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Home My WebLink About04-4184WILLIAM E. PRAY, Plaintiff VS. W.E.B. CONTRACTING, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. /f'. 4//¢5, : CIVIL ACTION - LAW 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 arid 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 withont further notice for any money claimed in the Complaint or for any other claim or relief requested by the plainfi~ You may lose money or property lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. W 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 Adminis~'ator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717/240-6200 NOTICIA LE HAN DEMANDADO A LISTED 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 demada y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogdo y archivar en la corte en forma escrita sus defensas so sus objeciones a las demandas en con~xa de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la penticion de demanda. Usted puede perder dinero o sus preopiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABAGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO AA LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 717/240-6200 WILLIAM E. PRAY, Plaintiff VS. W.E.B. CONTRACTING, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. oq- : CIVIL ACTION - LAW COMPLAINT AND NOW comes the plaintiff, by his attorneys, Turner and O'Connell, and makes the following complaint. 1. Plaintiff, William E. Pray, is an adult individual residing at 766 Meadow Drive, East Pennsboro Township, Cumberland County, Pennsylvania. ~.l~l}l? ~li It'/ 2. Defendant is W.E.B. Contracting, Inc., a Pennsylvania corporation having its principal office located at 11 Fortuna Lane, Enola, Cumberland County, Pennsylvania. 3. At all times relevant hereto, plaintiffwas the owner of the property situate at 766 Meadow Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 4. At all times relevant hereto, defendant has exclusive care, custody and control of the property located at 760 Meadow Drive, East Pennsboro Township, Cumberland County, Pennsylvania. 5. On or about March 23, 2004, defendant was working on property located at 760 Meadow Drive, East Pennsboro Township, as part of the construction of the residence thereon. 6. Defendant or his agents at that time undertook excavation of the site and ruptured water lines and sanitary sewer lines, causing large quantities of water to flood the sewer lines. 7. As a result of the actions of defendant or his agents, raw sewage backed up into the basement of the premises owned by plaintiff to a depth of four inches. 8. Plaintiff was required to retain the services of a professional restoration company to remove the sewage and contaminated materials from the basement of his property on an interim emergency basis. 9. The expense incurred by plaintiff for said services was $5,075.25 as set forth in the invoice attached hereto and incorporated by reference, which amotmt is fair and reasonable. 10. As a result of the contamination of the lower level of plaintift?s home, the entire lower level must be gutted and rebuilt to remove contaminated materials which have been absorbed into the structure and to gain access to contaminated areas. l l. The reasonable cost of gutting the lower level ofplaintifPs home and restoring it to the condition which existed previously is $43,413.33 per the attached estimated marked Exhibit B and incorporated herein by reference. 12. The damages suffered by plaintiff are the result of the negligence of defendant in that defendant failed to ascertain the location of underground utility lines prior to excavating and failed to monitor the excavation for the existence of such lines. 13. Plaintiff has made demand upon defendant for payment of the above sams, which demands have been refused. WHEREFORE, plaintiff demands judgment against defendant in an m~aount in excess of $25,000.00 plus interest and the costs of this action. TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: W'I iam E. Pray (~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-04184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PRAY WILLIAM E VS W E B CONTRACTING INC ROBERT BITNER , Cu~mberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT & NOTICE W E B CONTRACTING INC DEFENDANT , at 1300:00 HOURS, on the __ was served upon the 1st day of September, by handing to A/~ULT IN CHARGE true and attested copy of COMPLAINT & NOTICE together with at 11 FORTUNA LANE ENOLA, PA 17025 SHERI BROUGHER, BOOKKEEPER, a 2004 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.84 Affidavit .00 Surcharge 10.00 .00 39.84 Sworn and Subscribed to before me this /~ day of Y~t '~'~ ~/ A.D. So Answers: R. Thomas Kline o9/o¢/2oo4 TURNER & OCONNELL IDeputy Sheri~ff ' WILLIAM E. PRAY, Plaintiff VS. W.E.B. CONTRACTING, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-4184 CWIL · CWIL ACTION - LAW' PRAECIPE TO THE PROTHONOTARY: Date: Please mark the above captioned action settled and discontinued. November 8, 2004 ~nes H. Tumer, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff