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Home My WebLink About08-1075COSTIGAN AND COSTIGAN By: Angela Maione Costigan, Esq. 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 Attorney for Plaintiffs TRACEY WOOD and BARRY WOOD v Court of Common Pleas, Cumberland County, PA HERTZ-A-CRETE CONSTRUCTION and SAWKORE, INC.: Civil Action-Law 18 North Grantham Road Dillsburg, PA 17109 No. :6e - /01S l TO: HERTZ-A- CRETE CONSTRUCTION and SAWKORE, INC. 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 7la D? /675 Tom, TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF : CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION : Complaint AND SAWKORE, INC. 1. Plaintiffs are owners of a home located at 1110 Charles Street, Mechanicsburg, PA 17055. 2. On or about August 3, 2007, plaintiff hired defendant to install a patio/walkway in the rear of the garage. 3. Defendant is a Pennsylvania corporation licensed to do business in Pennsylvania and in fact conducting business at 18 North Grantham Road, Dillsburg, PA. 4. On or about August 8, 2007, the area was excavated and the patio poured. A down spout under the patio to drain any excess water was partially completed on that date. 5. On or about August 9, 2007, heavy rains lead to significant water accumulation on the roof of the home which gathered on the side of the garage. 6. The area was excavated and the patio poured by defendant without securing the basement from moisture and water infiltration. 7. Water was not directed away from the home, but toward it causing a flooding hazard. 8. As a result, water accumulated and seeped into plaintiffs' finished basement. 9. As a further result, plaintiffs suffered damages to the carpeting and padding, paneling on walls and floor boards. The basement also had moisture, mildew and mold accumulation. 10. On or about February 1, 2008, the basement again flooded and caused severe and permanent damage. 11. As a further result, plaintiffs have expended monies to install a discharge system and sump pump to keep water away from the basement. COUNTI 12. Plaintiffs repeat each and every allegation found in paragraphs numbered 1 through 11 as if same were set forth herein at length. 13. Defendant was negligent, carless and reckless in the excavation of the ground around the patio thereby causing damage to plaintiffs' home as follows: a). failing to properly grade. b). failing to properly excavate. c). failing to safeguard the site from water infiltration. d). failing to properly seal the concrete. e). failing to protect the property from flooding. f). failing to properly install downspouts and gutters to direct water away from the property. g). failing to install a sump pump and discharge system to drain away water. h). failing to level the concrete at the patio. 14. As a direct and proximate result of defendant's negligence, carelessness and recklessness, plaintiffs suffered severe and permanent damage to their home, and have had to expend monies to install a discharge system and sump pump. WHEREFORE, plaintiffs request judgment in their favor and against defendant. COUNT U 15. Plaintiffs repeat each and every allegations found paragraphs numbered 1 through 14 as if same were set forth herein at length. 16. Plaintiffs and Defendant entered into a contract dated June 1, 2007 attached as Exhibit "A". IT To date, the work delineated in the contract was not adequately performed by defendant herein. 18. To date, plaintiff paid $7,500 to defendants for work to be completed. 19. The work that was completed by defendant was not done in a workmen like manner, was of poor quality, and was generally not done pursuant to the contract herein. WHEREFORE, plaintiffs request judgment in their favor and against defendant. Date: -z Id d' f- / e P ela Maione Costigan, Esquire Attorney for the Plaintiffs 02/13/2008 14:31 FAX 717 697 0625 GALLAGHER-BASSETT 1a003/004 COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 225-546-7215 TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. VERIFICATION OF COMPLAINT I, Tracey Wood certify that I have reviewed the foregoing Complaint and believe the allegations of fact contained therein are true to the best of my knowledge. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Tracey Wood 02/13/2008 14:31 FAX 717 687 0625 GALLAGHER-BASSETT 1a004/004 COSTIGAN AND COSTIGAN, LLC By. Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 225-546-7215 TRACE'Y' WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. VERIFICATION OF COMPLAIN I, Barry Wood certify that I have reviewed the foregoing Complaint and believe the allegations of fact contained therein are true to the best of my knowledge. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. Irmy ood EXHIBIT "A" HERTZ-A-CRETE CONSTRUCTION & SA WKORE, INC. 18 North Grantham Road Dillsburg, PA 17109 Phone: 717-975-9483 Fax: 766-8905 DATE. JUNE 1, 2007 JOB NAME. WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 ATTENTION. MR. BARRY WOOD PHONE. 856-9379 FAX / E-MAIL: BID PROVIDED BY: BRAD HOFFMAN BASE BID - NEW 4" INTEGRAL COLORED STAMPCRETE CONCRETE PATIO AND WALKWAY. - 740 SQ. FT. (SEE ATTACHED) Scope of Work Demolition of Existing Concrete Sidewalk an Brick P ers. Includes Off-Site Removal of Demolished Concrete and Brick. - 1 Is. Excavation and Finegrading for New 4" Gravel Stonebase and 4" Integral Colored Stampcrete Concrete Patio and Walkway. Includes Off-Site Removal of Excess Excavated Material. - 740 sq. ft. Supply and Placement of 4" Gravel Stonebase for New 4" Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Supply and Installation 10 If. of 4" PVC S&D Underground Downspout Piping and 36" x 36" x 36" Stilling Pit at Outflow. - 1 Is. Forming, Pouring, Supply and Placement of 4" 4000 psi Concrete for New Integral Colored Stampcrete Concrete Patio and Walkway. Includes Wire Mesh and Sawcut Joints. - 740 sq. ft. Cleaning, Supply and Application of Stampcrete Clear 9000 Sealer at New Integral Colored Stampcrete Concrete Patio and Walkway. - 740 sq. ft. Form Removal and Backfilling of Exposed Edges. - 1 Is. ,--- BASE BID SIX THOUSAND SIX HUNDRED FIFTY DOLLARS AND NO CENTS - sn_nn ACCEPTANCE OF BASE BID PROPOSAL HERTZ-A-CRETE CONSTR TION UNIT PRICE - ADD ANTI-SLIP GRIT TO COLOUR-SEAL SEALER - ADD $.501NET PER SQ. FT. ADD 740 SQ. FT. OF ANTI-SLIP GRIT TO COLOUR-SEAL SEALER @ FIFTY CENTS - $.501NET PER SQ. FT. TO BASE BID THREE HUNDRED SEVENTY DOLLAR AND NO CE - 370.00 ACCEPTANCE OF UNIT PRICE PROPOSAL HERTZ-A-CRETE CONSTRUCTION Paae 1 of 4 HERTZ-A-CRETE CONSTRUCTION & SA WKORE, INC. 18 North Grantham Road Dillsburg, PA 17109 Phone: 717-975-9483 Fax: 766-8905 DATE: JUNE 1, 2007 JOB NAME. WOOD RESIDENCE, 1110 CHARLES STREET, MECHANICSBURG, PA 17055 EXCLUSIONS: Permits, Bonds, Fees, Inspections, Testing, Topsoil, Seeding, Sodding, Landscaping and Plantings. PAYMENT TERMS AS FOLLOWS. 50% Due at the start of work with the remainder due upon completion. IF YOU WISH TO ACCEPT THIS PROPOSAL PLEASE SIGN BOTH ORIGINALS AND RETURN ONE TO OUR OFFICE SO WE CAN SCHEDULE YOUR PROJECT. IF ACCEPTED PLEASE COMPLETE THE STAMPCRETE PATTERN AND COLOR SELECTION PORTION OF THIS PROPOSAL. WE WANT TO THANK YOU FOR ALLOWING US THE OPPORTUNITY TO PROVIDE YOU WITH OUR PROPOSAL AND WE HOPE TO BE OF SERVICE TO YOU. IF YOU HAVE ANY UEST?ONS FEEL FREE TO GIVE ME A CALL AT (717) 554-9921. PLEASE SELECT THE DESIRED PATTERN AND COLORS FOR THE INTEGRAL STAMPCRETE ON YOUR PROJECT. INTEGRAL STAMPCRETE PATTERN SELECTION PATTERN SELECTIONS (CHOOSE ONE): BASKETWEAVE RANDOM STONE DIAGONAL BOND RUNNING BOND JUMBO ITALIAN SLATE EUROPEAN FAN COBBLESTONE INTEGRAL STAMPCRETE PUREST INTEGRAL COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): COLOR NUMBER: SC-30 COLOR NAME: %" INTEGRAL STAMPCRETE RELEASE AGENT COLOR SELECTION COLOR NUMBER AND NAME (PRINT SELECTION): COLOR NUMBER: SR- n COLOR NAME: ?-? ?? Grec Pace 2 of 4 ASHLAR SLATE HERRINGBONE N O? Cl! fri N ,43.6 Ri I W 1! ? o Pace 3 of 4 • E G FENCE 3 RAC POI Pace 4 of 44 of 4 CD ((z)) Fri COSTIGAN AND COSTIGAN, LLC By: Angela Maione Costigan, Esquire Attorney for the Plaintiffs 1222 Spruce Street, Unit 1 Philadelphia, PA 19107 215-546-7215 TRACEY WOOD AND BARRY WOOD : SUPERIOR COURT OF CUMBERLAND COUNTY, PA V : CIVIL ACTION-LAW HERTZ-A-CRETE CONSTRUCTION AND SAWKORE, INC. No.: 2008-1075 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly withdraw case filed under docket no.: 2008-1075 in the above captioned matter. Date: /0 Q 1_11'??? Angela Maione Costigan, Es e Attorney for Plaintiffs T7