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Home My WebLink About07-1122Thomas F. Bmnner, Esquire I.D. -3'_685 Carly I Wismei I D. »9259$ GOI,DBEKG [ ATLhfA\. Y.C. 320 Market Street P C1. Box 1268 Harrisburg.. PA 17168-1268 717.1 2,4-41611( 717) -134-4161 (facsimile) Caamszl fin' Plcentill MATTHEW R. SNAVELY and LINDSEY G. SNAVELY Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA NO. O''1 - ;L., l ?D ?^ L CIVIL ACTION - LAW MR. ROOTER OF CENTRAL PENNSYLVANIA d/b/a MR. ROOTER PLUMBING Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Thomas E. Brenner, Esquire I.D.=32085 Carly J. Wisner LD- #92598 GOLDBERG k,ATZMAN, P.C. 320 Market street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-4161(facsunile) C'irmsel fjr Plainti/J' MATTHEW R. SNAVELY and LINDSEY G. SNAVELY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA - / a aZ C ?c NO. 0'7 vs. MR. ROOTER OF CENTRAL PENNSYLVANIA d/b/a MR. ROOTER PLUMBING Defendant : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, by and through their counsel, Goldberg Katzman, P.C., who state: I . Plaintiffs Matthew R. Snavely and Lindsey Snavely (hereinfter Plaintiffs), are adult individuals residing at 114 E. Manor Drive, Lititz, Lancaster. Pennsylvania. 2. Defendant, Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing (hereinafter Defendant), is a business corporation with business address of 2 East Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. In April of 2006, Plaintiffs owned the residence located at 343 Kelker Street, Harrisburg, Dauphin County, Pennsylvania. 4. On or about April 10, 2006.. Plaintiffs found a frozen spigot and relating piping at the outside rear of the Kelker Street residence which was leaking. 5. As such, Plaintiffs contacted the Defendant who sent a technician out to repair the leak. (Exhibit A). 6. On April 11, 2006, the spigot and relating piping that had been repaired by Defendant burst causing water damage to the kitchen. COUNT I- BREACH OF CONTRACT 7. Paragraphs 1 through 6 are incorporated herein as if fully set forth. 8. Plaintiffs and Defendant entered into a valid and enforceable contract for the provision of goods and services. (Exhibit A). 9. Plaintiffs fulfilled their obligation under the contract by making payment in for Defendant's services in the amount of $251.75 10. Defendant breached its duty under the contract by failing to properly repair the spigot and relating piping. 11. As a result of Defendant's breach, the Plaintiff has sustained damages in the amount of $7,734.55 WHEREFORE, Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, respectfully requests that ,judgment be entered in their favor and against Defendant Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing, in the amount of 57,734.55, together with the costs of suit, interest, reasonable attorneys fees, and any other remedy this Court deems just and proper. COUNT II--NEGLIGENCE 12. Paragraphs 1 through I 1 are incorporated herein as if fully set forth. 13. Defendant was negligent in that it: a. Failed to adequately train its technicians: b. Failed to properly repair the leak, and c. Failed to prevent the leak from causing water damage to the residence. 14. As a direct result of Defendant's negligence, Plaintiffs have sustained damages in the amount $7,734.55. WHEREFORE. Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, respectfully requests that judgment be entered in their favor and against Defendant, Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing, in the amount of $7,734.55, together with the costs of suit, interest, reasonable attorneys fees, and any other remedy this Court deems just and proper. COUNT II-BREACH OF WARRANTY 15. Paragraphs 1 through 14 are incorporated herein as if fully set forth. 16. At the time Defendant contracted with Plaintiffs, Defendant warranted, both expressly and impliedly, that its work would be in a workmanlike manner and to applicable codes. 15. Additionally, Defendant provided a 31 day warranty for the aforementioned products and services. (Exhibit A). 16. As the direct result of Defendant's breach of the express and implied warranties, the pipe burst resulting in damages in the amount of $7,734.55. WHEREFORE. Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, respectfully requests that judgment be entered in their favor and against Defendant, Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing, in the amount of $7,734.55, together with the costs of suit, interest, reasonable attorneys fees, and any other remedy this Court deems just and proper. GOLDBERG KATZMAN, P.C. By: _ ?1y4unn._ Thomas E! Brenner, Esquire I.D. #32085 Carly J. Wismer, Esquire I.D. #92598 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorneys for Plaintiffs Date: 2 -2-? : 0-) EXHIBIT "A" , ' • Y. v u ?_. i i W J a s o L 2 6 z 0 U ,.4 ^vt yi u (?.t +,... ice, .. .. ooa01N11 Q W W Z ? ? Y ¢ F- H- U 5 Z Z Z W ww a O 2 w w Lou ccn cc O F N I U) a w 0 ¢ D CL $ O a cc < W S an I 00000000 c .. 2LU . ?• it r? 40 =..r H=RL'L S• wiap t WpZ cq 2wO 0N ' jOZF?W ¢U =¢¢E ?a IJ J Ir 14 11 oo¢a o.Fo E¢2? y w u WOW. ,_..r LC 0 ui c Z O O ,.. V NWw ;K w Oal? t Oo p J or. Q > J Q W `d.5 WLLti A ?J cc H.O Z WSe} WmV? °a N op a Oa W2 WME WN O j 0 0 N `•`,?.?, s : 6 p? 6JO?? E ZA Q! ¢ y' > ZyZZO ` Q ' a 4WOV m ,..I., t• W Z u a W m W" LL i ? pQ ` W ?WJV A m uOOp? h " ; e ? •m u 4 0 W m O'c Q Y aaw i w •_?pp S VW=N • ? NN X cc ? 7 yq JQ?? SOZ . OM ? U . W R u. 0 1- w W •? a r u J g o a W¢S w ZJ6!- ?l I.. zl Hoe, +?+ 4 0- Efl b9 ? C G g ,t x Z w z O w O O O w ? ? C O > 2 2 a a. CL • t . Q Q Q ; ? ? ? O o O Qi V Z ?O w 0 U D F ? oCc ¢ W 0 z 6 f Z< W • •? ? J '?w Z 0 J _ N c= Z = = ° U N Z c°i W ?o to ? < M o Z ` W a W ? W o W Q $ dl -w a, W W W = O r/ m Z '' C w r w .r a l W y (a r N t? H 0 O m r y? z v a LL ? uj O VERIFIC ATION I, Francis Guillemette, hereby acknowledge that I am an authorized representative of Erie Insurance Exchange; that I have read the foregoing document and that the facts stated therein are true and correct to the best of irv knowledge, infcn-matioil "Ind belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ERIE, INSURANCE. EXCHANGE By: Date: ? p w C"? C? n.? co Z7 N O _n ?? D o LIO GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Mr. Rooter of Central PA d/b/4 Mr. Rooter Plumbing MATTHEW R. SNAVELY and LINDSEY G. IN THE COURT OF COMMON PLEAS SNAVELY CUMBERLAND COUNTY, PA Plaintiffs V. NO. 07-1122 MR. ROOTER OF CENTRAL PA d/b/a MR. ROOTER PLUMBING, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, in the above-captioned matter. Date: March 23, 2007 By: Gregory E. f?ssimatis, Esquire Attorney for Defendant Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing r CERTIFICATE OF SERVICE AND NOW, this 23rd day of March, 2007, I, Gregory E. Cassimatis, Esquires Attorney for Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, hereby certify that I served a copy of the within Entry of Appearance on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Carly J. Wismer, Esquire Thomas E. Brenner, Esquire Goldberg Katzman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 By: _ -_"- ;? ?- - - Grego . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 ? - ra C7 r- Film s:: i r GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ROBERT D. KODAK, ESQUIRE Kodak & Imblum, P.C. 407 N. Front Street, P.O. Box 11848 Harrisburg, PA 17108-1848 717-238-7152 Attorney I.D. #18041 ATTORNEY FOR DEFENDANT, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing ATTORNEY FOR DEFENDANT/ COUNTERCLAIM PLAINTIFF Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing MATTHEW R. SNAVELY and LINDSEY G. IN THE COURT OF COMMON PLEAS SNAVELY CUMBERLAND COUNTY, PA Plaintiffs V. : NO. 07-1122 MR. ROOTER OF CENTRAL PA d/b/a MR. ROOTER PLUMBING, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: Matthew R. Snavely and Lindsey G. Snavely c/o Carly J. Wismer, Esquire Thomas E. Brenner, Esquire GOLDBERG KATZMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. GREGORY E. CASSIMATIS, ESQUIRE 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 717-791-0400 Attorney I.D. # 49619 ATTORNEY FOR DEFENDANT, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing MATTHEW R. SNAVELY and LINDSEY G. IN THE COURT OF COMMON PLEAS SNAVELY CUMBERLAND COUNTY, PA Plaintiffs V. : NO. 07-1122 MR. ROOTER OF CENTRAL PA d/b/a MR. ROOTER PLUMBING, Defendants CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, by and through their counsel, Gregory E. Cassimatis, Esquire and files the following Answer With New Matter and Counterclaim to Plaintiff's Complaint and states as follows: 1. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. 2. Admitted. 3. Denied. After reasonable investigation, the answering Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 3 of Plaintiffs' Complaint and the same are deemed denied and strict proof thereof demanded. 4. Denied pursuant to Pa.R.C.P. §I029(e). 5. It is admitted that the Defendant sent a technician to the Plaintiffs' premises on April 10, 2006. 6. Denied pursuant to Pa.R.C.P. §1029(e). COUNT I - BREACH OF CONTRACT 7. The Defendant incorporates its answers to paragraphs 1 through 6 above herein by reference as if fully set forth at length. 8. Denied as a legal conclusion to which no responsive pleading is required. 9. Denied as a legal conclusion to which no responsive pleading is required. 10. Denied pursuant to Pa.R.C.P. §1029(e) and as a legal conclusion to which no responsive pleading is required. 11. Denied pursuant to Pa.R.C.P. §1029(e) and as a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, demands judgment in its favor and against Plaintiffs, together with costs of suit. COUNT II - NEGLIGENCE 12. The Defendant incorporates its answers to paragraphs 1 through 11 above herein by reference as if fully set forth at length. 13(a)-(c). Denied pursuant to Pa.R.C.P. §I029(e). 14. Denied pursuant to Pa.R.C.P. §1029(e). WHEREFORE, Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, demands judgment in its favor and against Plaintiffs, together with costs of suit. COUNT II - BREACH OF WARRANTY 2 15. The Defendant incorporates its answers to paragraphs 1 through 14 above herein by reference as if fully set forth at length. 16. Denied as a legal conclusion to which no responsive pleading is required. 15 [sic]. Denied as stated. Exhibit "A" speaks for itself. 16[sic]. Denied as a legal conclusion to which no responsive pleading is required. WHEREFORE, Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, demands judgment in its favor and against Plaintiffs, together with costs of suit. NEW MATTER 17. Plaintiffs' Complaint fails to set forth a cause of action upon which relief can be granted against the Defendant. 18. If Plaintiffs suffered any damages as alleged, they were caused solely and primarily by Plaintiffs' own carelessness, recklessness and negligence. 19. If Plaintiffs suffered any damages as alleged, they were caused solely and primarily by the carelessness, recklessness and negligence of parties other than the answering Defendant and over whom the answering Defendant had no control or right of control. 20. When Defendant's technician reported to the Plaintiffs' premises on April 10, 2006, the technician found water damage to the kitchen cabinet area, floor, walls and elsewhere on the inside rear of the Plaintiffs' premises. 21. When the Defendant's technician reported to the Plaintiffs' premises on April 10, 2006, he found a fracture of an interior supply pipe approximately one inch in length located on the inside rear of the Plaintiff's premises under the kitchen sink. 3 22. When the Defendant's technician reported to the Plaintiffs' premises on May 4, 2006, the technician found a pinhole leak in a 90° copper elbow located just inside the exterior siding of the Plaintiffs' premises. 23. All or part of the Plaintiffs' alleged damages were caused due to conditions existent on the Plaintiffs' premises prior to the arrival of the Defendant's first technician on April 10, 2006. 24. All of the work performed by the Defendant's technicians on April 10, 2006 and May 4, 2006 was performed appropriately and correctly. 25. Plaintiffs failed to mitigate their damages. 26. If damages alleged in Plaintiffs' Complaint were sustained as a result of any negligence or other liability producing conduct as alleged in Plaintiffs' Complaint, all of which are specifically denied, then Defendant is entitled to a set off in the amount of $729 for work performed on May 4, 2006 at the Plaintiffs' premises located at 343 Kelker Street, Harrisburg, Dauphin County, PA. WHEREFORE, Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, requests your Honorable Court to enter judgment in its favor and against Plaintiffs, together with costs of suit. COUNTERCLAIM AND NOW, comes Defendant, Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing, by its attorneys, Kodak & Imblum, P.C., and files this Counterclaim against Plaintiff of which the following is a statement: 17. The Defendant incorporates fully at length herein its responses to paragraphs 1 through 16 of Plaintiff's Complaint the same as if fully set forth at length herein. 4 18. Defendant/Counterclaim Plaintiff did accommodate Plaintiff/Counterclaim Defendant by attempting to do exploratory work to pinpoint the nature of Plaintiff/Counterclaim Defendant's plumbing problem and at the time did not charge for that work. 19. Since that time Plaintiff/Counterclaim Defendant has pursued its complaint against Defendant/Counterclaim Plaintiff despite Defendant/Counterclaim Plaintiff's efforts to resolve the matter amicably. 20. There is currently a balance due and owing by Plaintiff/Counterclaim Defendant in the amount of Seven Hundred Twenty-Nine Dollars ($729.00) for its further exploratory work as per Exhibit "A" attached hereto. WHEREFORE, Defendant/Counterclaim Plaintiff demands this Honorable Court enter judgment in its favor on the Counterclaim in the amount of Seven Hundred Twenty-Nine Dollars ($729.00), plus interest and cost. Respectfully subm' d, KODA P By: Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-71751 Attorney I.D. No. 18041 Attorney for Plaintiff Date: By: Gregory . assimatis, Esquire Attorney for Defendant Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing 5 VERIFICATION I, Art Nelson, of Associated Products Services, Inc., a Defendant herein, verify that I am authorized to execute this Verification and verify that the facts set forth in the foregoing Answer With New Matter and Counterclaim to Plaintiffs' Complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. To the extent that the contents of Answer With New Matter to Plaintiffs' Complaint are that of counsel, I have relied upon counsel in executing this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: Name: lty-,?J Art Nelson ,?,, k) ? i + A 04!06r'07 12:07 FAX 7177910524 Harrisburg LAgal 4 005 MAR-08-2007 THU 03:04 PH Enders Insurance FAX NO. 7175451191 P. 12 Fror:dAKE 717 786 4299 pgfoBl 7 14:a?a #617 f'.011ID11 r r C _ x 4 44 V V ?a n Fsc ? C ?r w .• g ?tIQQ ? ' ? Zt R F ® c??? q a 13 Im Q v o v ?? - ? . " x flgQ[IpQII? ? j HIM lO i lam f,'L Q•? ? _ ? • - .. _ __ . - - T ••?. - - _ -?-.r-.tom -- ..-- .....?. - ,. _ .. CERTIFICATE OF SERVICE AND NOW, this 26th day of April, 2007, I, Gregory E. Cassimatis, Esquire, Attorney for Defendant, Mr. Rooter of Central PA d/b/a Mr. Rooter Plumbing, hereby certify that I served a copy of Defendant's Answer With New Matter and Counterclaim and Notice to Plead on this date by depositing same in the United States mail, postage prepaid, in Mechanicsburg, Pennsylvania, addressed to: Carly J. Wismer, Esquire Thomas E. Brenner, Esquire Goldberg Katzman, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Robert Kodak, Esquire Kodak & Imblum 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 By: Gregory' . Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 (717) 791-0400 Attorney I.D. # 49619 C? p rl1 c.,? - ;sue C Thomas E. Brenner, Esquire I.D. #32085 Carly J. Wispier I.D. #92598 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff MATTHEW R. SNAVELY and LINDSEY G. SNAVELY Plaintiff VS. MR. ROOTER OF CENTRAL PENNSYLVANIA d/b/a MR. ROOTER PLUMBING Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 07-1122 CIVIL ACTION - LAW PLAINTIFFS' RESPONSE TO NEW MATTER AND NOW, comes Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, by and through their counsel, Goldberg Katzman, P.C., who state: 17. Denied. The averments in this paragraph state legal conclusions to which no response is required. 18. Denied.. The averments in this paragraph state legal. conclusions to which no response is required. 19. Denied. The averments in this paragraph state legal conclusions to which no response is required. 20. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments. 21. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments. 22. Denied. After a reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments. 23. Denied. The averments in this paragraph state legal conclusions to which no response is required. 24. Denied. The averments in this paragraph state legal conclusions to which no response is required. 25. Denied. The averments in this paragraph state legal conclusions to which no response is required. 26. Denied. The averments in this paragraph state legal conclusions to which no response is required. WHEREFORE, Plaintiffs, Matthew R. Snavely and Lindsey G. Snavely, respectfully requests that judgment be entered in their favor and against Defendant, Mr. Rooter of Central Pennsylvania d/b/a Mr. Rooter Plumbing, in the amount of $7,734.55, together with the costs of suit, interest, reasonable attorneys fees, and any other remedy this Court deems just and proper. COUNTERCLAIM 17. Plaintiffs fully incorporate paragraphs 1 through 1.6 of their Complaint as if set forth in. full. 18. Denied. Defendant/Counterclaim Plaintiff contracted with Plaintiff/ Counterclaim Defendant to properly repair the spigot and relating piping and failed to do so. 19. Denied. The litigation is pursued because of the action of Defendant Mr. Rooter as set forth in the Complaint. 20. Denied. The averments in this paragraph refer to a writing which speaks for itself. By way of further response, Exhibit "A" to Defendant/ Counterclaim Plaintiffs Answer with New Matter and Counterclaim lists the total. balance as N/C. Furthermore, Defendant/Counterclaim Plaintiff states in paragraph 18 of the Counterlaim that they did not charge for the exploratory work that was performed. WHEREFORE, Plaintiffs respectfully request this Honorable Court dismiss Defendant's Counterclaim with prejudice. GOLDBERG KATZMAN, P.C. By: ?qwk Thomag E. Brenner, Esquire I.D. #32085 Carly J. Wismer, Esquire I.D. #92598 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorneys for Plaintiffs Date: May 4, 2007 VERIFICATION I, Carly J. Wismer, Esquire, hereby acknowledge that I am the attorney for Matthew Snavely and Lindsey Snavely; that I have read the foregoing document; that there are no new facts of record contained in the document; and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 1.8 Pa.C.S. §4904, relating to unsworn falsification to authorities. bA? Carly J. ' -mer, Esquire Date: May 4, 2007 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below via United States mail, addressed as follows: Robert Kodak, Esquire PO Box 11848 Harrisburg, PA 171.08-1848 Gregory Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 GOLDBERG KATZMAN, P.C. By: /?, All C4 1 ]. Wismer, Esquire Date: May 4, 2007 c? 0 C c:::5 -n - - ? m t5 3'J SHERIFF'S RETURN - REGULAR CASE NO: 2007-01122 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SNAVELY MATTHEW R ET AL VS MR ROOTER OF CENTRAL PA ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MR ROOTER OF CENTRAL PENNSYL- VANIA DBA MR ROOTER PLUMBING the DEFENDANT , at 1600:00 HOURS, on the 5th day of March , 2007 at 2 EAST STREET MECHANICSBURG, PA 17055 by handing to ARTHUR F NELSON IV, CUSTOMER SERVICE REP, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Postage .39 Surcharge 10.00 .00 31"167 /? ? 38.95 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/06/2007 GOLDBERG KATZMAN By Deput -Sh riff of A. D. '. / . % Thomas E. Brenner, Esquire Goldberg Katzman, P.C. PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff MATTHEW R. SNAVELY and LINDSEY G. SNAVELY Plaintiff vs. MR. ROOTER OF CENTRAL PENNSYLVANIA d/b/a MR. ROOTER PLUMBING Defendant : IN THE COURT OF COMMON PLEAS OF : :CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-1122 : CIVIL ACTION-LAW PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark this action, including any and all counter claims, settled and discontinued. BERG KATZMAN, P.C. By: Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorneys for Plaintiff Date: May 4, 2009 170587.1 . . - 10 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Code, by depositing a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows: Gregory Cassimatis, Esquire 4999 Louise Drive, Suite 103 Mechanicsburg, PA 17055 GOLDBERG KATZMAN, P.C. By:? doaas6E. Brenner, squire Date: May 4, 2009 170587.1 OF THEE PSOTHr,l-',J-r-ITARY 2009 MAY --5 AM 11 .56 cuklbi-t