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HomeMy WebLinkAbout01-2990ESTATE OF RICHARD N. HEFFNER, Plaintiff IN~a~OORX CUMBERLAND COUNTYi PENNSYLVANIA VS. DANIEL J. STIMELING, JR. NORA A. STIMELING, Defendants and t ~lOi S 2001 IN ASSUMPSIT days after thi~ Compl~i.~ ~d Notic~ ~t~ defenses'or objections tO the claims k~t f~th that if you fail to ~ so %h~ cas{ ma~ prockk~ . YoO may lose money or property ox othit YOU sHo~ T~ ~iS P~ER ~ Y~a A ~ER OR ~OT ~0~ ONE{ ~ ~ OR COURT ADMINISTRATOR 3r~ Floor - Cumberland County Courthouse Carlisle, PennsylvanLa 17013 Telephone: - NOrlclA - de plazo al pirttr de la fecha 6e la dem~l~cLt.p li'hotiftelci~fl, b,i~d debe de sU persona. Sea ~visddo qUe Si Us~d hO Se de£ie~dei , , Il Cozt~ tom&ri medi y pUede entrar tina Orde. contra us~ed sift Pre~i0 &vti6,u, .oti£~Clct&n y pot dak& cualqutr queJa o al{rio q~e ks pedidd e~ t& peticiBu d~ i~mtmdi; ~{ted pUede perder dtnero o sus Propiedades 0 ottos detechos impoxt&iltea.paxa ~s%bd, LL~ ~R ~LamsO AM I ~ ~RITA~o p~ A~RIGUAR ~NDE SE ~E ~NS~UIR~Is~cIA~I Court Administrator 3rd Floor - Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 717-697-0371 ttotne~ fo~ Plaintiff (717-236-~1~1 ESTATE OF RICHARD N. HEFFNER, Plaintiff VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN ASSUMPSIT COMPLAINT AND NOW, comes the above mentioned Plaintiff, by its lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg- ment against the said Defendants in the sum of Two Thousand Five Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with legal interest thereon from January 8, 2001 and costs of suit, upon a certain cause of action, whereof the following is a state- ment: 1. The Plaintiff is the Estate of Richard N. who died testate on July 14, 2000, in which he named Heffner, Diana Shreve, Executrix and who to Proceedings No. 2000-00602 in the Office of Register of Wills of Cumberland County, Penn- sylvania, who qualified as the Executrix of the said Estate. The said Executrix resides at 15 Mimosa Drive, Mechanicsburg, Pennsylvania 17055. 2. The Defendants are adult individuals, residing at 112 Hampden Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. By virtue of the attached Exhibit "A" made to the said Executrix, Diana Shreve, both Defendants have pur- operate a certain furnace installation and repair ported to service. 4. The Plaintiff, is the lawful owner of the said real estate situate at 227 Dauphin Street, Enola, Cumber- land County, Pennsylvania. 5. That on or about said Richard N. Heffner was living, July 6, 2000, while the engaged the Defendants to remove the furnace at 227 Dauphin Street, and provide a new gas furnace and install it in good working condition; and provide the proper installation and workmanship; which the Defendants, through said Daniel J. Stimeling, Jr. agreed to do. 6. The Defendants through Daniel J. Stimeling, Jr. agreed to provide the following labor and materials, pursuant to the Plaintiff's oral request, together with the cost of the same, as more particularly set forth in Plaintiff's Exhibit "B", a true and correct copy of which is attached hereto and made a part hereof; in which initially the materials were to cost $2,500.00 and the labor in the amount of $1,500.00, or an initial total of $4,000.00; for which $2,500.00 was paid on account, with the sum of $1,500.00 to be paid upon completion of the said work. - 2 - 7. The said Richard N. Heffner, died July 14, 2000 and the Defendants had also contracted and agreed with the said Richard N. Heffner to replace an old fuse box, with a new box supplied by the Plaintiff, and in which parts and labor were an additional $250.00. The said $4,000.00 was paid on July 29, 2000, the receipt of which was acknowledged by the initialing of the said Daniel J. Stimeling, together with the $250.00. 8. That additionally, the Defendants were engaged to provide extra duct work for the bathroom and dining room in the said property, for which the parts and labor were $250.00 and for panel electric service, parts and labor of $350.00, for a total of $600.00 for the additional work; of which $300.00 was paid on account and the balance of $300.00 paid on the date of August 18, 2000. 9. On or about October, 2000, , Diana Shreve, Executrix observed that the furnace installation appeared to be defective and was not operating or performing as had been requested and contracted for. 10. That the Plaintiff then engaged Mr. Greg Sgrignoli, of 307 College Hill Road, Enola, Pennsylvania 17025, who operates a heating and plumbing business; and was advised under date of October 23, 2000, that the following defects, as set forth in Plaintiff's Exhibit "C" appeared from the defective workmanship of the Defendants, which is more particularly identi- - 3 - fied in Exhibit "C" hereof. 11. incorporated by reference and made a part That the Plaintiff under date of January 4, 2001 received Plaintiff's Exhibit "D" which identifies material and labor to bring the chimney up to the National Gas Code, for a total of $770.07 and to replace the duct ducts properly with material of $589.58 and for a total of $2,559.65. system and connect labor of $1200.00, 12. Under date of January 8, 2001, demand for the payment of $2,559.65 was made upon the Defendants, a true and correct copy of which is set forth in Plaintiff's Exhibit "E", which is attached hereto and incorporated by reference. 13. That despite the said demand for payment, the Defendants have failed to pay the same. 14. The matters complained of in the preceding paragraphs, incorporated by reference, also constitute a breach of an implied warranty of fitness for purpose intended; i.e. that all work contracted for would not be defective and be performed in a reasonable, workmanlike manner, so all materials and labor would properly function for each item provided. WHEREFORE, the Plaintiff demands judgment in the sum of $2,559.65, together with legal interest thereon from January 8, 2001 and the costs of suit be entered in favor of the Plain- tiff and against the said Defendants. The said demand is within the Cumberland County Rules of Civil Procedure, that require compulsory arbitration. Dated: April 24, 2001 Respectfully submitted, · to ~;yKr rf~lg~i~.?~f~A~re ~2~9~i Nor~Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 - 5 - I:.lll.:lll::.hl.l,l,:,hll PLAINTIFF'S EXHIBIT "A" # 2~oo.o' RoOd ~tS o.°~ PLAINTIFF'S EXHIBIT "B" Photm: ?~-8t4i FAX: ~ i94~ Monday, October ~, 2000 Diane 8hreve 16 Mimosa Dr After checking the Ilirnace lnstnlatlon ,a! ~ Dauphin St,l have made a l~t o~ proble~ ! ~und. I Chimney was not lin~ as ~r natlon~ gas ~o 2 4 inch smoke pipe was Jmt stuck Mto old smoke pl~. ~ 9 inch flex duct hook~ to 8 ~ch ~,flex duc~ just k~p ~ing off. 4 No duct work w~ ru~ J~t a b~ ~x ~r ~t~n ~d supply 5 ~ex duct Just l~sely hanging all over tbe basement O~g Sgrlgnoli PLAINTIFF'S EXHIBIT "C" Thursday, January 4, 2001 Diana Shreve 15 Mimosa Dr Mechanlcsburg,Pa 17055 Dear Diana As per our conversallon, here is an estimate to bring things up to a mfe operating and effielenl system. To line the chimney up to the national gas code. material $20O.07 labor 848o.0o total $770.o7 To replace the duct system and connect ducl~ properly material t58938 labor $120o.0o tolal $178938 Greg Sgrlgnoll PLAINTIFF'S EXHIBIT "D" ATTORNEY-AT-LAW HARRtSBU~G,P~NH~YLVAHIA lTtlO. 128t January 8, 2001 Mr. & Mrs. Daniel J. Stimeling, 112 Hampden Avenue Camp Hill, Pennsylvania 17011 Jr. In Re: Estate of RICHARD N. HEFFNER Work performed at 227 Dauphin St. Dear Mr. & Mrs. Stimeling: My client, Diana Shre~e, Executrix of the Estate of Richard N. Heffner, alleges that the furnace installation at 227 Dauphin Street, Enola, was defective; and that allegedly you refused to return to make the corrective repair work. As a result of this, she was required to engage Sgrignoli Heating and Air Conditioning to have the corrective work done. Enclosed is a copy of the findings of Sgrignoli }{eating and Air Conditioning that identifies the defective work that had to be corrected. Also, enclosed is statement of Greg Sgrignoli's charges to have the work done~ in the total sum of'$2,559.65. Accordingly, unless your check for $2,559.65 is received in my office on or before January 19, 2001~ legal action will be required to be filed to collect the sam~. Please mark your records accordingly. Very truly yours~ JJK/sls Enclosures cc: Mrs. Diana Shrev~ John J. Krafsig, Jr. PLAINTIFF'S EXHIBIT "E" VERIFICATION to wit, this 'Wl~)~ day of-~/;/~ AND NOW, 2001, I, Diana Shreve, Executrix of the Estate of Richard N. Heffner, deceased, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Complaint, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Diana Shreve, Executrix of the Estate of Richard N. Heffner . SHERIFF'S RETURN - CASE NO: 2001-02990 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEFFNER RICHARD N ESTATE OF VS STIMELING DANIEL J JR ET AL REGULAR DEP DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STIMELING DANIEL J JRthe DEFENDANT , at at 112 HAMPDEN AVE 1938:00 HOURS, on the 23rd day of ~ay CAMP HILL, PA 17011 NORA STIMELING by handing to a true and attested copy of COMPLAINT & NOTICE IN ASSUMPSIT together with 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 7.44 Affidavit .00 Surcharge 10.00 .00 35.44 Sworn and Subscribed to before me this 3~ day of '~. ,:2.~ ( A.D. ' ,~rofhono[~y ' ~ So Answers: R. Thomas Kline 05/24/2001 JOHN J. KRAFSIG,JR. Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-02990 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEFFNER RICHARD N ESTATE OF VS STIMELING DANIEL J JR ET AL DEP DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon STIMELING NOP~A A the DEFENDANT , at 1938:00 HOURS, on the 23rd day of May at 112 HAMPDEN AVE , 2001 CAMP HILL, PA 17011 NORA STIMELING a true and attested copy of IN ASSUMPSIT by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 3~ day of A.D. ~ ~rothonotary So Answers: R. Thomas Kline 05/24/2001 JOHN J.KRAFSIG, JR. Deputy Sheriff ESTATE OF RICHARD N. HEFFNER PLAINTIFF VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, ROD MACE DEFENDA/NTS AND THIRD-PARTY PLAINTIFFS VS. THIRD-PARTY DEFENDANT : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : : NO. 01-2990 CIVIL TERM : IN ASSUMPSIT NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 2 Liberty Avenue Carlisle, PA 17013 (717)249-8787 OR (800)990-9108 N O T I C I A Le hah demandado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demands y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN A~ODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTHA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-8787 OR (800)990-9108 stlmeling\third party complaint ESTATE OF RICHARD N. HEFFNER : PLAINTIFF : VS. : : DANIEL J. STIMELING, JR. and : NORA A. STIMELING, : DEFENDANTS AND : THIRD-PARTY : PLAINTIFFS : VS. : ROD MACE : THIRD-PARTY : DEFENDANT : THIRD PARTY COMPLAINT AGAINST ROD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT MACE AS AN ADDITIONAL DEFENDANT 1. On May 17, 2001, The Estate of Richard N. Heffner filed a complaint against Daniel J. Stimeling, Jr. and Nora A Stimeling. Said complaint is attached hereto as Exhibit 2. The response of Daniel J. Stimeling, Jr. and Nora A. Stimeling to said complaint is attached hereto as Exhibit 3. Defendants and third-party Plaintiffs maintain that neither themselves or third-party Defendant are liable to Plaintiff. 4. Alternatively, in the event it is determined by the Court that liability exists, Defendants and third-party Plaintiffs maintain that third-party Defendant is solely liable to the Plaintiff on Plaintiff's cause of action. 5. Alternatively, in the event the Court places any of the liability on third-party Plaintiffs, then to that extent, third-party Defendant is liable over to third-party Plaintiff. 6. At all relevant times, third-party Defendant was an independent contractor retained by third-party Plaintiffs to remove Plaintiff's existing furnace and provide to Plaintiff a new gas furnace and install it in good working condition in a workmanlike manner. 7. It was third-party Defendant who provided to Nora A. Stimeling the information contained in Exhibit UA" of Plaintiff's complaint. 8. It was third-party Defendant who prepared Exhibit attached to Plaintiff's complaint. 9. It was third-party Defendant who arranged with Plaintiff to do work on the old fuse box. 10. It was third-party Defendant who negotiated with Plaintiff's son to do the duct work referred to in Exhibit UA" of Plaintiff's complaint. 11. It was third-party Defendant who did all of the duct work in Plaintiff's house and referred to in Exhibit ~C" and elsewhere in Plaintiff's complaint. WHEREFORE, in the event it is determined by the Court that liability exists, third-party Plaintiffs request that liability be placed solely upon third-party Defendant or alternatively, in the event the Court places any of the liability on third-party Plaintiffs, then to that extent, third-party Plaintiffs request that third-party Defendant be held liable over to third-party Plaintiff and that judgment be entered against third-party Defendant and in favor of third-party Plaintiff for the amount of that liability. YOFFE/ YOFFE, P.C.J //~F~EY~. YOFi~, ESQUIRE ~"Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stimeling~third party complaint VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing complaint to join an additional Defendant are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Dated: ESTATE OF RICHARD N. HEFFNER PLAINTIFF VS. DANIEL J. STIMELING, JR. and NOR_AA. STIMELING, DEFENDD~NTS A_ND THIRD-PARTY PLAINTIFFS VS. ROD MACE THIRD-PARTY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the Third-Party Complaint on John J. Krafsig, Jr., Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 Date: YOFFE & YOFFE, P.C./ /~E~F~kYt/Attorney~o~O~in~IRE 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 stimeling\cert svc EXHIBIT "A" ESTATE OF RICHARD N. HEFFNER, Plaintiff VS. CUMBERLAND c~9iL Au~zu.-LAW DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants ~ IN ASSUMPSIT S 2001 FIHD OUT ~IERE ~oU ~ ~B~ L~.II~F; i~ 3rd Floor COURT ADMINISTRATOR COPY FROM RECOR~Flevh°ne: Tvlkno~¥ whe~eel, I h~e unto set my han~ - Cumberland County Courthouse Carlisle, Pennsylvania 17013 TeIephone: 717-697-0371 )6/~.~~ ttOtlt~ fO~ Pl~tntl~f {717-226-~lltUt de sO pezso.a. SeA ~vlsd~ qtl~ ~t Us~ ltd b~ LI.~IE ~R ~ELEFONO A ~ Y I ~u~l~ 3~d rloo~ - Cumbeuland County Courthouse Caulisie, Pennsylvania ~7013 717-697-0371 ESTATE OF RICHARD N. HEFFNER, Plaintiff VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. S 2001 : IN ASSUMPSIT COMPLAINT AND NOW, comes the above mentioned Plaintiff, by its lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg- ment against the said Defendants in the sum of Two Thousand Five Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with legal interest thereon from January 8, 2001 and costs of suit, upon a certain cause of action, whereof the following is a state- ment: 1. The Plaintiff is the Estate of Richard N. Heffner, who died testate on July 14, 2000, in which he named Diana Shreve, Executrix and who to Proceedings No. 2000-00602 in the Office of Register of Wills of Cumberland County, Penn- sylvania, who qualified as the Executrix of the said Estate. The said Executrix resides at 15 Mimosa Drive, Mechanicsburg,' Pennsylvania 17055. 2. The Defendants are adult individuals, residing at 112 Hampden Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. By virtue of the attached Exhibit "A" made to the said Executrix, Diana Shreve, ported to operate a certain furnace service. both Defendants have pur- installation and repair 4. The Plaintiff, is the lawful owner of the said real estate situate at land County, Pennsylvania. 5. That on or about said Richard N. Heffner was living, 227 Dauphin Street, Enola, Cumber- July 6, 2000, while the engaged the Defendants to remove the furnace at 227 Dauphin Street, and provide a new gas furnace and install it in good working condition; and provide the proper installation and workmanship; which the Defendants, through said Daniel J. Stimeling, Jr. agreed to do. 6. The Defendants through Daniel J. Stimeling, Jr. agreed to provide the following labor and materials, pursuant to the Plaintiff's oral request, together with the cost of the same, as more particularly set forth in Plaintiff's Exhibit "B", a true and correct copy of which is attached hereto and made a part hereof; in which initially the materials were to cost $2,500.00 and the labor in the amount of $1,500.00, or an initial total of $4,000.00; for which $2,500.00 was paid on account, with the sum of $1,500.00 to be paid upon completion of the said work. - 2 - 7. The said Richard N. Heffner, died July 14, 2000 and the Defendants had also contracted and agreed with ~he said Richard N. Heffner to replace an old fuse box, with a new box supplied by the Plaintiff, and in which parts and labor were an additional $250.00. The said $4,000.00 was paid on July 29, 2000, the receipt of which was acknowledged by the initialing of the said Daniel J. Stimeling, together with the $250.00. 8. That additionally, the Defendants were engaged to provide extra duct work for the bathroom and di~ing room in the said property, for which the parts and labor were $250.00 and for panel electric service, parts and labor of $350.00, for a total of $600.00 for the additional work; of which $300.00 was paid on account and the balance of $300.00 paid on the date of August 18, 2000. 9. On or about October, 2000, , Diana Shreve, Executrix Observed that the furnace installation appeared to be defective and was not operating or performing as had been requested and contracted for. 10. That the Plaintiff then engaged Mr. Greg Sgrignoli, of 307 College }{ill Road, Enola, Pennsylvania 17025, who operates a heating and plumbing business; and was advised under date of October 23, 2000, that the following defects, as set forth in Plaintiff's Exhibit "C" appeared from the defective workmanship of the Defendants, which is more particularly identi- fied in Exhibit "C" hereof. 11. incorporated by reference and made a part That the Plaintiff under date of January 4, 2001 received Plaintiff's Exhibit "D" which identifies material and labor to bring the chimney up to the National Gas Code, for a total of $770.07 and to replace the duct ducts properly with material of $589.58 and for a total of $2,559.65. system and connect labor of $1200.00, 12. Under date of January 8, 2001, demand for the payment of $2,559.65 was made upon the Defendants, a true and correct copy of which is set forth in Plaintiff's Exhibit "E", which is attached hereto and incorporated by reference. 13. That despite the said demand for payment, the Defendants have failed to pay the same. 14. The matters complained of in the preceding paragraphs, incorporated by reference, also constitute a breach of an implied warranty of fitness for purpose intended; i.e. that all work contracted for would not be defective and be performed in a reasonable, workmanlike manner, so all materials and labor would properly function for each item provided. WHEREFORE, the Plaintiff demands judgment in the sum of $2,559.65, together with legal interest thereon from January 8, 2001 and the costs of suit be entered in favor of the Plain- tiff and against the said Defendants. The said demand is within the Cumberland County Rules of Civil Procedure, that require compulsory arbitration. Dated: April 24, 2001 Respectfully submitted, Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 - 5 - I,,,llh.lll,,,,t,h,hl,,,hll ~ ;4~ 00.°' qo6d °' ~S o.°' PLAINTIFF'S EXHIBIT "B" / Sglllmlb+ae Monday° October 23, P. o0o Diane flhreve 16 Mimosa Dr Aller checking the Furnace Instnlatlou at 227 Dauphin St,I have made n list of problems I Ibuud. '" i Chhnlley wag not Illlod ag poi- natlotlaJ gas teds 2 4 I!lch smoke pipe was just stuck into old smoke pipe 3 g inch flex duct ilooked 1o 8 hlcll beole,flex ducle JUst keep Ihlling off. 4 1,4o duct work was ruu Just a big box lot return nod supply $ Flex duct just loosely hausing all over the basement Gre8 StTrlgnoll PLAINTIFF'S EXHIBIT "C" / ~mnlh Thursday, January 4, 20Ol Diana 9breve 15 Mlmo~ Dr Mechanicsburg,Pa 17055 Dear Diana As per our conversation, here la an estimate to bring things up to a safe operating and elTiclent eyslem. To line lhe chimney up to the national gas code. material $290.07 labor $480.00 total $770.07 To replace the duct system and connect duct5 properly material $589.58 labor $1200.00 total $1789.58 Greg Sgrlgnoli PLAINTIFF'S EXHIBIT "D" ATTORNeY-AT-LAW HA~m$.Uhe. PkNNsYLvAHiA January 8, 2001 Mr. & Mrs. Daniel J. Stimeling, 112 Hampden Avenue Camp Hill, Pennsylvania 17011 Dear Mr. & Mrs. Stimeling: Jr. In Ret Estate of RICHARD N. HEFPNER Work performed at 227 Dauphin St. My client, Diana Shre~e, Executrix of the Estate of Richard N. Heffner, alleges that the furnace installat16n at 227 Dauphin Street, Enola, was defective; and that allegedly you refused to return to make the corrective repair work. As a result of this, she was required to engage Sgrignoli tleating and Air Conditioning to have the corrective work done. Enclosed is a copy of the findings of Sgrlgnoli Heating and Air Conditioning that identifies the defective work that had to be corrected. Also, enclosed is statement of Greg Sgrignoli's charges to have the work done, in the total sum of'$2,559.65. Accordingly, unless your check for $2~559.65 is received in my office on or before January 19, 2001, legal action will be required to be filed to collect the sam~. Please mark your records accordingly. Very truly yours~ JJK/sls Enclosures cc~ Mrs. Diana Shrev~ John J. Krafstg, Jr. PLAINTIFF'S EXHIBIT "E" 3:&oo h,,llh,,llh,,,I,h,hh,,hll ~ ~i~ oo,o' Io6 PLAINTIFF'S EXHIBIT "B" VA~ ~ la, t? ~ouday, October Mimosa Dr ^lVer checking the t~rnace Inslnlallou at 227 Dauphin 8t,I have made u ILqt of problems I round. '" I Chhnuey was not Iio~d as ~r national gas code 2 4 I~tcl, smoke pipe was J~t sluck ~to old smoke pi~ ~ 9 Inch flex duct Itooked lo 8 hlch boo~,flox ducts just k~p ~fllnB off. 4 No duct work w~ run Just 8 b~ ~x ~r return and supply 5 Flex duct JUst I~sely tmu~iu~ all over th9 basement ~--g 8grlgnoll s o. PLAINTIFF'S EXHIBIT "C" $1111111 ll+llg fi(Y{ U,~ege lOS R({ FAX'. '{3'2 134'{' emnll: Thursday, January 4, 2001 Diana Shreve 15 Mimosa Dr Mechanlcsburg,Pa 17055 Dear Diana As per our conversallon, here Is an estimate {o bring things up to a safe operating and eITlclenl syslem. To line Ihe chimney up to the national gas code. material $29O.O7 labor $4~0.9O total $770.o7 To replace the duct system and connect duct~ properly malerlal $509.~ labor $1200.00 tolal $1789.58 Greg Sgrlgnoll PLAINTIFF'S EXHIBIT "D" ATTORNEY-AT-LAW HARmsBUhG. P~NN$¥LvANiA fTI/O.f2el January 8, 2001 Mr. & Mrs. Daniel O. Stimeling, 112 Ilampden Avenue Camp Hill, Pennsylvania 17011 Dear Mr. & Mrs. Stimeling: Jr. In Re: Estate of RICHARD N. HEFFHER Work performed at 227 Dauphin St. My client, Diana shre~e, Executrix of the Estate of Richard N. Heffner, alleges that the furnace installation at 227 Dauphin Street, Enola, was defective; and that allegedly you refused to return ko make the corrective repair work. As a result Of this, she was required to engage Sgrignoli Heating and Air Conditioning to have the corrective work done. Enclosed is a copy' of the findings of Sgrignoli Heating and Air Conditioning that identifies the defective work that had to be corrected. Also, enclosed is statement of Oreg Sgrignoli's charges to have the work done~ in the total sum of '$2,559.65. Accordingly, unless your check for $2,559.65 is received in my office on or before January 19, 2001~ legal action will be required to be filed to collect the sam~. Please mark your records accordingly. Very truly yours~ JJK/sls Enclosures cc~ Mrs. Diana Shrev~ John J. Krafsig, Jr. PLAINTIFF'S EXHIBIT "E" VERIFICATION AND NOW, to wit, this f~' _ day o , 2001, I, Diana Shreve, Executrix of the Estate of R~chard N. Heffner, deceased, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Complaint, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Diana Shreve, Executrix of the Estate of Richard N. Heffner EXHIBIT "B" ESTATE OF RICHARD N. HEFFNER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION-LAW : DANIEL J. STIMELING, JR. and : NO. 01-2990 CIVIL TERM NORA A. STIMELING, : IN ASSUMPSIT DEFENDANTS AND : THIRD-PARTY : PLAINTIFFS : VS. : ROD MACE : THIRD-PARTY : DEFENDANT : RESPONSE OF DANIEL J. STIMELING, JR. AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. It is denied that either Defendant operated a furnace installation and repair service. Neither Defendant ever installed or repaired a furnace in their lifetimes either for money or for free with the exception that Daniel J. Stimeting, Jr. usually unsuccessfully, to repair his own furnace at Neither Defendant has the knowledge necessary to install or furnace. Daniel J. Stimeling, Jr. and Richard N. Heffner personal friends for the past 10 years until Mr. Heffner died. J. Stimeling, Jr. would do occasional jobs for Richard N. around his house over the years for pay. The Defendant Stimeling had nothing to do with any of the work performed by J. Stimeling, Jr. By way of further response, Daniel J. Stimeling, Jr., through attempted, his house. repair a had been Daniel Heffner Nora A. Daniel acquaintances found Rod Mace and asked him to do the work requested by Richard N. Heffner. Daniel J. Stimeling, Jr. collected the money from Mr. Heffner, and later Diana Shreve, and gave all but approximately $800.00 (Mr. Stimeling is not sure of the amount) to Rod Mace. Daniel J. Stimeling, Jr. kept the approximately $800.00 for his efforts in being in the house while Rod Mace worked and using his truck to haul items and trash around. By way of further response, it was Rod Ma~e who performed all of the work set forth in Exhibit KB" and which is complained of in Plaintiff's i complaint. Neither Defendant did any of the work Plaintiff complains of in the complaint. By way of further response, for the items referred to in. Exhibit "~', at the request of Diana Shreve, Nora A. Stimeling prepared Exhibit "A" based upon information she received from Rod Mace. By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner's son, who at all relevant times lived in Mr. Heffner's house, for the duct work referred to in Exhibit ~A". By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner for the panel electric work referred to in Exhibit 4. Admitted. 5. Admitted i that Daniel J. Stimeling, Jr. was hired to remove the furnace. It is denied that Nora A. Stimeling was ever involved in the transaction. It is denied that Daniel J. Stimeling, Jr. ever represented that it was he personally that was going to install the new gas furnace. Daniel J. Stimeling, Jr. represented that he was going to pay a person named Rod Mace to do this work. 6. Denied that Nora A. Stimeling had anything to do with this transaction. It is Denied that either Defendant agreed to provide the labor and materials set forth in Exhibit KB". This agreement was a conversation between Richard A. Heffner and Rod Mace reached during which occurred Stimeling, Defendants belief as therefore Richard N. at Mr. Heffner's house and for which Daniel J. Jr. was present. After reasonable investigation, are without knowledge or information sufficient to form a to the truth of the remainder of paragraph 6. The same is denied. By way of further response, after the death of Heffner, Rod Mace gave Exhibit KB" to Daniel J. Stimeling, Jr. who then mailed it to Diana Shreve. Neither Defendant saw Exhibit KB" until after the death of Richard N. Heffner. 7. Admitted that Richard N. Heffner died July denied that either Defendant work on the old fuse box. 14, 2000. It is contracted with Richard N. Heffner for That contract was based on verbal conversations between Rod Mace and Richard N. Heffner. 8. Denied that Nora A. Stimeling had anything to do with this transaction. Denied that Daniel J. Stimeling, Jr. was engaged to provide extra duct work for the bathroom and dining room or to install panel electric service. By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner's son, who at all relevant times lived in Mr. Heffner's house, for the duct work referred to in Exhibit ~A". By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner for the panel electric work referred to in Exhibit ~'. 9. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to what Diana Shreve observed. The same is therefore denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to whether the Plaintiff engaged Greg Sgrignoli. 10. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to whether Greg Sgrignoli operates a heating and plumbing business. The same is therefore denied. It is denied that anything listed in Plaintiff's Exhibit "C" constitutes a defect for which either of the Defendants should be liable. By way of further response, the Defendants respond to Exhibit "C" as follows: which Daniel During a conversation at Richard N. Heffner's house for J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner lining the chimney, however, Richard N. Heffner instructed Rod Mace not to line the chimney. b. During a conversation at Richard N. Heffner's house for which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner putting in a new pipe, howeyer, Richard N. Heffner told Rod Mace that he did not want a new pipe put in. Richard N. Heffner did tell Rod Mace and Daniel J. Stimeling, Jr. that he intended to put a new pipe in during the year 2001. ducts c. Defendant Daniel J. Stimeling, Jr. never knew that the kept falling off until the present suit was filed. If he had been told about the ducts falling off and asked to repair the same he would have had Rod Mace go back to the house and correct the problem. d. During a conversation at Richard N. Heffner's house for which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner the choice between having duct work verse a big box. Mr. Heffner chose having a big box and indicated to Rod Mace that he intended on getting duct work done in the year 2001. e. The first time Daniel J. Stimeling, Jr. heard that duct work was loosely hanging in the basement was when he read the Complaint filed by Plaintiff in this case. Had he been asked to secure the duct work, he would have had Rod Mace go back to Mr. Heffner's house and fix the same. 11. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to Plaintiff's Paragraph 11. The same is therefore denied. 12. Admitted. 13. Admitted. 14. It is denied that the work performed by Daniel J. Stimeling, Jr. was defective. Basically, the only work that Daniel J. Stimeling, Jr. did was: B. pipe to the ceiling; C. Helped Rod Mace disconnect the old furnace, carry it up basement steps and then carry the new furnace down the steps; and Removed trash from the basement; Held up the pipe in the basement while Rod Mace fastened the the D. Drove Rod Mace around in Mr. Stimeling's truck to get parts for the job. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. stimeling\response YOFFE & YOFFE, P.C. ~~y~o~O~in~IRE 214 Senate Avenue, Suite 2'03 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the response to complaint are true to the best of my know%edge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.So §4904 relating to unsworn falsification to authorities. Dated: Dated: . Stimeling~/' ESTATE OF RIcHA~D N. HEFFNER pLAINTIFF VS. DANIEL J' sTIMELING, JR. and NoRA A. STIMELING, DEFENDANTS AND THiRD-pARTY pLAiNTIFFS VS. ROD MACE THIRD- pARTY IN THE coURT OF COMMON pLEAS oF cuMBERLAND COUNTY, PENNSYLVANIA CIVIL AcTION-LAW NO. 01-2990 cIVIL TERM IN ASSuMpsIT DEFENDANT cERTIFICATE OF sERVICE he The undersigned certifies that on the date indicated belOW, served a true and correCt copy of the Response to complaint on John J- Krafsig, Jr., Esquire. Service was accomplished by depositing the same in the united states Mail, first claSS, postage prepaid and addressed as follOWS: john J. Krafsig, Jr., Esquire 2921 North Front street Harrisburg, PA 17110 Date: _ ~ ,,n~. E~QUIRE ~ttO~r~e' suite 203 214 Senate Avenu , Camp Hill, PA 17011 (717} 975-1838 Attorney ID No. 52933 st imeling\cer t ~vc ESTATE OF RICHARD N. HEFFNER : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION-LAW : DANIEL J. STIMELING, JR. and : NO. 01-2990 CIVIL TERM NORA A. STIMELING, : IN ASSUMPSIT DEFENDANTS AND : THIRD-PARTY : PLAINTIFFS : VS. : ROD MACE : THIRD-PARTY : DEFENDANT : RESPONSE OF DANIEL J. STIMELING, JR. AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. It is denied that either Defendant operated a furnace installation and repair service. Neither Defendant ever installed or repaired a furnace in their lifetimes either for money or for free with the exception that Daniel J. Stimeling, Jr. attempted, usually unsuccessfully, to repair his own furnace at his house. Neither Defendant has the knowledge necessary to install or repair a furnace. Daniel J. Stimeling, Jr. and Richard N. Heffner had been personal friends for the past 10 years until Mr. Heffner died. Daniel J. Stimeling, Jr. would do occasional jobs for Richard N. Heffner around his house over the years for pay. The Defendant Nora A. Stimeling had nothing to do with any of the work performed by Daniel J. Stimeling, Jr. By way of further acquaintances found Rod Mace Richard N. Heffner. Daniel response, Daniel J. Stimeling, Jr., through and asked him to do the work requested by J. Stimeling, Jr. collected the money from Mr. Heffner, and later Diana Shreve, and gave all but approximately $800.00 (Mr. Stimeling is not sure of the amount) to Rod Mace. Daniel J. Stimeling, Jr. kept the approximately $800.00 for his efforts in being in the house while Rod Mace worked and using his truck to haul items and trash around. By way of further response, the work set forth in Exhibit Plaintiff's complaint. Neither Defendant Plaintiff complains of in the complaint. it was Rod Mace who performed all of "B" and which is complained of in did any of the work By way of further response, for the items referred to in Exhibit UA", at the request of Diana Shreve, Nora A. Stimeling prepared Exhibit UA" based upon information she received from Rod Mace. By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner's son, who at all relevant times lived in Mr. Heffner's house, for the duct work referred to in Exhibit ~A". By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner for the panel electric work referred to in Exhibit 4. Admitted. 5. Admitted ithat Daniel J. Stimeling, Jr. was hired to remove the furnace. It is denied that Nora A. Stimeling was ever involved in the transaction. It is denied that Daniel J. Stimeling, Jr. ever represented that it was he personally that was going to install the new gas furnace. Daniel J. Stimeling, Jr. represented that he was going to pay a person named Rod Mace to do this work. 6. Denied that Nora A. Stimeling had anything to do with this transaction. It is Denied that either Defendant agreed to provide the labor and materials set forth in Exhibit ~B". This agreement was reached during a conversation between Richard A. Heffner and Rod Mace which occurred at Mr. Heffner's house and for which Daniel J. Stimeling, Jr. was present. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of paragraph 6. The same is therefore denied. By way of further response, after the death of Richard N. Heffner, Rod Mace gave Exhibit nB" to Daniel J. Stimeling, Jr. who then mailed it to Diana Shreve. Neither Defendant saw Exhibit ~B" until after the death of Richard N. Heffner. 7. Admitted that Richard N. Heffner died July 14, 2000. It is denied that either Defendant contracted with Richard N. Heffner for work on the old fuse box. That contract was based on verbal conversations between Rod Mace and Richard N. Heffner. 8. Denied that Nora A. Stimeling had anything to do with this transaction. Denied that Daniel J. Stimeling, Jr. was engaged to provide extra duct work for the bathroom and dining room or to install panel electric service. By way of further response, it with Richard N. Heffner's son, who at was Rod Mace who had negotiated all relevant times lived in Mr. Heffner's house, for the duct work referred to in Exhibit UA". By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner for the panel electric work referred to in Exhibit ~A". 9. After reasonable knowledge or information Shreve observed. The same investigation, Defendants are sufficient to form a belief as Sgrignoli. 10. After reasonable investigation, knowledge or information sufficient to form Greg Sgrignoli operates a heating therefore denied. It is denied Exhibit "C" constitutes a defect should be liable. investigation, the Defendants are without sufficient to form a belief as to what Diana is therefore denied. After reasonable without knowledge or information to whether the Plaintiff engaged Greg Defendants are without a belief as to whether and plumbing business. The same is that anything listed in Plaintiff's for which either of the Defendants By way of further response, the Defendants respond to Exhibit "C" as follows: a. During a conversation at Richard N. Heffner's house for which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner lining the chimney, however, Richard N. Heffner instructed Rod Mace not to line the chimney. b. During a conversation at Richard N. Heffner's house for which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner putting in a new pipe, however, Richard N. Heffner told Rod Mace that he did not want a new pipe put in. Richard N. Heffner did tell Rod Mace and Daniel J. Stimeling, Jr. that he intended to put a new pipe in during the year 2001. ducts c. Defendant Daniel J. Stimeling, Jr. never knew that the kept falling off until the present suit was filed. If he had been told about the ducts falling off and asked to repair the same he would have had Rod Mace go back to the house and correct the problem. d. During a conversation at Richard N. Heffner's house for which Daniel J. Stimeling, Jr. was present, Rod Mace discussed with Richard N. Heffner the choice between having duct work verse a big box. Mr. Heffner chose having a big box and indicated to Rod Mace that he intended on getting duct work done in the year 2001. e. The first time Daniel J. Stimeling, Jr. heard that duct work was loosely hanging in the basement was when he read the Complaint filed by Plaintiff in this case. Had he been asked to secure the duct work, he would have had Rod Mace go back to Mr. Heffner's house and fix the same. 11. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to Plaintiff's Paragraph 11. The same is therefore denied. 12. Admitted. 13. Admitted. 14. It is denied that the work performed by Daniel J. Stimeling, Jr. was defective. Basically, the only work that Daniel J. Stimeling, Jr. did was: A. Removed trash from the basement; B. Held up the pipe in the basement while Rod Mace fastened the pipe to the ceiling; C. Helped Rod Mace disconnect the old furnace, carry it up the basement steps and then carry the new furnace down the steps; and D. Drove Rod Mace around in Mr. Stimeling's truck to get parts for the job. WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. stimeling\response YOFFE & YOFFE, P.C. . /~FRE~/~. YOFF~, ~SQOIRE C-'Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the response to complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: Daniel J. ~'gimeling, Jrf t~ Dated: · Stlmellng~// ESTATE OF RICHARD N. HEFFNER PLAINTIFF VS. D~/qIEL J. STIMELING, NORA A. STIMELING, ROD MACE JR. and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : : NO. 01-2990 CIVIL TERM : IN ASSUMPSIT DEFENDANTS AND : THIRD-PARTY : PLAINTIFFS : VS. : : THIRD-PARTY : DEFENDANT : CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the Response to Complaint on' John J. Krafsig, Jr., Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 Date: YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 st imeling\cer t svc ESTATE OF RICHARD N. HEFFNER, Plaintiff CUMBERLAND COUNTY; PENNSYLV/~NI~ VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants VS. ROD MACE, Third Party Defendant [ IN ASSUMPSIT YoU SIIol~ ~rAk~ 3itts I~ApBI1 TO '~oU~t m~Wxl~lt AY Ot, lc~-, IF FIND OUT Ml£n~ Y~U oU4 u~ Lt~L.II~P; COURT ADMTNISTRATOR 3rd Floo~ - Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 717-697-0371 - Notlc~A - LL~v~ .sTA ukttA, uA A O. AI~OUAuO i{a4i~UlA~illi §l I~_.~Xlum Aeoc~bo Court Adminis~rator 3rd Floor - Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: 717-697-0371 2~1 ~dtth Fkoflt stze.t (717-236-2109! ESTATE OF RICHARD N. HEFFNER, Plaintiff VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants VS. ROD MACE, Third Party Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT AMENDED COMPLAINT AND NOW, comes the above mentioned Plaintiff, by its lawful counsel, John J. Krafsig, Jr., Esquire, who demands judg- ment against the said Defendants in the sum of Two Thousand Five Hundred Fifty-nine Dollars and 65/100 ($2,559.65), together with legal interest thereon from January 8, 2001 and costs of suit, upon a certain cause of action, whereof the following is a state- ment: 1. The Plaintiff is the Estate of Richard N. Heffner, who died testate on July 14, 2000, in which he named Diana Shreve, Executrix and who to Proceedings No. 2000-00602 in the Office of Register of Wills of Cumberland County, Penn- sylvania, who qualified as the Executrix of the said Estate. The said Executrix resides at 15 Mimosa Drive, Mechanicsburg, Pennsylvania 17055. - 1 - 2. The Defendants are adult individuals, residing at 112 Hampden Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. By virtue of the attached Exhibit "A" made to the said Executrix, Diana Shreve, both Defendants have pur- ported to operate a certain furnace installation and repair service. 4. The Plaintiff, is the lawful owner of the said real estate situate at 227 Dauphin Street, Enola, Cumber- land County, Pennsylvania. 5. That on or about July 6, 2000, while the said Richard N. Heffner was living, engaged the Defendants to remove the furnace at 227 Dauphin Street, and provide a new gas furnace and install it in good working condition; and provide the proper installation and workmanship; which the Defendants, through said Daniel J. Stimeling, Jr. agreed to do. 6. The Defendants through Daniel J. Stimeling, Jr. agreed to provide the following labor and materials, pursuant to the Plaintiff's oral request, together with the cost of the same, as more particularly set forth in Plaintiff's Exhibit "B", a true and correct copy of which is attached hereto and made a part hereof; in which initially the materials were to cost $2,500.00 and the labor in the amount of $1,500.00, or an initial total of $4,000.00; for which $2,500.00 was paid on account, with - 2 - the sum of $1,500.00 to be paid upon completion of the said work. 7. The said Richard N. Heffner, died July 14, 2000 and the Defendants had also contracted and agreed with the said Richard N. Heffner to replace an old fuse box, with a new box supplied by the Plaintiff, and in which parts and labor were an additional $250.00. The said $4,000.00 was paid on July 29, 2000, the receipt of which was acknowledged by the initialing of the said Daniel J. Stimeling, together with the $250.00. 8. That additionally, the Defendants were engaged to provide extra duct work for the bathroom and dining room in the said property, for which the parts and labor were $250.00 and for panel electric service, parts and labor of $350.00, for a total of $600.00 for the additional work; of which $300.00 was paid on account and the balance the date of August 18, 2000. 9. Unknown to the said of $300.00 paid on Diana Shreve, the Defendants in turn engaged one, Rod Mace, named as Third Party Defendant to to carry out the work, pursuant to the terms of the Agreements with the Defendants, Stimeling; which actions were not authorized by her and were the sole acts of the Defendants, through Daniel J. Stimeling. At no time, did the Plaintiff ever contract for the work to be done with the said Rod Mace, who she thought was an employee or a person assisting the Defendants; and all negotiations, agreements and payment of moneys were made solely to Defendant, Daniel Stimeling. 10. Further Plaintiff's Exhibits "A" and "B" demonstrate that the statement of work and the billing was done and the itemization in the name of the Defendants, not the Rod Mace. 11. On or about Executrix observed that be defective and was not requested and contracted 12. That October, 2000, Diana Shreve, the furnace installation appeared to operating or performing as had been for. the Plaintiff then engaged Mr. Greg Sgrignoli, of 307 College Hill Road, Enola, Pennsylvania 17025, who operates a heating and plumbing business; and was advised under date of October 23, 2000, that the following defects, as set forth in Plaintiff's Exhibit "C" appeared from the defective workmanship, which is more particularly identified in Exhibit "C" incorporated by reference and made a part hereof. 13. That the Plaintiff under date of January 4, 2001 received Plaintiff's Exhibit "D" which identifies material and labor to bring the chimney up to the National Gas Code, for a total of $770.07 and to replace the duct system and connect ducts properly with material of $589.58 and labor of $1200.00, for a total of $2,559.65. 14. Under date of January 8, 2001, demand for the payment of $2,559.65 was made upon the Defendants, a true - 4 - and correct copy of which is set "E", which is attached hereto and 15. the Defendants have 16.. forth in Plaintiff's Exhibit incorporated by reference. That despite the said demand for payment, failed to pay the same. The matters complained of in the preceding paragraphs, incorporated by reference, also constitute a breach of an implied warranty of fitness for purpose intended; i.e. that all work contracted for would not be defective and be performed in a reasonable, workmanlike manner, so all materials and labor would properly function for each item provided. WHEREFORE, the Plaintiff demands judgment in the sum of $2,559.65, together with legal interest thereon from January 8, 2001 and the costs of suit be entered in favor of the Plain- tiff and against the said Defendants. The said demand is within the Cumberland County Rules of Civil Procedure, that require compulsory arbitration. Dated: October 6, 2001 Respectfully submitted, rney ~br Plai~ti~f North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 / ?O,.g~ PLAINTIFF'S EXHIBIT "A" t50~,~ ~ tto 6d· ~' PLAINTIFF'S EXHIBIT "B" Momlay, October 23, 2000 Diane Bhreve 16 Mimosa Dr After cbeckhl8 time furnace Inslfllallou ,~! 22? Dauphin Bt,! have made a fist or problenm I Found. I ChllflUey was not lined as per national gas coda 2 4 I!tch smoke pipe was just stuck into old smoke pipe 8 g blch flex dncl booked lo 8 inch booM.flex ducls just keep IlallinB off. 4 No duct work was t'uu Ins! a 518 box Ibr r~iuru aud supply 5 Flex duct Just loosely baltlliul~ all over the basement (keg Sgrlgnoll PLAINTIFF'S EXHIBIT "C" S m mm m#+ Thursday, January 4, 2001 Diana Sttreve 15 Mimosa Dr Mechnnlcsbur§,Pa 17055 I)enr Diana ^s per our conversation, here Is an esthnale Io bring things up to a sale operalin8 and efllclenl system. 'I'o line ihe chimney up in the national gas code. matartal $290.0? labor 148o.0o total $??o.o7 To replace the duct system and connect duct5 properly malerlal ~589.58 labor $1200.00 lotal $1789.68 Greg Sgrlgnoli PLAINTIFF'S EXHIBIT "D" January 8, 2001 Mr. & Mrs. Daniel J. Stimeling, Jr. 112 Hampden Avenue Camp ;{ill, Pennsylvania 17011 Dear Mr. & Mrs. Stimeling: In Re: Estate of RICHARD N. HEFFNER Work performed at 227 Dauphin St. My client, Diana Shre%e, Executrix of the Estate of Richard N. Heffner, alleges that the furnace installation at 227 Dauphin Street, Enola, was defective; and that allegedly you refused to return to make the corrective repair work. As a result of this, she was required to engage Sgrignoli Heating and Air Conditioning to have the corrective work done. Enclosed is a copy of the findings of Sgrignoli Heating and Air Conditioning that identifies the defective work that had to be corrected. Also, enclosed is statement of Greg Sgrignoli's charges to have the work done, in the total sum of'$2,559.65. received .Accordingly, unless your check for $2,559.65 is in my office on or before January 19, 2001, legal action will be required to be filed to collect the sam~. Please mark your records accordingly. Very truly yours~ JJK/sls Enclosures cc: Mrs. Diana Shrev~ John J. Krafsig, Jr. PLAINTIFF'S EXHIBIT "E" VERIFICATION 2001, I, Diana Shreve, Executrix of the Estate of Richard N. Heffner, deceased, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Amended Complaint, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Diana Shreve, Executrix of the Estate of Richard N. Heffner CERTIFICATE OF SERVICE AND NOW, to wit, this ~t~ day of October, 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Estate of Ricahrd N. Heffner, by Diana Shreve, Executrix, do hereby certify, that I am this day serving the foregoing document, i.e. Amended Complaint, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pa. Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to: Jeffrey N. Yoffe, Esquire 214 Senate Avenue - Suite 203 Camp Hill, Pennsylvania 17011 (Attorney for Daniel J. Stimeling, Nora A. Jr. and Stimeling, Defendants) . ~ /~ohn J. Kr~fgl~, J~., ~i~e ~/Attorney ~r Plai~yiff~;~ 2921 Nort~Front ~treet-- Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 ESTATE OF RICHARD N. HEFFNER~ Plaintiff VS. DANIEL J. STIMELING~ JR. and NORA A. STIMELING, Defendants VS. ROD MACE, Third Party Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT STIPULATION OF COUNSEL OW, this =37 hereby stipulated by and between Attorney for Defendants, Daniel J. Stimeling John J. Krafsig, day of October, 2001, it is Jeffrey M. Yoffe, Esquire, Stimeling, Jr. and Norma A. and Jr., Esquire, Attorney for Estate of Richard N. Heffner, that the proposed Amended Conplaint record, in Steimling. shall be filed of lieu of the originial Complaint filed against Defendants ESTATE OF RICHARD N. HEFFNER PLAINTIFF VS. DANIEL J. STIMELING, JR. and NOR_AA. STIMELING, DEFENDANTS AND THIRD-PARTY PLAINTIFFS VS. ROD MACE THIRD-PARTY DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : NO. 01-2990 CIVIL TERM : IN ASSUMPSIT RESPONSE OF DANIEL J. STIMELING, JR. AND NORA A. STIMELING TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Denied. It is denied that either Defendant operated a furnace installation and repair service. Neither Defendant ever installed or repaired a furnace in their lifetimes either for money or for free with the exception that Daniel J. Stimeling, Jr. attempted, usually unsuccessfully, to repair his own furnace at his house. Neither Defendant has the knowledge necessary to install or repair a furnace. Daniel J. Stimeling, Jr. and Richard N. Heffner had been personal friends for the past 10 years until Mr. Heffner died. Daniel J. Stimeling, Jr. would do occasional jobs for Richard N. Heffner around his house over the years for pay. The Defendant Nora A. Stimeling had nothing to do with any of the work performed by Daniel J. Stimeling, Jr. By way of further response, Daniel J. Stimeling, Jr., through acquaintances found Rod Mace and asked him to do the work requested by Richard N. Heffner. Daniel J. Stimeling, Jr. collected the money from Mr. Heffner, and later Diana Shreve, and gave all but approximately $800.00 (Mr. Stimeling is not sure of the amount) J. Stimeling, Jr. kept the approximately $800.00 being in the house while Rod Mace worked and using items and trash around. By way of further response, the work set forth in Exhibit Plaintiff's complaint. Neither Defendant did any of Plaintiff complains of in the complaint. By way of further response, for the items referred to UA", at Exhibit to Rod Mace. Daniel for his efforts in his truck to haul it was Rod Mace who performed all of nB" and which is complained of in the work in Exhibit the request of Diana Shreve, Nora A. Stimeling prepared '~A" based upon information she received from Rod Mace. By way of further response, with Richard N. Heffner's Heffner's house, By way of with Richard N. Exhibit "A". 4. Admitted. 5. Admitted the furnace. It the transaction. represented that new gas furnace. it was Rod Mace who had negotiated son, who at all relevant times lived in Mr. for the duct work referred to in Exhibit ~A". further response, it was Rod Mace who had negotiated Heffner for the panel electric work referred to in that Daniel J. Stimeling, Jr. was hired to remove is denied that Nora A. Stimeling was ever involved in It is denied that Daniel J. Stimeling, Jr. ever it was he personally that was going to install the Daniel J. Stimeling, Jr. represented that he was going to pay a person named Rod Mace to do this work. 6. Denied that Nora A. Stimelin9 had anything to do with this transaction. It is Denied that either Defendant agreed to provide the labor and materials set forth in Exhibit ~B". This agreement was reached during a conversation between Richard A. Heffner and Rod Mace which occurred at Mr. Heffner's house and for which Daniel J. Stimeling, Jr. was present. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the remainder of paragraph 6. The same is therefore denied. By way of further response, after the death of Richard N. Heffner, Rod Mace gave Exhibit "B" to Daniel J. Stimeling, Jr. who then mailed it to Diana Shreve. ~B" until after the death of Richard N. Heffner. 7. Admitted that Richard N. Heffner died July 14, 2000. It is denied that either Defendant contracted with Richard N. Heffner for work on the old fuse box. That contract was based on verbal Neither Defendant saw Exhibit conversations between Rod Mace and Richard N. Heffner. 8. Denied that Nora A. Stimeling had anything transaction. Denied that Daniel J. Stimeling, Jr. to do with this was engaged to provide extra duct work for the bathroom and dining room or to install panel electric service. By way of further response, it was Rod Mace who had negotiated with Richard N. Heffner's son, who at all relevant times lived in Mr. Heffner's house, for the duct work referred to in Exhibit By way of further response, with Richard N. Neffner for the Exhibit UA". it was Rod Mace who had negotiated panel electric work referred to in 9. Denied that Nora A. Stimelin9 had anythin9 to do with transaction. Admitted that work. until this Diana Shreve did not authorize any of the By way of further response, neither Defendant met Diana Shreve after Richard N. Heffner died. Admitted that Diana Shreve, Executrix never contracted with Rod Mace. Diana Shreve never contracted with the Defendants either. 10. Denied. The Defendants prepared the Exhibits the request of Diana Shreve after Mr. Heffner itemizations were provided to Diana Shreve at her way evidenced who did the actual work. 11. After reasonable investigation, Defendants knowledge or information sufficient to form a belief as Shreve, Executrix observed. 12. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth By way of further response, "A" and "B" at died. These request but in no are without to what Diana knowledge or information sufficient to form a belief as to whether the work set forth in Exhibit "D" is necessary to bring the chimney up to the National Gas Code. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to when Plaintiff received Exhibit "D". 14. Admitted. 15. Admitted. 16. Denied that there is any breach of an implied warranty of fitness for purpose intended. of Plaintiff's Paragraph 12. The same is therefore denied. 13. After reasonable investigation, Defendants are without WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. NEW MATTER 17. Defendants and third-party Plaintiffs, Stimelings, maintain that neither themselves or third-party Defendant, Rod Mace, are liable to Plaintiff. 18. Alternatively, in the event it is determined by the Court that liability exists, Defendants and third-party Plaintiffs maintain that third-party Defendant is solely liable to the Plaintiff on Plaintiff's cause of action. 19. Alternatively, in the event the Court places any of the liability on third-party Plaintiffs, then to that extent, third-party Defendant is liable over to third-party Plaintiff. 20. At all relevant times, third-party Defendant was an independent contractor retained by third-party Plaintiffs to remove Plaintiff's existing furnace and provide to Plaintiff a new gas furnace and install it in good working condition in a workmanlike manner. 21. Stimeling complaint. 22. It was third-party Defendant who provided to Nora A. the information contained in Exhibit ~A" of Plaintiff's It was third-party Defendant who prepared Exhibit nB" attached to Plaintiff's complaint. 23. It was third-party Defendant who arranged with Plaintiff to do work on the old fuse box. 24. It was third-party Defendant who negotiated with Plaintiff's son to do the duct work referred to in Exhibit ~A# of Plaintiff's complaint. 25. It was third-party Defendant who did all of the duct work in Plaintiff's house and referred to in Exhibit ~C" and elsewhere in Plaintiff's complaint. WHEREFORE, in the event liability exists, third-party placed solely upon third-party event the Court places any of the then to that extent, third-party liable over Defendant be held judgment be entered it is determined by the Court that Plaintiffs request that liability be Defendant or alternatively, in the against third-party Defendant and in favor third-party Plaintiff for the amount of that liability. YOFFE & YOFFE, P.C. ~E~RE~N. t~f~E, ESQUIRE Attorney for Stimelings 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 st imelin~\response3 liability on third-party Plaintiffs, Plaintiffs request that third-party to third-party Plaintiff and that of VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing response to amended complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. No~ A. Stim~ling' ~/ ESTATE OF RICHARD N. HEFFNER PLAINTIFF VS. DANIEL J. STIMELING, JR. and NOP_A A. STIMELING, ROD MACE DEFENDANTS AND THIRD-PARTY PLAINTIFFS VS. THIRD-PARTY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below, he served a true and correct copy of the foregoing on John J. Krafsig, Jr., Esquire. Service was accomplished by depositing the same in the United States Mail, first class, postage prepaid and addressed as follows: John J. Krafsig, Jr., Esquire 2921 North Front Street Harrisburg, PA 17110 Date: November 17, 2001 YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ESTATE OF RICHARD N. HEFFNER, Plaintiff VS. DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants VS. ROD MACE, Third Party Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2990 CIVIL TERM IN ASSUMPSIT REPLY TO NEW MATTER 17. Paragraph 17, is a mere self-serving conclusion by the Defendants-Third Party Plaintiffs; and is unsupported by proper factual allegations and therefore denied. 18. The answer to paragraph 17 is expressly incorpor- ated by reference. 19. Paragraph 19 contains a mere self-serving allega- tion and conclusion, which is obviously contingent on subsequent court action and requires no further answer. 20. That the Third Party Defendant-Mace, was an independent contractor, and in these factual circumstances, the Plaintiff is without sufficient knowledge or information to form a belief as to the truth or falsity of the same; and therefore strict proof is demanded. By way of further answer, that Defendant- Mace was retained by the Third Party Plaintiffs-Stimeling to do the work that was to be provided to the Plaintiff-Heffner, speaks for itself and requires no further answer. Page 1 - 21. The Plaintiff is without sufficient knowledge or information to form a reasonable belief as to the truth or falsity of the said allegation; and therefore strict proof is herewith demanded, as the Plaintiff has no such knowledge. 22. The answer to paragraph 21 is expressly incorpor- ated by reference and made a part hereof. 23. Paragraph 23, as pleaded, is denied and strict proof of allegations is herewith demanded. By way of further answer, paragraph 7 of the Amended Complaint is expressly incorporated by reference; by way of further answer, Plaintiff's Exhibit "B" is incorporated by reference, noting the payment and the initialing by Defendant Daniel J. Stimeling, which is also incorporated by reference. 24. That the Third Party Defendant-Mace negotiated with the Plaintiff's son, who was not a lawful party, and there- fore an allegation for which strict proof is demanded; by way of further answer, said son was not a lawful authorized person to enter into any contract or negotiations in behalf of the said Estate. By way of further answer, paragraphs 7, 8, 9 and 10 of the Amended Complaint, are expressly incorporated by reference, which further disputes any authorization by the Plaintiff. 25. Paragraph 25, as pleaded is denied; and after reasonable investigation the Plaintiff is not able to determine the truth or falsity of the same and therefore, strict proof is herewith demanded. By way of further answer, paragraph 20 of New - Page 2 Matter, as to that portion which admits that the Third Party Plaintiffs-Stimeling engaged the Third Party Defendant-Mace to do the work, was their sole and exclusive act and not the act of the Plaintiff. By way of further answer, the Third Party Plain- tiffs-Stimeling make no assertion or explanation when they received Plaintiff's Exhibit "E", which is incorporated by reference under date of January 8, 2001; made no such claims until legal action was subsequently filed against them. Further, no response was filed to Plaintiff's Exhibit "E", however noting the allegations now appear in the Third Party Plaintiffs-Stimeling Answer and New Matter for the first time. Additionally, by way of further answer, Plain- tiff's Exhibit "B" which is expressly incorporated by reference relating to the duct work, expressly shows the acknowledgement of payment to the Third Party Plaintiff/Defendant, Daniel J. Stimeling. WHEREFORE, Plaintiff demands judgment in the sum of $2,559.65, together with legal interest thereon from January 8, 2001 and the costs of suit be entered in favor of the Plain- tiff and against said Defendants, Stimeling and Mace; and that the resolution of any liability of the Third Party Defendant-Mace to the Third Party Plaintiffs-Stimeling shall be subsequently - Page 3 - determined by an adjudication by your Honorable Court. Dated: November 24, 2001 Respectfull~ ~ubmitted, /~ J. /~rafsi'g, ~. ,~/uXre /~'/~r~r~t~°~r~i~t~t~ Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 - Page 4 - VERIFICATION AND NOW, to wit, this ~ day of ~, 2001, I, Diana Shreve, Executrix of the Estate of Richard N. Heffner, deceased, the within Plaintiff, do hereby certify and state the facts as set forth in the foregoing Reply to New Matter, are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Diana Shreve, Executrix of the Estate of Richard N. Heffner CERTIFICATE OF SERVICE AND NOW, to wit, this~Orr day of 2001, I, John J. Krafsig, Jr., Esquire, Attorney for the within Plaintiff, Estate of Richard N. Heffner, by Diana Shreve, Executrix, do hereby certify, that I am this day serving the foregoing document, i.e. Plaintiff's Reply to New Matter, upon the following person or persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, to wit: Service by regular mail, through the United States Post Office, postage prepaid to: Jeffrey N. Yoffe, Esquire 214 Senate Avenue - Suite 203 Camp Hill, Pennsylvania 17011 (Attorney for Daniel J. Stimeling, Jr. and Nora A. Stimeling, Defendants & Third Party Plaintiffs) 2921 North Front Street Harrisburg, Pennsylvania 17110 Telephone: 717-236-2109 Attorney's I.D. #06840 ESTATE OF RICHARD N. B~'~'NER, Plaintiff VS DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants VS ROD MACE, Third Party Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF_.NlqSYLVANIA NO. 01-2990 CIVIL TERM RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF. SAID COURT: John J. Krafsiq, Jr., Esquire , counsel for the plalntiff/~in the above action (or actions), respectfully represents that: 1. The above-captioned action (~ll~ii~) is (a~at issue. 2. The claim of the plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __ ,7~ffrey N. Yoff~- E~qq. (Attorney for Defendants); Henry C~_vn~: E.qq.: T.i~q~ C~_vn~. E~qq.. TVO Otto, III, Esq., Wanye Shade, Esq., Patrick Lauer, Esq. and Robert O'Brien, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. mailed to Attorney Yoffe on 12/3/2001 //_JOHN J ~AFSIG, ~JR. ~ ~SQUIRE ~ 2921 Nt/Front St., Harrisurg, Pa. 17110 ORDER OF COURT Attorney for Plaintiff AND NOW, f~ .) ~' ,-~J~'~t~¥,in conakleration of the A foregoing petition,.~ ~rz./ //~'~C~Z~// Esq., /~ ~/~ ~/~zz~~'- Esq., and~. _~-~Z.~~j ~~g~t~ JEsq., are appointed arbitrators in the abov~ captioned ac,'~ (or actions) as prayed for. By the ~ P.I. ESTATE OF RICHARD N. HEFFNER, Plaintiff DANIEL J. STIMELING, JR. and NORA A. STIMELING, Defendants In the Court of Common Pleas of Cumberland County, Pennsylvania No. 01-2990 Civil. 19 ..... Enter~ainst the above mentioned Defendant er the attached Arbitration Award, in the sum of 2 559.65 lus interest fr m 4/23/02 and all costs of record. June Prothonotary 2002 ' Telephone: 717-236-2109 17110 FiL~ - OZ JUt,125 PH 3:20 pF~ ~. ? uOUNm ~ L~VA Filed Term, 19 PRAECIPE ., Atty. OATH In The Court of Co~m~on Pleas of C,~.berland County, Pennsylvania ,~o.. O i - 2 ~o ~ We do so]~m.~ly swear (or affirm) ¢ha= we will support, obey and defend the Constitution of the United $¢ates and ~he COnstiru:~om of ~is Co~on- wealth ~d =hat we will discharEe =he du=i~f our offic~i=h fideli:y. separaCel~ s CaCed. ) ' , · Arbitrator, dissents. (Insert name if applicable. ) a~rd was entered U~On the d ~o~ice ~hereof g~ven b~ ~ii ~o ~he parties or their attorneTs. Arbitrators' com?emsation :o be paid upon appeal: 76.