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Home My WebLink About11-5937r?r. o 'ilt:L' ' Coverage Provided) M 41_-n visit our website at www.usps.com (a `SLF. PA B 7%3 Rl r-q $0.44 rr1 „t i < e ?2. O O R Jm : t [t - E-e Fndnr- me to 1 if 0) $2 30 M . Restn, ad? v,r, 4-ee p End(lr. me e):irad) $0 00 . fO 7ntal ost., ,.-,:e3 :S.SR 0013 08 Postmark Here 08/01/2011 C-) ?.., C -? 3 r-n x ca-a U, r- 1 r. -:r C;+ co C3 .>ent R ` C I?b-- ,?- --) u L r` or PO 140X N L tv wes-t CT c° .•_.°._..._.... -------------- oJ- v l ;,iry lots,cP..4 ??.RUSCE °-/ / °--°170 b 13 PROOF OF SERVICE OF NOTICE OF API EAL AND RULE TO FILE COMPLAINT M (7 ? Z7 q t "^I+Q Q C3 -ryr r?? (This proof cl service A4UST BE FILED WITHIN TEN (10) DAYS ..FTER filing of the notice of appeal, Check e pplicabie boxes.) COMMONWEALTH OF PENNSYLVANIA C; (? Ot1NTY OF b K O WUIVL?.- ss AFFIDAVIT. 1 hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No.'t` 593? (date of service) 8 ( ( , 20 l Jpers ..................... sender'ssi receipt attached hereto, and upon the app+;dlee, (name) 20 ._......_ ? by r)ersonal ser sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME T1-11S 1,..4 r_ _ DAY OF 0,,?, ._.t 2011 3t9n8ture of official before m wp a! davit was made r rL tc? Cll. G' l r C, 1 itie of o- fncrai My Commission expires on 20 /S Wxanal Seat ttac vr+e)rr,Notrryaublic Cddt pro. Cumberwnd County AV •f?itt-,'??#ytaon Expkvs ,prV 28 2015 J t$A.yj?Hi ,A357f; A,YiON OF hiOUKIES Z upon the District Justice designated therein on anal service by (certif ed) (rF-,gstererl) mail, ? L - J'fP 1 _ T'eVS on vice 'X by (certified) ?regi erect) mail, Signaturo ofafrlant L?ftft 7?S ACPC 312A - 02 0F THEL ROTUFNICOTARY 2011 AUG 22 PH 3: N CUMBERLAND COUNTY PENNSYLVANIA STEPHANIE WALTERS 272 S. West Street Carlisle, PA 17013 Plaintiff/Appellee vs. MICHAEL W. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Defendant/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE #11-5937 CIVIL COMPLAINT 1. Plaintiff, Stephanie Walters, is an adult individual residing at 272 S. West Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Michael W. Stitzel, is an adult individual doing business as Stitzels All Mechanical, with a place of business located at 91 Crane Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about January 20, 2011, Plaintiff and Defendant entered into an oral agreement for the installation of a heating and air conditioning unit in Plaintiffs residence. 4. As a result of this agreement, the Defendant installed a unit on or about February 9, 2011, which unit never worked properly. 5. When Plaintiff turned on the unit the day it was initially installed, there was smoke and a burning smell. 6. As a result of the failure of the installed unit, Plaintiff called Defendant for service. Defendant was unable to fix the problem. 7. Because Defendant was not able to repair the incorrectly installed unit, Plaintiff called a different HVAC contractor and plumber to come diagnose and repair the unit that Defendant had installed, which such service was provided. 8. Plaintiff spent $504.75 to try to get the unit installed by Defendant to operate correctly. Invoices for the services provided are attached as Exhibit A. 9. Eventually, Plaintiff gave up on trying to get the unit installed by Defendant to operate correctly and had the unit removed and replaced by another HVAC contractor at a cost of $6,734.68. 10. Defendant's work at Plaintiff's residence was performed in a poor, improper, and unworkmanlike manner which was by necessary implication required to be done and performed in a proper and workmanlike manner, as follows: (a) the unit installed by Defendant was grossly over- sized for the residence, causing significant extra electric cost of operation; (b) as a result of the incorrect size, the unit would cycle too fast and incompletely heat the property; and (c) the installed unit caused fire and smoke damage throughout the residence. 11. Prior to the removal of the unit and installation of a correctly sized unit, Plaintiff offered Defendant the opportunity to cure the aforesaid breach of the implied warranty of merchantability and fitness for a particular purpose, but Defendant failed and refused to repair the unit. 12. Plaintiff offered Defendant the opportunity to retake possession of the removed unit in order to mitigate Defendant's damages, but Defendant has failed and refused, and still refuses, to take possession of the removed unit. 13. The reasonable cost of remedying the aforesaid breaches of failure to repair is in the amount of $504.75. Copies of the invoices are attached as Exhibit A. 14. The reasonable cost of installing a properly-sized unit to provide cooling to the residence is in the amount of $6,734.68. Copies of the invoices for the new unit are attached as Exhibit B. WHEREFORE, plaintiff demands judgment against defendant in the amount of $7,239.43, plus interest and delay damages and costs of suit. Dated: O 2 Z , 2011 Re ctfully submitted, By: ? Anna Marie Sossong, E Identification No. 3280i? SkarlatosZonarich LLC 17 South Second Street, 6t" Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 - 1000 Facsimile: (717) 233 -1016 Email: ams@skarlatoszonarich.com Attorneys for Plaintiff Stephanie Walters VERIFICATION I, Stephanie Walters , hereby certify that the facts set forth in the following Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language in the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Dated: Stephan e Walters h b mcclure S600 S. ervice 2- Box ( aFX Harrisburg, A-3731745 Service 2322-HEAT 4328328) .FAX 23434-3730 ¦ ¦ Federal I.D. # 23-0855020 a http:/fwww.hbmcclure.com company CUSTOMER INFORMATION SERVICE TICKET INFORMATION BILL TO: S STEPHANIE WALTERS ?SERVICE ONTRAC INVOICE#: 423253-8155 , 272 S WEST STREET ACCT#: 19-750 CARLISLE, PA 1701:3 DATE: 4711. 2011 BY: TASKIADD DESCRIPTION PRICE T0000085 Diagnostic Fee 2 TO00'721,: Replace Blower Motor--OEN 219.75 3 4 5 TOTAL y ;Z DIAGNOSIS / REPAIR REPLACED BLOWER MOTOR,CAPACITOR,AND CONTROL BOARD. CHECK OPERATION-OK I the undersigned owner / authorized representative of the property at which the work above is to be done, have authorized you to perform the diagnosis and/or PARTS/LABOR WARRANTY repair, The materials required, rendered and installed have been completed in a satisfactory manner and I acknowlege receipt of my copy. Terms are net 30 days for All parts as recorded are warranted as per credit approved accounts. Amounts not paid in accordance are subject to a finance charge of 1.5% per month, 18% annual ly. Cost of collection, including attorney manufacture's specifications. The labor and/orfiling fees will be the responsibility of the debtor. required as recorded here relative to the CUSTOMERS SIGNATURE DATE equipment serviced as noted, is guaranteed for X a period of 90 days. We do not guarantee parts J J TECH N5 SIGNATURE DATE y other than those we supplied. If repairs later become necessary as a result of other defective a atel ill b h d th / r y. e c arge sep parts, ey w h b mcclure S600 S. ervi Seri 17th St., RO Box 1745, Harrisburg, PA 17105-1745 (717) ) 232-HEAT (4328) • FAX (717) 234-3730 0 ¦ ¦ Federal I.D. # 23-0855020 • http://www.hbmcclure.com company CUSTOMER INf,ORMATION SERVICE TICKET INFORMATION, BILLTO: 07 7a S . r-.. "? VICE INVOICE#: ACCT#: g 7-5D ?-?x ?x? Pa . 4-7ot 3 DATE: V-6-1( BY: TASK/AOD. DESC _. 10?1, PRLCtR ; 3 a ' ? ' ! V w ? ? ?? D -K-a ? ? .-c.c? ft/atid-G o--t? ,.d.? !1 ? c c < .? • . o-wy? TOTAL DIAGNOSIS / REPAIR p^I J- G-w ?y.?-rt ?.tJ'?'? ?,t.tw*? trwl.t 6 f f J l? I the undersigned owner! authorized representative of the property at which the work above is to be done, have authodzed you to perform the diagnosis and/or PARTS/LABOR WARRANTY repair, The materials required, rendered and installed have been completed in a satisfactory manner and I acknowlege receipt of my copy. Terms are net 30 days for credit approved accounts. Amounts not paid in accordance are subject to a finance charge of 1.5% per month, 18% annually. Cost of collection, including attorney All parts as recorded are warranted as per and/or filing fees will be the responsi ility of the debtor. manufacture's specifications. The labor uired as recorded here relative to the re ^- •--- CUST MERS S1GNA RE AT q equipment serviced as noted, is guaranteed for We do not guarantee parts a eriod of 90 da s p y . lied If re airslater th th n those we su TECHNICIANS SIGNATURE DATE CJ . p o er a pp become necessary as a result of other defective l h ill b h d t y. parts, t e c arge separa e ey w m?clure h 1h 600 S. 17th St., P.O Box 1745, Harrisburg, PA 17105-1745 Service (717) 232-HEAT (4328) • FAX (717) 234-3730 . . Federal I.D. # 23-0855020 • http://www.hbmcclure.com componp CUSTOMER,INFORMATIOW SERVICE TICKET INFORMATION t BILL TO: ¢w r GJ 73 S. W,- f 21• C?.Q??e P , l1 t t 3 a A '"TM CONTRACT SERVICE DATE: ` -13 W INVOICE#: V33.51,3 ACCT#: / 9 7S"Z3 BY: TASK/ADD 4a>.e DESCRfPTION •, PRICE, 1 4 7 / 9 b j •?d lcl< ?C GC', t.M.C cc e? ?y ?y?--? •' ` 4 . !? 2 G 3 4 5 SV _. TOTAL DIAGNOSIS ! REPAIR; '" I the undersigned owner / authorized representative of the property at which the work above is to be done, have authorized you to perform the diagnosis and/or PARTS/LABOR WARRANTY repair, The materials required, rendered and installed have been completed in a satisfactory manner and I acknowlege receipt of my copy. Terms are net 30 days for credit approved accounts. Amounts not paid In accordance are subject to a finance charge of 1.5% per month, 18% annually. Cost of collection, including attorney and/or filing fees will be the responsibility of thellebtor. All parts as recorded are warranted as per manufacture's specifications. The labor required as recorded here relative to the ?/ r-" ,,,.? J CUST /ERS SIGNATURE ,?^'? X ; j DATE -r equipment serviced as noted, is guaranteed for a period of 90 days. We do not guarantee parts other than those we supplied. If repairs later TECHNICIANS SIGNATURE X DATE V ?.f become necessary as a result of other defective parts, they will be charged separately. flSinceIM4b. nniure Company 600 S. 17th St., P.O. Box 1745, Harrisburg, PA 17105-1745 Service (717) 232-HEAT (4328) • FAX (717) 234-3730 Federal I.D. # 23-0855020 • www.hbmcclure.com Customer Name _?'C `hQn ?e WQ?-t?t S Job # 4a?Wli- Dear HB McClure Customer: Thank you for purchasing a system from HB McClure. We anticipate completing our work on If at all possible, please make arrangements to be available on this date so we may review operating instructions and manufacturers' warranty information During our 90 years in business we have found that customer referrals are one of the best forms of advertising. Our goal is to completely satisfy every customer in the hopes that he or she will inform their friends, neighbors and relatives of the pleasurable experience they received when HB McClure was contracted. Any future potential business you could refer to us would be greatly appreciated. Regular preventive maintenance is essential to maintain peak operating efficiency and to prolong unit life. Should you ever require service please call 232-4328. We provide 24-hour emergency service. Non- emergency calls are scheduled at the first available mutually convenient time. Thank you, Installation Foreman HB McClure Company Amount due: (D e, Form of Payment: (f ? e e, k Our mechanics are authorized to accept your final payment and will use this form to serve as your receipt. Amount Received:-O` Check #,20Y Received by: Date DESIGN BUILD MECHANICAL CONTRACTOR • SHEET METAL • PLUMBING • HEATING • AIR CONDITIONING • SERVICE • FUEL OIL • DUCT CLEANING • WATER CONDITIONING Proposal April 1. 2011 Jones Plumbing, Inc. 354 A Street Carlisle, PA 17013 Ph. 249-4714 Fax 249-0153 PA2109 www.jonesplumbinginc.com e-mail: info@jonesplumbinginc.com 413 Stephanie Walters 272 South West Street Carlisle, PA 17013 Description: - Replace condensate trap, vertical sewer stack, & cast iron wye fitting where leaking - One year parts & labor warranty on all work Proposal Excludes: - Any unforeseen difficulties encountered - Permit - Repair and/or replacement of customers existing fixtures We Propose- To furnish material and labor - Complete in accordance with above specifications, for the sum of $ 398.00 Authorized Signature. -100% due upon completion of job Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. This proposal may be withdrawn if not accepted within 15 days. Date of Acceptance, Signature Please sign and return one copy. You the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See reversed side for notice of cancellation form for an explanation of this right. Payments to be made as follows: STEPHANIE WALTERS 272 S. West Street Carlisle, PA 17013 Plaintiff/Appellee VS. MICHAEL W,. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Defendant/Appellant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE #11-5937 CIVIL CERTIFICATE OF SERVICE I, Debra L. Logan, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of the attached Complaint upon the person indicated below, by U.S. Mail, regular First Class United States Mail at Harrisburg, Pennsylvania, and addressed as follows: Michael W. Stitzel 91 Cranes Gap Road Carlisle, PA 17013 Paul B. Orr, Esquire Dated: a , pud ( J 50 East High Street, Suite I Carlisle, P 17013 Debra L. Logan le r? ?011 OCT 27 AM H: ['9 ""UMBERLAND C')J Jh "T P SYLV,1%C 11% STEPHANIE WALTERS IN THE COURT OF COMMON 272 S. West Street PLEAS OF CUMBERLAND COUNTY, Carlisle, PA 17013 PENNSYLVANIA Plaintiff/Appellee CASE #11-5937 CIVIL vs. MICHAEL W. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Defendant/Appellant : PRAECIPE TO SETTLE, SATISFY & DISCONTINUE TO THE PROTHONOTARY: Please mark the above referenced case settled, satisfied and discontinued with prejudice, as to Plaintiff Stephanie Walters, pursuant to Pa.R.C.P. No. 229. Respectfully Submitted, SKARLATOS & ZONARI Dated: 10 25 C C By: Anna Marie Sossong, Es ii Identification No. 32808 17 South Second Street, ?', Harrisburg, Pennsylvania 17 (717) 233-1000 Attorney for Plaintiff STEPHANIE WALTERS IN THE COURT OF COMMON 272 S. West Street PLEAS OF CUMBERLAND COUNTY, Carlisle, PA 17013 PENNSYLVANIA Plaintiff/Appellee CASE #11-5937 CIVIL vs. : MICHAEL W. STITZEL 91 Cranes Gap Road Carlisle, PA 17013 Defendant/Appellant CERTIFICATE OF SERVICE I, Debra L. Logan, an employee of SkarlatosZonarich LLC, certify that I this day served a copy of the attached Praecipe to Settle, Satisfy & Discontinue upon the person indicated below, by U.S. Mail, regular First Class United States Mail at Harrisburg, Pennsylvania, and addressed as follows: Michael W. Stitzel 91 Cranes Gap Road Carlisle, PA 17013 Paul B. Orr, Esquire 50 East High Street, Suite 1 Carlisle, PA 17013 Dated: (6l / Debra L. Logan