb caused the fire as more specifically alleged in Plaintiffs' Complaint. 29. Denied. The averments of paragraph 29 are specifically denied and strict proof thereof is demanded. Plaintiffs simply relied upon Defendants to safely and reasonably replace the bumed out light bulbs in question. 30. Denied. The averments of paragraph 30 are specifically denied and strict proof thereof is demanded at trial. 31. Denied. It is specifically denied that Defendant Stoner "remained in the house after the replacement of the light bulb and it worked properly" after the property was sold to Plaintiffs. Plaintiffs have no knowledge regarding Defendant Stoner's actions prior to the date of settlement. 32. Denied. The averments of paragraph 32 state a conclusion of law to which no response is required, and the averments are therefore denied. 33. Denied. The averments of paragraph 33 state a conclusion of law to which no response is required, and the averments are therefore denied. 34. Denied. The averments of paragraph 34 state a legal conclusion to which no response is required, and the averments are therefore denied. Date: 7-.1- t1'1 Respectfully submitted, NESTICO, DRUBY & HlLDABRAND, L.L.P. ~~&~~G~ ,~ Karl R. Hildabrand I Attomey J.D. No. 30102 840 E. Chocolate Avenue Hershey, P A 17033 (717) 533-:5406 Telephone (717) 533-5717 Fax Attomey for Plaintiffs VERIFICATION I, Bryan Shatto, verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, infom,ation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 94904 relating to unsworn falsification to authorities. Date: IJ~ I By: /~ VERIFICATION I, Heidi Shatto, verifY that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Do<, ~'I By:_rd/It/' ~~/J~ Heidi Shatto , . CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Nestico, Druby & Hildabrand, LLP, on this .J. ~ day of J+004, hereby certifY that I served a true and exact copy of the foregoing document as follows: Bv First Class Mail, Postae:e Pre-paid: Daniel K Deardorff,' Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 E. High Street , Carlisle, PA 17013 NESTICO, DRUBY & HILDABRA.,ND, L.L.P. Bk':aQ~~~ Karl R. Hildabrand 2 -",.. , , "-., c.' c:: Z -4 -c ~ <=> $" <- C .- , CO -0 :; ~ 'i! ..,,~ :gQ Ot') ~j\f, .J....-n (;\~ ~~;; :.:< (...) \.D BRYAN SHATTO and HEIDI SHATTO, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1827 CIVIL 2004 v. GLADYS KRUGER and LYNN H. STONER, Defendants RULE 1312-l. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO mE HONORABLE, THE JUDGES OF SAID COURT: Daniel K. Deardorff, Esquire respectfully represents that: 1. Th~ above-captioned action (or actions) is (are) at issue. 2. The claim ofthe plaintiff in the action is $ 15,907. 15 The counterclaim of the defendant in the action is N / A , counsel for thelilllillllff/defendant in the above action ~Kij. ---' The following attorneys are interested in the ease(s) as counselor are otherwise disqualified to sit as arbitrators: Karl R. HiIdabrand, Esquire, NESTleO, DRUBY & BILDABRAND and Daniel K. Deardorff, Esquire, MARTSON DEARDORFF WILLIAMS & OTTO WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom lhe case shall be submitted. if:rtll suhmitt~. Daniel K. Deardo ,Esquire ORDER OF COURT AND NOW, . 19_, in consideration of the Esq., , Esq., are appointed arbitrators in the above captioned action (or foregoing pelition. Es'l.. and actions) as prayed for. By the Court, PJ. () ....> c: = ~ (::::;:I ~ ":,- "'" 7'::) ---~ ----r-: 0 ~-n ::W:. y, C':' -i rnp-..; \) -om ~ N >, 'l? 0 -, ~ ~ ~ _~;J~~} oS> """ ,S.\. -.';~ ';3f-~ ~ "" -C: - , >,:;;-n1 If? -' ...0 0 ~ ::z,! U\ CO ~J -<. ?, :::F.$ . BRYAN SHATTO and HEIDI SHATTO, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : No. 04-1827 2004 GLADYS KRUGER and LYNN H, STONER, Defendants PRAECIPE TO THE PROTHONOTARY: Kindly mark the above action discontinued without prejudice. NESTICO, DRUBY & HILDABRAND, LLP Date: !/ /;'/0\ I { ~<;;.?~~~~?~,~ 1---:- Karl R, Hildabrand, Esquire ' Attorney LD. No. 30102 Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) . ~ CERTIFICATE OF SERVICE AND NOW, this ~ day of November, 2005, I, Karl R, Hildabrand, Esquire, of the law firm Nestico, Druby & Hildabrand, LLP, hereby certify that I served a true and exact copy of the foregoing document upon the following persons and in the following manner: Bv First Class Mail, Postae:e Pre-paid: Daniel K. Deardorff, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO 10 E. High Street Carlisle, PA 17013 NESTICO, DRUBY & HILDABRAND, L.L.P. By't~~2c:b~-r~- Karl R. Hildabrand ,-~ r () r-' 0 ~ C c:.~ "i1 d' ..- .--\ , C~ :J: -'Q {"'Il (~- -4 rl" ~J C,:J -' (,,)~ (1 -\) ~O-'~ , -,'. t) c, () in c r;? __I /~: ~]; ::."- s:- - -'" ----