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HomeMy WebLinkAbout00-06473 .......... ~- ......!I,I;;~, LEON BARTOSIC and DONNA BARTOSIC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: C() - (p Lf 73 c.;.xQ VS PENNSYLVANIA WATER SPECIALISTS, INC. t/a RAIN SOFT WATER TREATMENT : SYSTEMS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you nust take action within twmty (20) days after this cooplaint and notice are served, by entering a written appearance personaL].., or by an attorney and filing in writing with the court your defenses or objec tions to the claims set forth against you. You are warned that if you faii to do so the case my proceed without you and a joo!Jl2llt rray be entered against you by the =urt without further notice for any ITOney cl.a.irred in the cooplaint or for any other claim or relief requested by the plaintiff. You my l.ose ITOney or property or other rights illportant to you. YOO SJmD TAKE 'IllIS PAPER 'IO YOOR LlIWYER AT CN:::E. IF YOO 00 N:Jr HAVE A lAWYER OR CNNJI' AFFORD em, en 'IO OR 'l"ELEPOCtlE THE OFFIa:: SET FOR'nl I3EI.a'l 'IO FIND cur WHERE YOO CAN GET lEGAL HELP. CU~BERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 qJ'''''_~ d'C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEON BARTOSIC and NO: HJ- (. '(73 ~ T.-t.-.. DONNA BARTOSIC VS PENNSYLVANIA WATER SPECIALISTS, INC. t/a RAIN SOFT WATER TREATMENT SYSTEMS COM P L A I N T AND COMES NOW, LEON BARTOSIC and DONNA BARTOSIC, by their attorney, J. Christian Ness, and files the following Complaint: 1. Plaintiffs, LEON BARTOSIC and DONNA BARTOSIC, reside at 269 Country Club Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, PENNSYLVANIA WATER SPECIALISTS, INC., is a corporation, doing business as RAIN SOFT WATER TREATMENT SYSTEMS, engaged in the business of selling, installing, and servicing residential water softening equipment and appliances, having a place of business at 312 East Walnut Street, Lancaster, Lancaster County, Pennsylvania 17602. 3. On August 24, 1999, Plaintiffs and Defendant entered into a written agreement, by the terms of which Plaintiffs agreed to purchase a water softening system from Defendant, and Defendant agreed to supply, install, and service the system at the residence of Plaintiffs. The contract price was $3,805, which Plaintiffs paid through I , II "__._.0,;'-; financing arranged by Defendant. A copy of the contract between Plaintiffs and Defendant is attached and marked as Exhibit "A". 4. Defendant installed the water softening system on or about August 26, 1999. 5. At the time that the parties entered into the contract marked as Exhibit "A", Defendant represented that the water treatment system sold and installed by Defendant was subject to a limited lifetime warranty, and Defendant delivered to Plaintiffs at the time of the transaction warranty documents dealing with the water treatment system and water filter, which are attached and marked as Exhibit IIBIt and lien. 6. Within a week after installation of the water softening system in the home of Plaintiffs, the system malfunctioned. Specifically, the computer on the system malfunctioned, causing the system to continuously pump water into the sump bed of Plaintiffs' basement. Plaintiffs immediately contacted Defendant, explained the problem, and Defendant's agent instructed Plaintiffs how to turn the system off to prevent continuous operation of the system. Plaintiffs complied and turned the system off. 7. Approximately one day after the initial complaint, the service technician of Defendant came to the residence of Plaintiffs and reset the computer. Without the knowledge of Plaintiffs, he also purported to adjust Plaintiffs' sump pump. , I 8. Within several days after this initial service call, referred to above, the system malfunctioned again. The computer apparently malfunctioned, and the system ran continuously, on this occasion, flooding the basement to a depth of approximately four inches. Plaintiffs again called and the Defendant sent a service technician to the residence, who represented that the prior service technician improperly made alterations and adjustments to the sump pump. This technician also purported to reset the computer of the system. 9. On or about September 3, 1999, the system again began to run continuously, and flooded the basement of Plaintiffs' residence to a depth of approximately two to three inches. On September 3, 1999, a third service technician was sent by Defendant to the home of Plaintiffs, and the service technician acknowledged to Plaintiffs that the computer on the systems sold to Plaintiffs has inherent defects, and would have to be replaced. The technician also represented to Plaintiffs in writing that he reset the computer, and filled the tanks. He also represented that the capacity of the system was set wrong at the factory, which could be the reason for long remissions. He represented that if a fourth service call was required, the computer would have to be replaced. 10. Within a day after the last technician appeared, the system again ran continuously, requiring the sump pump to operate continuously to discharge water from the system. II ",.-;'-(- To prevent another flooding of the basement, Plaintiffs shut the system down. After this occasion, Plaintiffs contacted the Defendant's Lancaster office and spoke with the manager, Dave Giberson. Dave Giberson indicated to Plaintiffs that he would send someone by to pick the system up, and refund the money of Plaintiffs. Later, Giberson said that he would not pick the system up or refund the money because the system had been financed. Giberson, at that point, said that there was nothing that he could do, and refused to pick up the system. 11. Plaintiffs then contacted the main office of Defendant, in Illinois, and a representative of the main office told Plaintiffs that they would get back to them through their attorneys, but no return contact was made. 12. Because no action was taken by Defendant, either by picking up the system, or fixing the system, Plaintiffs hired a master plumber to remove the system in order to avoid further flooding, at a cost of $165.25. A copy of this bill is attached to this Complaint and marked as Exhibit "D". COUNT I 13. The allegations set forth in paragraphs 1 through 12 above are incorporated by reference. 14. The Defendant breached its warranty agreement with I Plaintiffs in that the system never properly operated from the date of purchase, nor was it ever serviced or replaced. 15. As a result of the breach of the warranty, ii il !.--I-'. '-,,,. Plaintiffs have suffered damages in the amount of $3,970.25, for which claim is made upon the Defendant. WHEREFORE, Plaintiffs demand judgment against the Defendant in a sum of $3,970.25, along with interest and costs of suit. COUNT II 16. The allegations set forth in paragraphs 1 through 15 above are incorporated by reference. 17. Defendant held itself out to Plaintiffs, and others in the community, as a supplier, installer, and servicer of water softening systems. 18. Defendant breached an implied warranty of fitness in the installation of a system which never functioned from the date of purchase and installation. 19. As a result of this breach of implied warranty, Plaintiffs have suffered the following damages: (a) The purchase price of $3,805.00; (b) Plumber's cost of $165.25 to remove the system; WHEREFORE, Plaintiffs demand judgment against the Defendant in a sum of $3,970.25, along with interest and costs of suit. COUNT III 20. The allegations set forth in paragraphs 1 through 19 above are incorporated by reference. 21. The Defendant was negligent in the manufacture, installation, and service of the water softening system I, II ~"-:'___'" ,,;f'_, ,-j,';_ purchased by Plaintiffs, as a result of which the system never operated properly from the inception of the contract. 22. As a result of the negligence of Defendant, Plaintiffs have suffered damages as follows: (a) The purchase price of $3,805.00; (b) Plumber's cost of $165.25 to remove the system; (c) Time expended in cleaning up the repeated flooding by the system, for which Plaintiffs claim $500. WHEREFORE, Plaintiffs demand judgment against the Defendant in an amount not in excess of $5,000, along with interest and t J> At orney 5941 S, SQUIRE Plaintiff , , ,I Ii !IIIlll~~~> J ..."~_ - - I verify that the statements made in this instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 Par C.S. Section 4904 relating to unsworn falsification to authorities. Dated: C) ~J Ul) "~1l1l~__ I "~">"~ ~'--" ~ ~. 312 E. WALNUT ST., lANCASTER, PA 17602 291.5599 -~"-....~;; WATER TREATMENt EQUIPMENT PENNSYLVANIA WATER SPECIALISTS INC. "'j 1.80ll-327.1293 Map Showing Dil8C1ions To InstaIla1ion From N.."", Main Roads Dissolvad 0 PPM X 5 GPG ......... . . .. .. . .. Suspended 0 PPM Bacterial 0 .................. Ie 6. Total Grains of Hardness Per Gallon .......:......... i 1t~ 7. Total Estimated Grains Treated P W (. . 6 I <'"('(10 ar aak Line 3 x Line ) ........ = ,,1 ~. ,', : . 8. Model To Deliver Grains Per Rageneration 9. Number of Re9~ner8tions Per Week . . .7.' .. =' ... '. . . . .-l ',., ': " ...... '.':''':.' ,":,...". ;,'..... Las 10, pH Balanca ".. .....",.... J:.:'1.:. ..:........" l1.Nitrat.. ............... - .....2-,..;....... PPM 12. Chlorine Yes 0 No fl.". . . . . .. .--.-..= .,. \. .:. . . PPM 13. Heavy Malala .., //./\(.'. (1\0.(.:" C. . . , . . . . . /.. . 14:'Water Appearance, Clear 0 Turbid 0/ Odor 0 Sediment 0 Tannin 0 15. Watar Souro. Cit'1 0 DriUed Vie" t;\'WeII 0 OtherD ..... ..... '........ ,',.. ............. 18.0tha, "....,....,........",..............., ,/( f.f lo( i ,/ (//4. L /' /? Fnr f~' TERMS ." I, LA.. . ( IL~._'. , - ~? Nou1PS 1) (/"61,([i) f! t:;t/\z;., /'~'{)/Jm TOTAl...,,'f\<{:'"$ ..~:,?:c~S;'~' :, ,. i DEPOSiT,..C. ".)":"..,,..$ ';i;" '?"ii."l,"h'''' The pulch,J;.~8it.r ,t4r~~~ ,-~..<JHaUon. buys and 8C~.~~:~~;8ry' ~f ~h~ '8'b~~~-d~~~~I~~d~ 9':~d~"~h'l~h ~h~'II' . remain .1 personal property even If attached to r'81 property, and 8gr81]' to pay to the Sellar or Holder the said Total of Payments In accordance with the payment schedule .at forth hereon. '7 . ({" " , Total Cost of System $ . .-) 6~ .~",OO........:.. ,.' ......./ , 'l)( "I-r%I~ll((f /""Cl"~\\ t' '.") ,-: DeteTaBeOehvered-lnstalled 1. ",0."';.. ......." Purchaser~ ..... 4-.. ...\\.~ .....V.-..(7"-~.....''-_~ , 2C~ L I Company Representative ,1,-.... < .-:. : I: . !.l:'-!~ ~ ':J:"". .'--)/( Purchaser ~ .,'" .... 'f:} . _'" . . .). . . '/,.,.- ,r ". I' " I,' I -; "1'1../ To cancel this transaction, mail or deliver a signed anddated 1-- U ( ; l:'.,~' ! t;~ ~,I I , I ,- copy of this cancellation notice or any otherwrinen notice, or send a telegram, to I ,rD." [ i)C'", I "A ,;~',~ "1' 0.<1 r Nama .~, t:.. '" . c, 7' '."" ,";"" (1<11<" .j;;>....... Add'a~ 2&.9..c. o.u''iZit:;ij" J.l!.t::.: ..t:.ot;AJ. Cit'1(i.\e.~ \-:,.l,./:: St.t. ,,/1' ....,.. Zip J'7(U3.., "li" ". . c' Phone-Home .(. S.../:::., S ..}. Business .............. '/ 1. Number of People in House ......... ~ " . . . . . . . . . a. Automatic Washer (%: person) ..... .t. i;... . . . . . . . b. Automatic Dishwasher (%: person) ... I.(.l_. . . . . . . Totsl . . . . . . . . . . .. . . . . . . , . .. .3..... . . . 2. Times Estimated Gallons Per Person Per Week x ?~~. . . 3. Estimated Gallons Used Per Week ..... = i 5Lr) GAL 4. Hardness of Water IGrain. p", Gallonl . , . . .I. Q, , . GPG 6. TotallronContent ....... .'":'...... .. NOT LATER THAN MIDNIGHT OF :X~7::Z-'1'7' {Date' I HEREBY CA,NCEL THIS TRANSACTION. N w I E s (, ' /}.) -,.:>c r.t {Irl( IC . UN/~NO. '~'" \ I " .' ."n ,',1 I "I' "j .' \/ l...-' -I . / \. .\ . (j " 1. "'il;.,}:..:. ..,:.......,,,.$ ..,,,.,,....,,,...., 2. .. ,('\:'HiY.\".. ,.......$ ........."....",.. 3, ..........................$ .......,............ 4. ..,..........,......,.....$ .",.....,.....",.. 5. .....,....................$ ........ '!f"";~,........ ._... \..~" INSTAllATIDN, ' , , . . .'. , , , . . . . $ "", .' SUBTOTAL. . . . . . . . . . . . . . . . ... . ::\.:;;".O.-S... {.. O. .. . . TAX. "..... ".",.",,$ "."CJ......".... , (date of transaction) "YDU. THE BUYER. MAY CANCEL THIS TRANSAC. TION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRA.NSACTION. This COpy Contains All Agreements ANY REFUND DUETO CANCELLATION WILL BE MADE BETWEEN 15 (Buyer', Signature) AND 30 DAYS f~OM DATE OF CANCELLATION. {Dete' eJLh ;bi +- '\ H II - - ~ , " - Limite a Lifetime Warranty For as long as you own the equipment RainSoft. Division of Aquion. Partners Limited Partnership, believing its WATER TREATMENT SYSTEM WITH ION- X 2000 to be of exceptional quality, hereby warrants said equipment to its first purchaser at retali as follows: . The following components - TREATMENT TANK and VALVES, ION,X 2000 MINERAL, and BRINE TANK are WARRANTED AGAINST DEFECTS IN MANUFACTURE FOR THE LIFETIME OF THE FIRST PURCHASER AT RETAIL. ELECTRICAL PARTS are warranted against defects in manufacture for FIVE YEARS and pro,rata warranted for an additional FIVE YEARS. This warranty begins at the lime the equipment is first connected for use, and is contingent upon the return of a signed owner's registration card. This warranty does not require replacement of the enUre unit. If the equipment does not perform properly, you should request service from the dealer that sold you the equipment. If you are not satisfied, you should notify our Customer Service Manager. If we are not able to arrange local servicing, you should send the defective part{s) (or, if you prefer, send the entire unit,) directly to the manufacturer, freight prepaid, with proof of purchase and a copy of this warranty. The defective part(s) (or enUre unit) wUl either be repaired or new.RainSolt part(s) lurnished, tor a nomina.l charge to cover labor, handling, packing and the increase, if any, in the retail price of the part(s) since tr,e date of purchase. Genuine RainSoft parts must be used. Failure to use genuine RainSoft parts will void the warranty and certifications. The RainSotl "sys(em~ you purchased may include non~RainSoft Equipment the dealer has added to provide you with the best possible water quality. RalnSoft division of Aquion Partners does NOT warrant or guarantee non.RainSoH products. Check with your dealer for the 'specific warrantees or guarantees for any non-RainSoft Product. his warranty does not include labor charges, and does not cover installatJon, transportation, or any other claims or torts Some states 00 not allow the exclusion or limitation of incidental or consequential damage.s, so parts o~ the abol/e limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. You also have implied warranty rights, In the event ot a problem with warranty seNice or performance, you may be able to go to a small claims court, a State court, or a Federal district court. " This warranty is void if equipment is not installed and operated according to instructions. It does not apply to damage caused by abuse, accident, neglect, freezing, fire, or other abnormal conditions beyond the company's control. This warranty is void on any part from which the manufacturing date has been removed or made illegible. RainSott@ Division of Aquion@Partners Limited Partnership 2080 East Lunt Avenue Elk Grove Village, Illinois 60007 USA E\LJ)j' b,' tit r3 ~ ~, . l~ -~ ~ . ,,:.,. 1"'"'i:1~,; """_"~<,,'n',,,,, ~ilj" . """'- ~~ ~ ~~ > -"-" ~< "- ~'iW"'~"",,~!.@-~' t:U1i-bl't I'LI( ~~'"4.0;"" <-~;,,~, -< -~;a ~ m ::I __. "" 0 :D "en a :=; s:: => fit '3~ ;r: m ....c ~GI ~''-.a.,.. , Q c' " ... " ... OJ '" e :;- Jl ?I - w Cl CD ,., - :t Z 3 '" "... - VI :L :.> CD 0 ",-30 ." :D ::;: n a ~"Q" ~ t Gl Cl ~ m ::J =-: ~-':tt:i '; (/' lD (JJ CIl ::l 3;;l=. ~tC Cl :-~ CIl , ;5, , ~~ !iT . " i~~::J -! ' ... ;II :.> 3: z 0 0' m :!~-a ;:: Cl Cl ::l CD IC:w....a 0 m :rJ CIl < ~ ga. C -n m II:> . fJ' I ... z o Q 1" ~ -< :D -< ~ ::D ~ z :iE (JJ ~ 0 -< Si c: ~ ;!; '" 0 ~ ::l . - Z 0 (JJ , =, m 0 ~ "" m !!'. .. ~ 3 it D ~ \(0 "- l ~ r .... .... ell ::> o ~ c {' " ~ 0 () 0 s:: r Z '" :.> C/) 3 to -" -'. z m :\ '" ~ Cl <! ~ 2, 2 & '/J m o' Q.c,E ") co ~ (1) E V-l1 t' brt "011 cd W~Tp:TT BBBe Te 'qdcJ 'ON 3NOHd II I H dl,J~J . Sd3l3M3f zmnol,J WOdcJ - . ~- "'"' '", < "-li"liili f\ SHERIFF'S RETURN - OUT OF COUNTY 00, CASE NO: 2000-06473 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARTOSIC LEON ET AL VS PENNSYLVANIA WATER SPECIALISTS R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PENNSYLVANIA WATER SPECIALISTS INC T/A RAIN SOFT WATER TRAEAT but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 16th , 2000 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Lancaster Co 38.13 .00 75.13 10/16/2000 J. CHRISTIAN NESS ~~:/~ ~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /9 Ie day of ~ c.2rw-i) A . D . ~ ()f1;u' ~ L..-- _ tdl ~ ~ Prothonotary' 'fur ~i.;I0;~ :~-.ti:'Jr_,';;' ~_..""^ ,,~"~~~H";!I~%'~~~~'~v~-"''''''''-'''''''',",,4-,'='Il",,'''-''''-"'J!'''"''''''~'',~b,i__1Il;fd''''_~~~~,l<;l-,4l;,#""j~",,_~!jW"""ll;-.\9ili\'l;;i$!l.j\~(mill~~~l ".;. . 0:- f SHERIFF'S OFFICE . 50 NORTH DUKE STREET, P,O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 . (717) 299-8200 Leon Bartosic 3. DEFENDANT/S/ et. al. t:.~;..;;~:.. ~ \'~~-~I."~:~f:- 2. COURT NUMBER Notice & Complaint 4 TYPE OF WRIT OR COMPLAINT SHERIFF SERVICE .. . "'" PROCESS RECEIPT, and AFFIDAVIT OF RETURN i'"1itAlNTIFf/Sf PA Water S ecialists Inc. t a Rain Soft Water re SERVE {5' NAME OF INOIVIOUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. ~ PA Water Specialists, Inc., t/a Rain Soft Water ...".. 6. ADDRESS (Street or RFD, Apartment No., City, 80ro, Twp., State and ZIP Code) AT 312 E. Walnut St, Lancaster, PA 17602 7. INDICATE UNUSUAL SERVICE; ~EPUTIZE 0 OTHER Now, 9 ! 2 5 ! 0 0 20 _ , I, SHERIFF OF ~IlCCOUNTY, PA, Xl!~~)j'XX Lancas ter County to execute thi a to law. This deputation being made at the request and risk of the plaintiff, 8. $PECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE; r.:- /........ '.\ U) CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff lellying upon or attaching any property under witt'lin writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to a.ny plaintiff herein for any 1055, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY Or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 12. SEND NOTICE OF SERVICE COpy TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed) J CHRISTIAN NESS 43 N DUKE ST YORK PA 17401 LAW OFFICE OF J CHRISTIAN NESS H:.~'SIt'o'" ',"!fIl' W'p,....'Ud:. ~'d ~,..,. 'NE.' a;;: 1:)' '," 'WR' '/iE" " :,.t(fMo,,":''''''' :d .": """"'" , .. ,'" 'E:"'~ m "', ' :J'_ "'N"''I':, , ' : , b... 0-/~:",~,.~,n~'.._ M ~.'."l" ",,,,KG,<,, t1;J. ,. m. """V _'!ii<<-'.Y_,.ID . WI..., NAME of Authorized LCSO Deputy or Clerk 14. Date Receilled 13. I acknOWledge receipt of the writ l or complaint as indicated above. r ANNETTE WALTON 17-295-3609 15. Expiration/Hearing date 10 23 00' 16. I hereby CERTIFY and RETURN that I 0 have personally served~- ave legal evidence of service as shown in "Remarks", 0 haye ~xecuted as shown in "Remarks", the writ orcomplaint described on the individual, company, corporation, etc., at the address shown above or on the mdlvidual, company, cor- poration. etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 hereby certify a.nd return a NOT FOUND because I am unable to locate the individual, compa 18. Name and title of individual served (if nol shown above) (Relationship to endant) J 'vU \\\ s- r-e:.<il~ t 20. Address of where served (complete only if different than shown above) (Str t or8FD,Apartment No., C y, Boro, Twp. State and Zip Code) corporation, etc., named above. (See remarks below) 19. ONoService See Remarks Belrm {No. 30} 21. Date of Service 22. Time 10/5/oe 1(:): I () AM ~ EDST 23. ATTEMPTS Miles Dep. Int. S 36.50 .q (;.f:.<fF 02fL>;LO /tI/;/oO R111173 100.00 30. ~EMARKS; S.T.A., 34 37 'HITE . Issuing Authority 2. PINK - Attomey 3. CANARY. Sheriff's Office 4. BLUE ~ Sheriff's Office ,ID,,<_,",',",H- ~~ 1I!1ilBIlI&,", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LEON BARTOSIC and NO. 00-6473 Civil vs. PENNSYLVANIA WATER SPECIALISTS, INC. tla RAIN SOFT WATER TREATMENT SYSTEMS ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Answering further, at the time of installation Defendant's employees noted water stains onthe floor around the sump pump, which was brought to Plaintiffs' attention. Mrs. Bartosic stated that they would replace the sump pump, if necessary. 5. Admitted. 6. Denied. To the contrary, Plaintiffs initially complained of a leak in the system, but later called back to advise that it was a problem with the sump pump and that they would take care of it. 7. Denied. To the contrary, Plaintiffs initially complained of a leak in the system, but later called back to advise that it was a problem with the sump pump and that they would take care of it. 8. Admitted in part, denied in part. It is admitted that a service technician was sent to the 1 ~,~r~ - " " (!j.,,"~-r:""""'"' residence in response to a call on September 3,1999. The remaining averments of this paragraph are denied. To the contrary, the service technician did make an adjustment to the computer, but found nothing wrong with the system. He explained to the Plaintiffs that the unit takes approximately 3.5 hours for its regeneration cycle, and that the water on the floor was due to a malfunction of Plaintiffs' sump pump. 9. Admitted in part, denied in part. It is admitted that a service technician was sent to the residence in response to a call on September 4, 1999. The remaining averments of this paragraph are denied. To the contrary, the service technician did make an adjustment to the computer, but found nothing wrong with the system. The technician tested the computer and confirmed that it held the program. Because the technician determined that there had been no computer malfunction, but instead a problem with the sump pump, he attempted to repair a sticking float device in the sump pump at no charge to Plaintiffs. 10. Denied. To the contrary, any flooding problems were the result of Plaintiffs' faulty sump pump rather than a malfunction of the system. It is admitted that Defendant received a phone call from Plaintiffs' son demanding that the system be removed. Although Defendant believes that the Plaintiffs' problems were due to the defective sump pump, Defendant nonetheless offered to immediately replace the system with a new unit at no additional charge, since Plaintiffs apparently felt that the installed unit was defective. Plaintiffs' son rejected this offer. Defendant further offered to replace Plaintiffs' sump pump at no charge, but this offer was refused as well. Defendant's service manager never offered to remove the system and provide a cash refund. 11. After reasonable investigation, Defendant is without knowledge or information 2 , -; " .b.iill'_~ sufficient to form an answer to the allegations of this paragraph, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 12. After reasonable investigation, Defendant is without knowledge or information sufficient to form an answer to the allegations of this paragraph, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. COUNT I 13. Defendant incorporates its foregoing answers to paragraphs I through 12 by reference herein. 14. Denied as a legal conclusion. To the contrary, the system operated properly. The problem was a defective pre-existing sump pump system which Plaintiffs requested to be the drain outlet for the system. Furthermore, Defendant has offered, and still offers, to replace the system at no charge to Plaintiffs. 15. After reasonable investigation, Defendant is without knowledge or information sufficient to form an answer to the allegations of this paragraph, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. COUNT II 16. Defendant incorporates its foregoing answers to paragraphs 1 through 15 by reference herein. 17. Admitted. 3 ..lIlilllt!l, . " ,~ ,> . Jl>!,p"'i!-.!ik,;,"i' 18. Denied as a legal conclusion. To the contrary, the system operated properly. The problem was a defective pre-existing sump pump system which Plaintiffs requested to be the drain outlet for the system. Furthermore, Defendant has offered, and still offers, to replace the system at no charge to Plaintiffs. 19. After reasonable investigation, Defendant is without knowledge or information sufficient to form an answer to the allegations ofthis paragraph, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. COUNT III 20. Defendant incorporates its foregoing answers to paragraphs I through 15 by reference herein. 21. Denied as a legal conclusion. To the contrary, the system operated properly. The problem was a defective pre-existing sump pump system which Plaintiffs requested to be the drain outlet for the system. Furthermore, Defendant has offered, and still offers, to replace the system at no charge to Plaintiffs. 22. After reasonable investigation, Defendant is without knowledge or information sufficient to form an answer to the allegations of this paragraph, and the same are therefore deemed denied pursuant to the Pennsylvania Rules of Civil Procedure. 4 ~'jj' " "''l.!l~, WHEREFORE, Defendant Tequests that judgment be entered in its favor and against Plaintiffs. NEW MATTER I. The contract for sale of the water softening system was subject to the written limited lifetime warranty attached as Exhibit "C" to Plaintiffs' complaint, which is incorporated by reference herein. 2. Pursuant to the tenns of this express warranty, Plaintiffs' remedy is limited to repair or replacement of any defective part, or the entire system if necessary. 3. Defendant has offered to replace the entire system, plus install a new basement sump pump (not a part of the system) for Plaintiffs, but Plaintiffs have refused to accept this offer to fulfill the express written warranty. 4. Defendant has fully perfonned its obligations under the contract of sale and express written warranty on the water softening system. WHEREFORE, Defendant requests that judgment be entered in its favor and against Plaintiffs. APPEL & YOST By: Robert W. Hallin P A I.D.#37066 Attorney for Defendant 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 5 , NQV-09-00 THU 10:49 AM APPEL & YOST LLP " " " FAX NO, 717 299 9781 .,. ~ p, 07/07 - ,'. ~;f"i VE;RIFICA TlOl\I ROBRRTPffiLLlPS hereby states that he is president of the DeFendant herdn, and that the statements of fact made in the foregoing document arc true and eorrect either upon personal knowledge or to the best of her information and belief. The undersigned understands that the st.'\tements herein are made sllbject to !he penalties of 18 Pa. Cons. Stat ~ 4904 relating to unsworn falsification to authorities. Date: ,~ '.- I" ~, , ~ ' , "'. ".~ '~'~"--i'J.i:ic-. . CERTIFICATE OF SERVICE I hereby certifY that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. 1027. Service by first class mail addressed as follows: J. Christian Ness, Esq. 43 North Duke Street Lancaster, PA 17401 Date: /1- /J'-atJ APPEL&Y~ BY:-=-~ Robert w. Hallinger Attorney LD. No. 37066 Attorneys for Defendant 33 North Duke Street Lancaster, P A 17602 (717) 394-0521 -~ ..........1 >< ~< " '';''~lliii' . ii-. a. .#-, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEON BARTOSIC and NO. 00-6473 Civil vs. PENNSYLVANIA WATER SPECIALISTS, INC. t/a RAIN SOFT WATER TREATMENT SYSTEMS PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Robert W. Hallinger, Esq., and Appel & Yost LLP, on behalf of Defendant in the above matter. Serve all papers at 33 North Duke Street, Lancaster, P A 17602. APPEL & YOST By: Robert W. P A LD.#37066 Attorney for Defendant 33 North Duke Street Lancaster, P A 17602 (717) 394-0521 ,,,-~ ,~ ,.' ~~~.. "~-~-= ':"-.:.~,-" ""~'I/$if_" . . _. . CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. 1027. Service by first class mail addressed as follows: J. Christian Ness, Esq. 43 North Duke Street Lancaster, PA 17401 Date: //-d-t:JtJ :;:L~-:> Robert W. Halling Attorney LD. No. 37066 Attorneys for Defendant 33 North Duke Street Lancaster, PA 17602 (717) 394-0521 ~ ~. 'c. M.ltllm..""",,;,,, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA LEON BARTO SIC and DONNA BARTOSIC : NO: 00-6473 CIVIL VS PENNSYLVANIA WATER SPECIALISTS, INC., tJa RAIN SOFT WATER TREATMENT SYSTEMS REPLY TO NEW MATTER AND COMES NOW, LEON BARTOSIC and DONNA BARTO SIC, by their attorney, J. Christian Ness, and files the following Reply To New Matter: I. It is admitted that the limited lifetime warranty was part of the transaction, although does not define all rights of the parties. 2. Denied as stated. In any event, it is averred that Defendant has refused to repair or replace the system, or put the system in operating condition. 3. Denied as stated. The Defendant has not taken any action to repair or replace the system other than that set forth in Plaintiffs' Complaint. 4. It is denied that the Defendant has performed any obligations imposed upon it by this transaction. WHEREFORE, Plaintiffs demand judgment as prayed for in their original Complaint. ;", "; I verify that the statements made in this instrument are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: I /I.//OJ I ~','" ~. ."