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Home My WebLink About97-01371 III \l "- ~ \l I: ~ .1Il ~ '-= ~ . 0--.. .. "> . .. \ , ;' / .-/ / ( I I . ::I .- ,.; r '\. \, I , , \ , :~:':~,- I'" ::c~~;, ~~f .:~i '~'>~{f,r~ ":(~, ',-;f. , ';' ,-~ >--""; -,; -',- -? ,,' l' :~ , , I I -, ----ce';' .' ~f~ .:'--'; " ",'1 , y;Sj d .~ % " .,,~:- \~""" . '\ ",' , , . II. STATEMENT OF THE CASE: To avoid being redundant, Moving Defendant hereby reincorporates the averments in their Motion for Leave to Join the Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc" as if the same were more fully set forth herein at length III. ARGUMENT: The law in Pennsylvania is well settled with respect to Joinder of Additionnl Defendants, Pennsylvania Rule of Civil Procedure 2252(a) provides a Defendant or Additionnl Defendant may join, as an Additional Defendant any person, whether or not a party to the action, who may be: (I) Solely liable on the Plaintiffs cause of action, or, (2) Liable over to the joining party on the Plaintiffs cause of action, or, (3) Jointly or severally liable with the joining party on the Plaintiffs cause of action, or, (4) Liable to the joining party on any cause of action arising out of the transaction or occurrence or series of transactions or occurrences upon which the Plaintiffs cause of action is based, Gordon v, Sokolow, 434 Pa, Super. 208, 642 A.2d 1096 (1994), Additionnlly, Pennsylvania Rule of Civil Procedure 2253 states, in pertinent part, "except as provided by Rule 104I,I(e), neither Praecipe for a Writ to Join an Additional Defendant, nor a Complaint if the Joinder is commenced by a Complaint, shall be filed by the Originnl Defendant or an Additionnl Defendant later than 60 days after the service upon the Original Defendant of the initial pleading of the Plaintiff or any amendment thereof unless such filing is allowed by the Court upon cause shown," Exton Develooment v. Sun Oil Co. ofPennsvlvania. 363 Pa. Super, 17, 525 A.2d 402 (1987), Finally, the burden of demonstrating sufficient cause to allow late joinder of an Additional Defendant rests with the Defendant, who must establish some reasonable justification for its delay. Kovalsky v, Esther Williams Swimminu Pools, 345 Pa, Super, 95. 497 A.2d 661 (1985). Neither Rule 2253 nor the Supreme Court has defined sufficient cause for late joinder. but it has been suggested that a Court should be guided by the objectives sought to be achieved by the Additional Defendant procedure, Zakian v. Liliestrand, 438 Pa. 249, 264 A.2d 638 (1970). The Superior Court. however, has stated that, in addition to showing a proper grounds for joinder, a party requesting late joinder must show: (1) Some reasonable excuse for the delay, and, (2) that the original Plaintiff will not be prejudiced by the late joinder. See NPW Medical Center v. LS Desiun GrouD, p, C.. 353 Pa, Super. 341, 345, 509 A.2d 1306, 1308, 1309 (1986), "[W]hether sufficient cause has been established so as to permit an extension of time is a matter resting within the sound discretion of the trial court, whose decision will not be disturbed [on appeal] absent and abusive that the discretion," NPW Medical Center, supra., 353 Pa, Super, at 345. 509 A.2d at 1309. When determining whether or not to grant a late joinder, the trial court must keep in mind the goal of Rule 2253 and other rules pertaining to the joinder of Additional Defendants is "to provide a means to simplifY and expedite the disposition of matters involving numerous parties..." Zakian. supra, 438 Pa, at 256,264 A,2d at 641. Although the Supreme Court has not defined sufficient cause for late Joinder. b'llidance can be found in Goodrich Amram 2d, Standard Pennsvlvania Practice. Specifically, Section 2253:7 & 2253:8 states that the Courts have allowed Joinders beyond the 60 day time limit where: The same testimony and the same witnesses would be called in P v D I and D I v D2, and where no prejudice to D2 could be shown, the joining party did not know and had no reason to know, that he might have a right of action over against the Additional Defendant, until this was developed as a result of substantial and timely discovery, and the application for extension of time was made promptly after the joining party learned of the proposed Additional Defendant, and excuse for the delay was shown. trial would not have been delayed, and the petition discloses a basis for the joinder, Finally, the Pennsylvania Supreme Court has said that "[b]efore the Defendant can ask the Court to help him secure a just, speedy and inexpensive determination of the suit by permitting late Joinder, he must have acted expeditiously himself," Zakian, supra,. 438 Pa, at 256, 264 A2d at 641. With these well established principles in mind we turn this Honorable Court's attention to the case at bar in order to show that the Moving Defendants Leave of Court to Join proposed Additional Defendant, Rockwell Farms and Nitterhouse Concrete Products, Inc" should be granted, The facts of the instant case are that the Plaintiff alleges property damage as a result of the malfunctioning of a sump pump which allowed water to enter into the basement by, through and/or around the concrete wall in which the sump pump was attached, As a result of this incident, the Plaintiff is alleging that the Moving Defendant was negligent in failing to install and/or fitting a pipe through a basement wall which permitted water to flow from the outside wall into the basement floor, It is the Moving Defendant's contention that a written contract existed between the Moving Defendant and the proposed Additional Defendant. Nitterhouse Concrete Products, Inc" dated March 7, 1993. Pursuant to the terms of this contract, the proposed into the basement floor. It is the Moving Defendant's contention that a written contract existed between the Moving Defendant and the proposed Additional Defendant, Nitterhouse Concrete Products, Inc" dated March 7, 1993, Pursuant to the terms of this contract. the proposed Additional Defendant pleaded certain work in the basement area, including but not limited to brick ledging, concrete pads, wall ties and other work that made him involve the installation and/or fitting of the pipe through the basement wall where the PlaintilT alleges the damage to have originated from, It is also the Moving Defendant's contention that as Rockwell Farms was the subsequent owner and/or purchaser of the property from the Moving Defendant and the prior owner and/or seller of the home to the Plaintiff, their activities in some way affected the sump pump and/or basement wall so as to cause the damage alleged in the Plaintiff's Complaint. It is also noted that as required by the previously mentioned rules and case law, the Moving Defendant is able to demonstrate that no prejudice to the parties will occur and the trial of this matter would not be delayed. This is demonstrated in that, with the exception of the testimony of a witness from the proposed Additional Defendant, all of the witnesses will be the same, The Plaintiff and a representative of the Moving Defendant will still undergo deposition testimony and will testifY at trial, The evidence used by the parties will be the same if the proposed Additional Defendants are joined as if the Additional Defendants were not joined. No party, or proposed party, would be prejudiced by this joinder. As stated previously, this case is in the initial stages of written discovery, No depositions have been scheduled or taken as of this time, If this joinder is permitted, the Moving Defendant will timely provide the Additional Defendants with all pleadings and copies of the written discovery that has been exchanged in this case. This will further ensure that this case can proceed in a diligent manner and prejudice will not exist if this joinder is granted. ~ . I. On !\'Iny 28. 1997, thc Plainlil1$. John Sancenitn and Slllrl~y Sanc~nitcl. his wife, tiled a Complaint uhow ugninsl thc i1uu\'c-l'nplill/wd olll\in,lIDefendant. alleging inter alia. negligence: which resulted in prop,~I1Y damage at the I'laintifts' place of residence. WilhoUl <ldmiuing thc tmth ofPlailllifts' allegations, a Il1le and cmrecl copy ofPlaintill's' Complaint is <luached hcrcto as Exhihit "A" and made a pnrl hereof 2. Original Defendant, Sigman's Home Sales. has denied any and all allcgations as to thcmselves J On June 29. 1997. a Pracclpc for a Writ to Jt1in Additional Dd;:ndi\l1ts, John T. Ziegler; Rilz-Crall Corporation of I'll . Inc. allll John Sheril1'indi\'idually d/b/a ShclitrBuildcrs. Inc. was fil~d, ~ On Nn\'ember 6, 1997, Moving Defcndants tiled Thud Pany Joinder Complaint against the Additionul Defcndant, John T. Ziegler, Ritz.Craft Corporation of I'a, Inc. and John Sheriff, individually dJlJ/a Shcriff Iluilders. Inc 5 Through subsequcnt cnmmunications With counsc:l fmlhe Additiullill Dclclldant, Jllhn T. Ziegler, it wus dc:tclluincd Ihat the Additil1nal Defendant. Jnhn Zielller, was mlllhe prcvious owncr of the pruperty in which Ihc Plalllutrs curr,~ntly resld~. hut rather, the previous owner was dctermined to he an entily known as Rockwell Fanns (, Thruugh a subscqucnt Stipulation of Cnunsc:l, all \.'Ounscllo this action ugreed to dismiss John T. Ziegler as an Additional J)~femlant from this particular action, Said Stipulation is currently ill circulation at the timc of thc tiling of this motion, 7, Through a recent COll\'C1Siltion "ilh counsel tilr AdlhlwnalDefclIdant, John T Zielller's ollic.:. the .1ddress "fRockwclll'arll1~ was d~termilled, ILo'l . 111.n",-j _1" 'Ill IIH 11,1.:/(111:'( :,:t:., .)) d.jl:l J 8, During a recent client conference, the attorney for Moving Defendant discovered the potential liability of the proposed Additional Defendant, Nitterhouse Concrete Products, Inc" which was confinned through a written contract for the delivery and installation of superior walls; brick ledging, column pads and other items believed to be involved with the concrete wall surrounding the sump pump alleged in the Plaintiff's Complaint. 9. It is the Moving Defendant's contention that this written contract between the Moving Defendant and the proposed Additional Defendant, Nitterhouse Concrete Products, Inc" demonstrates that the proposes Additional Defendant completed concrete work in the exact location where the Plaintiff alleges the incident to have occurred, It is the Moving Defendant's contention that as the previous owner and seller of the property to the Plaintiffs, Rockwell Farnls may have altered or in other ways acted negligent in causing the damage alleged in Plaintiff's Complaint, in between the time that the Moving Defendant sold the property to John Ziegler until the time that proposed Additional Defendant, Rockwell Fanns, sold the property to the Plaintiffs, 10. If the allegations of the Plaintiff's Complaint are proven at trial, Moving Defendant believes and avers that the proposed Additional Defendants, Rockwell Fanns, and Nitterhouse Concrete Products, Inc" are jointly or severally liable on the Plaintiff's cause of action against Moving Defendant, or are liable over to the Moving Defendant for full indemnity and/or contribution for such loss, damage andlor court costs, as Moving Defendant may suffer as a result of the subject action. II, The allowance of this Motion to Join Additional Defendants, Rockwell Fanns and Nitterhouse Concrete Products, Inc" will pennitthe liabilities of various parties to be heard and , determined at the same time, thereby avoiding the multiplicity of cases and fostering judicial economy. 12, Moving Defendant would be severely and adversely prejudiced by denial of this Motion, as the Moving Defendant has a good and meritorious action against proposed Additional Defendant, Rockwell Farms, and Nitterhouse Concrete Products, Inc. 13. The proposed Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc, would not be prejudiced by their joinder to this matter, since the facts which form the basis of liability against the Moving Defendant is a simple, straightforward negligence claim as demonstrated in the Plaintiff's Complaint. 14, If this Honorable Court grants the Moving Defendant's Motion to Join Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products. Inc" the Moving Defendant will provide copies of all pleadings and discoverable materials which have been generated to date, to the Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc, 15, As of the date of this Motion, no oral depositions have been scheduled or taken, 16. As of the date of this Motion, written discovery has been propounded by the Moving Defendant, however, responses have not been received, 17, As of the date of this Motion, the Plaintiff has not propounded written discovery upon the Moving Defendant. 18, The Plaintiffs will not be prejudiced by the joinder of the proposed Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc, 19, Moving Defendant's Motion to Join Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc,. should be granted based on the following: (a) With the exception of the testimony of the proposed Additional Defendants, the same testimony and/or witnesses will be called in the Plaintiff's case against the Moving Defendant. (b) Counsel for the Moving Defendant took appropriate actions in a prompt manner after concrete evidence was secured of the proposed Additional Defendants' presence and/or affiliation with the exact location where the Plaintiff alleges the incident to have occurred; (c) The within Motion clearly discloses a basis for joinder, specifically due to the written contract which existed between the Moving Defendant and the proposed Additional Defendant, Nitterhouse Concrete Products, Inc., as set forth in Exhibit "8", (d) The within Motion clearly discloses a basis for joinder, specifically due to the error in joining the party believed to be the owner, however, timely joinder is being attempted after the true and accurate prior owner ofthe property was discovered, (e) A copy of the proposed Complaint joining Additional Defendants, Rockwell Fanns and Nitterhouse Concrete Products, Inc., is attached hereto as Exhibit "C". WHEREFORE, Moving Defendant, Sigman's Home Sales, requests this Honorable Court to grant the within Motion and to permit the filing of a Joinder Complaint by the Moving Defendant against the proposed Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc, C S OF RALPH F, TOUCH by: ffrey S, Lee. Esquire ttorney for Moving Defendant 5. On or about January of 1996, the Plaintiffs herein did sustain considerable water damage to the basement of their home, which said water damage resulted in the distruction of personal property as well as causing damage to the home itself. 6. An estimate of the cost to repair and also an itemization of the damage is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A, representing an April 1, 1996, proposal from Tuckey Restoration, Inc., the said proposal designed to more fully set forth the nature of the damage that was done to the home as a result of the water. 7. In addition to the aforementioned, the following items were damaged, which constitutes personal property in the home: A. new sump pump B. Hot water heater repair C. Furnace checked and cleaned D. Pump rental (to remove water in basement) E. Hotel room F. Microwave stand G. Fish tank and stand H. Closed circuit monitor I. Two (2) oriental rugs J. Two (2) VCR's . K. Miscellaneous items 8. As a result of the aforementioned water damage in the home, the plaintiffs herein have sustained a total in terms of costs of repair and damage of $8,205.18. 9. The aforementioned damage and the aforementioned costs of repair and costs of replacement of damaged property and the water in the basement of the home was a direct result of the Defendant's, through it agents, employees and servants, construction of the home as follows: A. During construction of the home, Defendants did install a sump pump, that required a pipe which was fitted through the wall of the basement. B. The aforementioned pipe in the wall was not properly secured in that it allowed water to come in from the outside into the basement. c. The pipe in the wall was not done in a workman like condition. D. The construction of the pipe in the wall permitted water to flow from the outside through the wall into the basement floor. E. otherwise negligently and carelessly constructed the sump pump and the placement of the pipe through the wall. Apnll, 1996 Mr. 10hn C1nceuito 51g W, Old York Road CarIWc, PA li013 SUBJEcr: SUUcture Damage Dear Mr. Cana:ni1O: P,O. BOX 9 CAAU5LE. PA 17013-0009 (717) 249.1535 (717) 249-3076 (FAX) , We. at Tuckey'S: arc pleased lO provide you willi a proposal on renovating your bome as outlined bcI11IV. The price stnIcture and jon s<:opc is as per our intcrprelluion of lho request 0 lho owner as outlined verbally and in document form; Nothing beyond what is spccilicaJly mentioned should be assumed inclusive in this bid. JOR SCOPF.' BJlvmP.ft~ 1. RepaJr '" bole in block wall near sump pump, 2. Remove and replace one (1) sheet or foam insulation. lh1l!rin~ 1. Excavate a swaJe near lho bilco cclIar doors to allow the water lO run away from the house. 2. Build up bilco door with one (1) or two (2) courses of block. This will prevent the water from running in. ~tnf",:J~. 1. RepaJr crncks in drywalL 2. Paint walls and a:iling with one (1) coat or pain!. ~ 1. Repair c:rncks in drywalL 2. Paint walls and a:iling with ODe (l) coat of pain!. .IIaII: 1. RepaJr c:rncks in drywall. 2, Paint walls and a:iling with ODe (1) coat ofpainL Dlntn! Rnnm- 1. RepaJr cracks in drywalL 2. Paint walls and a:iling with ODe (1) coatofpainL Liviny Rrvtmo 1. RepaJr c:rncks in drywalL 2. P:lint walls and a:iling with one (1) coat or painL - An Equal Opportunity Employs, - EXHIBIT A , NITTERHOli, CONCRETE ~ PROOUC 1~ BOI N. Chambmburg. PA 17201.0813 . 717-267-4505 0 FAX 717-267-4518 PROPOSAL/CONTRACT / , ".-.- NAME (.!/._"'~ ~,"'... S;1t'J 'I' ADDRESS )"0 jJ".." , 71/,,,,(. )(.,.ft~ . f CITY C4/1,14- STATE r/l ZIP/7d1J DATE dnA ~ /flj ACCOUNT # (r7.V~JI. -:-,) , Nltterhouse For the total contract price of r'#v'~ f..;L"""".../ ,..,J'",~ ./do., n6/fi-t'f Concrete Products, Inc., proposes to furnish. deliver and Insf.(lIthe following materials: ftyll"''''' MIa. Yo c;.,/,'.rt:. I C"".,j.ul" ~~ (0" !'='// AS PER THIS DESCRIPTION: f1;1"/f)t,'"",#j(1" "..~ Ir,,~~,/ r:11r..',,,, (Iff)!;,' I ,,! f';.'.I S.I'''''~ t..l,,11 ?"NIr,.t:. rl..-h/ f;,. <,Ik j;!/v....:...t: fJd/.sj 7o'SI'"",, / '(.JI,';:~.v I ... ". ~~''''''''''At,,, 7,1:"":2:';' ;y", (I )I'.,--~.,f./"i ,~"~4',,'I....., ~tJ f;J,) I)"..(,,~ ,)'>'..4/"".f' 1",."/,,,/ r:/'j" ,,.....'" "f),!{t;~~ ,,( ~,d t.",. "'." vAil '/.1'1, J)K (6) Cd/.""',' /"r.I.J.... 4.,,/ "",,1"1/ k<,""u,' .....','( tv"f, \""'l, r/'f'// ),.1'"..,... /V4//.s- .:,/ ""A."'';;O/',..'~ w,Jtt'o t,)dKJ "'-;;4n'l 2l".,~ ";..,,,,:-, '0' ,;",1 /1... ""'U'/ fV.J//. ;':/" ,..,.nh, THIS PROPOSAL IN ITS ENTIRETY IS VAUD FOR THIRTY (30) DAYS FROM THE ABOVE DATE. CUSTOMER MUST FOLLOW PROCEDURES USTED ON SUPERIOR WALLS BUILDER SITE PREPARATION SHEET AND MUST PROVIDE ACCESS TO AND FROM JOB SITE SO THATTHE TRUCKS AND CRANE CAN MOVE FREELY UNDER THEIR OWN POWER, IF ADEQUATE ACCESS IS NOT PROVIDED OR IFTHE NCP ERECTION CREW IS REQUIRED TO LAY OUTTHE BASEMENT, AN ADDITIONAL CHARGIL OF TWO HUNDRED DOLLARS ($200,00) PER HOUR WILL BE ASSESSED, ~I .70q/~.r TERMS OF PAYMENT: , , 4', r...~1 """II, , r_loooII..or4ltllr-lallDDlodut-G~D.....l'..,..aL...l-lli.glytll-t~-tht-dfliYfl"f ACCEPTANCE: The Signe~~~~e purchaser and by an authorized representative of Nlllerhouse Concrete Products const~utes a contract to purchase In accord with the price, terms and conditions herein and attached hereto. AccePted.~ Title Respectfully sumllted NITTERHOUSE CONCRETE PRODUCTS, INC, ~ ~L.~ /' '""" . -' _'L. ~_~ ~ n r'{ (".;I",,./'''~,.;.~.....e ,/ , Accepted as a contract for Nlllerhouse Concrete Products, fnc, Purchaser, . . , " , /' / ~ . ,.~ ,.'. B ,.'. .,../ (,,1/ -:"n't-....._. / Dale Title '" .. - Date " --...--- .._-_. LA W OFFICES OF RALPH F. TOUCH By: JelTrey S, Lee, Esquire Attorney I.D, No, 69952 40 I Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320.4248 Fax 610-320.4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and Shirley Sancenito, his wife PLAINTIFFS, VS, Vs, ) ) ) ) ) ) ) ) ) ) ) ) ) NO, 97.C.1371 CIVIL DIVISION Sigman's Home Sales, DEFENDANT. Rockwell Farms and Nitterhouse Concrete Products, Inc. ADDITIONAL DEFENDANTS THIRD PARTY JOINDER COMPLAINT OF DEFENDANT. SIGMAN'S HOME SALES Original Defendant, Sigman's Home Sales. by and through its attorney. Jeffrey S, Lee, Esquire, tiles the filing Third Party Joinder Complaint against the Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc" and avers as follows: \, On May 28, \997. the Plaintiffs, John Sancenito and Shirley Sancenito. his wife. filed a Complaint above against the above.captioned original Defendant, alleging inter alia. negligence which resulted in property damage at the Plaintiffs' place of residence, Without admitting the truth of Plaintiffs' allegations, a true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A" and made a part hereof. 2, Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves, 3. On June 29. 1997. a Praecipe for a Writ to Join Additional Defendants. John T, Ziegler; Ritz.Craft Corporation ofPa,. Inc,. and John Sheriff individually d/b/a Sheriff Builders. Inc. True and correct copies of the Praecipes for Writ to Join Additional Defendants are auached hereto as Exhibit "B" and made a part hereof. 4, On November 6, 1997. Moving Defendants tiled Third Party Joinder Complaint against the Additional Defendant, John T. Ziegler. Ritz.Craft Corporation ofPa" Inc, and John Sheriff, individually d/b/a Sheriff Builders, Inc, 5, Additional Defendant. Rockwell Farms is believed to be a Pennsylvania General Partnership with its principle place of business located at 19 Brookwood Avenue, Carlisle, PA 17013, 6, Additional Defendant. Nitterhouse Concrete Products, Inc., is believed to be a Pennsylvania Corporation with its principle place of business located at Box N, Chambersburg. PA 17201.0813, 7. The Third Party Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products have been joined herein to protect the rights of the pleading Defeniant. Sigman's Homes Sales. to contribution, express indemnity. implied indemnity. as well as common law indemnity, and pleading Defendant. Sigman's Home Sales. avers that said Third Party Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc.. are liable over to the pleading Defendant for full indemnity andlor contribution for any loss, damage. and/or court costs as the pleading Defendant may suffer as a result of the allegations in the Plaintiffs Complaint, 1. On May 28, 1997. the Plaintitls, John Sancenito and Shirley Sancenito, his wife, tiled a Complaint above against the above.captioned original Defendant, alleging inter alia. negligence which resulted in property damage at the Plaintiffs' place of residence, Without admitting the truth of Plain tilTs' allegations, a true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "Au and made a part hereof. 2, Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves, 3. On June 29, 1997, a Praecipe for a Writ to Join Additional Defendants, John T. Ziegler; Ritz-Craft Corporation ofPa" Inc" and John SherilTindividually d/b/a SherilTBuilders, Inc, was tiled. 4. On November 6, 1997, Moving Defendants tiled Third Party Joinder Complaint against the Additional Defendant, John T, Ziegler, Ritz-Craft Corporation of Pa., Inc, and John Sheriff, individually d/b/a SherilTBuilders, Inc, 5, Through subsequent communications with counsel for the Additional Defendant, John T, Ziegler, it was determined that the Additional Defendant, John Ziegler, was not the previous owner of the property in which the PlaintilTs currently reside, but rather, the previous owner was determined to be an entity known as Rockwell Farms, 6. Through a subsequent Stipulation of Counsel, all counsel to this action agreed to dismiss John T, Ziegler as an Additional Defendant from this particular action, Said Stipulation is currently in circulation at the time of the filing of this motion, 7, Through a recent conversation \vith counsel for Additional Defendant. John T. Ziegler's office, the address of Rockwell Farms was determined. , . . . CERTIFICATION OF SERVICE I hereby certify that I have served a copy of the Third Party Joinder Complaint Of Defendant, , i .. ! ' , , I I I I i i I I Sigman's Home Sales upon all parties, their attorneys or representatives, and all other relevant " organizations, in the manner(s) set forth below: .,', , '"... 1. By first.c1ass mail. costalZe precaid: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Nitterhouse Concrete Products, Inc, BoxN Chambersburg, P A 1720 I -0813 Rockwell Farms 19 Brookwood Avenue Carlisle, PA 17013 Dated: March 23, 1998 197300067/Lee ~. ltJ E ..:t 1-. .. ::"'5 IUQ N ij';f. ( )....-, ..,.. i.)~ r .- ':l ::i ~ >(=; 0'1 :'~iQ ", ,y' , ir:z II: 0:: tlJ~ r..: CL "I G: ....;; lJ.. 0:1 '-5 <.) 0'\ D . . . iiq !! fu~IEi fliH Wi! D. ( , . . -... '~J . .,.. i~'~ ~.:..- I . ~': , - (-' -- -J : h.l...: - , ..- " . " r: , 1"_1 .' '. .j (..)1. .. ':,>. ..- ,,) C' ; -' t... U. - Co..' ,';.i c, ,. c. u. r- ,; (,) C' 1..) J' Builders, Inc, (hereinafter "Sheriff') and moves this Court for an Order dismissing the Preliminary Objections with prejudice or in the alternative, issue an Order allowing the Moving Defendant a time period in which to file an amended Joinder Complaint" In support thereof, Moving Defendant avers as follows: J. Preliminary Objection in the Nature of Improper Service of a Complaint Pursuant to Pa. R. Civ. P. 1028(a)(I). 1. Admitted, 2, Denied, Service of the Complaint was completed by Plaintiffs Counsel by mailing said document to counsel for Moving Defendant, Daniel J. Po ruban, Esquire, on June 9, 1997, A copy of the cover letter reflecting the enclosure of the Complaint is attached hereto as Exhibit" A" and made a part hereof, 3, Admitted in part, Denied in part, While it is admitted that the Moving Defendant Originally filed its Writ to Join the Additional Defendant Sheriff, on July 25, 1997, counsel for the Moving Defendant, Sigman's Home Sales, contacted the Cumberland County Sheriffs Office in an effort to serve the Writ. However, the Cumberland County Sheriff advised counsel for Moving Defendant that they were unable to serve the Writ. A certificate of "No Service" was sent to counsel for Moving Defendant on July 30, 1997, See attached copy of Notice to the Sheriff to serve Writ to Join Additional Defendant and the Sheriffs return of non-service attached hereto as Exhibit "B" and made a part hereof. 4. Denir.d. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are denied. 5. Admitted. 6. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. 7. Admitted in part. Denied in part, While it is admitted that Pa. R.C.P, 2252(b)(I) requires that if a Joinder is by Writ, the joining party shall file its Complaint within twenty (20) days from the filing of the Praecipe for Writ to Join, counsel for Additional Defendant fails to elicit the remaining portion of this particular statute which requires a Plaintiff or an Additional Defendant to seek a Rule to File Complaint and then to proceed under Pa, R,C,P, 1037(a) pertaining to a Rule to File Complaint if a Complaint is not filed within twenty (20) days of the Writ being filed, 8. Admitted, WHEREFORE, Moving Defendant, Sigman's Home Sales, respectfully requests this Honorable Court dismiss the Preliminary Objections of Additional Defendant, John Sheriff, 2 individually and d/b/a Sheriff Builders, Inc., with prejudice, or in the alternative, issue an Order allowing the Moving Defendant a time period in which to file an amended Joinder Complaint. II. Preliminary Objections in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 1028(a)(4) by John A. Sheriff individunlly. 9. Denied, To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial 10. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. II. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure, 12. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure, 13. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure, WHEREFORE, Moving Defendant, Sigman's Home Sales, respectfully requests this Honorable Court dismiss the Preliminary Objections of Additional Defendant, John Sheriff, individually and d/b/a Sheriff Builders, Inc., with prejudice, or in the alternative, issue an Order allowing the Moving Defendant a time period in which to file an amended Joinder Complaint. III. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 1028(a)(4) by John A. Sheriff individually and Sheriff Builders, Inc. 12, Admitted in part. Denied in part. While it is admitted that Paragraph 9 of the Plaintirr s Complaint alleges negligence in installing a sump pump through the basement wall and in grading the outside ofPlaintirrs home permitting water to flow through the basement door, it is denied that this is the only allegation alleged in this Complaint. Specifically, the Plaintirrs Complaint states that the pipe was not securely fastened and allowed "water to come in from the outside into the basement" and that water flowed "from the outside through the wall into the basement to the basement floor", (See Paragraph 9(a) and (d) ofPlaintirrs Complaint). 3 13. Admitted. 14. Admitted in part. Denied in part. While it is admitted that Moving Defendant did not allege that the Additional Defendant, Sheriff, installed the Plaintift's sump pump, allegations exist concerning the foundation and/or basement wall through which the Plaintiff claims water leaked. The extent of the relationship between the sump pump pipe and the foundation are alleged to have been part of the construction uf the family room and/or patio, 15. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. WHEREFORE, Moving Defendant, Sigman's Home Sales, respectfully requests this Honorable Court dismiss the Preliminary Objections of Additional Defendant, John Sheriff, individually and d/b/a Sheriff Builders, Inc., with prejudice, or in the alternative, issue an Order allowing the Moving Defendant a time period in which to file an amended Joinder Complaint. IV. Preliminary Objection in the Nature of a Failure of a Pleading to Conform to law Pursuant to Pa. R. Civ. P. 1028(a)(2). 16. Admitted, 17. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. 18. Admitted in part. Denied in part. While it is admitted that the Defendant's verification does not state that the Defendant was outside of the jurisdiction of the Court at the time of the filing, it is denied that the verification does not give a reason as to why the proper verification could not be obtained at the time of filing as the verification specifically provides that "the Verification of the Defendant(s) cannot be obtained in the time allotted for filing of the subject pleading with the Court. The executed Verification of the Defendants will be filed as soon as it is obtained." 19. Denied. To the extent the allegatioas of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. WHEREFORE, Moving Defendant, Sigman's Home Sales, respectfully requests this Honorable Court dismiss the Preliminary Objections of Additional Defendant, John Sheriff, individually and d/b/a Sheriff Builders, Inc., with prejudice, or in the alternative, issue an Order allowing the Moving Defendant a time period in which to file an amended Joinder Complaint. 4 NEW MATTER TO PRELIMINARY OD,IECTIONS OF ADDITIONAL DEFENDANTS. ,IOIIN SHERIFF INDIVIDUALLY AND OIDIA SIIERIFF BUILDERS. INC. 20. Moving Defendant hereby incorporatcs by rcfcrcnce prior paragraphs I through 19 above as though morc fully sct forth hcreinaftcr. I. Servicc of the .Ioinder Comlllaillt was IlrOller IlllrSlIlInt to Pa. R.C.P. 1028(n){\) 21. Pa. R.C.P. 2253 provides that a Praecipe for Writ to Join an Additional Defendant may not be liJed by the Moving Defendant" later than sixty (60) days after service UpOIl the Moving Defendant of the initial pleading of the Plaintiff or an amendment thereof, unless such filing is allowed by the Court upon cause shown." (emphasis addecl), Since the Plaintiffs original Complaint was served upon Moving Defendant on June 9, 1997, and the Writ to Join the Additional Defendant, Sheriff, was liJed on June 25, 1997. The Moving Defendant's Writ was liJed within the sixty (60) day time period required under Pa. R,C,P. 2253 and therefore leave of court was not required prior to reissuing and serving the subsequent Writ to Join Additional Defendant. Pa. R.C.P 40 I (a) requires that original process shall be served within the Commonwealth within thirty (30) days after the issuance of the Writ or the filing of the Complaint. 22. Pa. R.C.P. 401(b)(I) provides for instances in which service is not completed within the thirty (30) day time period and provides that the validity of such original process shall continue by a reissuing of the Writ upon presentation of the original process. Pa. R,C.P. 40 I (b)(2) provides that "a Writ may be reissued or a Complaint reinstated at any time and any number of times. . ." 23. The Moving Defendant's initial filing of the Writ to Join the Additional Defendant, Sheriff, on June 25,1997 and its subsequent reissuance of the Writ on August ]3, ]997 satisfies the time requirements for service as provided under Pa, R.C.P. 40 I e/. .I'elf. 24. Pa, R.C.P. 2252(b)(I) requires that a Joinder Complaint shall be filed within twenty (20) days of the filing of the Praecipe for the Writ, however, if these actions are not complied with, this Rule provides that Additional Defendant may seek "a Rule to File the Complaint and an eventual Judgment of Non-pros under Rule 1037(a), 25, Additional Defendant, Sheriff, never sought a Rule to File Complaint as provided under Pa. R.C.P. 2252(b)(]). 26, Additional Defendant, Sheriff, did not seek a Judgment of Non-pros as provided under Pa, R,C.P. 1037(a), 5 i i , I I I I I I , . I . I . ~11l1'''II'1'l! ~(Q)~~ LA W OFFICES OF RALPII F. TOUCII By: Jeffrey S. Lee, Esquire Allorney 1.0. No. 69952 40 I Penn Slreet, Suite 100 Reading. PA 19601 Tel. 610-320-4248 Fax 610.320-4767 Allorney for Defendant IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA James Sanccnlto and Shirley Sanccnlto, his wife PLAINTIFFS, VS. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION NO. 97-c-t37 I Sigman's Home Sales, DEFENDANT. VS. John Ziegler, RilZ-Craft Corporation of Pa. Inc,. and John Sheriff individually and d/b/a Sheriff Builders, Inc. ADDmONAL DEFENDANTS ORDER AND NOW, this _ day of . 1997, upon consideration of the Additional Defendant, John Sheriff individually and d/b/a Sheriff Builders, Inc. Preliminary Objections to the Moving Defendant's Joinder Complaint and the response of Sigman's Home Sales, it is hereby ORDERED and ADJUDGED that taid Preliminary Objections are DISMISSED with prejudice. IN TIlE ALTERNATIVE, this day of ' 1997, upon consideration of the Addilional Defendant, John Sheriff individually and d/b/a Sheriff Builders, Ir.c. Preliminary ObJtctions 10 the Moving Defendant's Joinder Complaint and the response of Sigman's Home Sales, it is hereby ORDERED and ADJUDGED that the Moving Defendant, Sigman Homes Sales, is given a period oftwcnty (20) days from the date of this Order In which to amtnd this Joinder Complaint, supplying the verification of a representative of Sigman Horne Sales and also amending the name of the Additional Defendant, John Sheriff Individually and d/b/a Sh~riff Builders, Inc. to read Sheriff Builders, Inc. By the Court, J, 8 ,- "~'--.:~'--- .~~~;:~ ':..C - --;_::'~;~?z~~~~::;:;;y _ '.. Llf' (.. '\r 'i!f'f_....~~.__._--~..... ",'v' ,.,.. .;....-.' . " (":;'~" I~s J. ~ ~ ~-- r', "":'? ". . 11,._ I \ t~II__,:~_t,_J ~:.l"(H"llj ,. f"l'.'.... '" t: I' :': '/. ~')!. "~~.~... '.~' ~.~.~~.~.J: Lmv OIIkes of RALPH F. TOUCH '10 I I'.~'/N STR.:.:r Sum:lllll RFJIlllNG, 1'.:NNS\l,\',INIA I !J(ill I -....._.~_..--.-.-~-_._----...,"--".- ",,_.-.._~..--~ ... ~. ~T-'-~'-W~" 'd_._ _ >- a\ C 0; ..:: ~- ~ ....- C ::),..,~ l1JQ r..:J~ U(1 , -"...... ~- --:::; G:...... <: u.. -z_ (_J~ 6~:.) "- ._;~[~ " .. ~:, ;;. .: uJtL C\i EEll: ;::. :;:iai r!.: c:: r~ 0.. - - ~-.. ~ r- .:J a, U .; . LA W OFFICES OF RALPH F. TOUCH By: Jeffrey S. Lee, Esquire Attorney I.D. No. 69952 40 I Penn Street, Suite 100 Reading, I' A 1960 I Tel. 610-320-4248 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and ) CIVIL DIVISION Shirley Sancenito, his wife ) ) PLAINTIFFS, ) NO. 97-C-1371 ) VS. ) ) Sigman's Home Sales, ) ) DEFENDANT, ) ) VS. ) ) John Ziegler; Ritz-Craft Corporation of Pa., Inc., ) and John Sheriff individually ) d/bla Sheriff Builders, Inc., ) ) ADDITIONAL DEFENDANTS. ) THIRD PARTY JOINDER COMPLAINT OF DEFENDANT. SIGMAN'S HOME SALES Original Defendant, Sigman's Home Sales, by and through its attorney, Jeffrey S. Lee, Esquire, files the filing Third Party Joinder Complaint against the Additional Defendants, John Ziegler, Ritz-Craft Corporation ofPa" Inc., and John Sheriff individually d/bla Sheriff Builders, Inc. and avers as follows: I. On May 28, 1997, the Plaintiffs, John Sancenito and Shirley Sancenito, his wife, filed a Complaint above against the above-captioned original Defendant, alleging inter alia. negligence which resulted in property damage at the Plaintiffs' place of residence. Without admitting the truth of Plaintiffs' allegations, a true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves. 3. On June 29, 1997, a Praecipe for a Writ to Join Additional Defendants, John T. Ziegler; Ritz-Craft Corporation ofPa., Inc., and John Sheriff individually d/bla Sheriff Builders, Inc. True and correct copies of the Praecipes for Writ to Join Additional Defendants are attached hereto as Exhibit "B" and made a part hereof. 4. Additional Defendant, John T. Ziegler is believed to be an adult individual residing at 1010 Walnut Street, Carlisle, Cumberland County, Pennsylvania. 5. Additional Defendant, Ritz-Craft Corporation ofPa., Inc" is believed to be a Pennsylvania Corporation with its principle place of business located at ] 5 Industrial Park Road, Borough ofMiffiinburg, Union County, Pennsylvania. 6. Additional Defendant, John Sheriff individually d/bla Sheriff Builders, Inc., is believed to be a Pennsylvania Corporation with its principle place of business located at 150 Shatto Drive, Carlisle, Cumberland County, Pennsylvania. 7. The Third Party Additional Defendants, John T. Ziegler, Ritz-Craft Corporation of Pa" Inc" and John Sheriff individually d/bla Sheriff Builders, Inc., have been joined herein to protect the rights of the pleading Defendant, Sigman's Homes Sales, to contribution, express indemnity, implied indemnity, as well as common law indemnity, and pleading Defendant, Sigman's Home Sales, avers that said Third Party Additional Defendants, John T. Ziegler, Ritz- Craft Corporation ofPa., Inc" and John Sheriff individually d/bla Sheriff Builders, Inc., are alone liable to the Plaintiffs or in the alternative, are liable over to pleading Defendant for contribution/indemnification and/or jointly and severally liable to the Plaintiffs. COUNT I SIGMAN'S HOME SALES V. JOHN T. ZIEGLER NEGLIGENCE 8. Moving Defendant, Sigman's Home Sales, hereby incorporates paragraphs 1-7 of the Third Party Joinder Complaint as though more fully set forth herein at length. 9. The allegations of the Plaintiffs' Complaint are true, such allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, John T. Ziegler, is liable to the Plaintiffs because of his negligence. 10. At all times relevant hereto, the Additional Defendant, John T. Ziegler, was the previous owner of the home in which the Plaintiffs currently reside and sold the same to the Plaintiffs, January of 1995. 11. During the time in which the Additional Defendant, John T. Ziegler, owned the property that was damaged, and is the subject of this lawsuit, the Additional Defendant, John T. Ziegler, had a sump pump installed in the basement of the home. 12. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Homes Sales, then Additional Defendant, John T. Ziegler, is liable to the Plaintiffs as a result of this carelessness, recklessness and negligence which consisted of the following: a. Negligently installing a sump pump in the basement of the dwelling that required a pipe to be fitted through the wall of the basement; b. Negligently installing a sump pump pipe that was not properly secured allowing water to come in from the outside into the basement; c. Failing to install the sump pump pipe in a workman like condition; d. Otherwise negligently and carelessly constructing the sump pump in the placement of pipe through the wall so as to allow water to flow from the outside and into the basement floor; e. Improperly grading the outside of the home so as to permit the flow of water from the outside through the basement door and into the floor of the basement. f. Additional Defendant, John T. Ziegler, knew, or in the exercise of reasonable care, should have known, that the positioning of the sump pump and pipe would cause damage to the basement and the subsequent purchaser would suffer damage as a result of these actions; g. Failing to warn the Plaintiffs concerning the improperly installed sump pump and the potential damage that could result from the improper installation. Wherefore, Moving Defendant, Sigman's Homes Sales, hereby request that this Honorable Court find the Third Party Defendant, John T. Ziegler, to be held solely liable, jointly or severally liable or liable over to Moving Defendants for contribution and/or indemnification. COUNT II SIGMAN'S ROME SALES V. RITZ-CRAFT CORPORATION OF PA.. INC. 13. Moving Defendant, Sigman's Home Sales, hereby incorporate paragraphs I - 12 of this Third Party Joinder Complaint as though more fully set forth herein at length. 14. At all times relevant here to, Sigman's Mobile Homes contracted with Ritz-Craft Corporation for the purchase and/or set up of the dwelling in which the Plaintiffs currently reside. This transaction took place prior to the purchase of the home by the Plaintiff. ] 5. Pursuant to the agreement between the Additional Defendant, Ritz-Craft Corporation ofPa., Inc., was to deliver and set up the home which is the subject of the Plaintiffs' Complaint. 16. As far as the agreement between Sigman's Homes Sales and Ritz-Craft Corporation ofPa., Inc., Ritz-Craft was to install the bathroom plumbing and/or sewer hook up. 17. Subsequent to the purchase of the dwelling at 518 West Old York Road, Carlisle by the original Defendant Sigman's Home Sales, Additional Defendant, Ritz-Craft Corporation of Pa" Inc., made several repairs and service calls regarding the water line and/or plumbing within said dwelling. 18. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, Ritz-Craft Corporation ofPa., Inc., is liable to the Plaintiffs as a result oftheir carelessness, recklessness and negligence which consisted of the following: a. Failing to properly supervise its employees, representatives, and/or workman to the installation of the plumbing andlor water lines to the dwelling located at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania; b. Failing to properly inspect the water lines and/or plumbing so as to allow water to leak into said dwelling causing the damage claimed in the Plaintiffs' Complaint; c. Failing to properly install and setup the dwelling located at 518 Old York Road, so as to allow water to enter from the outside of the premises onto the basement floor; d, Failure to warn the Original Defendant concerning the improper set up and installation of the water lines and/or plumbing within the residence located at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania; e. Improperly grading the area outside of the dwelling now owned by the Plaintiff, so as to permit water to flow from the outside through the basement door onto the floor causing damages described in the Plaintiffs' Complaint. Wherefore, Moving Defendant, Sigman's Home Sales, hereby requests that this Honorable Court find the Third Party Defendant, Ritz-Craft Corporation of Pa" Inc., solely liable, jointly or severally liable or liable over to Moving Defendant for contribution and/or indemnification. COUNT III SIGMAN'S HOME SALES V. JOHN SHERIFF INDIVIDUALLY D/B/A SHERIFF BUILDERS. INC. 19. Moving Defendant, Sigman's Home Sates, hereby incorporates paragraphs I - ]7 of this Third Party Joinder Complaint as though more fully set forth herein at length. 20. At all times relevant here to, the Additional Defendant, John Sheriff individually d/bla Sheriff Builders, Inc" is in the business of constructing additions andlor making repairs to existing homes in the Carlisle area. 21. Following the Plaintiffs' purchase of the dwelling located at 518 West Oak York Road, the Additional Defendant, John Sheriff individually d/bla Sheriff Builders, Inc" was hired by the Plaintiff to add an addition consisting of a family room and patio after the Plaintiff purchased the dwelling. 22. Additional Defendant, John Sheriff individually d/bla Sheriff Builders, Inc., did in fact construct and addition onto the Plaintiffs' dwelling consisting of a family room and patio. 23. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, John Sheriffindividually d/bla Sheriff Builders, Inc., is liable to the Plaintiffs as a result oftheir carelessness, recklessness and negligence, which consisted of the following: a, Failing to properly construct the addition on the Plaintiffs' dwelling thereby causing water to enter the premises through the basement wall; b. Failing to properly supervise and/or instruct his employees, servants, or other representatives in the construction of the addition to the Plaintiffs' home resulting in construction defect that caused water to enter the Plaintiffs' home and the damages alleged in the Plaintiffs' Complaint; c. Failure to properly inspect his work or the work of his agents, employees or representatives so as to ensure that the addition was built in a workman like manner. Said failure resulted in a condition that allowed water to enter the basement of the Plaintiffs' home causing the damages alleged in the Plaintiffs' Complaint; d. Negligently constructing the addition on the Plaintiffs' dwelling which resulted in damage to the foundation and/or the basement wall which created a condition which allowed water to enter from the outside, through the wall, causing the damages alleged in the Plaintiffs' Complaint. " r ( ~ " JAMES SANCENITO and SHIRLEY . IN THE COURT OF COMMON PLEAS . SANCENITO, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA . . . plaintiffs, . . v. . NO. 97-1371 . : . CIVIL ACTION - LAW . SIGMAN'S HOME SALES, . . . . Defendant. . . ROTIC! 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. COURT ADMINISTRATOR 4th Floor cumberland County courthouse Carlisle, PA 17013 (717) 240-6200 ,.1' r , v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1371 civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED JAMES SANCENITO and SHIRLEY SANCENITO, his wite, plaintitts, SIGMAN'S HOME SALES, Detendant. ; COJl1lLAIRT AND NOW, come the Plaintifts, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, by and through their attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and tiles the following complaint: 1. The plaintiffs, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, are adult individuals currently residing at 518 West Old York Road, Carlisle, cumberland county, pennsylvania. 2. Defendant, SIGMAN'S HOME SALES, is a carlisle business having as a place ot business 50 Bonnybrook Road, carlisle, cumberland County, pennsylvania. 3. On or about January 6, 1995, the plaintiffs herein purch~sed a home at 518 West Old York Road, Carlisle, cumberland county, pennsylvania. 4. At all times relevant hereto, the Defendant did construct said home at the address as aforementioned. /' I, r ( , S. On or about January of 1996, the Plaintiffs herein did sustain considerable water damaqe to the basement of their home, which said water damaqe resulted in the distruction of personal property as well as causinq damaqe to the home itself. 6. An estimate of the cost to repair and also an, itemization of the damaqe is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A, representinq an April 1, 1996, proposal from Tuckey Restoration, Inc., the said p~oposal designed to more fully set forth the nature of the damaqe that was done to the home as a result of the water. 7. In addition to the aforementioned, the followinq items were damaqed, which constitutes personal property in the home: A. B. C. D. E. '.' F. G. H. I. J. new sump pump Hot water heater repair FUrnace checked and cleaned Pump rental (to remove water in basement) Hotel room Microwave stand Fish tank and stand Closed circuit monitor Two (2) oriental ruqs Two (2) VCR's K. Miscellaneous items 8. As a result ot the atorementioned water damage in the home, the plaintitts herein have sustained a total in terms ot costs ot repair and damage ot $8,205.18. 9. The aforementioned damaqe and the aforementio~ed costs ot repair and costs ot replacement ot damaqed property and the water in the basement ot the home was a direct result ot the Defendant's, through it agents, employees and servants, construction of the home as follows: A. During construction ot the home, Defendants did install a sump pump, that required a pipe which was fitted throuqh the wall of the basement. The aforementioned pipe in the wall was not properly secured in that it allowed water to come in from the outside into the basement. The pipe in the wall was not done in a workman like condition. ' The construction of the pipe in the wall permitted water to flow from the outside through the wall into the bas~ment floor. Otherwise neqligentlY and carelessly constructed the sump pump and the placement of the pipe through the wall. B. " If ~ c. D. E. - I I ( I ( cg(Q)[PJW . . . ) q 7--& 1 Df LAW OFFICES OF RALPH F. TOUCH By: Daniell. Poruban, Esquire Attorney I.D. No. 64604 401 Penn Street, Suite 100 Reading, P A 19601 Tel. 610-320-4286 Fax 610-320-4767 DEFENDANTS, , ) CML DMSION ) ) ) DOCKET NO, 97-C-1371 ) ) , PRAECIPE FOR WRIT ) TO JOIN ) ADDmONAL DEFENDANT ) ) (') I.D ~ c: -I "... ,- .... -~ -r .,.... . .= ~l C.~ ,"", ::.: .,~.~.. r..-'" N (i"~" UI >., r:;~) ::: ;:j '.. .J. ~;;t" -- .~ ....~ l~: c- O :,....c:: S! ~ :;;) ~ (.n " Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA lames Sancenito, Shirley Sancenito, his wife, PLAINTIFFS, VS. Sigman's Home Sales, !,RAECIPE TO THE PROTIlONOTARY/CLERK OF SAID COURT: Issue Writ to loin the following as additional defendant(s) in the above-captioned case: 10hn Sheriffindiyidually d/bla Sheriff Builders. Inc. 150 Shato Drive. Carlisle. Pa 17103 Counsel for the Plaintiff is: r. Richard WallDer Counsel for the Additional Defendant(s) (ifknoWD and verified) islare: Unknown A Date: June 23. 1997 Signature: -- ~..,)J ~ V . " Print Name: Daniel ~ Esauire Attorney for: Defendants Sillman's Home Sales Address: 40 1 Penn Street. Suite 100 Readinll. PA 19601 Telephone No.: (610) 320-4780 Supreme Court ID No.: 64604 (.... ," ........ . ,0 LAW OFFICES OF RALPH F. TOUCH By: Daniell. Poruban, Esquire Attorney ID No, 64604 40 I Penn Street, Suite 100 Reading. P A 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant ~:i /997 ~@~W- /f7-~ 7Dt r" _0:1 ~ S;; ..... - t.. :;.! ~,.,. c ~ .~. c:: :,I\;' -~ ';'~ :l::~ - '" :B e5:" CJI ~-. ':;I !...\:': ~ :~~ ..... .a:;;"" ,'~ :-:;l~" ~. ... "C .. ~ ~ :;) ? U1 ~ .' IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA ) ) ) ) ) ) ) ) ) ) l.RAE~E TO TIlE PROllIONOTARY/CLERK. OF SAID COURT: lames Sancenito, Shirley Sancenito, his wife, PLAINTIFFS, VS. Sigman's Home Sales, DEFENDANTS. CIVIL DMSION DOCKET NO. 97-C-1371 PRAECIPE FOR WRIT TO JOIN ADDmONAL DEFENDANT - Issue Writ to loin the following as additional defendant(s) in the above-captioned case: John T. Zigler. 301 Wllllhin~on l.ane. Carlisle. Pa. 17013 Counsel for the Plaintift' is: P. Richard Walll1er CounsCl for the Additional Defendant(s) (ICknown and verified) is/are: D . et1 401 Penn Street Suite 100 ReadiOll. r A 1960 1 Telephone No.: (610) 320-4780 Supreme Court ID No.: 64604 Date: June 23.1997 Signature: Print Name: Attorney for: Address: '.. ", r r' . .' . LAW OFFICES OF RALPH F. TOUCH By: Daniel J. POlllban, Esquire Attorney m No. 64604 401 Penn Street, Suite 100 Reading. PA 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant '( /17-~ 7 ,~,Q)~WPP (") ,0 ~ (-. -.I :.. -~". :..- ~ r!~~~ c: .:: ..~. .~ "':1 ~-' N -'\:". <.II '1': ...,.. Q .....1..'" .." ~~. .-. ':I:!~' :"~ ~:) Ol......, ;":'C r:- i51 .'" .. ~ ~ ~ UI ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA lames Sancenito, Shirley Sancenito, his wife, PLAINTIFFS, VS. Sigman's Home Sales, DEFENDANTS. f.RAEmE TO THE PROTHONOTARY/CLERK OF SAID COURT: ) ) ) ) ) ) ) ) ) ) CIVIL DMSION DOCKET NO. 97-C-1371 PRAECIPE FOR WRIT TO JOIN ADDmONAL DEFENDANT Issue Writ to loin the following as additional defendant(s) in the above-captioned case: Ritz- Craft Corn. ofJla.. Inc. 15 Industrial Park Road, P.O. Box 70. Mifi1inburll. Pa 17844 Counsel for the plaintift'is: P. Richard WallI1er Counsel for the Additional Defendant(s) (d'known and verified). is/arc: Signature: Print Name: Danie J Attorney for: Defe i e Address: 40 1 Penn Street. Suite 100 Readinll. P A 19601 Telephone No.: (610) 320-4780 Supreme Court m No.: 64604 Date: June 23. 1997 13. "John A. Sheriff individually d/bla Sheriff Builders, Inc.," as stated in Defendant's Third Party Joinder Complaint, is a legal impossibility because an individual eannot do business as a corporation. WHEREFORE, Additional Defendant John A, Sheriff respectfully requests this Honorable Court to dismiss Defendant's Third Party Joinder Complaint against him individually and remove said Additional Defendant for failure to state a cause of action upon which relief may be granted in the nature of a demurrer. III. Preliminary Objection In the Nature of a Demurrer Pursuant to Pa. R. Clv. P. 1028(a)(4) bv John A. Sherifflndivlduallv and SherlffBuilders.lne. 12. Plaintiffs, in their Complaint filed on or about June 3, 1997, seek damages for alleged water seepage into their basement caused by Defendant's alleged negligence in installing a sump pump pipe through a basement wall and in grading the outside of Plaintiffs home allegedly permitting water to flow through the basement door. (See ~ 9 of Plaintiffs' Complaint.) 13. Defendant, in its Third Party Joinder Complaint filed on or about October IS, 1997, admits that Sheriff Builders, Inc., was hired by the Plaintiff only to construct an addition onto Plaintiffs' dwelling consisting of a family room and patio. (See ~ 21 of Defendant's Complaint.) 14. Defendant does not allege in its Complaint that John A. Sheriff individually or SherifTBuilders, Inc., ever installed Plaintiffs' sump pump, or ever secured the sump pump pipe through the basement wall, or ever gmded the outside of Plaintiffs' home. >- ..:r E ~ C':' "'"- ~Q .. ;;)~ ~ ~::;!: ...~ :c . ~"t ~?-= u.. t:lc;] (.) '-0 ;;:6 r.l7 t' Q- J .. ..-.. r _." [f'U -" r Ii iJJ iE 0 ~1 a.. :.::. ..::: 15 r-- ::l U\ U tI LAW OFFICES OF RALPH F. TOUCH By: Jeffrey S. Lee, Esquire Attorney J.D. No. 69952 401 Penn Street, Suite 100 Reading, I' A 1960 I Tel. 610-320-4248 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and ) CIVIL DIVISION Shirley Sancenito, his wife ) ) PLAINTIFFS, ) NO. 97-C-1371 ) VS. ) ) Sigman's Horne Sales, ) ) DEFENDANT, ) ) VS. ) ) John Ziegler; Ritz-Cmft Corpomtion ofPa., Inc., ) and John Sheriffindividually ) d/bla Sheriff Builders, Inc., ) ) ADDITIONAL DEFENDANTS. ) THIRD PARTY JOINDER COMPLAINT OF DEFENDANT. SIGMAN'S HOME SALES Original Defendant, Sigman's Home Sales, by and through its attorney, Jeffrey S. Lee, Esquire, files the filing Third Party Joinder Complaint against the Additional Defendants, John Ziegler, Ritz-Cmft Corpomtion ofPa., Inc., and John Sheriff individually d/bla Sheriff Builders, Inc. and avers as follows: I. On May 28, 1997, the Plaintiffs, John Sancenito and Shirley Sancenito, his wife, filed a Complaint above against the above-captioned original Defendant, alleging inter alia, admitting the truth of Plaintiffs' allegations, a true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit "A" and made a part hereof. 2. Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves, 3. On June 29, 1997, a Praecipe for a Writ to Join Additional Defendants, John T. Ziegler; Ritz-Craft Corporation ofPa., Inc., and John Sheriff individually d/bla Sheriff Builders, Inc. True and correct copies ofthe Praecipes for Writ to Join Additional Defendants are attached hereto as Exhibit "B" and made a part hereof. 4. Additional Defendant, John T. Ziegler is believed to be an adult individual residing at 1010 Walnut Street, Carlisle, Cumberland County, Pennsylvania. 5. Additional Defendant, Ritz-Craft Corporation ofPa., Inc., is believed to be a Pennsylvania Corporation with its principle place of business located at 15 Industrial Park Road, Borough ofMiffiinburg, Union County, Pennsylvania. 6. Additional Defendant, John Sheriff individually dlb/a Sheriff Builders, Inc., is believed to be a Pennsylvania Corporation with its principle place of business located at 150 Shatto Drive, Carlisle, Cumberland County, Pennsylvania. 7. The Third Party Additional Defendants, John T. Ziegler, Ritz-Craft Corporation of Pa., Inc., and John Sheriff individually d/bla Sheriff Builders, Inc., have been joined herein to protect the rights of the pleading Defendant, Sigman's Homes Sales, to contribution, express indemnity, implied indemnity, as well as common law indemnity, and pleading Defendant, Sigman's Home Sales, avers that said Third Party Additional Defendants, John T. Ziegler, Ritz- Craft Corporation ofPa" Inc., and John Sheriff individually d/bla Sheriff Builders, Inc., are alone liab]e to the Plaintiffs or in the alternative, are liable over to pleading Defendant for contribution/indemnification and/or jointly and severally liable to the Plaintiffs. COUNT I SIGMAN'S HOME SALES V. JOHN T. ZIEGLER NEGLIGENCE 8. Moving Defendant, Sigman's Home Sales, hereby incorporates paragraphs 1-7 of the Third Party Joinder Complaint as though more fully set forth herein at length. 9. The allegations of the Plaintiffs' Complaint are true, such allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, John T. Ziegler, is liable to the Plaintiffs because of his negligence. 10. At all times relevant hereto, the Additional Defendant, John T. Ziegler, was the previous owner ofthe home in which the Plaintiffs currently reside and sold the same to the Plaintiffs, January of 1995. II. During the time in which the Additional Defendant, John T. Ziegler, owned the property that was damaged, and is the subject of this lawsuit, the Additional Defendant, John T. Ziegler, had a sump pump installed in the basement of the home, ]2. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Homes Sales, then Additional Defendant, John T. Ziegler, is liable to the Plaintiffs as a result of this carelessness, recklessness and negligence which consisted of the following: a. Negligently installing a sump pump in the basement of the dwelling that required a pipe to be fitted through the wall of the basement; b. Negligently installing a sump pump pipe that was not properly secured allowing water to come in from the outside into the basement; c. Failing to install the sump pump pipe in a workman like condition; d. Otherwise negligently and carelessly constructing the sump pump in the placement of pipe through the wall so as to allow water to flow from the outside and into the basement floor; e. Improperly grading the outside of the home so as to permit the flow of water from the outside through the basement door and into the floor of the basement. f. Additional Defendant, John T. Ziegler, knew, or in the exercise of reasonable care, should have known, that the positioning of the sump pump and pipe would cause damage to the basement and the subsequent purchaser would suffer damage as a result of these actions; g. Failing to warn the Plaintiffs concerning the improperly installed sump pump and the potential damage that could result from the improper installation. Wherefore, Moving Defendant, Sigman's Homes Sales, hereby request that this Honorable Court find the Third Party Defendant, John T. Ziegler, to be held solely liable, jointly or severally liable or liable over to Moving Defendants for contribution and/or indemnification. COUNT n SIGMAN'S HOME SALES V. RITZ-CRAFT CORPORATION OF PA.. INC. 13. Moving Defendant, Sigman's Home Sales, hereby incorporate paragraphs I . 12 of this Third Party Joinder Complaint as though more fully set forth herein at length. 14. At all times relevant here to, Sigman's Mobile Homes contracted with Ritz-Craft Corporation for the purchase and/or set up ofthe dwelling in which the Plaintiffs currently reside. This transaction took place prior to the purchase of the home by the Plaintiff. IS. Pursuant to the agreement between the Additional Defendant, Ritz-Craft Corporation ofPa., Inc., was to deliver and set up the home which is the subject of the Plaintiffs' Complaint. ]6. As far as the agreement between Sigman's Homes Sales and Ritz-Craft Corporation ofPa., Inc., Ritz-Craft was to install the bathroom plumbing and/or sewer hook up. 17. Subsequent to the purchase of the dwelling at 518 West Old York Road, Carlisle by the original Defendant Sigman's Home Sales, Additional Defendant, Ritz-Craft Corporation of Pa., Inc., made several repairs and service calls regarding the water line and/or plumbing within said dwelling. 18. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, Ritz-Craft Corporation ofPa., Inc., is liable to the Plaintiffs as a result of their carelessness, recklessness and negligence which consisted of the following: a. Failing to properly supervise its employees, representatives, and/or workman to the installation of the plumbing and/or water lines to the dwelling located at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania; b. Failing to properly inspect the water lines and/or plumbing so as to allow water to leak into said dwelling causing the damage claimed in the Plaintiffs' Complaint; c, Failing to properly install and setup the dwelling located at 5] 8 Old York Road, so as to allow water to enter from the outside of the premises onto the basement floor; d. Failure to wam the Original Defendant concerning the improper set up and installation of the water lines and/or plumbing within the residence located at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania; e. Improperly grading the area outside of the dwelling now owned by the Plaintiff, so as to permit water to flow from the outside through the basement door onto the floor causing damages described in the Plaintiffs' Complaint. Wherefore, Moving Defendant, Sigman's Home Sales, hereby requests that this Honorable Court find the Third Party Defendant, Ritz-Craft Corporation ofPa., Inc" solely liable, jointly or severally liable or liable over to Moving Defendant for contribution and/or indemnification. .. COUNT III SIGMAN'S HOME SALES V. JOHN SHERIFF INDIVIDUALLY D/B/A SHERIFF BUILDERS. INC. 19. Moving Defendant, Sigman's Home Sales, hereby incorporates paragraphs 1-17 of this Third Party Joinder Complaint as though more fully set forth herein at length. 20. At all times relevant here to, the Additional Defendant, John Sheriffindividually d/b/a Sheriff Builders, Inc., is in the business of constructing additions andlor making repairs to existing homes in the Carlisle area. 21. Following the Plaintiffs' purchase of the dwelling located at SI8 West Oak York Road, the Additional Defendant, John Sheriff individually d/b/a Sheriff Builders, Inc., was hired by the Plaintiff to add an addition consisting of a family room and patio after the Plaintiff purchased the dwelling. 22. Additional Defendant, John Sheriff individually d/b/a Sheriff Builders, Inc., did in fact construct and addition onto the Plaintiffs' dwelling consisting of a family room and patio. 23. If the allegations of the Plaintiffs' Complaint are true, said allegations being specifically denied by Sigman's Home Sales, then Additional Defendant, John Sheriff individually d/b/a Sheriff Builders, Inc., is liable to the Plaintiffs as a result of their carelessness, recklessness and negligence, which consisted of the following: a. Failing to properly construct the addition on the Plaintiffs' dwelling thereby causing water to enter the premises through the basement wall; b. Failing to properly supervise andlor instruct his employees, servants, or other representatives in the construction of the addition to the Plaintiffs' home resulting in construction defect that caused water to enter the Plaintiffs' home and the damages alleged in the Plaintiffs' Complaint; c. Failure to properly inspect his work or the work of his agents, employees or representatives so as to ensure that the addition was built in a workman like manner. Said failure resulted in a condition that allowed water to enter the basement of the Plaintiffs' home causing the damages alleged in the Plaintiffs' Complaint; d. Negligently constructing the addition on the Plaintiffs' dwelling which resulted in damage to the foundation andlor the basement wall which created a condition which allowed water to enter from the outside, through the wall, causing the damages alleged in the Plaintiffs' Complaint. ( ( JAMES SANCENITO and SHIRLEY SANCENITO, his wife, plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1371 CIVIL ACTION - LAW SIGMAN'S HOME SALES, Defendant. NOTICB 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. COURT ADMINISTRATOR 4th Floor cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 TRUE copy FROM RECORD In TestlmOnY w~.ll\efe ufa III my IIInd od"!~~Ud~'! tfo/.Id~ ." ~ ~ " P\~y ( ( . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1371 civil Term CIVIL ACTION - LAW JAMES SANCENITO and SHIRLEY SANCENITO, his wife, Plaintiffs, SIGMAN'S HOME SALES, Defendant. JURY TRIAL DEMANDED COKPLAIN'l' AND NOW, come the Plaintiffs, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, by and through their attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Complaint: 1. The Plaintiffs, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, are adult individuals currently residing at 518 West Old York Road, Carlisle, cumberland County, Pennsylvania. 2. Defendant, SIGMAN'S HOME SALES, is a Carlisle business having as a place of business 50 Bonnybrook Road, Carlisle, cumberland County, Pennsylvania. 3. On or about January 6, 1995, the Plaintiffs herein purch~sed a home at 518 West Old York Road, Carlisle, CUmberland County, Pennsylvania. 4. At all times relevant hereto, the Defendant did construct said home at the address as aforementioned. ( ( 5. On or about January of 1996, the plaintiffs herein did sustain considerable water damage to the basement of their home, which said water damage resulted in the distruction of personal property as well as causing damage to the home itself. 6. An estimate of the cost to repair and also an itemization of the damage is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A, representing an April 1, 1996, proposal from Tuckey Restoration, Inc., the said proposal designed to more fully set forth the nature of the damage that was done to the home as a result of the water. 7. In addition to the aforementioned, the following items were damaged, which constitutes personal property in the home: A. new sump pump B. Hot water heater repair C. Furnace checked and cleaned D. Pump rental (to remove water in basement) E. Hotel room F. Microwave stand G. Fish tank and stand H. Closed circuit monitor I. Two (2) oriental rugs J. Two (2) VCR's ( ( K. Miscellaneous items 8. As a result of the aforementioned water damage in the home, the plaintiffs herein have sustained a total in terms of costs of repair and damage of $8,205.18. 9. The aforementioned damage and the aforementioned costs of repair and costs of replacement of damaged property and the water in the basement of the home was a direct result of the Defendant's, through it agents, employees and servants, construction of the home as follows: A. During construction of the home, Defendants did install a sump pump, that required a pipe which was fitted through the wall of the basement. B. The aforementioned pipe in the wall was not properly secured in that it allowed water to come in from the outside into the basement. c. The pipe in the wall was not done in a workman like condition. D. The construction of the pipe in the wall permitted water to flow from the outside through the wall into the basement floor. E. Otherwise negligently and carelessly constructed the sump pump and the placement of the pipe through the wall. . i I cg(Q)~)f (;1 ) Q7"" Df ( ~ . " LAW OFFICES OF RALPH F. TOUCH By: Daniel J. Poruban, Esquire Attorney I.D. No. 64604 401 Pean Street, Suite 100 Reading, P A 1960 I Tel. 610-320-4286 Fax 610-320-4767 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ('"I \.0 ~ c.: -.I ~~ ,- '? "*\...- . ,:= ..... -:0 r."'.,'. I ~ '"i,." ;;~ ~r: ", -;-;~ Oi':-.- (,)1 .~) -.. ~;:" -..; - ,) :P- I- ., :;...' - .. .;.(,;) ......~ ( o. r;- t;m >.l~:: .. ~ Z :? 3. (/1 :Q Attorney for Defendant James Sancenito, Shirley Sancenito, his wife, CIVIL DMSION DEFENDANTS. ) ) ) ) ) ) ) ) ) ) DOCKET NO. 97-C-1371 PLAINTIFFS, VS. PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT Sigman's Home Sales, PRAECIPE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ to Join the followiog as additional defendant(s) in the above-captioned case: John Sheriff individually d/b/a Sheriff Builders. Inc. 150 Shato Drive. Carlisle. Pa 17103 Counsel for the Plaintiff is: P. Richard Walll1er Counsel for the Additional Defendant(s) (if known and verified) is/are: Unknown A Date: June 23. 1997 Signature: - ~~j ~ V Print Name: Daniel ~. EsoUlre Attorney for: Defendants Silzman's Home Sales Address: 401 Penn Street. Suite 100 Readimz. PA 19601 Telephone No.: (610) 320-4780 Supreme Court ID No.: 64604 (- .AW ~ v 1997 '~@GIDW . /f7~(P 'lDt ,... . ~. , LAW OFFICES OF RALPH F. TOUCH By: Daniel J. Po ruban, Esquire Attorney ID No. 64604 40 I Penn Street, Suite 100 Reading, P A 19601 Tel. 610-320-4286 Fax 610-320-4767 IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA n .0 0 ~ -.l ~Il .....,.'": C- .... t~;;':', fj 'r' ..~:!I .1? ;!:" ~..- ", "'9 =;!.:- (J' :'J ., L~\""" ~ -;.t~ ~~~~ ,,'\ ,;.~ .. ~ ~ => ~ (11 ~ Attorney for Defendant James Sancenito. Shirley Sancenito. his wife. CIVIL DMSION DEFENDANTS. ) ) ) ) ) ) ) ) ) ) DOCKET NO. 97-C-1371 PLAINTIFFS, VS. PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT Sigman's Home Sales, PRAECIPE TO THE PROTHONOT ARY/CLERK OF SAID COURT: Issue Writ to Join the following as additional defendant(s) in the above-captioned case: John T. ZiRler. 301 Washinlrton Lane. Carlisle. Pa. 17013 Counsel for the Plaintiff is: P. Richard Walmer Counsel for the Additional Defendant(s) (if known and verified) is/are: wn Date: June 23. 1997 Signature: Print Name: Da'e Attorney for: D fendant 'H e Address: 40 1 Penn Street. Suite 100 Readinll. PA 19601 Telephone No.: (610) 320-4780 Supreme Court ID No.: 64604 ( LAW OFFICES OF RALPH F. TOUCH By: Daniell. poruban, Esquire Attorney ID No. 64604 401 Penn Street, Suite 100 Reading, P A 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant ( IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito, Shirley Sancenito, his wife, PLAINTIFFS, VS. Sigman's Home Sales, DEFENDANTS. TO: -r: ) ) ) ) ) ) ) ) ) ) CIVIL DMSION DOCKET NO. 97-C-1371 WRIT TO JOIN ADDmONAL DEFENDANT WRIT ou are notified that Defendant Sigman's Home Sallls has joined you as an additional defendant in this action, which you are required to defend. Date: 6/;;'!iJ~7 t , Lawf'~lIce E. We/t..o('r Prothonotary/Cleric, Civil Division By:&,,,!Jtk~. YV~ Deputy TRUE copy FROM RECORD In Testimony whereof, I here unto set my hand ,:~d the seal 01 said Co . at Ca~lsle, Pa. : I ~da I ',.' 19 .'. ' r I /'17 - ~ 7 ~~~y!pp LAW OFFICES OF RALPH F. TOUCH By: Daniel J. Poruban, Esquire Attorney ID No. 64604 401 Pean Street, Suite 100 Reading, P A 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant (") c-' "'. r.: 2~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ....., 'oi.:: ~ ..0 ~ -.I ~ "J ..:: ;1- ;:] . "r:- roJ ,..,"!1 ...., :~~~ "'" ci "3 ::..: .')-r r:- ~R, .. -~ ::) ~ (11 .,l_>.." .~. . ~" '. '.-.' .' James Sancenito, Shirley Sancenito, his wife, CIvn.. DMSION DEFENDANTS. ) ) ) ) ) ) ) ) ) ) DOCKET NO. 97-C-1371 PLAINTIFFS, VS. PRAECIPE FOR WRIT TO JOIN ADDmONAL DEFENDANT Sigman's Home Sales, PRAECIPE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ to Join the following as additional defendant(s) in the above-captioned case: Ritz- Craft COrti. ofPa.. Inc. IS Industrial Park Road. P.O. Box 70. Miffiinbuflz. Pa 17844 Counsel for the Plaintiff is: P. Richard Walmer Counsel for the Additional Defendant(s) (if known and verified) is/are: Date: June 23. 1997 Signature: Print Name: D 'e J oru an Es uire Attorney for: Defendant Sig 's Home Sales Address: 401 Pean Street. Suite 100 ReadiOll. P A 1960 I Telephone No.: (610) 320-4780 Supreme Court ID No.: 64604 ( ( . . CERTIFICATION OF SERVICE I hereby certifY that I have served a copy of the foregoing document(s) upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: I. By Personal Service: John T. Zigler 301 Washington Lane Carlisle, PA 17013 John Sheriff, individually and d/b/a Sheriff Builders, Inc. 1 SO Shato Drive Carlisle, PA 17103 Ritz - Craft Corp. ofPa, Inc. 1 S Industrial Park Road P.O. Box 70 Miftlinburg, PA 17844 2. By first-class mail. postalle oreDaid: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A 17110 Dated: June 23. 1997 197300067 JAMES SANCENITO and SHIRLEY . IN THE COURT OF COMMON PLEAS . SANCENITO, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA . . . Plaintiffs, . . v. . NO. 97-1371 . . . . CIVIL ACTION - LAW . SIGMAN'S HOME SALES, . . : Defendant. . . NOTICB 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. COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JAMES SANCENITO and SHIRLEY . IN THE COURT OF COMMON PLEAS . SANCENITO, his wife, . CUMBERLAND COUNTY, PENNSYLVANIA . . . Plaintiffs, : NO. 97-1371 civil Term v. . . : CIVIL ACTION - LAW SIGMAN'S HOME SALES, . . : JURY TRIAL DEMANDED Defendant. COMPLAIN'l' AND NOW, come the Plaintiffs, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, by and through their attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the following Complaint: 1. The Plaintiffs, JAMES SANCENITO and SHIRLEY SANCENITO, his wife, are adult individuals currently residing at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, SIGMAN'S HOME SALES, is a Carlisle business having as a place of business 50 Bonnybrook Road, carlisle, Cumberland County, Pennsylvania. 3. On or about January 6, 1995, the Plaintiffs herein purchased a home at 518 West Old York Road, Carlisle, Cumberland County, Pennsylvania. 4. At all times relevant hereto, the Defendant did construct said home at the address as aforementioned. , I 5. On or about January of 1996, the Plaintiffs herein did sustain considerable water damage to the basement of their home, which said water damage resulted in the distruction of personal property as well as causing damage to the home itself. 6. An estimate of the cost to repair and also an itemization of the damage is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A, representing an April 1, 1996, proposal from Tuckey Restoration, Inc., the said proposal designed to more fully set forth the nature of the damage that was done to the home as a result of the water. 7. In addition to the aforementioned, the following items were damaged, which constitutes personal property in the home: A. new sump pump B. Hot water heater repair C. FUrnace checked and cleaned D. Pump rental (to remove water in basement) E. Hotel room F. Microwave stand G. Fish tank and stand H. Closed circuit monitor I. Two (2) oriental rugs J. Two (2) VCR's K. Miscellaneous items 8. As a result of the aforementioned water damage in the home, the Plaintiffs herein have sustained a total in terms of costs of repair and damage of $8,205.18. 9. The aforementioned damage and the aforementioned costs of repair and costs of replacement of damaged property and the water in the basement of the home was a direct result of the Defendant's, through it agents, employees and servants, construction of the home as follows: A. During construction of the home, Defendants did install a sump pump, that required a pipe which was fitted through the wall of the basement. B. The aforementioned pipe in the wall was not properly secured in that it allowed water to come in from the outside into the basement. c. The pipe in the wall was not done in a workman like condition. D. The construction of the pipe in the wall permitted water to flow from the outside through the wall into the basement floor. E. Otherwise negligently and carelessly constructed the sump pump and the placement of the pipe through the wall. CERTIFICATION OF SERVICE I hereby certifY that I have served a copy of the foregoing document(s) upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: I. By Personal Service: John T. Zigler 301 Washington Lane Carlisle, PA 17013 John Sheriff, individually and d/b/a Sheriff Builders, Inc. 1 SO Shato Drive Carlisle, P A 17103 Ritz - Craft Corp. of Pa, Inc. I S Industrial Park Road P.O. Box 70 Miffiinburg, PA 17844 2. By first-class mail. oostaRe oreoaid: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A 17110 Dated: June 23. 1997 197300067 OI'FWf r.F T1rF ,;".'q'FF cr;'." .... -;';., . , H~R /9 7 ~9 All '97 (,,~Ll ,:;L,: PEIUISYLVAIHA Gl IIol I , 'rl , :t I . en III C' 0 - , 'rl III r-f el I .r:: 1iI...r-f I 'tl III Gl.... Gl, C 0 Gl 'Glr-f 1-01 , 10 0 r-f .S W W , ... 10 :t, Gl'" r-f' I O.rl l/I !I 10, Cl/I ~ , ...C ..:I' 01 IIC r-f '~I , 'rl Gl Gl I , 1O...ll. It) , ~ r-fl 'rl' , C U E :IIC 0 ~ ul I Gl C 0 'rl' o oM.... U 10 == >1 'tl W 010 I < r-fl I ccn 'rl' Wr&.Wr-f.... ....' , 10 III U) U' 10 ::lMM M' , l/I>' . 1 .r:: ,.eN N r-fl I Gl C , UZIII. , , r!.1 , 1IIr-f 10 , 'rl 'rl - I Gl W 6, I ll:M ~ ..... E'rl I M Qr-f Cl\l , 1 I 1O.r:: .rl 'M 10 ..... ~ I ,.,l/I l/I I ll.N==H~ , I , r,J I ~ L-.--' @:~ =- ~ ~ €=2 LAW OFFICES OF RALPH F. TOUCH BY: Daniel J. Poruban, Esquire 401 Penn Street, Suite 100 Reading, PA 19601 610-320-4780 Atty. ID # 64604 Attorney for Defendant Sigman's Home Sales IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito, and Shirley Sancenito, his wife, VS. ) ) ) ) ) ) ) ) CIVIL DIVISION DOCKET NO.: 97-1371 Plaintiffs, Sigman's Home Sales, Defendant. ENTRY OF APPEARANCE TO TIlE PROTHONOTARY: Kindly enter my appearance in the above-entitled matter on behalf of the Defendant, Sigman's Home Sales. Dated: Aoril 17. 1997 \ Daniel J. Porub n, Altomey for De JURY TRIAL DEMANDED PANEL OF TWELVE JURORS REQUESTED ir. ..:r ,- ..;z .< .~ .. ..!~ UJS' t': '.~ ( "'. ::,~~ -'( , ...... If., c... 1- r ..... 9,. ff) fgh C'~ -lL - -" -,., ~ ::lljJ G:., 11.. ..Ie. r-: ~ ..,; L'. r- :i 0 en \.) LAW OFFICES OF RALPH F. TOUCH By: Daniel J. Poruban, Esquire Attorney I.D. No. 64604 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and Shirley Sancenito, his wife VS. ) ) ) ) ) ) ) ) ) ) NO. 97-C-1371 CIVIL DMSION PLAINTIFFS, Sigman's Home Sales, DEFENDANT. NOTICE TO PLEAD To: Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or ajUdgment[)be entered against you. i' ~ Daniel 1. Po b n, squire Attorney for lIant LA W OFFICES OF RALPH F. TOUCH By: Daniel J. Poruban, Esquire Attorney I.D. No. 64604 40 I Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and ) CIVIL DIVISION Shirley Sancenito, his wife ) ) PLAINTIFFS, ) NO. 97-C-1371 ) VS. ) ) Sigman's Home Sales, ) ) DEFENDANT. ) DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, Sigman's Home Sales, by and through its attorney, Daniel J. Poruban and Answers the Plaintiffs' Complaint as follows: I. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 2. Admitted. 3. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 4. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answllring Defendant is without sufficient information or knowledge to form a beliefas to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. S. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time oftrial. 6. Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 7. (A - K) Denied. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 8. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 9. (A - F) Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Answering Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof of same is hereby demanded at the time of trial. 10. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the I I' I' if I I I . CERTIFICATION OF SERVICE I hereby certifY that I have served a copy of the foregoing document(s) upon all parties, their attorneys or representatives, and all other relevant organizations, in the manner(s) set forth below: I. By first.c1ass mail. oostalZe DreDaid: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, PA 17110 Dated: June 20. 1997 197300067/Poruban LA W OFFICES OF RALPH F. TOUCH By: Daniel J. Poruban, Esquire Attorney ID No. 64604 401 Penn Street, Suite 100 Reading, PA 19601 Tel. 610-320-4286 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and ) CIVIL DIVISION Shirley Sancenito, his wife, ) ) PLAINTIFFS, ) NO. 97-C-137 I ) VS. ) ) Sigman's Home Sales, ) ) DEFENDANT. ) PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the original signed verification of Sigman's Home Sales for the verification of counsel filed with the Defendant's Answer to Plaintiffs Complaint. () ~ Daniel J. Po 197300067 JAMES SANCENITO and SHIRLEY IN THE COURT OF COMMON PLEAS SANCENITO, his wife, CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs, NO. q 7 -13 7/ tw.d.. T.tAM- v. . . . CIVIL ACTION - LAW . . . SIGMAN'S HOME SALES, . IN . . . Defendant. . JURY TRIAL DEMANDED . PRAECIPE TO THE PROTHONOTARY: Please issue a writ of Summons against the above-named Defendant at the address below: Sigman's Home Sales 50 Bonnybrook Road Carlisle, PA 17013 Respectfully submitted, , TULLY P. R Wagner, ESqu re 1.0. #23103 2233 North Front street Harrisburg, PA 17110 (717) 234-7051 Attorney for Plaintiffs DATE: 3/ y;11 -; III lI-l j .~ I ) I I . III I t:r 0 ... .~ , III ~ ~I .c , ~ol"~ 'tl III I III I"- C - III , - III ~ Eo< III 0 ~ .51 , H H ol" III )1 Illol" ~ O.~ CIl 8 IIll CCIl ~ .~ ol" C ~I CI 01( ~ > .~ III - III I lIlol"ll. III l11 C U e J ~l laC 0 ~ III C 0 .~, o -M I"- U III :: >1 'tl H ClO I < ~, CCIl .~, H~H~~ ::;1 III III ul III l'MM CIl>' . , .c ..aNN III C , UZIII,,*, 'tl III~ III I .~ .~ - 1"-1 III H ~ , i:l:M ~ '1"- e'~ I M Q~ 01, Ill.c .~ I . M ra 'E' ~ I')CIl CIl I ll.N::toi- I _.~ - .._:;if~ .. :. " . ... ~ . ,- ~4:JI Q ID ~ c;J ~~ :r: =l _.....: ::;.. ~'~ Y. , ;1: rr" . :::I ..;' ~;'. w .~~ ?.;:;: 0 '.'C ;:i;'. . - ""tI .;Ij] ~:~ .~~ :.,- ... , M ,.. , , -, -. ...../ - C: ~.t~; .. :-< ~~j ::> :.5 ...J '< -, 1. On May 28, 1997, the PlaintilTs, John Snncenito and Shirley Snncenito, his wife, filed a Complaint above against the above-captioned original Defendant, alleging inter liliA, negligence which resulted in property damage at the PlaintilTs' place of residence. Without admitting the truth of Plain tilTs' allegations, a true and correct copy of Plain tilTs' Complaint is attached hereto as Exhibit" An and made a part hereof. 2, Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves. 3. On June 29, 1997, a Praecipe for a Writ to Join Additional Defendants, John T, Ziegler; Ritz-Craft Corporation ofPa., Inc., and John Sheriff individually d/b/a SherilTBuilders, Inc. was filed, 4. On November 6, 1997, Moving Defendants filed Third Party Joinder Complaint against the Additional Defendant, John T. Ziegler, Ritz-Craft Corporation ofPa., Inc. and John Sheriff, individually d/b/a Sheriff Builders, Inc. 5. Through subsequent communications with counsel for the Additional Defendant, John T, Ziegler, it was determined that the Additional Defendant, John Ziegler, was not the previous owner of the property in which the Plaintiffs currently reside, but rather, the previous owner was determined to be an entity known as Rockwell Farms, 6. Through a subsequent Stipulation of Counsel, all counsel to this action agreed to dismiss John T, Ziegler as an Additional Defendant from this particular action. Said Stipulation is currently in circulation at the time of the filing of this motion. 7. Through a recent conversation with counsel for Additional Defendant, John T. Ziegler's office, the address of Rockwell Farms was determined, 8. During a recent client conterence. the attorney tor Moving Delendant discovered the potential liability of the proposed Additional Defendant, Nitterhouse Concrete Products. Inc., which was confirmed through a written contract for the delivery and installation of superior walls; brick ledging, column pads and other items believed to be involved with the concrete wall surrounding the sump pump alleged in the Plaintiffs Complaint. 9. It is the Moving Defendant's contention that this written contract between the Moving Defendant and the proposed Additional Defendant, Nitterhouse Concrete Products, Inc., demonstrates that the proposes Additional Defendant completed concrete work in the exact location where the Plaintiff alleges the incident to have occurred. It is the Moving Defendant's contention that as the previous owner and seller ofthe property to the Plaintiffs, Rockwell Farms may have altered or in other ways acted negligent in causing the damage alleged in Plaintiff s Complaint, in between the time that the Moving Defendant sold the property to John Ziegler until the time that proposed Additional Defendant, Rockwell Farms, sold the property to the Plaintiffs. 10. If the allegations of the Plaintiffs Complaint are proven at trial, Moving Defendant believes and avers that the proposed Additional Defendants, Rockwell Farms, and Nitterhouse Concrete Products, Inc., are jointly or severally liable on the Plaintiffs cause of action against Moving Defendant, or are liable over to the Moving Defendant for full indemnity and/or contribution for such loss, damage and/or court costs, as Moving Defendant may sulTer as a result of the subject action. II. The allowance of this Motion to Join Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc., will permit the liabilities of various parties to be heard and determined at the same time, thereby avoidinythe multiplicity of cases and lostering judicinl economy. 12. Moving Delendant would be severely and adversely prejudiced by denial of this Motion, as the Moving Defendant has a good and meritorious action against proposed Additional Defendant, Rockwell Farms, and Nitterhouse Concrete Products, Inc. 13, The proposed Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc. would not be prejudiced by their joinder to this matter, since the facts which form the basis of liability against the Moving Defendant is a simple, straightforward negligence claim as demonstrated in the Plaintiffs Complaint. 14. If this Honorable Court grants the Moving Defendant's Motion to Join Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc., the Moving Defendant will provide copies of all pleadings and discoverable materials which have been generated to date, to the Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc. 15. As of the date of this Motion, no oral depositions have been scheduled or taken, 16. As of the date of this Motion, written discovery has been propounded by the Moving Defendant, however, responses have not been received. 17. As of the date of this Motion, the Plaintiff has not propounded written discovery upon the Moving Defendant. 18. The Plaintiffs will not be prejudiced by the joinder of the proposed Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc. 19. Moving Defendant's Motion to Join Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc., should be granted based on the lallowing: - ,. . JAMES SANCENITO AND SHIRLEY SANCENITO . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . V. . . . . SIGMAN'S HOME SALES NO. 97-1371 CIVIL V. ROCKWELL FARMS & NITTERHOUSE CONCRETE PRODUCTS, INC. CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 8th day of APRIL, 1998, a Rule is issued upon all parties of record to Show Cause Why Defendant's Motion For. Leave To Join Additional Defendants Rockwell Farms and Nitterhouse Concrete Products, Inc., should not be granted. Rule returnable in fifteen (15) days after service by Defendant. .y:~ Edward E. Guido, J. P. Richard Wagner, Esquire J. David Smith, Esquire George F. Douglas, III, Esquire Jeffrey S. Lee, Esquire Nitterhouse Concrete Products, Inc. Rockwell Farms c.ot.i.... ,.,.....ci.L.!-- Jt/13/q & . ,):. e . ". EXHIBIT C - '..... 10 ....... .",.. ...- ..,.. ':.1 I ~ I t? I 1 . .1 .. ; J , ...: ... : : ~. ~ - . ". ". ...': .. ;:-;: n' :.'1 .~ .:;, ::t 2. Original Defendant, Sigman's Home Sales, has denied any and all allegations as to themselves. 3, On June 29, 1997, a Praecipe for a Writ to Join Additional Defendants, John T. Ziegler; Ritz-Craft Corporation ofPa., Inc., and John SheriffindividuaUy d/b/a Sheriff Builders, Inc, True and correct copies of the Praecipes for Writ to Join Additional Defendants are attached hereto as Exhibit "B" and made a part hereof. 4. On November 6, 1997, Moving Defendants filed Third Party Joinder Complaint against the Additional Defendant, John T, Ziegler, Ritz-Craft Corporation of Pa., Inc. and John Sheriff, individually d/b/a Sheriff Builders, Inc. 5, Additional Defendant, Rockwell Farms is believed to be a Pennsylvania General Partnership with its principle place of business located at 19 Brookwood Avenue, Carlisle, PA 17013. 6, Additional Defendant, Nitterhouse Concrete Products, Inc., is believed to be a Pennsylvania Corporation with its principle place of business located at Box N, Chambersburg, PA 17201-0813, 7, The Third Party Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products have been joined herein to protect the rights of the pleading Defendant, Sigman's Homes Sales, to contribution, express indemnity, implied indemnity, as well as common law indemnity, and pleading Defendant, Sigman's Home Sales, avers that said Third Party Additional Defendants, Rockwell Farms and Nitterhouse Concrete Products, Inc., are liable over to the pleading Defendant for full indemnity and/or contribution for any loss, damage, and/or court costs as the pleading Defendant may suffer as a result of the allegations in the Plaintilr s Complaint. I, Additional Defendant, Nillerhouse, admits in part and denies in part the allegations contained in Paragraph I of the Joinder Complaint filed by Defendant, Sigman's, It is admilled that on or about May 20, 1997, Plaintiffs filed a Complaint against Defendant, Sigman's, and a copy of that Complaint is attached as Exhibit . A" to the Joinder Complaint. The remaining allegations contained in said Paragraph are denied. Said allegations are an attempt by Defendant, Sigman's, to paraphrase the allegations made by Plaintiffs in the Complaint, The Complaint is a written document which speaks for itself, In further answer, the allegations against Defendant, Sigman's, selling forth actions which Plaintiffs allege were negligent in the construction of their home regarding the installation of a sump pump and pipes in or through the basement walls for which Additional Defendant, Nillerhouse, had no duties or responsibilities nor were involved in participating in any such action. Additionally, Plaintiffs allege that the ground around their home was improperly graded, once again. an activity for which Additional Defendant, Nillerhouse, had neither a duty or responsibility or participated in any way. In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 2. Additional Defendant, Nitterhouse, denies the allegations contained in Paragraph 2 of the Joinder Complaint filed by Defendant, Sigman's, After reasonable investigation, said Additional Defendant is without knowledge or 2 information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. Additional Defendant, Niuerhouse, further denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e), 3, Additional Defendant, Niuerhouse, denies the allegations contained in Paragraph 3 of the Joinder Complaint filed by Defendant, Sigman's. After reasonable investigation, said Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Additional Defendant, Nilterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e), 4, Additional Defendant, Nitterhouse, denies the allegations contained in Paragraph 4 of the Joinder Complaint filed by Defendant, Sigman's, After reasonable investigation, said Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. In further answer, Additional Defendant, Niuerhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure l029(e), 5, Additional Defendant, Nitterhouse, denies the allegations contained in Paragraph 5 of the Joinder Complaint filed by Defendant, Sigman's. After reasonable investigation, said Additional Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof 3 thereof is demanded at trial. In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). 15. Additional Defendant, Nitterhouse, denies the a1legations contained in Paragraph 15 of the Joinder Complaint filed by Defendant, Sigman's. Additional Defendant, Nitterhouse, is advised and therefore avers that the a1legations contained in said Paragraph are conclusions of law and require no further answer, To the extent that an answer may be necessary, it is specifica1ly denied that Additional Defendant, Nitterhouse, was careless, reckless or negligent in any of its dealings or actions related to this matter, To the contrary, at all times, Additional Defendant, Nitterhouse, acted in a careful and appropriate manner, In further answer, it is specifica1ly denied that Additional Defendant, Nitterhouse, committed acts or failed to act in such a way as to create any liability to Defendant, Sigman's, To the contrary, Additional Defendant, Nitterhouse, has no liability to any party under the facts and circumstances of this case. In further answer, Additional Defendant, Nitterhouse, denies said a1legations pursuant to Pennsylvania Rule of Civil Procedure l029(e). With regard to the subparagraphs, Additional Defendant, Nitterhouse, responds as fo1lows: (a) Denied, To the contrary, Additional Defendant, Nitterhouse, appropriately installed superior wa1l panel and did not create circumstances where a defect a1lowed water to enter the dwelling in/or around the sump pump, Additional Defendant, Nitterhouse, was not involved in the insta1lation of the 6 sump pump or any pipe going through the basement wall, This work was performed by parties other than Additional Defendant, Nillerhouse, after Additional Defendant, Nitterhouse, had completed its work. In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rules of Civil Procedure l029(e). (b) Denied, To the contrary, the superior wall panels were installed in a workmanlike manner and did not allow water to enter the basement of the dwelling nor were the superior wall panels or their installation a contributing factor to allowing water into the basement, In further answer, Additional Defendant, Nillerhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e), (c) Denied, To the contrary, the installation of the superior walls, brick ledging, column pads and other items were installed in a careful and appropriate manner, No action or inaction of Additional Defendant, Nitterhouse, caused or contributed to allowing water to flow from the outside into the basement on and/or around the sump pump and other areas of the basement. To the contrary, it is believed and therefore averred that the water that entered the basement of said dwelling came from other sources which sources were caused or contributed to be caused by the actions or inactions of Defendant, Sigman's, or other parties to this action, In further 7 answer, Additional Defendant, Niuerhouse. denies said allegations pursuant to Pennsylvania Rule of Civil Procedure I029(e). (d) Denied. To the contrary, Additional Defendant, Nilterhouse, was not responsible nor did it participate in grading the outside of the home. If the outside of the home was improperly graded and allowed the flow of water from outside into the basement door and into the floor of the basement, said conditions were caused or contributed to by acts or failure to act on behalf of Defendant, Sigman's, or other parties to this action, In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). (e) Denied. To the contrary, Additional Defendant, Nilterhouse, was not responsible nor did it participate in grading the outside of the home. If the outside of the home was improperly graded and allowed the flow of water from outside through the basement wall into the floor of the basement, said conditions were caused or contributed to by acts or failure to act on behalf of Defendant, Sigman's, or other parties to this action. In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure I029(e), (0 Denied. Additional Defendant, Nilterhouse, properly supervised its employees, representatives and/or workmen during the installation of the 8 superior wall panels, brick ledging. wall ties and column pads, In further answer, all said work was done in a good and workmanlike manner, In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). (g) Denied. To the contrary, at all times, Additional Defendant, Nitterhouse, properly supervised and/or instructed its employees, servants or representatives in the construction and/or installation of the superior wall panels, brick ledging, wall ties, and column pads. No act or failure to act on behalf of Additional Defendant, Nitterhouse, caused or resulted in any construction defects, In further answer, no act or failure to act on behalf of Additional Defendant, Nitterhouse, caused or contributed to water entering into the Plaintiffs' home and causing the damages as alleged in Plaintiffs' Complaint. To the contrary, if Plaintiffs suffered damages as alleged in the Complaint, said damages are as a direct and proximate result of actions or inactions of parties other than Additional Defendant, Nitterhouse, In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure 1029(e). WHEREFORE, Additional Defendant, Nitterhouse, demands that the Joinder Complaint filed by Defendant, Sigman's, be dismissed. 9 NEW MATTER " . 16. Plaintiffs' Complaint alleges damages resultant from the negligent installation of a sump pump, pipe to the sump pipe through the basement wall and improper grading of the dirt surrounding the home resulting in water entering the basement causing the alleged damages to Piailltiffs' home. 17. Additional Defendant, Nillerhouse's, duties and responsibilities for any portion of the construction of said home is contained in the March 7, 1993 contract between Nillerhouse Concrete Products, Inc, and Sigman's Home Sales in which Additional Defendant, Nillerhouse, was to supply and install superior wall panels for the basement along with a brick ledge with wall ties, six column pads and one location with wall ties, 18, Additional Defendant, Nillerhouse, did not contract nor did it participate in the installation of the sump pump, the pipe from the sump pump going through the basement wall or the grading of the land surrounding the home which are alleged to be the defective work which resulted in water damage to Plaintiffs' home, 19. Additional Defendant, Nillerhouse, properly installed and/or constructed the superior wall panels, brick ledge, wall ties and column pads as per the plans and specifications and its contract with Sigman's Home Sales. 10 20, Claims for damages in this action against Additional Defendant, Nillerhouse, are barred by the applicable statute of limitations and/or statute of repose. 21. If Plaintiffs suffered water damage to their home, said damage was as a direct and proximate result of natural causes which were not capable of being controlled by the installation of the sump pump in Plaintiffs' basement. 22, All or a part of the alleged damages are direct and proximate result of the negligence of Plaintiffs, Defendant, Sigman's, in such amount as to result in a bar to any claim for damages pursuant to the Pennsylvania Comparative Negligence Act. 23. Additional Defendant, Nilterhouse, has no liability to Defendant. Sigman's, by way of indemnification or contribution under the facts and circumstances of this case. Further, if Defendant, Sigman's, is found to be negligent and its negligence a cause of Plaintiffs' alleged damages, said negligence is of such a percentage as to bar, in whole or in part, any contribution or indemnification by Additional Defendant, Nillerhouse, pursuant to the Comparative Negligence Act. WHEREFORE, Additional Defendant, Nilterhouse, demands that the Joinder Complaint filed by Defendant, Sigman's, be dismissed. 11 7-:13-1998 11 : JOAt I FROIl FRAt.n~L1I'J CO SHER [FF 7172<> 1:0:882 P. I ,", SHERIFF'S OFFICE 15711NCOLN WAY EAST. CHAMBERSBURG. PENNSYLVANiA 17201 (717) 261,3877 ...-- SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ,. PLAINTIFF/51 . . INSTRUCTIONS FOR SERVICE OF PROCESS. PI.ase type or plinl legiblv. 00 nOl dellleh any COplcs. 2. COURT NUMBER 97-1371 14. TYPE OF WRIT OR COMPLAINT: 'l1lIR:> i'Al!.TY JOINDER COllPLAINT { $, NA....e QllllofOIVIOl)^L:-COJ:t-t7o'ANV,CORPORATION. ETC., TO ~eAV1CE OR OESl.RIPTlON QF PROPERTY TO DE LEVIED. ATTACHED OR SOLO NITTERHOUSE CONCRETe PROUUCTS 6. ADDRESS \SUoo' 01 AFO. /\pannlO"1 NO.. C;ly. 60ro. Twp.. SL)IO and ZIP Code) AT 2655 MOLLY PITCHER UIGHWAY SOUTH. CRA}ffiERSBURG, FA 17201 7 INDICATE UNUSUAL SERVICE, n COMMON OF PA. I:l DEPUTIZE 0 OTHER Now. ...,...--... 19 .i. SHERIFF OF FRANKLIN COUNTY. PA., do hereby deputize lhe Snerl" of . . ... . ...... _ Counly to execute ihis Wrll and make rei urn Ihereof according io law. This depulation being made allhe request and risk of lhe plaintill. 8. SPECIAL INSmUCTlONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Sl~rlAN'S HOne SALES. ET AL J.~~S s~~CENITO. ET AL 3. DEFENDANTI $I SERVE .. ~.".:f'''':'''_'''''''U''C'(lJllI'' NOTE ONLY APPLICAIliT'ci'N\VRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy shoiiifiOvyingupo,i o'iOiUlehm9 any property undor within writ mav leave same withoul Q watchman. in cU~1od)' of whom'lIVor i~ found in posSQ~sion. atter notifying parson of levy or QttaCl'\manl. withoulliabili1y on 'h~ rt 01 suc:h de t or the eriff 10 an lain1ilf MIllin for an loss dQSlructlOO!lf ,Glnov;1 01 ilfl such '0 Qrt t)9lnre Sh.,riU' Ie thelP-of. 9. SIGNATURE 01 ATTORNEV orolher ORIGINATOR ,'10. TELEPHONE NUMBER 11.0ATE _ CUMIlERL.\.'iD COUNTY SIll::l<ln' I _ __..__ 12. SEND NOTICE OF SERVICE COpy TO NAME AND AODRESS lIELOW: (Thl. erea musl be completed II nollee 1.10 be mailed) K. THO~~S KLINE, ON~ COURTHOUSE SQUARE. CARLIS~E. ~A li013 .._.",__0." . '.'-"."SPACE BELOW FOR USE OF SHERIFF ONL V:" DOoNOTWRITTSELOW THIS LINE '0__ ... _ ...._ 13. I ack"owl~ge rer.eipt 01 lha wnt } SIGNATURE 01 Ault\Oriz~d FCSO o~uty 1)1 CIQlk nnd TllI4' 114. Oale Rec~ived 1!t. ExpililtkJn.'H~aring d3le orcompl.;nl..lndic.lod.bove. -I<::; :" '<~~~,..:..../ _ 6-16-93 7-13-98 16. I her9by CERllFY and RETURN Ulall b ti~~ pllrSonally ~$eNed: c. have tet~al ~vj(J(lnc~ 01 $'3rv.ee as shown in -Remark:.... 0 have eJt:ecutetl as shown In "Re",a~s-. the wril Or complainl aascnbod on the individU.:lIl, company. corporalion. etc., at the ~tr.k1'e$t> shown above or on the IndiVidual. company. corporahon. P,tc.. at the addreS3 lnterted belOW by hanCflino a TRUE and ATTESTED COpy thereof. 1;.0 I htreby cenify and rtlum a NOT FOUND because I am unable 10 locate tne IndIVIdual. CClmpany. cClrporoilllon.l:lc..-n-a".;',Qd ~b~~~se; tefn3l1t$ belOW) "i"6:"Ni;;;e and title of individual served (it not $hown above) .-..---- - ,. ..~. .. .. 11~. ^ ~"""""I c.l suilatlc:;a~:\IIo1 <<'-tr.1IOn Ifv\I'l GARY MEYERS-COliTROLLER ...d..., .... d.I.........' "..., ~..,. or ..u'.,*, 0 :n. OA'~ of $CMCC 22. Time 20. Address or where selved (completE' only il differtn11han shown 3bov~i tSlrt~1 or RFD. Ap.utmeflt No.. City. 80'0. Twp. Slale ond Zip Cod.) SAKE AS NUMBER G. 6-17-98 3:00PM AU .... ES' Ec-$T 23. ATTEMPTS Miles I Dep. lnt 03te I Mile. I D.p. Inl, D:ue [)Qp. Inl. 10 V2 I , I 24 25. SQIVrce CClst& 26 Tol,,1 Co.,,'-" . - 18.00 2 ~O RF.FUND 30 REMARKS' r .- - oR iP.20 -~. ~ ,-" ~] J'-I'" 1 9 '':'"3 ' ., ..' I..,::. . ..-......--....--.....---.... 'so'ANSWER. 31. AFFI~ED and subscribed 10 belore me IhlS 34.~.l f J ..lUNE / . ~. / 37. ,. 'it..-f...l4 ir)1i!~,~~.'P\.c..t MY COMMISSIOrl EXPIRES :j.oj. I A KNOIYl Dl,E E IPT OF THE SHERIFF'S nETuRN SIGNATURE) OF AUTHORIZED ISSUING AUTHORITV AND TiTlE. 18TI1 1998 32 r..;ii,;;o(-"-- """ 'Mo.' ISER."A.~D L. CLOPPER SHERIFF OF FRANKLIN COUNTY 1>>.011. 6-18-98 I)(..t\ato ~l.>. S~M\" d ~1\r.",1 J39.~"'Rt'W.," LA W OFFICES OF TOUCH, RUZZI & McKEE By: Lori J. Feldt, Esquire Attorney I.D, No. S8282 4111 Penn Street, Suile 100 Reading, P A 1960 I Tel. 610-320-4248 Fax 610-320-4767 Attorney for Defendnnt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and I CIVIL DIVISION Shirley Snncenito, his wife I I PLAINTIFFS, I NO. 97-C-I371 I VS. I I Sigmnn's Home Snles, I I DEFENDANT. I I VS. I I Ritz Croft Corporntion of Pa., Inc. and I John Sheriff individually d/b/a Sheriff Builders, I Inc. I and I I Rockwell Farms and Nitterhouse I Concrete Products, Inc. I ADDITIONAL DEFENDANTS ) PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance ofJeffrey S. Lee, Esquire, as counsel of record for Defe nt, Sigman's Home Sales, and enter in her place L:A.Ori 1. Fei t, p.1qU ire, as counsel for De d t, Sigman's Home Sales. / //1 . ( " f/ /' Je ey S. Lee, Esquire At . 1.0. #699S2 Penn Street, Suite 100 Reading, PA 196111 Lori J. Feidt, Esquire Atty. 1.0. #S8282 40 I Penn Street, Suite 100 Reading, PA 196111 Dated: Julv 21. 1998 3, Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 3 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 4, Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 4 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 5. Denied. Answering Defendant is and was at all material times hereto a Pennsylvania general partnership with its principal place of business located at 605 Devonshire Road, Carlisle, PA 17013. 6. Denied. Answering Defendant is without information or belief as to the truth of the averments of paragraph 6 of the Joinder Complaint and the same are therefore denied and proof thereof is demanded at time of trial. 7. Denied, It is specifically denied that Answering Defendant is liable over to Defendant Sigman's Home Sales for full indemnity and/or contribution for any loss, damage and/or court costs as Defendant Sigman's Home Sales may suffer as a result of the allegations in Plaintiffs' Complaint. Any and all other allegations contained in paragraph 7 are specifically denied and strict proof thereof is demanded at time of trial. COUNT 1- SIGMAN'S HOME SALES v. ROCKWELL FARMS NEGLIGENCE B. Answering Defendant incorporates by reference its responses to paragraphs 1 through 7 above as though fully set forth herein. 2 9. Denied, It is specifically denied that if Defendant Sigman's Home Sales is held liable on Plaintiffs' causes of action that Defendant Rockwell Farms is liable to Defendant Sigman's Home Sales for full indemnity and/or contribution, 10. Admilled. 11. Denied as stated. It is admilled only that a sump pump was Installed in the basement of Plaintiffs' home at the time of the original construction of the home, Any and all other allegations contained in paragraph 11 are specifically denied and strict proof thereof is demanded at time of trial. 12. a-g. Denied. The allegations contained in paragraphs 12 a-g are conclusions of law to which no response is required, To the extent a response is deemed to be required, the allegations are denied pursuant to Pa.R.C.P. 1029(e), WHEREFORE, Defendant Rockwell Farms respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Sigman's Home Sales. COUNT II SIGMAN'S HOME SALES v. NITTERHOUSE CONCRETE PRODUCTS, INC. 13. Defendant incorporates by reference its responses to paragraphs 1 through 12 above as though fully set forth herein, 14, No response is required by Answering Defendant as the allegations contained in paragraph 14 are addressed to another Defendant. 15. a-g. No response is required by Answering Defendant as the allegations contained in paragraphs 15 a-g are addressed to another Defendant. WHEREFORE, Defendant Rockwell Farms respectfully requests this Honorable Court to enter judgment in its favor and against Defendant Sigman's Home Sales. 3 ~ ~ a - ,.. 1.0 ::: C'1! .1: 1.1; rE 1-. ';. "- lU!.7? " ~; ""9 ( ).' N ~ "",-=-(', ~ ~:. ~r :r.: (~)f~', 'l- ::.'. I'.. ;.'" 0 C.ll' t;? ,:u.' U~Jl..; N 0 ~ G!~~ s-:: :; l{'~;: tc'. " 1:) ;;.::. :ut1 ~ ~ "'" '::.- 'I.. c;: "'5 "(,0" ~ p( 0 Q' c) .... '. . -., .,.. , LA W OFFICES OF TOUCH, RUZZI & McKEE By: Lori J. Feidt, Esquire Attorney I.D. No. 58282 401 Penn Street, Suite 100 Reading, P A 1960 I Tel. 610.320.4248 Fax 610-320-4767 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James Sancenito and Shirley Sancenito, his wife PLAINTIFFS, VS. Sigman's Home Sales, DEFENDANT. VS. Ritz Craft Corporation ofPa., Inc. and John Sheriff individually d/b/a Sheriff Builders, Inc. and Rockwell Farms and Nitterhouse Concrete Products, Inc. ADDITIONAL DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL DIVISION NO, 97-C-1371 DEFENDANT. SIGMAN'S HOME SALES, REPLY TO NEW MATTER t\ND NEW MATTER CROSSCLAIM OF ADDITIONAL DEFENDANT1 ROCKWELL FARMS 16.-21. Denied. To the extent the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to JAMES SANCENlTO and SHIRLEY SANCENITO, his wife, PlaintilTs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION. LAW SIGMAN'S HOME SALES, Defendant v. RITZ CRAFT CORPORATION OF PA., INC. and JOHN SHERIFF individually d/b/a SHERIFF BUILDERS, INC., and ROCKWELL FARMS and NITIERHOUSE CONCRETE PRODUCTS, INC., Additional Defendants NO. 97-1371 CIVIL TERM ORDER OF COURT AND NOW, this ~(J day of September, 1998, upon consideration of Defendant's Motion To Compel Answers to Interrogatories and Response to Request for Production of Documents by Plaintiff, a Rule is hereby issued upon the PlaintilTand Additional Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Proccdurc providcs thc sanctions availablc to thc Court for failurc to a party to answcr lntcrrogatorics. Pcnnsylvania Rulc of Civil Proccdurc 4006 providcs, inter alia. "thc answcring party shall serve a copy ofthc [Intcrrogatory] answcrs and objcctions, if any, within thirty (30) days aftcr the service ofthc Interrogatorics." Morcovcr, pursuant to Rulc 4006(a)(2) thc rcsponding party has a thirty (30) day timc limit within which to servc answcrs and objcctions to written lnterrogatorics and adherencc to this timc limit may bc strictly cnforced. 7 Standard Pcnnsylvania Practice 2d, Written Interrogatories Section 35: 14. Finally, a failure to filc objections to Interrogatories within thirty (30) days after the service of the Interrogatorics is deemed a waiver of the right to objcct. Lane v. Hartford Accident and Indemnitv Companv. 6 D&C 4th 537 (1990). On October 28, 1997 counsel for the Dcfcndant scrved a Rcquest for Production of Documcnts upon the Plaintiff. Pcnnsylvania Rulc of Civil Procedure No. 4009 provides a procedure whereby a party may request anothcr party to produce documents or things for inspection and/or copying. The party to whom the request is directed is to serve a written response to the requesting party stating that eithcr the request for inspcction will bc permitted or that objection is made. In the instant action, no rcsponse has bccn made, no documents have becn produced, and no objections have been statcd. Pennsylvania Rulc of Civil Procedure No. 4019 provides thc sanctions available to the Court for failure of a party to respond to a Request for Production of Documents. Defendants, Sigman's Home Sales, now move for an appropriate Order compclling Answers to Interrogatories and Request for Production of Docuints within twenty (20) days. L,/ // / I ... I /b ~~t~:~:~~D~~~~~ .. . . 23. The avennents of fact contained in paragraph twenty-three (23) of the New Matter Crossclaim are conclusions of law to whieh no answer is required pursuant to the applicable Pennsylvania Rules of Civil Procedure. They are therefore denied. WHEREFORE, Additional Defendants John A. Sheriff individually and Sheriff Builders, Inc. respectfully request this Court to enter judgment in their favor and to dismiss the New Matter Crossclaim of Additional Defendant Rockwell Fanns. Respectfully Submitted, By: gites, Esquire Supr e Court ID # 58884 Da el W. DeArment, Esquire preme Court ID # 77946 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 170 \3 (717) 249-2353 Attomeys for Additional Defendants, John A. Sheriff individually and Sheriff Builders, Inc. 2 1. In response to Paragraph 22 of the New Matter/Crossclaim filed by Additional Defendant, Rockwell Fanns, Additional Defendant, Nitterhouse, incorporates its Answer, New Matter and Crossclaim as if fully rewritten herein. 2. Additional Defendant, Nitterhouse, denies the allegations contained in Paragraph 23 of the New Matter/Crossclaim filed by Additional Defendant, Rockwell Farms. Said Additional Defendant, Nillerhouse, is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further response. To the extent that an answer may be necessary, Additional Defendant, Nitterhouse, incorporates its Answer, New Matter and Crossclairns as if fully rewritten herein. In further answer, it is specifically denied that Additional Defendant, Nitterhouse, is solely liable to Plaintiffs or liable over to Additional Defendant, Rockwell Fanns, or jointly or severally liable to Plaintiffs and Additional Defendant, Rockwell Farms, for contribution and/or indemnification. To the contrary, Additional Defendant, Nitterhouse, has no liability to any party in this case under the facts and circumstances of this case. In further answer, Additional Defendant, Nitterhouse, denies said allegations pursuant to Pennsylvania Rule of Civil Procedure I029(e). 2 .... l.f) ~ l:!: - .? h N ::J~ au UJ. ~ CJ1~ ( ) .'~ .~ "'1., ,,: .:l~ p:. . ,.. -- ..... ?fj) C)r". (") 6> N );2 U.,l "Z --to I' ...... i7hQ u.:' :::. :~.1o. ., -, ..~ ... ~- " 0'" :;:), 0 0'" ,.,) ..