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HomeMy WebLinkAbout05-4836 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. OS' - Iff 36 CIUt L<--Y- ER-'?( Plaintiff, v. COMPLAINT HNl CORPORATION and HEARTH & HOME TECHNOLOGIES, INC. t/d/b/a FIRESIDE HEARTH & HOME, Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA J.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, P A 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INC. t/dIb/a FIRESIDE HEARTH & HOME, Defendants. NOTICE TO DEFEND 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PENN NA TlONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. 05" - If f3t;. Ctui-L I ~ Plaintiff, v. HNl CORPORA TlON and HEARTH & HOME TECHNOLOGIES, INC. tJdlb/a FIRESIDE HEARTH & HOME, Defendants. COMPLAINT AND NOW comes plaintiff, Penn National Insurance as subrogee of Elam G. Stoltzfus, Jr., Inc., by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff Penn National Insurance as subrogee of Elam G. Stoltzfus, Jr., Inc. is a corporation doing business within the Commonwealth of Pennsylvania at P.O. Box 1364, Harrisburg, Pennsylvania 17105. 2. Elam G. Stoltzfus, Jr., Inc. is a corporation duly organized under the laws of the Commonwealth of Pennsylvania with its principal place of business at 474 Mount Sidney Road, Lancaster, Pennsylvania 17602. 3. At all times relevant hereto, Stoltzfus was the holder of a policy of insurance issued by Penn National which covered the property known and numbered as 1735 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 and the structure thereon. 4. Defendant, HNl Corporation, is a corporation with its principal place of business at 414 East Third Street, Muscatine, Iowa 52761. 5. At all times relevant hereto, HNl did business and traded within the Commonwealth of Pennsylvania. 6. Defendant, Hearth & Home Technologies, Inc. t/dlb/a Fireside Hearth & Home, is a subsidiary of HNl and has a principal place of business at 20802 Kensington Boulevard, Lakeville, Minnesota 55044. 7. At all times relevant hereto, Hearth & Home traded and did business within the Commonwealth of Pennsylvania. 8. At all times relevant hereto, Stoltzfus was the owner of the property known and numbered as 1735 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 and the structure located thereon. 9. Said structure was a model home located in the Pinehurst Hills development and was a two-story, single-family home bearing wood framed materials with a Dryvit and stone exterior. 10. The construction of said home was completed on or about September 15, 2004 and was not occupied or under any sales contact. 11. Defendants are in the business of manufacturing and installing indoor gas burning fireplaces. 12. Stoltzfus entered into a contract with defendants for the delivery and installation oftwo Heat-n-Glo gas fireplace systems including ventilation/chimney systems. 13. On or about October 1,2004 at approximately 10:45 a.m., following the prior use of the family room first-floor fireplace, a carpenter working in a nearby residence saw smoke coming out of the area of the roof at the chimney located on the north side of the second-story level. 14. Subsequently, firefighters from the Hampton Township Volunteer Fire Department arrived at the scene to find flames emitting from the roof surrounding the chimney located on the north side ofthe second-story level. 15. Despite suppression activities, the fire resulted in substantial destruction of the house and its contents. 16. The cause of the fire was the improper installation and assembly of the chimney pipe vent for the gas burning fireplace located in the family room of the first-floor by the defendants and their employees and/or agents and/or representatives. COUNT I - NEGLIGENCE 17. Plaintiff incorporates by reference paragraphs 1 through 16 as if set forth in full herein. 18. At all times relevant hereto, defendants owed Stoltzfus a duty to properly install and assemble the subject fireplace and ventilation/chimney system. 19. Defendants were negligent in general and breached their duty of care owed to Stoltzfus in the following particulars: a. In failing to install and assemble the subject fireplace and ventilation/chimney system in a safe, proper and workmanlike manner; b. In failing to follow instructions regarding the installation of the fireplace and ventilation/chimney system; c. In failing to connect the second and third section of the vent pipe; d. In permitting a gap to exist between the second and third section of vent pipe; e. In failing to properly test and inspect the subject fireplace and ventilation/chimney system; f. In violating the applicable standards, local ordinances and national codes including, but not limited to, NFP A guidelines; g. In allowing the improper separation of the vent pipe; h. In failing to properly supervise their employees and/or agents and/or representatives; J. In failing to properly train its employees and/or agents and/or representatives; J. In failing to properly protect Stoltzfus' property from the possibility of fire damage; k. In failing to properly test the vent pipe connections; I. In failing to use proper parts, components and materials in the assembly and installation of the subject fireplace and ventilation/chimney system; m. In generally failing to install and assemble the subject fireplace ventilation/chimney system in a proper, safe and workmanlike manner; n. In failing to provide Stoltzfus with the standard of care owed to it under the existing circumstances. o. In acting in a careless, negligent and reckless manner; p. In permitting its employees to act or omit to act as described above in subparagraphs a through o. 20. As a sole, direct legal and proximate result of the defendants' negligence as aforesaid, Stoltzfus has suffered the following damages: a. Destruction of the house; b. Destruction of and significant damage to the contents of the house; c. Damages associated with the cleaning, clearing and controlling the fire scene. 21. Said damages are in an amount in excess of$559,000.00. WHEREFORE, plaintiff, Penn National Insurance as subrogee ofElam G. Stoltzfus, Jr., Inc., demands judgment in its favor and against the defendants, HNl Corporation and Hearth & Home Technologies, Inc. t/dlb/a Fireside Hearth & Home, in an amount in excess of this county's arbitration limits, exclusive of interest and costs. COUNT II - BREACH OF CONTRACT 22. Plaintiff incorporates by reference paragraphs 1 through 21 as if set forth in full herein. 23. Defendants entered into a contract for the installation and assembly of the subject gas burning fireplace and ventilation/chimney system (See documents attached hereto as Exhibit A.) 24. Defendants breached the terms of the contract generally and in the following particulars: a. In failing to follow the specifications for the installation and assembly of the subject fireplace and ventilation/chimney system; b. In failing to install and assemble the subject fireplace and ventilation/chimney system in a proper and workmanlike manner; c. In failing to use competent employees and/or agents and/or representatives during the installation and assembly of the subject fireplace and ventilation/chimney system. 25. As a direct and proximate result of the defendants' breaches, Stoltzfus suffered damages in the form of the destruction of the home and its contents and damages associated therewith as is more fully described in the preceding paragraphs of this Complaint. WHEREFORE, plaintiff, Penn National Insurance as subrogee of Elam G. Stoltzfus, Jr., Inc., demands judgment in its favor and against the defendants, HNI Corporation and Hearth & Home Technologies, Inc. t/d/b/a Fireside Hearth & Home, in an amount in excess of this county's arbitration limits, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Christopher . Deegan, Esqui e Counsel for Plaintiff EGStoltzfus Homes 474 Mt. Sidney Road Lancaster PA 17602 Phone: (717) 393-0212 Fax: (717) 393-8924 To: Fireside Hearth & Home Attn: Kathy Please ship the following; PURCHASE ORDER Date: PARADE OF HOMES MODEL April 8, 2004 Ship To; #770 Pinehurst Hills Installation, Mantle delv. & Start up: Per Site Managers Schedule 10RDEREDII DESCRI~TION II ~RICE I Heatilator 1 ND3933 Includes: Log Set log Rack Lava Stone Interior brick look 1 Fan kit and fan speed control CUS77o.-Pinehurst HiIIs.lot 34-1735 Eliza Way. 1 ALL BLACK ARCH FRONT Mechanicsbure. HamDden TWD. Cumberland Co. .- From lancaster, 283 toward H-burg.. B35 to 581 W Unit wiring to wall boxes & take R! 1 l/Carlisle Pk exit-at light l and stay in l- 1 lane, l onto Sporting Hill Rd (turns into Good Hop' Rd), l on Smith Rd-Pinehurst on R - 1 gas line dropped to basement for connection by others Mantle by others MARBLE TO BE HAND PICKED BY DUSTY 6" or 8" MYERS BEIGE MARBLE around all 4 sides of unit Side legs to extend to floor ~ -- - ND3933 / FLOOR /' EXHIBIT NO ttEARTH I A .J Hold for delivery call ! I , Important: Our job number must appear on invoices and packages. . ~"- -- ...:......." Ordered by: Randy Reidenbach PURCHASE ORDER EGStoltzfus Homes 474 Mt. Sidney Road Lancaster PA 17602 Phone: (717) 393-0212 Fax: (717) 393-8924 Date: April 8, 2004 PARADE OF HOMES MODEL To: Fireside Hearth & Home Ship To: #770 Pinehurst Hills AUn: Judy Please ship the following: Installation, Mantle de/v. & Start up: Per Site Managers Schedule 10RDEREo/I DESCRIPTION " PRICE I HEAT N GLO 1 ESCAPE MODEL I ncl udes: log Set log Rack lava Stone Interior brick look 1 Unit wiring to wall boxes 1 gas line dropped to basement for connection by others 1 COPPER CHIMNEY TOP - REQUIRES FIELD MEASURE Mantle by others! Hold for delivery call ! CUS77D-Pinehurst HiIIs--lot 34-1735 Eliza Wav. Mechanicsbure:. HamDden Two. Cumberland Co. . From lancaster, 283 toward H-burg, 835 to 58~ W .& take Rt 1 l/Carlisle Pk exit-at light L and stay In L lane, l onto Sporting Hill Rd (turns into Good Hop' Rd), L on Smith Rd~Pinehur5t on R , Important: Our job number must appear on invoices and packages. " . _I_~- __ ...:........ Ordered by: Randy Reidenbach INVOICE FIRESIDE HEARTH&HOME Remit Only To: Fireside Hearth & Home P,O, Box 75003 Baltimore, MD 21275 (717) 755-6252 Federal I,D, #42-J 16]782 ~,)Y SOLD TO: E G STOLTZFUS HOMES 474 MOUNT SIDNEY ROAD LANCASTER PA 17602 Invoice Number: B022118-IN LOT, 7 70 PINEHURST HILLS JOB 770 MECHANICSBURG Invoice Date: Page: 05i28/04 1 PA Customer Number: Our Order Number: Salesperson: STC: 22-s'r54000 B015811 FW PJ..2 :ustomer P.O. Date Shipped Ship Via EO.B. Terms OB 770 INSTALL YORK NET 30 DAYS Item No. Description Qty. Unit Price Amount LND3933 3311 NOVUS DIRECT VENT NG 1 705.00 7Q15.00 SIN GJI.1l33884 1704 LGFK4 FAN FOR NEW NOVUS/JUNCTION Em 1 .00 .00 LDF~~33 FIXED F.RCH DOOR EX 10 185.00 .00 BBE57X8 BEIGE NATUEAL 57 X 8 0 .00 .00 BBE37.25X7 BEIGE N.l\ TUEAL 37.25 X 7 :0 .00 .00 LDVP-TEAPK1 TOP VENT HaRZ TEEM KIT #1 1 .00 .00 LDVPtJ 4 II VENT PIPE 1 .00 .00 LDVP6 611 VENT PIPE 1 .00 .00 FP-SUP22 FIREPLACE SUPPLIES CPA 2 .00 .100 ST.l\RTVP22 H/O STARTUP - CENTR.l\L PIl. 1 .00 .00 BINSTALLHAL INSTALLIl.TION 1 150.00 150.00 (q~(b ClJS7/o leduo NCLUDES ALL F ~D & STATE TAXES N~T INVOICE, 855.00 FREIGHT: .00 .:""'''T1:''C' fTl".". "','" FIRESIDE HEARTH(:""HOJ.AE SOLD TO: INVOICE Remit Only To: Fireside Hearth & Home P,O, Box 75003 Baltimore, MD 2 i275 (717) 755-6252 Federal 1D, #42-1161782 E G STOLTZFUS HOMES 474 MOUNT SIDNEY ROAD LANCASTER PA 17602 LOT: 770 PINEHURST HILLS JOB 770 MECHANICSBURG =ustomer P.O. )B 770 PINEHU Item No. ESCAPE-36DV IN 002519918 )VP-TV WP 48 )VP 36 iL-F3 lVP45 IVP-FS VP-AS -SUP22 ARTUP22 !IlSTALLHAL ~STALL ~CK WITH DU lING I TOWARDS I TAKE RT 1 'T AND STAY RTING HILL , LEFT ON T PRICE IN EL HOME CR PA Date Shipped Ship Via 05/24/04 INSTALL Description ESCAPE DIRECT VENT CV7 VERTICAL TERMINATION CAP 48" VENT PIPE 36" VENT PIPE CHASE COVER 4x8x8 3/4" 45 DEGREE ELBOW CEILING FIRESTOP DVP PIPE ATTIC INSUL SHIELD FIREPLACE SUPPLIES CPA H/O STARTUP - CENTRAL PA INSTALLATION INSTALLATION Y ON PRICE, PIPE, AND RISBURG, 83 SOUTH TO 581 WEST /CARLISLE PIKE EXIT - AT LIGHT IN LEFT LANE - LEFT ONTO D. (TURNS INTO GOOD HOPE ITH RD. - PINEHURST ON RIGHT ALLED $4500.76 IT IS $1,058.00 \ C\.(lD Cl\-Sl~~ l (<(UO & STATE TAXES 01 be retwmed without authorizatioll. Past due accountS are subject 10 a service ch,,~pp n,....~ ~.._-- ~ . . /}lJ Invoice Number: B022652-IN Invoice Date: Page: 06/23/04 1 Customer Number: Our Order Number: Salesperson: STC: 22-ST54000 B015810 FW PA2 F.O.B. Terms YORK NET 30 DAYS Qty. Unit Price Amount 1 2,541.00 2,541.00 0 .00 .00 4 .00 .00 1 .00 .00 0 .00 .00 2 .00 .00 2 .00 .00 1 .00 .00 1 .00 .00 1 .00 .00 1 .00 .00 0 .00 .00 NET INVOICE: FREIGHT: SAT.!':,C: ","v. 2,541.00 .00 VERIFICATION 1, Robin Kendig, on behalf of Penn National Insurance, verify that the statements made in the Complaint are true and correct to the best of my knowledge. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. ~-.J ~ Robin Kendig Penn National Insurance Dated: C( 4,o)~ p -bg. (;::) In \\.. \ III - lI\ - <> C) 6" .J:::; "'\l lJ" -tJ ~ '\:y U'l r- - F Q L ;;;; -(.,U-' 1'-": \ ~ "~i; 'i~': ~~{~.::~ :r: 1:-: ~:-: () y'c:: 3. \\i~ c:J" -"-:--j-'1'". -rJ ~l5-~ -> :& to ~,~-{ <.f! ';;P .s;:- :;<:: ...,j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PENN NA TlONAL INSURANCE as subrogee of Elam G. Stoltzfus, Jr. Inc., Plaintiff, v. HNl CORPORA TlON and HEARTH & HOME TECHNOLOGIES, INC. tld/b/a FIRESIDE HEARTH & HOME, Defendants. CIVIL DIVISION No. 05-4836 Civil Term PROOF OF SERVICE OF COMPLAINT - HEARTH & HOME TECHNOLOGIES Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA l.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED 2 r-> 0 = e:.::) ~n CJ'l U) --t :!:.-n I-'.'~ r\lF~ ,) -nC:: ,,' -~l \..J 0 '3~~J, -'J- J~~: -,',.. '< r:? l,:-)rn c _'::..j >: ~..".. ---i I'~ :D -< -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. 05-4836 Civil Term Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INC. t1d1b/a FIRESIDE HEARTH & HOME, Defendants. PROOF OF SERVICE I, Christopher P. Deegan, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon Hearth & Home Technologies t1d/b/a Fireside Hearth by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Complaint was delivered on September 22, 2005, is attached hereto as Exhibit "A". I also verify that the statements in this Proof of Service are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.g 4904 relating to Unsworn Falsification to Authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: 9 . 011-tf5' Christopher P. eegan, Esquir Counsel for Plaintiff . Complete ttems 1, 2, end 3. PJso compiet<l ttem 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can relurn the card to you. . Attach this card to the back of the mallplece. or on the front if space pennit.. 1.~~t~.~ -t/'/'Ibl.~t-- ,<1..1. ~Sl'>' ~ ..,w,,7)ilJI, AJ .5SD "'I a Yes a No 3. service Type . Certified MslI a Express Mall a Registered a Return Receipt for Men:handloo a Insured Mall a C,Q,D, 4, Restricted DeIlve<y'1 (Extt8 Fee) a Yes 2. Article Number' <r_from-_ PS Form 3811, February 2004 7005 1160 0004 3415 3893 102595-02-M-114O Domestic Return Receipt EXHIBIT j It (' c <' "L.1["t o;L~ ~:- . 2/) c ~. -'- ~,-- ~:; (~j -~- () Pc Z =< "" .:.::;:~ .:;;;;;, en C) -i\ :71 ~";i (/) p "~ C f'<J ,~l f'.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. 05-4836 Civil Term Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INC. t/dlb/a FIRESIDE HEARTH & HOME, PROOF OF SERVICE OF COMPLAINT- HNI CORPORATION Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA l.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Firm #594 Two Gateway Center 14th Floor Pittsburgh, PA 15222 (412) 281-4541 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. 05-4836 Civil Term Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INC. t/d/b/a FIRESIDE HEARTH & HOME, Defendants. PROOF OF SERVICE I, Christopher P. Deegan, Esquire, counsel for plaintiff in the above-captioned case, hereby certify that a copy of the Complaint was served upon HNI Corporation by Certified Mail, Return Receipt Requested. A copy of the Return Receipt from such Certified Mailing, showing that the Complaint was delivered on September 22, 2005, is attached hereto as Exhibit" A". I also verify that the statements in this Proof of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A.S 4904 relating to Unsworn Falsification to Authorities. Respectfully submitted, WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY LLP Dated: 9. d-I-cJS St f\,f It I' . I '" t ' . Complete ttems 1, 2, and 3. Also complete ttem 4 if Restricted Delivery is desired. . PrInt your name and address on the reverse so that we can ret~m the card to you. . Attach this card tf'!hebeck of the mail or on the front n spac:~ permlts. 1.MIc..Addressedto: HAIl ~ ~/II ~tuT ~J..I:! . rnlUuh~, 11/ 5.1-7'1 A. D Agent D_ . Dat. of o.nv.y q-;L.J-~ D. Is delivery address d from Item 1? D Yes n YES, enter delivery address below: D No 3. Service Type 'II CertJfled Moll D Express Moll o Registered 0 Return _pt for Men:!lendI8o o Insured Mall 0 C.O.D. 4. Raatrtcted Dellvery'/ i&tra Fae) 0 Yes 2. Artlcte Number (Il'ansler from sarvfce-> PS Form 3811, February 2004 7005 1160 0004 3415 3886 Domeatic Return ReceIpt 10259S-02:.u..~540 EXHIBIT j A (') c ;(-:::. ..,-l;;J 'fUJ Z(,~ <.1'1- " :::""~. ...... c c= Co> u r '"'\ (..: C., .-\ -'l~ f';'\, :", '.;J .......;.:. PENN NATIONAL INSURANCE As subrogee ofElam G. Stoltzfus, Jr., Inc" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v, CASE NO.: 05-4836 HNI CORPORATION Civil Term and HEARTH & HOME TECHNOLOGIES INC., t/d/b/a FIRESIDE HEARTH & HOME Defendants NOTICE TO PLAINTIFF OF REMOVAL TO FEDERAL COURT TO PLAINTIFF AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that a Notice of Removal of this action was filed in the United States District Court for the Middle District of Pennsylvania, Harrisburg Division, on October 14, 2005. A copy of the Notice of Removal is attached to this Notice and served and filed herewith, PLEASE TAKE FURTHER NOTICE that, pursuant to 28 U.S.C, S 1446, the filing of the Notice of Removal in the United States District Court removes this action, and the above- captioned Court of Common Pleas may proceed no further. UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA HARRISBURG DIVISION PENN NATIONAL INSURANCE As subrogee ofElam G. Stoltzfus, Jr., Inc. Plaintiff, v. : CASE NO.: HNI CORPORATION and HEARTH & HOME TECHNOLOGIES INC.: tJd/b/a FIRESIDE HEARTH & HOMES Defendants NOTICE OF _~MOV AL OF ACTION UNDER 28 V.S.C. '1441(a) TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLA VNIA: PLEASE TAKE NOTICE that Defendants HNI CORPORATION ("HNI") and HEARTH & HOME TECHNOLOGIES INC., t/d/b/a FIRESIDE HEARlH & HOME ("ffiIT") hereby remove to this Court the state court action described below: I. On or about September 16,2005, an action was commenced in the Court of Common Pleas of Cumberland County, Pennsylvania, styled Penn National Insurance, as subrogee of Elam G. Stoltzfus, Jr., Inc. v. HNI Corporation and Hearth & Home Technologies Inc" d/b/a Fireside Hearth & Home, as Civil Action Case No. 05-4836,. for alleged negligence and breach of contract. 2. The first date upon which Defendants HNI and ffiIT received copies of said Complaint was September 22, 2005, when a copy of said Complaint was served upon them. A copy of the Complaint and all other documents served at that time is attached as Exhibit A. 3, This Court has jurisdiction over the above-described civil action pursuant to 28 D.S.C. ~1441(a) and 28 D.S.C. ~1332(a) because a. this Court has originaljurisdictiol1 under 28 D.S.C. ~1332(a) of all claims by the plaintiff, because this is an action between citizens of different states and the amount in controver.;:y exceeds the sum or value of $75,000, exclusive of interest and costs; b. As recited by the Plaintiff in paragraph 1 of its Complaint, Plaintiff Penn National Insurance ("Penn National") is a corporation doing business within the Commonwealth of Perulsylvania at P.O. Box 1364, Harrisburg, Pennsylvania 17105, and it is organized and existing under the laws of the Commonwealth of Pennsy Ivania; c. As recited by Plaintiff in paragraph 4 of its Complaint, Defendant HNI's principal place of business is located at "414 East Third Street, Muscatine, Iowa 52761." HNI is in fact an Iowa corporation, with its principal place of business located at 414 East Third Street, Muscatine, Iowa 52761, as evidence by the affidavit of Florence Pedersen, Assistant Secretary ofHNI, attached hereto as Exhibit B; d. As recited by Plaintiff in para.graph 6 of its Complaint, Defendant HHT's principal place of business is located at "20802 Kensington Boulevard, Lakeville, Minnesota 55044." HHT is in fact an Iowa corporation, which maintains its principal place of business at 20802 Kensington Boulevard, Lakeville, Minnesota 55044, as evidence by the 3 affidavit of Florence Pedersen, Assistant Secretary of HHT, attached hereto as Exhibit B; and e. This action is therefore prolX.Tly removable pursuant to 28 U.S.C. ~1441(a). 4. HNI and HHT are the only defendants named in the Complaint that has been served, and therefore the consent of no other party is required to remove this action. WHEREFORE, Defendants HNI Corporation and Hearth & Home Technologies Inc. respectfully request that this case proceed before this Court as an action properly removed. DATED: October/*2005 Respectfully submitted, Is! Lvnarme B. Wescott L YNANNE B. WESCOTT, #52928 THE WESCOTT LAW FIRM, PC 239 South Camac Street Philadelphia, PA 19107-5609 Phone: (215) 545-0324 Fax: (215) 545-0326 Counsel fol' HNI Corporation and Hearth & Home Technologies Inc. 4 Of Counsel: Coggins, Harman & Hewitt William N. Coggins, MD Bar No. 03222 8905 Fairview Road, Suite 600 Silver Spring, MD 20910 Phone: (301) 587-2880 Fax: (301) 495-4990 5 PROOF OF SER'~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF PIDLADELPHIA ) ) ss: I am employed in the County of Philadelphia, Commonwealth of Pennsylvania. I am over the age of eighteen (18) years and not a party to the within action. My business address is 239 South Camac Street, Philadelphia, PA 19107-5609. On October /4 2005, I served the doclilment described as NOTICE OF REMOVAL OJ!' ACTION UNDER 28 n.s.c. 11441(a) on counsel for the parties in this action, or on the parties in p1'Qpia persona.. addressed as follows: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Two Gateway Center 14th Floor Pittsburgh, P A 15222 [X ] BY MAIL: By placing true and correct copies thereof in individual sealed envelopes, with postage thereon fully prepaid, which I deposited with my employer for collection and mailing by the United States Postal Service. I am readily familiar with my employer's practice for the collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary ,course of business, this correspondence would be deposited by my employer with the United States Postal Service that same day. [ ] BY NEXT-DAY DELIVERY: Via Federal Express. I am readily familiar with my employer's practic<: for the collection and processing of correspondence via Federal Express. In the ordinary course of business, this correspondence would be dropped off at the Federal Express depository located at 6 , that same day. [X ] I declare under penalty of pe.rjury under the laws of the Commonwealth of Pennsylvania and the United States of America that the foregoing is true and correct. Executed on October J~ 2005 at 239 South Camac Street, Philadelphia, PA 19107-5609. I Is! Lvnanne B. Wescott L YNANNE B. WESCOTI, #52928 THE WESCOTI LAW FIRM, PC 239 South Camac Street Philadelphia, PA 19107-5609 L:\HeerthHomelStDltzfuslPldInou....Ai_.-aI.PennNatdoc 7 NOTICE OF REMOVAL EXHIBIT A . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc" Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INe. t/d/b/a FIRESIDE HEARTH & HOME, Defendants. ClVIL DIVISION No. COMPLAINT Filed on behalf of Plaintiff Counsel of Record for this Party: Christopher P. Deegan, Esquire PA 1.D. #85635 WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY, LLP Finn #594 Two Gateway Center 14th Floor Pittsburgh, PAl 5222 (412) 281-4541 JURY TRIAL DEMANDED . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElarn G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. Plaintiff, v, HNI CORPOR.I\TION and HEARTH & HOME TECHNOLOGIES, INC. tld/b/a FIRESIDE HEARTH & HOME, Defendants. NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you ",ish 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 anomey and filing in writing with the court your defenses or objections 10 the claims set forth against you. You are warned that if you fail 10 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 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, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone: (800) 990-9108 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENN NATIONAL INSURANCE as subrogee ofElam G. Stoltzfus, Jr. Inc., CIVIL DIVISION No. Plaintiff, v. HNI CORPORATION and HEARTH & HOME TECHNOLOGIES, INe. tld/b/a FIRESIDE HEARTH & HOME, Defendants. COMPLAINT AND NOW comes plaintiff, Penn National Insurance as subrogee of Elam G, Stoltzfus, Jr., Inc., by and through its counsel, Christopher P. Deegan, Esquire and Weber Gallagher Simpson Stapleton Fires & Newby LLP, and files the following Complaint: 1. Plaintiff Penn National Insurance as subrogee of Elarn G. Stoltzfus, Jr., Inc. is a corporation doing business within the Commonwealth of Pennsylvania at P.O. Box 1364. Harrisburg, Pennsylvania 17105, 2. Elam G, Stoltzfus, Jr" Inc. is a corporation duly organized under the laws of the Commonwealth of Pennsylvania with its principal place ofbusilless at 474 MDunt Sidney Road, Lancaster, Pennsylvania 17602. 3. At all times relevant hereto, Stoltzfus was the holder of a policy of insurance issued by Penn National which covered the property known and numbered as 1735 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania 17050 and th(: structure thereon. 4. Defendant, HNI Co1'pQration, is a corporation with its principal place of business at 414 East Third Street, Muscatine, Iowa 52761. . . 5. At all times relevant hereto, HNI did business and traded within the CDmmonwealth of Pennsylvania. 6. Defendant, Hearth & Home Technologies, Inc. tld/b/a Fireside Hearth & Home, is a subsidiary of HNI and has a principal place of business at 20802 KensingtDn Boulevard, Lakeville, Minnesota 55044. 7. At all times relevant hereto, Hearth & Home traded and did business within the Commonwealth of Pennsylvania. 8. At all times relevant hereto, Stoltzfus was the owner of the property known and numbered as 1735 Eliza Way, Mechanicsburg, Cwnberland County, Pennsylvania 1'7050 and the structure located lhereon. 9. Said structure was a model home located in the Pinehurst Hills development and was a two-story, single-family home bearing wood framed materials wilh a Dryvit and stone exterior. 10. The construction of said home was completed on or about September 15,2004 and was not occupied or under any sales contact. II. Defendants are in the business of manufacturing and installing indoor gas burning fireplaces. 12. Stoltzfus entered into a contract with defendants for the delivery and installation of two Heat-n-Glo gas fireplace systems including ventilation/chimney systems. 13. On or about October 1,2004 at approximately 10:45 a,m., following the prior use of the family room first-floor fireplace, a carpenter working in a nearby residence saw smoke coming out of the area of the roof at the chiDUley located on th,~ north side of the second-story level. . . 14. Subsequently, firefighters frDm the Hampton Township VolunteeT Fire Department arrived at the scene to find flames emitting from the roof surrounding the chimney located on the north side of the second-story level. 15. Despite suppression activities, the fire resulted in substantial destruction of the house and its contents. 16. The cause of the fire was the improper installation and assembly Df the chimney pipe vent for the gas burning fireplace located in the family room of the first-floor by the defendants and their employees and/or agents and/or representatives. COUNT I - NEGLIGENCE 17. Plaintiff incorporates by reference paragraphs 1 through 16 as if set forth in full herein. ] 8. At all times relevant hereto, defendants owed Stoltzfus a duty to properly install and assemble the subject fireplace and ventilation/chimney syswm. 19. Defendants were negligent in general and breached their duty of care owed to Stoltzfus in the following pmiculars: a. In failing to install and assemble the subject fireplace and ventilation/chimney system in a safe, proper and workmanlike manner; b. In failing to follow instructions Tegarding the installation of the fireplace and ventilation/chimney system; c. In failing to connect the second and third !lection of the vent pipe; d. In permitting a gap to exist between the second and third section of vent pipe; . . e. In failing to properly test and inSpl~ct the subject fireplace and ventilation/chimney systt:m; f. In violating the applicable standards, local ordinances and national codes including, but Dot limited to, NFP A guidelines; g. In allowing the improper separation of the vent pipe; h. In failing to properly supervise their employees andlor agents andlor representatives; I. In failing to properly train its employees andlor agents andlor representatives; J. In failing to properly protect Stoltzfus' property from the pDssibility of fire damage; k. In failing to properly test the vent pipe connections; 1. In failing to use proper parts, components and materials in the assembly and installation of the subject fireplace and ventilation/chimney system; m. In generally failing to install and assemble the subject fireplace ventilation/chimney system in a proper, safe and workmanlike manner; n. In failing to provide Stoltzfus with the standard of care owed to it under the existing circumstances. o. In acting in a careless, negligent and reckless manner; p. In permitting its employees to act or omit to act as described above in subparagraphs a through o. 20. As a sole, direct legal and proximate result Df the defendants' negligence as aforesaid, Stoltzfus has suffered the following damages: a. Destruction of the house; b. Destruction of and significant damage to the contents of the house; . . c. Damages associated with the cleaning, clearing and controlling the fire scene. 21, Said damages are in an amount in excess of $559,000,00. WHEREFORE, plaintiff, Penn National Insurance as subTogee of Elam G. Stoltzfus, Jr., Inc., demands judgment in its favor and against the defendants, HNI Corporation and Hearth & Home Teclmologies, Inc. tldIb/a Fireside Hearth & Home, in an amount in excess of this county's arbitration limits, exclusive of interest and costs. COUNT 11- BREACH OF CONTRACT 22. Plaintiff incorporates by reference paragraphs I through 21 as if set forth in full herein. 23. Defendants entered into a contract for the installation and assembly of the subject gas burning fireplace and ventilation/chimney system (See documents attached hereto as Exhibit A.) 24, Defendants breached the terms of the contract generally and in the following parriculars: a. In failing to foHow the specifications for the installation and assembly of the subject fireplace and ventilation/chimney system; b. In failing to install and assemble the subject fireplace and ventilation/chimney system in a proper and workmanlike manner; c. In failing to use competent employees andlor agents andlor representatives during the installation and assembly of the subject fireplace and ventilation/chimney system, . . 25. As a direct and proximate result of the defendants' breaches, Stoltzfus suffered damages in the form of the destruction of the home and its contents and damages associated therewith as is more fully described in the pTeceding paragraphs of this Complaint. WHEREfORE, plaintiff, Penn National Insurance as subrogee of Elam G, Stoltzfus, Jr., lnc., demands judgment in its favor and against the defendants, HN] Corporation and Hearth & Home Technologies, Inc. tJd/b/a fireside Hearlh & Home, in an amount in excess of this county's arbitration limits, exclusive of interest and costs. Respectfully submitted, WEBER GALLAGHER SL\1PSON STAPLETON FIRES & NEWBY LLP ~~f Counsel for Plaintiff . PURCHASE ORDER EGStoltzfus Homes 474 Mt. Sidney Road Lancaster PA 17602 Phone: (717) 393-0212 Fax: (717) 393-8924 Date: PARADE OF HOMES MODEL . April 8, 2004 Ship To: #770 Pinehurst Hills To: Fireside Hearth & Home Attn: Kathy Please ship the following: Installation, Mantle delv. & Start up: Per Site Managers Schedule DESCRIPT10ll PRICE Heatilator 1 ND3933 Includes: log Set log Rack lava Stone Interior brick look 1 Fan kit and fan speed control CUS77G-Pinehurst HiJlrLot 34--1735 Eliza Wav. 1 All BLACK ARCH FRONT Mechanicsbuf1!:. Hamoden TWD. Cumberland Co. ,- From Lanca5l:er, 283 toward H-burg. 635 to 581 W Unit wiring to wall boxes & take Rll11Carlisle Pk exit-at light L and stay in L - 1 lane. L onto Sporting Hill Rd (turns into Good HOP' Ref), l on Smith Rd-Pinehurst on R - 1 gas line dropped to basement for connection by others Mantle by others MARBLE TO BE HAND PICKED BY DUSTY 6" or 8" MYERS BEIGE MARBLE around all 4 sides of unit Side legs to extend to floor r - - ND3933 / flOOR /' EXHIBIT NO t1EARTH I A .I Hold for delivery call ! I , I mportant: Our job number must appear on invoices and packages. . !- -- ..:--.... Ordered by: Randy Reidenbach . PURCHASE ORDER EGStoltzfus Homes 474 Mt, Sidney Road Lancaster PA 17602 Phone: (717) 393-0212 Fax: (717) 393-8924 Date: PARADE OF HOMES MODEL . April 8, 2004 Ship To: #770 Pinehurst Hills To: Fireside Hearth & Home Attn: Judy Please ship the following: Installation, Mantle delv. & Start up: Per Site Managers Schedule DESCRIPTION PRICE HEAT N GLO 1 ESCAPE MODEl Includes: Log Set log Rack lava Stone Interior brick look 1 Unit wiring to wall boxes 1 gas line dropped to basement for connection by others 1 COPPER CHIMNEY TOP - REQUIRES FIELD MEASURE Mantle by others! Hold for delivery call ! ruc;77I)..pJnehuJ'Il HiJh..lot ~171~ RiD Way. ~:;;;: ......don Two. r.~horland Co. . From lanOtClI!f, 2831OW.rd H--burg, 835 to S8~ W & l3ke Rt 11/Carli.le PI< exiHl11ght l and stay In L lane, l ontO Sporting Hill Rd (turns into Good HQp: Rd), l on Smith Rd-Pine.nu1'5l on R. Important: Our Job number must appear on invoices and packages. 'f. _I.~___...:__^ Ordered by: Randy Reidenbach . . . . ~ 'I'.!"':,-;) f' " FIRESIDE HEAR'fHb-}-jOME INVOICE Remit Only To: Fireside Hearth & Home P.O. Box 75003 Baltimore, MD 21275 (717) 755-6252 Federal J.D. #42-116J782 lc)Y SOLD TO: ~ G STOLTZFUS HOMES 474 MOUNT SIDNEY ROAD 1~flCASTE2 FA 17602 Invoice Number: 3022118-IN LOT: 770 PINEHURST HILLS JOB 770 MECH."flIC5BURG Invoice Date: Page: OS/2Sji?J4 1 PA Customer Number: Our Order Number: Salesperson: STC: 22-ST54000 B015811 FW ?A2 :ustomer P.O. Date Shipped Ship Via RO.B. Terms OB 77flJ INSTALL YORK NET 30 DAYS Item No. Description Qty, Unit Price Amount :"ND3933 -. -. " N0\iU:5 DIRECT V2N7 !\IG 1 ?-~5. 20 7C15.{Z,0 ..;)"j SIN G.'U133884 1704 :"S:K4 :F.ZU.J FOR NE:W NOVUS/JUNCTION BOY - .00 .00 ::C,F.i:;33 FIXED .!I...."c(CH DOOR BK 0 185.00 .00 SBE57X8 BEIGE NATiJF_~L 57 X 8. 0 .00 .20 3B337.25X7 BEIGE NATURAL 37.25 X 7 0 .00 .00 1DVP-TRAPK1 TOP VENT HORZ TERM KIT #1 1 .1110 .00 I.DVP4 4 " VENT PIPE 1 .1110 .00 LDVP6 6" VENT PIPE 1 ,00 .00 FP-SUP22 FIREPLACE SUPPLIES CPA 2 .010 .100 STARTUP22 H/O ST.l>,RTUP - CENTRAL PA 1 .010 .010 3INSTP-_Ll.HAL INST.!tLlJl.TION 1 1510.00 150.1010 lq~ 10 CJ.J.. STID it.d u b 'iCLUDES )l.LL E l;o & STATE TAXES NST :i:NVOICE, 855.00 FF.EIGHT: ,100 "'l'T'C"'= "'....r. 01:/'1 ,:.....\ "...." , , '. ?:" .', , FIRESIDE .;; EAR'iH (...H OM E SOLD TO: . INVOICE Remit Only To: Fireside Hearth & Hom" P.O. Box 75003 Baltimore, MD 21275 (71 7j 755-6252 Feckral ID. #42-]]6]782 E G STOLTZFUS HOMES 474 MOUNT SIDNEY ROAD LANCASTER PA 17602 LOT: 770 PINEHURST HILLS JOB 770 MECH1>.NICSBURG ::;ustomer P.O. )3 770 PINEHU Item No, ESCAPE-36DV IN 002519918 WP-TV WP 4 8 WP 3 6 iL-F3 lVP45 'VP-FS VP-AS -SUP22 ARTUP22 ~STALLHAL ~STALL ~CK WITH DU tING I TOWARDS I TAKE RT 1 'T AND STAY RTING HILL , LEFT ON T PRICE IN 8L HOME CR roES ALL PA Date Shipped Ship Via OS/24/04 INSTALL Description ESCAPE DIRECT VENT CV7 VERTICAL TERMINATION CAP 48" VENT PIPE 36" VENT PIPE CHASE COVER 4x8x8 3/4' 45 DEGREE ELBOW CEILING FIRESTOP DVP PIPE ATTIC INSUL SHIELD FIREPLACE SUPPLIES CPA H/O STARTUP - CENTRAL PA INSTALLATION INSTALLATION ON PRICE, PIPE, AND RISBURG, 83 SOUTH TO 581 WEST ICARLISLE PIKE EXIT - AT LIGHT IN LEFT LANE - LEFT ONTO D. (TURNS INTO GOOD HOPE ITH RD. - PINEHURST ON RIGHT ALLEn $4500.76 IT IS $1,058.00 c~~l1:J \ a-(OU TAXES ~:1 be ~tt\l~ wilnoltlllr..'thor.:t.ll;c.n. Put dw!: aceolmU vt 'lIbjd to II $tr>'i~~ ch~....... ~.." .~ -- h' < ~ . ,C lIlc:hJde.ii"l'.,,;..~ ",,~1-,..nJ. . "7 /1, \ J I ' Invoice Number: B022552-IN Invoice Date: Page: 06/23/04 1 Customer Number: Our Order Number: Salesperson: STC: 22-ST54000 B015810 E'W PA2 F,O.B. Terms YORK NET 30 DAYS Qty. Unit Price Amount 1 2,541.00 2,541.00 0 .00 .00 4 .00 .00 1 .00 .00 0 .00 ,00 2 .00 .00 2 .00 .00 1 .00 .00 1 ,00 .00 1 .00 .00 1 .00 .00 0 .00 .00 NET INVOICE: FREIGHT: S.t\.T.~~ rro1'\ov. 2,541.00 .00 , . . . . VERIFICATION I, Robin Kendig, on behalf of Penn Nationallnsurance:, verify that the statements made in the Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. '-~....JL-.,,----- Robin Kendig Penn National Insurance Dated: Ci. '''''0)- NOTICE OF REMOVAL EXHIBIT B __",-"""".,,~,,_~,'.-.'-',~._.~~n;';'"-_,,~~.,~,.;.L., -. _'.- UNITED STATES DISlRICT COURT FOR TIIE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG DIVISION PENN NATIONAL INSURANCE As subrogee ofElam G. Stoltzfus, Jr., Inc. Plaintiff, v. : CASE NO.: HNI CORPORATION and HEARTH & HOME TECHNOLOGIES INC: tJd/b/a FIRESIDE HEARTH & HOME Defendants AFFIDAVIT OF FLORENCE E. l'EDERSEN STATE OF IOWA COUNTY OF MUSCA TINE FLORENCE E, PEDERSEN, being duly sworn, deposes and says: .A' -"~~,"",","""='.........._",..,""".;.,,,,-,-,,,,",",,,.~.,,. ~_...." 1. I submit this Affidavit in support of Defendants HNI Corporation and Hearth & Home Technologies Inc.'s Notice of Removal of Action, pursuant to 28 U.S.c. ~ 1441(a). 2. I am the Assistant Secretary of the Defendant, HNI Corporation ("HNI"), and I am the Assistant Secretary of the Defendant, Hearth & Home Technologies Inc. I am authorized to submit this Affidavit in support of said Defendants' Notice of Removal of Action. 3. I am under no mental disability and I am competent to testify, and do testify from personal knowledge as to the facts set forth in this Affidavit. 4. Defendant HNI Corporation is an Iowa corporation with its principal offices located at 414 East Third Street, Muscatine, Iowa 52761. 5. Defendant Hearth & Home Technologies Inc. is an Iowa corporation with its principal offices located at 20802 Kensington Boulevard, Lakeville, Minnesota 55044. DATED: October f ,2005 I HEREBY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY AND UPON PERSONAL KNOWLEDGE THAT THE U. i i . , FACTS AND MATTERS SET FORTII IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. ~~@~ FLORENCE . PEDERSEN I HEREBY CERTIFY that on this t{tb _ day of October 2005, before me, a Notary Public of the State of .....:.TMAJtJ... , County of /111 u. <, (l a {-; Yl e. , personally appeared in the aforesaid State and County, FLORENCE E. PEDERSEN, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing Affidavit and declared and affirmed under the penalties of perjury that the facts and matters contained in the foregoing affidavit are true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My Commission Expires: 6/16/0'6 ~ .01' .IEIIIIIIIIG CGmnission IlumIler ~ . My , . 3 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ) ) ss: I am employed in the County of Philadelphia, Commonwealth of Pennsylvania. I arn over the age of eighteen (18) years and not a party to the within action. My business address is 239 South Camac Street, Philadelphia, PA 19107-5609, ! }li On October ,2005, I served the document described as AFFIDAVIT OF FLORENCE E, PEDERSEN on counsel for the parties in this action, or on the parties in propia persona, addressed as follows: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Two Gateway Center 14th Floor Pittsburgh, P A 15222 [ X J BY MAIL: By placing true and correct copies thereof in individual sealed envelopes, with postage thereon fully prepaid, which I deposited with my ernployer for collection and mailing by the United States Postal Service. I am readily familiar with my employer's practice for the collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, this correspondence would be deposited by rny employer with the United States Postal Service that same day. [ J BY NEXT-DAY DELIVERY: Via Fede~raJ Express. I am readily familiar with my ernployer's practice for the collection and processing of correspondence via Federal Express, In the ordinary course of business, this correspondence would be dropped off at the Federal Express depository at that same day. 4 [ X] I declare under penalty of perjury unde'r the laws of Commonwealth of Pennsylvania and the United States of America that the foregoing is true and correct. Executed on October J4, 2005 at 239 South Carnac Street. Philadelphia, PA 19107-5609, /s/ Lynanne B. Wescott L YNANNE B. WESCOTI, #52928 THE WESCOTI LAW FIRM, PC 239 South Camac Street Philadelphia, PA 19107-5609 L : \1 lcarthllome"lSlollZfus\Pld\a.ff.Pe4ersen. Pe.nnNal..doc. 5 UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYL VANIA HARRISBURG DIVISION PENN NATIONAL INSURANCE As subrogee ofElam G. Stoltzfus, Jr., Inc.. Plaintiff, v. : CASE NO.: HNI CORPORATION and HEARTH & HOME TECHNOLOGIES INC: tld/b/a FIRESIDE HEARTH & HOMES Defendants CERTIFICATION OF FILING The undersigned, L Y ANNE B. WESCOTT, ESQUIRE, counsel for Defendants HNI CORPORATION and HEARTH & HOME TECHNOLOGIES INC., tld/b/a FIRESIDE HEARTH & HOMES, certifies that all filings in the State Court action (Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term Case No. 05-4836) have been filed in the above-captioned matter. DATED: October!~ 2005 Respectfully submitted, Is! Lvnanne B. Wescott L YNANNE B. WESCOTT, #52928 THE WESCOTT LAW FIRM, PC 239 South Camac Street Philadelphia, PA 19107-5609 Phone: (215) 545-0324 Fax: (215) 545-0326 Counsel for HNI Corporation and Hearth & Home Technologies Inc. Of Counsel: Coggins, Harman & Hewitt William N. Coggins, MD Bar No. 03222 8905 Fairview Road, Suite 600 Silver Spring, MD 20910 Phone: (301)587-2880 Fax: (301) 495-4990 PROOF OF SERV~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF PIDLADELPHIA ) ss: ) I am employed in the County of Phil add phi a, Commonwealth of Pennsylvania. I am over the age of eighteen (18) years and not a party to the within action. My business address is 239 South Camac Street, Philadelphia, PA 19107-5609. , On October N 2005, I served the document described as CERTIFICATION OF FILING on counsel for the parties in this action, or on the parties in propia persona. addressed as follows: Christopher P. Deegan, Esquire Weber Gallagher Simpson Stapleton Fires & Newby LLP Two Gateway Center 14th Floor Pittsburgh, PA 15222 {X] BY MAIL: By placing true and correct copies thereof in individual sealed envelopes, with postage thereon fully prepaid, which I deposited with my employer for collection and mailing by the United States Postal Service. I am readily familiar with my employer's practice for the collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, this correspondence would be deposited by my employer with the United States Postal Service that same day. [ ] BY NEXT-DAY DELIVERY: Via Federal Express. I am readily familiar with my employer's practice for the collection and processing of correspondence via Federal Express.. In the ordinary course of business, this correspondence would be dropped .off at the Federal Express depository located at , that same day. 3 [X ] I declare under penalty of peIjury under the laws of the Commonwealth of Pennsylvania and the United States of America that the foregoing is true and correct. Executed on October I~ 2005 at 239 South Camac Street, Philadelphia, PA 19107-5609. I Isl Lvnanne ij. Wescott L YNANNE B. WESCOTT, #52928 THE WESCOTT LAW FIRM, PC 239 South Camac Street Philadelphia, PA 19107-5609 L: IHearthIlomelS"'ltzfusIPldlcertfilinSPennNst.doc 4 f) "-., '..-:-;' 0 ;;;.:::J --q '::.i' 0 ..... c' :r -~ --J .,. , :1 ;..;~ .r.- :~ .-( -.::