Loading...
HomeMy WebLinkAbout11-8509F. O - 'j' :F ° 14 1 11: L 5? 1 LYVI 1 G w; ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID#: 07140 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rca@angino-rovner.com PAULA R. RISSER 1210 Griffin Street Harrisburg, PA 17112, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC. 1525 Cedar Cliff Drive, Suite 101 Camp Hill, PA 17011, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t'- ,PL:769 (._l ?i CIVIL ACTION - LAW JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ® C a Qvt'? a a.oo 00 -QUa11 ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID#: 07140 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rca@angino-rovner.com Attorney for Plaintiff PAULA R. RISSER 1210 Griffin Street Harrisburg, PA 17112, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC. 1525 Cedar Cliff Drive, Suite 101 Camp Hill, PA 17011, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Paula R. Risser, by and through her attorney, Angino & Rovner, P.C., and files her Complaint, stating as follows: 1. Plaintiff, Paula R. Risser (hereinafter, "Plaintiff'), is an adult individual who resides at 1210 Griffin Street, Harrisburg, Pennsylvania 17112. 2. Defendant, Pennsylvania Basement Waterproofing, Inc. (hereinafter "Defendant") is a Pennsylvania corporation with a principal place of business at 1525 Cedar Cliff Drive, Suite 101, Camp Hill, Pennsylvania 17011. 3. On or about June 4, 2011, Plaintiff entered into a written Agreement (hereinafter, "the Agreement") with Defendant (attached hereto as "Exhibit A"), pursuant to which Defendant agreed to perform waterproofing services in Plaintiff's basement in exchange for Plaintiff's payment of $5,740.00 in valuable consideration. 4. Paragraph 22 of the Agreement provides this Honorable Court with exclusive jurisdiction over the instant action. See Exhibit A, ¶ 22 ("This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Owner consents to the exclusive personal jurisdiction and venue of the Courts of Cumberland County, Pennsylvania for all litigation which may be brought with respect to or arising out of the terms of and the transactions and relationships contemplated by this agreement."). 5. On or about June 27, 2011, and pursuant to the Agreement, employees and/or agents of Defendant performed waterproofing services for Plaintiff. 6. While performing the waterproofing services, Defendant's employees and/or agents severed a copper fuel-oil line that was embedded in the original concrete slab in Plaintiff's basement. 7. Plaintiff believes and therefore avers that Defendant and its employees and/or agents were aware of the adverse consequences of severing a fuel-oil line. 8. Despite actual knowledge that the oil line was severed, Defendant did not inform Plaintiff of the incident. Instead, Defendant concreted the oil line in, in an attempt to conceal the severed pipe and prevent it from further leakage. 9. As a result of the severed oil pipe, approximately seventy (70) gallons of oil-a quarter of the contents of Plaintiff's oil tank-leaked out of the pipe and remain beneath the surface of Plaintiff's basement floor. 2 10. Plaintiff first became aware of the severed oil line on or about July 7, 2011, when, after a heavy rain, she was able to smell the oil-fume emissions. 11. On or about July 15, 2011, ABC Fuel Oil Company, Inc. visited Plaintiff's residence, where it replaced the severed oil line in her basement at a cost of $214.90. 12. Soon thereafter, Defendant issued a check made payable to ABC Fuel Oil Company in the amount of $214.90 to pay for the expenses associated with replacing the severed oil line. 13. On or about July 30, 2011, Erie Insurance Company (hereinafter "Erie"), through which Plaintiff maintained a homeowner's insurance policy, engaged the services of Aufiero Associates to complete a cause and origin inspection regarding the oil leak in Plaintiff's basement. 14. Following its inspection, Aufiero Associates determined that the work completed by Defendant caused the damage to Plaintiff's oil line. 15. Although the severed fuel-oil line has been replaced, the seventy (70) gallons of oil which previously leaked out remain trapped beneath Plaintiff's basement floor. 16. As a result of the oil leakage caused by Defendant, oil fumes have been emitting, and continue to emit, throughout Plaintiff's house. 17. The fumes interfere substantially with Plaintiff's living and quality of life, especially during periods of rain. 18. As a result of the oil leakage caused by Defendant, oil has contaminated portions of Plaintiffs soil. 19. As a result of the oil leakage caused by Defendant, Plaintiff has been deprived of the normal and customary enjoyment of her residential property. 3 20. Plaintiff has not yet obtained an expert opinion regarding the extent of her property damages, in terms of either remediation expenses, or loss of value to her property. COUNT I - NEGLIGENCE PAULA R. RISSER v. PENNSYLVANIA BASEMENT WATERPROOFING INC. 21. Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 22. The foregoing incident and all of the injuries and damages set forth herein sustained by Plaintiff are the direct and proximate result of the negligent and careless manner in which Defendant, by and through its employees and/or agents failed to exercise due care in performing waterproofing services for Plaintiff and thereby severed Plaintiff's fuel-oil line. 23. The foregoing incident and all of the injuries and damages set forth herein sustained by Plaintiff are the direct and proximate result of the grossly negligent, careless, wanton, and reckless manner in which Defendant, by and through its employees and/or agents: (a) knowingly and purposefully failed to repair the oil line which Defendant's employees and/or agents knew it severed; (b) knowingly and purposefully failed to inform Plaintiff of the severed oil line; and (c) knowingly and purposefully concealed the severed oil line and its hazardous effects by concreting in the oil line. 24. As a direct and proximate result of Defendant's actions, approximately seventy (70) gallons of fuel oil leaked out of Plaintiff's oil tank and remains beneath Plaintiff's basement floor. 25. As a direct and proximate result of Defendant's actions, Plaintiff has incurred loss of value to her property, and a claim is made therefor. 4 26. As a direct and proximate result of Defendant's actions, Plaintiff has incurred damage to her property, for which remediation costs will be incurred, and a claim is made therefor. 27. As a direct and proximate result of Defendant's actions, Plaintiff has been deprived of the normal and customary enjoyment of her residential property, and a claim is made therefor. 28. As a direct and proximate result of Defendant's actions, Plaintiff's quality of life has been reduced substantially, and a claim is made therefor. 29. The actions of Defendant, as set forth in Paragraph 23, constitute conduct far beyond negligence and exceeding the boundary of outrageous, wanton, and reckless conduct, warranting the award of punitive damages, and a claim is made therefor. WHEREFORE, Plaintiff Paula R. Risser demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and punitive damages, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. ichard C, no, Esquire 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 FAX: (717) 238-5610 rca@angino-rovner.com Attorney for Plaintiff Date: November /& 2011 5 Exhibit A i -7_/l "1),!,`-i "%l ??'T/? ?'?,^7r ?r•GC,v?%5-S?CJrcJ.L?/c.1x,.-i_? ;J - PALICENSE-PA001U27 f V .GREEMENT ThisAgreement entered into this day of 20! _, by and between PA BASEMENT WATERPROOFING INC., a Pennsylvania Corporation of 152.5 Cedar CliffDrive, Camp Hill, PA 17011, Phone 800-511-6579 Name(s) .>; r = (hereinafter referred to as "Owner") Phone Address City _ r` %' .State Zip r J; . Job Site City State Zip PA Basement Waterproofing Inc. and Owner in mutual consideration and intending to be legally bound hereby agree as follows: 1. PA Basement Waterproofing Inc. agrees to famish materials, labor, and equipment to install sub grade/sub-floor water redirectional equipment in the "AREA TO BE SERVICED" ("Work"). 2 PA Basement Waterproofing Inc. agrees to start Work within approximately days and complete Work within approximately days. The parties agree that the completion date may be extended due to circumstances beyond the control of PA Basement Waterproofing Inc. such as weather or unforeseen conditions at the area to be serviced. 3. Owner agrees to pay PA Basement Waterproofing Inc. as full compensation for the Work as follows: r ; TOTAL CASH PRICE: $ AMOUNT TO BE PAID BEFORE PABASEMENT WATERPROOFING INC. BEGINS WORK: $ _ ' ?' ? ? BALANCE DUE UPON COMPLETION: Any payment not made within ten (10) days of its due date shall incur a late fee of 1.5%per month until paid. The 1.5% shall be reduced to the highest rate permitted by law. If financed, complete the attached Federal Truth in Lending Forms and Loan Agreement. If Financing cannot be obtained, down payments made by Owner will be returned and this Agreement will be canceled. This Agreement is Dot .a financing commitment. Financing is provided by a separate lending institution. The lender reserves the right to accept or reject your credit. 4. AREA TO BE SERVICED AND DESCRIPTION OF WORKTO BE PERFORMED. . Total linear feet to be serviced ! ' L ft. AREA TO BE SERVICED Rear Cove Left Cove { Front Cove DESCRIPTION OF WORK TO BE PERFORMED E/Interior: PA Basement Waterproofing Inc. will install 4 (High Impact polymeric drain core with flow channels Right j1,Sub-floor pressure relief system (3" or 4" a.d s. flexible Cove ,__,//c?ore perforated piping) 3y Heavy Duty Submersible Pump System ? Base Cove Plate System (Solid lines indicate cove area The cove area is where the wall and floor meet) ? Other: See attached ADDENDUM THE AREA TO BE SERVICED will be marked with "X". No waterproofing Services will be performed to any area not containing an "X" PABASEMENT WATERPROOFING INC. RECOMMENDSAL'LFOTJR WALLS BE WATERPROOFED. 5. Cancellation. Owner may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the Notice of Cancellation form for an explanation of this right. 6. Permits. Owners shall be responsible for obtaining and paying for all permits and approvals necessary for PA Basement Waterproofing Inc. to perform its work. 7. Approval. This Agreement is not binding on PA Basement Waterproofing Inc. until it is approved and signed by an officer ofPA Basement Waterproofing Inc. 8. Access. Owner grants unrestricted.access to work areas for PA Basement Waterproofing Inc.'s labor, equipment and vehicles. Owner agrees to allow areas for storage of materials. Owner agrees to keep driveways clear and available for movement and parking of vehicles and trucks during normal working hours. PA Basement Waterproofing Inc. shall not be held responsible for damage to driveways, walks, lawns, shrubs, or other vegetation, by movement of trucks, laborers, equipment, materials, debris, etc. or otherwise. 9. Interior Access. If it is necessary to inspect and/or work from the interior, as determined by PA Basement Waterproofing Inc, in its sole discretion, Owner agrees to provide complete access to and make the walls and floors bare in the Area to Be Serviced and agrees to make designated areas accessible to PA Basement Waterproofing Inc. Owner is responsible for replacement ofsame only after notification from PA Basement Waterproofing Inc. 10. Pre-existing Conditions. PA Basement Waterproofing Inc. is not responsible for the repair of pre-existing structural conditions or problems. PA Basement Waterproofing Inc. will notify Owner if PA Basement Waterproofing Inc. discovers pre-existing structural problems during its Work Pre-existing structural conditions and problems include deficiencies which existed in initial construction ofthe foundation or improper, unsound or no footings, hidden deficiencies uncovered as. a result of a second slab floor overlay, sub-quality existing slab, slab cap over dirt flooring, crumbled floor slab, sub-floor soil slippage, or excessive erosion and/or undermining. The charges to Owner shall be limited to cost plus 20% to cover PA Basement Waterproofinginc.'s overhead, if not initially contracted for. and if ever necessary. For PA Basement : Waterproofing, Inc. to install a floor system, other than around the perimeter, due to springs, hydrostatic pressure, or otherwise. NOTICE TO OWNER: DO NOT SIGN THIS AGREEMENT IN BLANK, OWNER IS ENTITLED TO A COPY OF THIS AGREEMENTATTHE TIME IT IS SIGNED. By signing this Agreement Owner acknowledges receipt of a copy of this Agreement By signing this Agreement, Owner and all persons signing for Owner and with Owner agree to all terms, conditions and provisions contained in this Agreement. The terms and conditions include the terms on this page and on the reverse side. Owner and all persons signing the Agreement for and with Owner shall be severally and jointly obligated and liable herein. This Agreement?hs not binding on PA Basement Waterproofing Inc. until it is approved by an officer of PA Basement Waterproofing Inc. IN WITNESS WREOF,intending tolbe legally bound, the parties have hereunto set their hods aneals the day and year above written. L-tspector - Owner Approved by PA BASEMENT WATERPROOFING INC. By. - -- Officer Owner I agree to bound unconditionally to the terms and conditions in the Agreement. ns and Conditions 11. PA Basement Waterproofing Inc. Cancellation. PA Basement Waterproofing Inc. reserves the rights to cancel this Agreement if during its Work it discovers conditions which would prevent the installation of a sub- floor system. Owner agrees to hold PA Basement Waterproofing Inc. harmless for damages which may result from cancellation of this Agreement. 12. Special Work Limitations/Requirements. A. Exterior Work Limitation. If exterior work is preformed, PA Basement Waterproofing Inc.'s responsibility shall be limited to rough grading. PA Basement Waterproofing Inc. does not guarantee the survival of grass, plantings, trees or shrubbery. B. Pressure Relief System. If a pressure relief floor system is installed initially or at a later date, the materials and methods(s) used shall be at the sole discretion of PA Basement Waterproofing Inc. If floor of cove system is installed is such installation will be above and/or below floor as Pa Basement Waterproofing Inc. deems necessary. C. Submersible Sump Requirements. If a submersible pump is installed, owner agrees to supply adequate electrical power and Owner agrees to install outlets and electrical extension cords for the submersible pumps. If owner does not provide these items the pump may nor function properly. PA Basement Waterproofing Inc. will not be responsible and PA Basement Waterproofing will not provide any warranty whatsoever. Sump pump discharge hoses will terminate at the splash block or at any other area PA Basement Waterproofing Inc. deems best. D. Foundation and Seepage. If Owner has a stone , terra cotta, vertical layer, poured concrete , or brick foundation, PA Basement Waterproofing Inc. has advised owner to have walls rough cantered as part of this Agreement. E. Limitations of Scope of Work. The agreed upon price does not include rerouting or replacement of vents, pipes, ducts, wiring conduits, tanks, utilities, wall or floor coverings, shrubbery, abutments, or obstructions. if necessary for PA Basement Waterproofing Inc. to drill through exterior concrete, asphalt, wood, slate, brick, or substance other than earth, PA Basement Waterproofing Inc. assumes no liability for damage to same, but will repair it in a workmanlike manner where PA Basement Waterproofing Inc. shall not be responsible for damage to paneling, tile, and carpet or other obstruction, or property on wall, floor, or otherwise. 13. WARRANTY AND LIMITATIONS OF LIABILITY. A Warranty Certificate will be issued upon full payment after a short processing time. The Warranty is lifetime on PA Basement Waterproofing Inc. system and seven years on sump pump. There will be no warranty unless PA Basement Waterproofing Inc. is paid in full. If any alteration is made to PA Basement Waterproofing Inc. system without written permission from PA Basement Waterproofing Inc. will have no further obligation to Owner. PA Basement Waterproofing Inc. warrants cement work as to proper mix and workmanship but does not guarantee cement against cracking, peeling or settling. PA BASEMENT WATERPROOFING INC. DOES NOT WARRANT OR ASSUME RESPONSIBILTY WHATSOEVER FOR ANY DAMAGE TO THE INTERIOR OF ANY BUILDING OR ITS CONTENTS CAUSED BY OR CLAIMED TO BE CAUSED BY WATER SEEPAGE OR'INFILTRATION. PA Basement Waterproofing Inc. does not warrant against conditions over which it has no control, including but not limited to structural damage, conditions of subsoil masonry, damage caused by other, fire, floods, backing up of sewer systems, or acts of God. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND THE WARRANTY, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES OF HABITABILITY AND WARRANTY COVERAGE FOR LATENT DEFECTS MADE BY PA BASEMENT WATERPROOFING INC. PA BASEMENT WATERPROOFING, INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO OWNER FOR CONSEQUENTIAL OF INCIDENTAL DAMAGES EVEN IF THE WATERPROOFING SYSTEM FAILS AND OWNER SUSTAINS DAMAGES TO PROPERTY AND FURNITURE. PA BASEMENT WATERPROOFING INC.'S LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT IS LIMITED TO THE SERVICE OF WATER ENTERING THE FLOOR COVE AREA OF THE FOUNDATION. PA EASEMENT WATERPROOFING INC. IS NOT RESPONSIBLE FOR CONDENSATION, SWEATING, POROUS OR FILLED BLOCK, DAMPNESS OR WATER ENTERING THE PREM15ES THROUGH ABOVE SOIL LEVELS, SURFACE RUNOFF WATER, SUB -SOIL CEILINGS, OR OTHER ' 4DDITIONAL AREA NOT SPECIFIED IN THIS AGREEMENT. PA BASEMENT WATERPROOFING INC. IS NOT RESPONSIBLE FOR CONSEQUENTIAL WATER OR 'ROPERTY DAMAGE. PA BASEMENT WATERPROOFING INC IS ONLY RESPONSIBLE FOR THE WATER ENTERING THE FLOOR COVE AREA OF THE FOUNDATION. ?A Basement Waterproofing Inc. shall not be liable or responsible for any damage beyond the amount actually paid by Owner to PA Basement waterproofing nc. PA Basement waterproofing Inc. waterproofing liability is limited to the amount paid by Owner directly to PA Basement Waterproofing Inc. for the lvork. 1-4. Remodeling Restrictions. Owner agrees to maintain system for one year (1) from date of installation before Owner remodels or improves the basement )r other area serviced; otherwise the Warranty hereunder shall be null and void. L5. Conditions in work Area. PA Basement Waterproofing Inc. will exercise caution during its Work and will leave "Broom Clean". Owner understands and iccepts that dust and general disruption will remain after Work is complete. 6. Service Calls. Service calls for continuing seepage problems within the scope of the Warranty will be made with no additional charge to Owner. However, F PA Basement waterproofing Inc. finds the problem in an area where no Work was done and therefore it is not covered by Warranty, or if the problem is not in actual seepage problem (such as leaking pipes, condensation, high humidity, sewer back-ups, and unplugged sump pump, etc.), then PA Basement Naterproofing Inc. reserves the right to charge Owner a $75.00 fee for service. .7. Owner Default. If Owner is in breach of any of the terms or conditions of this contract, including, without limitation, nonpayment or attempted ancellation (after the 3 day cancellation period), Owner shall be in default, and Pa Basement Waterproofing Inc. shall be entitled to payment of the full greement price as well as any remedies provided by law and/or equity. However, PA Basement Waterproofing Inc. agrees that if the scheduled work has Begun at the time of the attempted cancellation, PA Basement Waterproofing Inc. will accept thirty percent (301%) of the full cash price. 8. Joint and Several Liabilities. This is a joint and several agreement and it means that all the Owners as a group and each of the owners as an individual are esponsible to PA Basement Waterproofing Inc. for all of the provisions of this agreement, If there is a default, PA Basement Waterproofing Inc. can sue all of he Owners or, PA Basement waterproofing can bring a lawsuit against any one Owner separately (severally). 9. Invalidity of Provisions. In the event any one or more of the provisions of this Agreement is declared to be invalid by a Court, all other terms and onditions of this Agreement shall be binding and enforceable. 0. Entire Agreement. This Agreement and the attached Addenda, if any, constitutes the entire Agreement between PA Basement Waterproofing Inc. Owner cknowiedges that no promise representation of warranty, except those expressly set forth in writing, have been made by Pa Basement Waterproofing Inc. r its agents. No modification or addition to this Agreement will be valid or binding upon PA Basement waterproofing Inc. unless agreed to in writing. 1. Assignment. PA Basement Waterproofing Inc. has the right to assign and /or transfer this Agreement and other instruments executed by owner. Owner lay not assign of transfer this Agreement without written consent of PA Basement waterproofing Inc. 2. Jurisdiction and Venue. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Owner )nsents to the exclusive personal jurisdiction and venue of the Courts of Cumberland County, Pennsylvania for all litigation which may be brought with >spect to or arising out of the terms of and the transactions and relationships contemplated by this agreement. C#NP A MI PA Licem CAQI UM I Date Issued: Under Contract: # Fj / - Owner: Address: __ _'y? -? r tl PA. Basement Waterproofing provides this Service Warranty ("Warrant/') for labor and materials related to the area contracted against water seeping in fro m the lower wall cove (where wall meets floor), the floor area as described below, and where a pressure relief system has been installed ("work"). Customer recognizes that the Service Warranty is not valid until all monies due to PA Basement Waterproofing are paid in full. SMAJtRM Described Areas (one or more roust be checked) Length of Warranty: ! ' All four (4) walls (total perimeter)-Warranty includes total o One (1) year Perimeter of floor and total middle floor area. o Five ..S Y 0 1-2-3 Walls- Warranty includes immediate floor area within Entire Period in which owner holds title to property, 0 3 feet of wall as specified on contract. o Brick/Terra Cotta, Stone, Vertical layer, or poured concrete Limited Warranty: Foundation, PA Basement Waterproofing shall be responsible to service the seepage through the lower wall/floor system Described Equipment and not for seepage through wall(s) or wall Mortar/joints unless listed under other. Subm bl P a ers i a ump(s) war - placement: o Two (2) Years X Seven (7) Years Notice: Submersible pump equipment is powered by electrical power and must always be plugged in to a power source. M- soma S "RWff RSir4SNMPs Upon endorsement by holder and the transmittal of this document to Pa Basement, this warranty is Transferable and assignable one time to parties as yet unnamed for the duration of the original stated warranty in accordance with the terms and conditions specified herein, provided that the new owners meet all terms and conditions of the agreement accompanying this warranty. To be effective, this service warranty transfer must be notarized and sent to Pa Basements office within 30 days of transfer of title. NAME 0.00 FEE HOLDER'S NAME (PRINT) HOLDER'S SIGNATURE ADDRESS CITY, STATE, ZIP (HOME PHONE) 7 `:. NOTARY (WORK PHONE) (CELL PHONE) DATE s r R WIE IFFEIRIN (PA BASEMENT) =W"WX-VWC? 1. The conditions and the construction materials of the foundation walls and floor may, at times, require additional repair and/or reinforcement from the inside. In this event:, it will be Owner's obligation to provide access to the walls and floors by removing stored materials; paneling, or other obstructions. This will only be required when Pa Basement deems it necessary in order to service the problem. Owner recognizes that this Warranty is for labor and materials of system only and does not include wall or floor coverings and personal items in basement. II. Pa. Basement is not responsible for chafing, condensation, sweating, porous or filled block or defective mortar around block, and in that event Pa Basement may recommend the application of exterior coatings to the walls or foundation, which would be at additional cost to Owner. Should Owner decide to pursue this additional work, the service for exterior excavation and the application of impermeable sealants or the application of interior sealants, coatings or rough coatings shall be at Owner's additional cost III. Pa Basement is not responsible for dampness or water entering the Premises through above soil levels, surface runoff water, flooding, water entering windows, doors, floor, stairways, chimneys, conduit pipes, bomb shelter ceilings, or subsoil ceilings, or blockage caused by tree roots. IV. If seepage occurs in the areas covered by this Warranty, Owner shall first determine whether the sump pump is functioning. If the sump pump is functioning, Owner should call Pa. Basement immediately. If Pa Basement deems it necessary, Pa Basement will dispatch a service representative to the Premises to determine if additional service is required. If additional service is required, Pa Basement will perform such services as soon as practicable under the circumstances. V_ Pa Basement warrants cement work as to proper mix and workmanship, but does not guarantee cement against cracking, dusting, peeling, chafing, settling, or any other conditions. VI. The Work, inspection, and service will be performed during normal working hours- If the problem does not arise from an area coved by the Work, then Pa Basement may charge the Owner a Minimum fee of $80.00 plus additional fees. VII. Pa Basement shall leave the area where the Work or service is performed in a "broom clean" condition. Nevertheless, some dust and general disruption may remain after the Work or service is completed. Owner should cover all items in the areas adjacent to where the Work or service is to be performed with a dust proof tarp or other similar covering and take similar steps to keep dust and residue from entering other parts of the Premises including, turning off blowers to heater and air conditioning systems and covering doorways and openings with dust proof tarps. Under no circumstances is Pa Basement responsible for the removal or cleaning of dust and residue or the damage resulting from any dust or residue. VIII. Owner shall immediately notify Pa Basement of any breach by Pa Basement of any failure of the Work or service to conform to the terms of the Agreement Pa Basement shall have the right to re-enter the Premises to inspect the Premises and shall be given a reasonable opportunity to cure any problems with the Work or service. IX. Pa Basement is not undertaking any Work on the exterior of the Premises except as expressly set forth in this Agreement Therefore, the agreed upon total price in the Agreement does not include rerouting, replacement or cleaning of gutter, downspouts, vents, pipes, ducts, wiring conduits, or the removal or replacement of shrubbery, abutments or other obstructions. Pa Basement's only responsibility with regard to any exterior work would be to perform rough grading, and Pa Basement does not guarantee the survival of grass, removed plantings, trees or shrubbery when exterior work is performed. X. Should any alteration be made to the Work by anyone other than Pa Basement without the express written permission of Pa Basement or should Owner breach the agreement entered into by Pa Basement and Owner for the Work (Agreement"), all warranties provided under the Agreement are deemed null and void and Pa Basement shall be relieved of any obligation to make any service ;al's. VERIFICATION I, Paula R. Risser, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth therein are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. r V& lI Witn ss Dated: // 9 , PAULA R. RISSER Dated: - 1 - 0 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing COMPLAINT was served by United States first-class mail, postage prepaid, upon the following: Jason C. Giurintano, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, 13A 17108-0999 Angela D. Horch e Dated: November fib, 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS)(4V " Itf CIVIL DIVISION r,-, r v tv -s -4 C-J PAULA R. RISSER, CASE NUMBER: 11-8509 <? ..n 7P c? ac ?c ? Z ? Plaintiff ISSUE NUMBER: N ? t-r•; w V. PLEADING: PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS Additional Defendant PRAECIPE FOR APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant COUNSEL OF RECORD: ADAM L. SEIFERTH, ESQUIRE Pa. ID# 89073 CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PAULA R. RISSER, CASE NO: 11-8509 Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS Additional Defendant PRAECIPE FOR APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Additional Defendant, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, in the above-captioned matter. Respectfully submitted, BY: Date: i?,_;L3 _Q-01 CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, ES?U"; Attorney ID# 89073 1011 Mumma Road, Suite O1 Lemoyne, PA 17043 (717) 975-9600 aseiferth@c-wlaw.com Counsel for the Additional Defendant, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS CERTIFICATE OF SERVICE That counsel for the Additional Defendant, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of .L o ,eM2ek , 2011. Richard C. Angino, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff) Jason C. Giurintano, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 (Counsel for Pennsylvania Basement Waterproofing, Inc.) Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTH, ESQ Counsel for the Additional E JAMES WILLIAMS d/b/a J. AND SONS PAULA R. RISSER, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ???jjCC?? NO. 2011 CV-?SC? PENNSYLVANIA BASEMENT WATERPROOFING, INC. Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS 67 Michael Lane Watsontown, PA 17777 Additional Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO DEFEND 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 PLEADING 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. CUMBERLAND COUNTY BAR ASS IATION 32 BEDFORD STREET CARLISLE, PA 17013 i, In , Jason C. G' mtano, Esquire Attorney I p. 89177 305 N. F nt Street, P.O. Box 999 Harrisburg, PA 17108-0999 m THOMAS, THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108 Jason C. Giurintano, Esquire Attorney ID #89177 717-237-7157 Attorney for Defendant PAULA R. RISSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY., PENNSYLVANIA 1-549 V. NO. 2011 CV-4=CV PENNSYLVANIA BASEMENT WATERPROOFING, INC. CIVIL ACTION - LAW ...ate -' s Defendant M." ?q r- n v. JURY TRIAL DEMANDED N JAMES WILLIAMS d/b/a <o 'ti n J.S. WILLIAMS AND SONS 7cs c? z? 67 Michael Lane ?? a Watsontown, PA 17777 -c ? - Additional Defendant JOINDER COMPLAINT OF DEFENDANT PENNSYLVANIA BASEMENT WATERPROOFING, INC., AGAINST ADDITIONAL DEFENDANT JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS AND NOW, comes Defendant, Pennsylvania Basement Waterproofing, Inc. ("PA Basement"), by and through its counsel, Thomas, Thomas & Hafer, LLP, and files this Joinder Complaint against Additional Defendant James Williams d/b/a J.S. Williams And Sons ("Additional Defendant Williams"), and in support thereof states and avers as follows: 1. Plaintiff filed a Complaint in this matter on or about November 14, 2011. A copy of the Complaint is attached hereto and marked as Exhibit "A." 2. Plaintiff alleges that Defendant, while performing basement waterproofing services, severed an underground heating fuel oil line, causing fuel oil to be discharged into and below Plaintiff s basement. See Complaint, attached hereto as Exhibit "A." j .. ?: ?.r -w r 3. The Complaint alleges one (1) count of Negligence and also seeks punitive damages. See Complaint at Count I and ad damnum clause. 4. Even assuming there was the oil line was negligently severed, which is specifically denied in any event, the basement waterproofing services which are referenced in the Complaint were in fact performed by Additional Defendant Williams. 5. PA Basement performed no actual service/repairs/waterproofing in the Plaintiff's basement at the time/date referenced in the Complaint. 6. Accordingly, PA Basement filed a Praecipe for Writ of Joinder Summons against Additional Defendant Williams. See Exhibit "B." 7. This Joinder Complaint is timely filed pursuant to the Pennsylvania Rules of Civil Procedure. 8. Defendant PA Basement hereby incorporates, without admission, the allegations and averments contained in Plaintiff's Complaint. 9. Defendant PA Basement avers that, if the incident alleged by Plaintiff occurred as set forth in Plaintiff s Complaint, and it is judicially determined that Plaintiff s suffered injuries and damages alleged in the Complaint, then and in such event, Additional Defendant Williams is fully liable to the Plaintiff for the negligence alleged to have occurred. 10. Defendant PA Basement avers that if the incident alleged by Plaintiff occurred as set forth in Plaintiffs Complaint, and it is judicially determined that Plaintiff suffered injuries and damages alleged in the Complaint, and furthermore determines that any such injuries and damages were the result of actions or omissions of Defendant PA Basement, then and in such event Additional Defendant Williams is solely liable on the claims of Plaintiff, and/or are liable 2 .t over to Defendant PA Basement, and/or is jointly or severally liable on the cause of action set forth in Plaintiff's Complaint. 11. Further, pursuant to a sub-contractor agreement between Defendant PA Basement and Additional Defendant Williams, Additional Defendant Williams is contractually obligated to defend and indemnify Defendant PA Basement as any potential liability Defendant PA Basement could possibly have in this case arises exclusively from Additional Defendant Williams operations in the basement. See Exhibit "C." WHEREFORE, Defendant PA Basement, demands judgment in its favor and against all parties, with costs. Respectfully submitted, THOMAS, THOMS & HAFER, LLP I{' DATE: December 23, 2011 By: Jason C 'Gi o, Esquire I.D.# 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7157 3 71 ATTORNEY VERIFICATION I, Jason C. Giurintano, of the law firm of THOMAS, THOMAS & HAFER, LLP, hereby verify that we are the attorneys of record for DEFENDANT, Pennsylvania Basement and Waterproofing, Inc. in this case, that as such I am authorized to make this Verification, and that the information set forth in the foregoing is true and correct to the best of my knowledge, information, and belief. BY: Dated: December 23, 2011 THOMAS, THOMAS HAFER, LLP Jason C. Giurint Attorney for Defendant Pennsylvania Basement and Waterproofing, Inc. 4 -V'7- M 'O d %os ®0319A?3N S3183G COWS :7 7 E ' - ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID#t: 07140 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rca@angino-rovner.com Attorney for Plaintiff PAULA R. RISSER 1210 Griffin Street Harrisburg, PA 17112, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC. 1525 Cedar Cliff Drive, Suite 101 Camp Hill, PA 17011, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ot . Vil CIVIL ACTION -- LAW JURY TRIAL DEMANDED 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIR.TNTG A LAWYER. TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This c? LLday of -P 'J OV, , 20 a- N ? Fx ? • CjProthonotary 1 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las sigurentes PAGINAS, LISTED TIENEN QUE TOMAR ACCION DENTRO VEINTE (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un aborgado y archivando por escrito con la Corte sus defenses o objections a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerio el caso puede proceder sin usted y un jazgamiento puede ser entrado contra usted pro la Corte sin mas aviso por cualquier dinero reclamando en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o ostros derechos importante para usted. UST-RD DEBE LLF,VAR ESTE PAPEL A SU ABOGANDO ENSEGUIDA. c? ? TSTED NO TIENE UN ABORGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIES QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 1013 800-990-9108 ANGINO & ROVNER, P.C. Richard C. Anaino, Esquire Attomey ID#: 07140 4503 North Front Street Harrisburg, PA 171 10-1708 (717) 238-6791 FAX (717) 238-5610 E-mail: rca@angino-rovner.com PAULA R. RISSER 1210 Griffin Street Harrisburg, PA 17112, Plaintiff Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. V. PENNSYLVANIA BASEMENT WATERPROOFING, INC. 1525 Cedar Cliff Drive, Suite 101 Camp Hill, PA 17011, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Paula R. Risser, by and through her attorney, Angino & Rovner, P.C., and files her Complaint, stating as follows: 1. Plaintiff, Paula R. Risser (hereinafter, "Plaintiff'), is an adult individual who resides at 1210 Griffin Street, Harrisburg, Pennsylvania 17112. 2. Defendant, Pennsylvania Basement Waterproofing, Inc. (hereinafter "Defendant") is a Pennsylvania corporation with a principal place of business at 1525 Cedar Cliff Drive, Suite 101, Camp Hill, Pennsylvania 17011. 3. On or about June 4, 2011, Plaintiff entered into a written Agreement (hereinafter, "the Agreement") with Defendant (attached hereto as "Exhibit A"), pursuant to which Defendant agreed to perform waterproofing services in Plaintiff's basement in exchange for Plaintiff s payment of $5,740.00 in valuable consideration. 4. Paragraph 22 of the Agreement provides this Honorable Court with exclusive jurisdiction over the instant action. See Exhibit A, ? 22 ("This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Owner consents to the exclusive personal jurisdiction and venue of the Courts of Cumberland County, Pennsylvania for all litigation which may be brought with respect to or arising out of the terms of and the transactions and relationships contemplated by this agreement.") 5. On or about June 27, 2011, and pursuant to the Agreement, employees and/or agents of Defendant performed waterproofing services for Plaintiff. 6. While performing the waterproofing services, Defendant's employees and/or agents severed a copper fuel-oil line that was embedded in the original concrete slab in Plaintiff s basement. 7. Plaintiff believes and therefore avers that Defendant and its employees and/or agents were aware of the adverse consequences of severing a fuel-oil line. 8. Despite actual knowledge that the oil line was severed, Defendant did not inform Plaintiff of the incident. Instead, Defendant concreted the oil line in, in an attempt to conceal the severed pipe and prevent it from further leakage. 9. As a result of the severed oil pipe, approximately seventy (70) gallons of oil-a quarter of the contents of Plaintiffs oil tank-leaked out of the pipe and remain beneath the surface of Plaintiff s basement floor. 2 17 10. Plaintiff first became aware of the severed oil line on or about July 7, 2011, when, after a heavy rain, she was able to smell the oil-fume emissions. 11. On or about July 15, 2011, ABC Fuel Oil Company, Inc. visited Plaintiff's residence, where it replaced the severed oil line in her basement at a cost of $214.90. 12. Soon thereafter, Defendant issued a check made payable to ABC Fuel Oil Company in the amount of $214.90 to pay for the expenses associated with replacing the severed oil line. 13. On or about July 30, 2011, Erie Insurance Company (hereinafter "Erie"), through which Plaintiff maintained a homeowner's insurance policy, engaged the services of Aufiero Associates to complete a cause and origin inspection regarding the oil leak in Plaintiff's basement. 14. Following its inspection, Aufiero Associates determined that the work completed by Defendant caused the damage to Plaintiff's oil line. 15. Although the severed fuel-oil line has been replaced, the seventy (70) gallons of oil which previously leaked out remain trapped beneath Plaintiff's basement floor. 16. As a result of the oil leakage caused by Defendant, oil fumes have been emitting, and continue to emit, throughout Plaintiff's house. 17. The fumes interfere substantially with Plaintiff's living and quality of life, especially during periods of rain. 18. As a result of the oil leakage caused by Defendant, oil has contaminated portions of Plaintiff s soil. 19. As a result of the oil leakage caused by Defendant, Plaintiff has been deprived of the normal and customary enjoyment of her residential property. 3 20. Plaintiff has not yet obtained an expert opinion regarding the extent of her property damages, in terms of either remediation expenses; or loss of value to her property. COUNT I - NEGLIGENCE PAULA R. RISSER v. PENNSYLVANIA BASEMENT WATERPROOFING INC. 21. Paragraphs 1 through 20 of the Complaint are incorporated herein by reference. 22. The foregoing incident and all of the injuries and damages set forth herein sustained by Plaintiff are the direct and proximate result of the negligent and careless manner in which Defendant, by and through its employees and/or agents failed to exercise due care in performing waterproofing services for Plaintiff and thereby severed Plaintiff s fuel-oil line. 23. The foregoing incident and all of the injuries and damages set forth herein sustained by Plaintiff are the direct and proximate result of the grossly negligent, careless, wanton, and reckless manner in which Defendant, by and through its employees and/or agents: (a) knowingly and purposefully failed to repair the oil line which Defendant's employees and/or agents knew it severed; (b) knowingly and purposefully failed to inform Plaintiff of the severed oil line; and (c) knowingly and purposefully concealed the severed oil line and its hazardous effects by concreting in the oil line. 24. As a direct and proximate result of Defendant's actions, approximately seventy (70) gallons of fuel oil leaked out of Plaintiff s oil tank and remains beneath Plaintiff s basement floor. 25. As a direct and proximate result of Defendant's actions, Plaintiff has incurred loss of value to her property, and a claim is made therefor. 4 26. As a direct and proximate result of Defendant's actions, Plaintiff has incurred damage to her property, for which remediation costs will be incurred, and a claim is made therefor. 27. As a direct and proximate result of Defendant's actions, Plaintiff has been deprived of the nonnal and customary enjoyment of her residential property, and a claim is made therefor. 28. As a direct and proximate result of Defendant's actions, Plaintiff's quality of life has been reduced substantially, and a claim is made therefor. 29. The actions of Defendant, as set forth in Paragraph 23, constitute conduct far beyond negligence and exceeding the boundary of outrageous, wanton, and reckless conduct, warranting the award of punitive damages, and a claim is made therefor. WHEREFORE, Plaintiff Paula R. Risser demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and punitive damages, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. chard - in o, Esquire `? .D. N6.%7 40 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 FAX: (717) 238-5610 rca@angino-rovner.com Attorney for Plaintiff Date: November @ 2011 5 Exhibit A - P?i LSCEP;SE-PA 0010:-) A-GREEMENT This Agreement entered into this day of - , 20_ ' , by and between PABASEMENT WATERPROOFING INC., a Pennsylvania Corporation of 1525 Cedar Cliff Drive, Camp Hill, PA 1701', Phone 800-511-6579 i lame(s) _ (Hereinafter referred to as "Owner") Phone Address City - L? State_ Zip 1 1, Job Site City State Zip PA Basement Waterproofing Inc. and Owner in mutual consideration and intending to be legally bound hereby agree as follows: 1. PA Basement Waterproofing Inc. agrees to furnish materials, labor, and equipment to install sub grade/sub-floor water redirectional equipment in the "AREA TO BE SERVICED" ("World'). 2 PA Basement Waterproofing inc. agrees to start Work within approximately days and complete Work within approximately days. The.parties agree that the cornpleiion date may be extended due to circumstances beyond the control of PA Basement Waterproofing Inc. such as weather or unforeseen conditions at the area to be serviced. 3- Owner agrees to pay PA Basement Waterproofing Inc. as full compensation for the Work as follows: TOTAL CASH PRICE: S AMOUNTTO BE PAID BEFORE PABASEKENT WATERPROOFING INC. BEGINS WORK: S _ BALANCE DUE UPONCOMPLE"rION: $- I' + Any payment not made within ten (10) days of its due date shall incur a late fee of 1.5% per month until paid. The 1.5% shall be reduced to the highest rate permitted by law: If financed, complete the attached Federal Truth in Lending Forms and Loan Agreement. If Financing cannot be obtained, down payments made by Owner will be returned and this Agreement will be canceled. This Agreement is not a financing commitment. Financing is provided by a separate lending institution. The lender reserves the right to accept or reject your credit. 4. AREA TO BE SERVICED AND DESCRIPTION OF WORK TO BE PERFORMED. Total linear feet to be serviced 2 C ft. AREA TO BE SERVICED Rear Cove Left Cove { ri ?- l f Front Cove DESCRIPTION OF WORK TO BE PERFORMED [] Interior: PA Basement Waterproofing Inc. will installQ High Impact polymeric drain core with flow channels Right 2,Sub-floor pressure relief system (3" or 4" a.d.s. flexible Cove j ore perforated piping) ©.Heavy Duty Submersible Pump System ? Base Cove Plate System (Solid lines indicate cove area The cove area is where the wall and floor meet) ? Other: See attached ADDENDUM THE AREA TO BE SERVICED will be marked with "X".,No waterproofing Services will be performed to any area not containing an "r' / t `% PABASEMENT WATERPROOFING INC. RECOMMENDS ALLFOUR WALLS BE WATERPROOFED. 5. Cancellation. Owner may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the Notice of Cancellation form for an explanation of this right. 6. Permits. Owners shall be responsible for obtaining and paying for all permits and approvals necessary for PA Basement Waterproofing Inc. to perform its work. 7. Approval. This Agreement is not binding on PABasement Waterproofing Inc. until it is approved and signed by an officer ofPA Basement Waterproofing Inc. 8. Access. Owner grants unrestricted,access to work areas for PA Basement Waterproofing Inc.'s labor, equipment and vehicles. Owner agrees to allow areas for storage of materials. Owner agrees to keep driveways clear and available for movement and parking of vehicles and trucks during normal working hours. PA Basement Waterproofing Inc. shall not be held responsible for damage to driveways, walks, lawns, shrubs, or other vegetation, by movement oftmcks, laborers, equipment, materials, debris, etc. or otherwise. 9- Interior Access. If it is necessary to inspect and/or work from the interior, as determined by PA Basement Waterproofing Inc. in its sole discretion, Owner agrees to provide complete access to and make the walls and floors bare in the Area to Be Serviced and agrees to make designated areas accessible to PA Basement Waterproofing Inc. Owner is responsible for replacement ofsame only after notification from PA Basement Waterproofing Inc. 10. Pre-existing Conditions. PA Basement Waterproofing Inc. is not responsible for the repair of pre-existing structural conditions or problems. PA Basement Waterproofuig Inc. will notify Owner if PA Basement Waterproofing Inc. discovers pre-existing structural problems during its Work Pre-existing structural conditions and problems include deficiencies which existed in initial construction of the foundation or improper, unsound or no footings, hidden deficiencies uncovered as.a result of a second slab floor overlay, sub-quality existing slab, slab cap over dirt flooring, mumbled floor slab, sub-floor soil slippage, or excessive erosion and/or undermining. The charges to Owner shall be limited to cost plus20% to cover PA Basement Waterproofing'Ine.'s overhead, if not initially contracted for, and if ever necessary. For PA Basement Waterproofing, Inc. to install a floor System, other than around the perimeter; due to springs, hydrostatic pressure, or otherwise. NOTICE TO OWNER: DO NOT SIGN THIS AGREEMENT IN BLANK, OWNER IS ENTITLED TO A COPY OF THIS AGREEMENTAT THE TEVIE IT IS SIGNED. By signing this Agreement Owner acknowledges receipt of a copy of this Agreement By signing this Agreement, Owner and all persons signing for Owner and with Owner agree to all terms, conditions and provisions contained in this Agreement The terms and conditions include the terms on this page and on the reverse side. Owner and all persons signing the Agreement for and with Owner shall be severally and jointly obligated and liable herein. This Agreementlis not binding on PA Basement Waterproofing Inc. until it is approved by an officer. of PA Basement Waterproofing Inc. 1N WITNESS V?FMREOF, >(ntending tolbe legally bound, the parties have hereunto seet' their hagds aDd'seals the day and year above written. L?spector ` Owner v Approved by PP. 13ASEMEN'T WATERPROOFING INC. By: Officer Owner I agree to bound unconditionally a the terms and conditions in the Agreement .n ns and Conditions ll. PA Basement Waterproofing Inc. Cancellation. PA Basement Waterproofing Inc. reserves the rights to cancel this Agreement if during its Work it discovers conditions which would prevent the installation of a sub- floor system. Owner agrees to hold PA Basement Waterproofing Inc. harmless for damages which may result from cancellation of this Agreement. 12. Special Work Limitations/Requirements. A. Exterior Work Limitation. If exterior work is preformed, PA Basement Waterproofing Inc.'s responsibility shall be limited to rough grading. PA Basement Waterproofing Inc. does not guarantee the survival of grass, plantings, trees or shrubbery. B. Pressure Relief System. If a pressure relief floor system is installed initially or at a later date, the materials and methods(s) used shall be at the sole discretion of PA Basement Waterproofing Inc. If floor of cove system is installed is such installation will be above and/or below floor as Pa Basement Waterproofing Inc. deems necessary C. Submersible Sump Requirements. If a submersible pump is installed, Owner agrees to supply adequate electrical power and Owner agrees to install outlets and electrical extension cords for the submersible pumps. If Owner does not provide these items the pump may nor function properly. PA Basement Waterproofing Inc. will not be responsible and PA Basement Waterproofing will not provide any warranty whatsoever. Sump pump discharge hoses will terminate at the splash block or at any other area PA Basement Waterproofing Inc. deems best. D. Foundation and Seepage. If Owner has a stone , terra cotta, vertical layer, poured concrete , or brick foundation, PA Basement Waterproofing Inc. has advised owner to have walls rough castered as part of this Agreement. E. Limitations of Scope of Work. The agreed upon price does not include rerouting or replacement of vents, pipes, ducts, wiring conduits, tanks, utilities, hall or floor coverings, shrubbery, abutments, or obstructions. If necessary for PA Basement Waterproofing Inc. to drill through exterior concrete, asphalt, wood, slate, brick, or substance other than earth, PA Basement Waterproofing Inc. assumes no liability for damage to same, but will repair it in a workmanlike manner where PA Basement Waterproofing Inc. shall not be responsible for damage to paneling, tile, and carpet or other obstruction, or property on wall, floor, or otherwise. 13. WARRANTY AND LIMITATIONS OF LIABILITY. 4 Warranty Certificate will be issued upowfull payment after a short processing time. The Warranty is lifetime on PA Basement Waterproofing Inc. system =.nd seven years on sump pump. There will be no warranty unless PA Basement Waterproofing Inc. is paid in full. If any alteration is made to PA Basement Naterproofing Inc. system without written permission from PA Basement Waterproofing Inc. will have no further obligation to Owner. PA Basement Naterproofing Inc. warrants cement work as to proper mix and workmanship but does not guarantee cement against cracking, peeling or settling. 'A BASEMENT WATERPROOFING INC. DOES NOT WARRANT OR ASSUME RESPONSIBILTY WHATSOEVER FOR A14Y DAMAGE TO THE INTERIOR OF ANY 3UILDING OR ITS CONTENTS CAUSED BY OR CLAIMED TO BE CAUSED BY WATER SEEPAGE OR'INFILTRATION. 'A Basement Waterproofing Inc. does not. warrant against conditions over which it has no control, including but not limited to structural damage, conditions . ;f subsoil masonry, damage caused by other, fire, floods, backing up of sewer systems, or acts of God. .XCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT AND THE WARRANTY, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT JMITED TO, ANY IMPLIED WARRANTIES MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES OF HABITABILITY AND NARRANTY COVERAGE FOR LATENT DEFECTS MADE BY PA BASEMENT WATERPROOFING INC. PA BASEMENT WATERPROOFING, INC. SHALL NOT, UNDER kNY CIRCUMSTANCES, BE LIABLE TO OW14ER FOR CONSEQUENTIAL OF INCIDENTAL DAMAGES EVEN IF THE WATERPROOFING SYSTEM FAILS AND OWNER SUSTAINS DAMAGES TO PROPERTY AND FURNITURE. 'A BASEMENT WATERPROOFING INC.'S LIABILITY AND RESPONSIBILITY UNDER THIS AGREEMENT IS LIMITED TO THE SERVICE OF WATER ENTERING THE LOOR COVE AREA OF THE FOUNDATION. PA BASEMENT WATERPROOFING INC. IS NOT RESPONSIBLE FOR CONDENSATION. SWEATING, POROUS OR FILLED •LOCK, DAMPNESS OR WAKE ENIERING THE PREMISES THROUGH ABOVE SOIL LEVELS, SURFACE RUNOFF WATER, SUB -SOIL CEILINGS, OR OTHER .DDITIONAL AREA NOT SPECIFIED IN THIS AGREEMENT. PA BASEMENT WATERPROOFING INC. Is NOT RESPONSIBLE FOR CONSEQUENTIAL WATER OR ROPERTY DAMAGE. PA BASEMENT WATERPROOFING INC IS ONLY RESPONSIBLE FOR THE WATER ENTERING THE FLOOR COVE AREA OF THE FOUNDATION. A Basement Waterproofing Inc. shall not be liable or responsible for any damage beyond the amount actually paid by Owner to PA Basement waterproofing x. PA Basement waterproofing Inc. waterproofing liability is limited to the amount paid by Owner directly to PA Basement Waterproofing Inc. for the Jork. 4. Remodeling Restrictions. Owner agrees to maintain system for one year (1) from date of installation before Owner remodels or improves the basement r other area serviced; otherwise the Warranty hereunder shall be null and void. Conditions in work Area. PA Basement Waterproofing Inc. will exercise caution during its Work and will leave "Broom Clear,". Owner understands and .cepts that dust and general disruption will remain after Work is complete. i. Service Calls. Service calls for continuing seepage problems within the scope of the Warranty will be made with no additional charge to Owner. However, PA Basement waterproofing Inc. finds the problem in an area where no Work was done and therefore it is not covered by Warranty, or if the problem is not i actual seepage problem (such as leaking pipes, condensation, high humidity, sewer back-ups, and unplugged sump pump, etc.), then PA Basement 'aterproofing Inc. reserves the right to charge Owner a $75.00 fee for service. '. Owner Default. If Owner is in breach of any of the terms or conditions of this contract, including, without limitation, nonpayment or attempted ncellation (after the 3 day cancellation period), Owner shall be in default, and Pa Basement Waterproofing Inc. shall be entitled to payment of the full ;reement price as well as any remedies provided by law and/or equity. However, PA Basement Waterproofing Inc, agrees that if the scheduled work has igun at the time of the attempted cancellation, PA Basement Waterproofing Inc. will accept thirty percent (3=.) of the full cash price. Joint and Several Liabilities. This is a joint and several agreement and it means that all the owners as a group and each of the owners as an individual are sponsible to PA Basement Waterproofing Inc. for oil of the provisions of this agreement, If there is a default, PA Basement Waterproofing Inc. can sue all of e Owners or, PA Basement waterproofing can bring a lawsuit against any one Owner separately (severally). . Invalidity of Provisions. In the event any one or more of the provisions of this Agreement is declared to be invalid by a Court, all other terms and nditions of this Agreement shall be binding and enforceable. Entire Agreement. This Agreement and the attached Addenda, if any, constitutes the entire Agreement between PA Basement Waterproofing Inc. Owner <nowledges that no promise representation of warranty, except those expressly set forth in writing, have been made by Pa Basement Waterproofing Inc. its agents. No modification or addition to this Agreement will be valid or binding upon PA Basement waterproofing Inc. unless agreed to in writing. Assignment. PA Basement Waterproofing Inc. has the right to assign and /or transfer this Agreement and other instruments executed by Owner. Owner ry not assign of transfer this Agreement without written consent of PA Basement waterproofing Inc. Jurisdiction and Venue. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Owner isents to the exclusive personal jurisdiction and venue of the Courts of Cumberland County, Pennsylvania for all litigation which may be brought with pert to or arising out of the terms of and the transactions and relationships contemplated by this agreement. 7 7?Ru--WA- 44 A-W-P* ip%W?'Zwa WWjt. ilsG"k 4A k se Date Issued: 6I Under Contract: # Owner: Address: _?£ ?•?? PA Basement Waterproofing provides this Service Warranty ("Warrant/') for labor and materials related to the area contracted against water seeping in from the lower wall cove (where wall meets floor), the floor area as desoribed below, and where a pressure relief system has been installed ("work"). Customer recognizes that the Service Warranty is not valid until all monies due to PA Basement Waterproofing are paid in full. &MVICEWARRAMY Desai'oed Areas (one or more must be checked) 1, All four (4) walls (total perimeter)-Warranty includes total ?Sl Perimeter of floor and total middle floor area. 0\\\ 1-2-3 Walls- Warranty includes immediate floor area within 0 3 feet of wal! as specified on contract o Brick/Ter a Cotta, Stone, Vertical layer, or poured concrete Foundation, PA Basement Waterproofing shall be responsible to service the seepage through the lower wall/floor system and not for seepage through wall(s) or wall Mortar/joints unless listed under other. a Length of Warranty: c One (1) year a Five 5 Y Entire Period in which owner holds title to property. Limited Warranty: Desoibed Equipment Submersible Pump(s) war • piacement: o Two (2) Years X Seven (7) Years Notice: Submersible pump equipment is powered by electrical power and must always be plugged in to o power source, y F41 ?tt=S!SSSF?1:'4s.SY?SKY!'???tLL414`?. y5k`4`y. SERVICE ?A' " M ttsf UP, Upon endorsement by holder and the transmittal of this document to Pa Basement, this warranty is Transferable and assignable one time to parties as yet unnamed for the duration of the original stated warranty in accordance with the terms and conditions specified herein, provided that the new owners meet all terms and conditions of the agreement accompanying this warranty. To be effective, this service warranty transfer must be notarized and sent to Pa Basement's office within 30 days of transfer of title, 0.00 NAME FEE ADDRESS CITY, STATE, ZIP (HOME PHONE) (WURK PHONE) (CELL PHONE) HOLDER'S NAME (PRINT) HOLDER'S SIGNATURE DATE . NOTARY (PA BASEMENT) 1 C -T/ 1. The conditions and the construction materials of the foundation walls and floor may, at times, require additional repair and/or reinforcement from the. inside. In this event, it will be Owner's obligation to provide access to the walls and floors by removing stored materials; paneling, or other obstructions. This will only be required when Pa Basement deems it necessary in order to service the problem. Owner recognizes that this Warranty is for labor and materials of system only and does not include wall or floor coverings and personal items in basement. fl. Pa_ Basement is not responsible for chafing, condensation, sweating, porous or filled block or defective mortar around block, and in that event Pa Basement may recommend the application of exterior coatings to the walls or foundation, which would be at additional cost to Owner. Should Owner decide to pursue this additional work, the service for exterior excavation and the application of impermeable sealants or the application of interior sealants, coatings or rough coatings shall be at Owner's additional cost II. Pa Basement is not responsible for dampness or water entering the Premises throw above soil levels, surface runoff water, flooding, water entering windows, doors, floor, stairways, chimneys, conduit pipes, bomb shelter ceilings, or subsoil ceilings, or blockage caused by tree roots. IV. If seepage occurs in the areas covered by this Warranty, Owner shall first determine whether the sump pump is functioning. If the sump pump is functioning, Owner should call Pa. Basement immediately. If Pa Basement deems it necessary; Pa Basement will dispatch a service representative to the Premises to determine if addi i.onal service is required:'If additional service is regturPd Pa Basement will perform such services as soon as practicable under the circumstances. V. Pa Basement warrants cement work as to proper mix and workmanship, but does not guarantee cement against cracking, dusting, peeling, chafing, settling, or any other conditions. VI. The Work, inspection, and service will be performed during normal working hours- If the problem does not arise from an area coved by the Work, then Pa Basement may charge the Owner a Minimum fee of $80.00 plus additional fees- VU- Pa Basement shall leave the area where the Work or service is performed in a "broom clean" condition. Nevertheless, some dust and general disruption may remain after the Work or service is completed- Owner should cover all items in the areas adjacent to where the Work or service is to be performed with a dust proof tarp or other similar covering and take similar steps to keep dust and residue from entering other parts of the Premises including, fuming off blowers to heater and air conditioning systems and covering doorways and openings with dust proof tarps. Under no circumstances is Pa Basement responsible for the removal or cleaning of dust and residue or the damage resulting from any dust or residue. VIII. Owner shall immediately notify Pa Basement of any breach by Pa Basement of any failure of the Work or service to conform to the terms of the Agreement Pa Basement shall have the right to re-enter the Premises to inspect the Premises and sha?I be given a reasonable opportunity to cure any problems with the Work or service. IX. Pa Basement is not undertaking any Work on the exterior of the Premises except as expressly set forth in this Agreement Therefore, the agreed upon total price in the Agreement does not include rerouting, replacement or cleaning of gutter, downspouts, vents, pipes, ducts, wiring conduits, or the removal or replacement of shrubbery, abutments or other obstructions. Pa Basement's only responsibility with regard to any exterior work would be to perform rough grading, and Pa Basement does not guarantee the survival of grass, removed plantings, trees or shrubbery when exterior work is performed. X. Should any alteratio-_i be made to the Work by anyone other than Pa Basement without the express written permission of Pa Basement or should Ov ner breach the agreement entered into by Pa Basement and Owner for the Work (_A greement ); all warranties provided under the Agr °:ement are deemed null and void and Pa Basement shall be relieved of any obligation to make any service VERIFICATION L Paula R. Risser, Plaintiff, have read the foregoing Complaint and do hereby swear or affirm that the facts set forth therein are true and correct to the best of my knowledge, information, and belief I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. r ? ' ?m44 witndss Dated: PAULA R. RISSER Dated: -fl ` 1 1 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C., hereby certify that a true and correct copy of the foregoing COMPLAINT was served by United States first-class mail, postage prepaid, upon the following: Jason C. Giurintano, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg. PA 17108-0999 Angela D. Horch er Dated: November if), 2011 ??. I WRIT TO JOIN ADDITIONAL DEFENDANT Cumberland County, ss: The Commonwealth of Pennsylvania to JAMES WILLIAMS DB/A J.S. WILLIAMS AND SONS 67 MICHAEL LANE WATSONTOWN, PA 17777 You are notified that PENNSYLVANIA BASEMENT WATERPROOFING, INC. have joined you as an additional defendant in this action, which you are required to defend. Date: DECEMBER 1, 2011-? ?',, David D. Buell, Prothonotary B ' Deputy (Seal) TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se?1 of said j?rt at Carlisle, Pa. This day of ?+t-? 20 Prothono No. 11-8509 Civil Term PAULA R. RISSER vs PENNSYLVANIA BASEMENT WATERPROOFING, INC. Defendant JAMES WILLIAMS D/B/A J.S. WILLIAMS AND SONS Additional Defendant WRIT TO JOINED AN ADDITIONAL DEFENDANT TODD B. NARVOL, ESQUIRE THOMAS THOMAS & HAFER, LLP 305 NORTH FRONT STREET P.O.BOX 999 HARRISBURG, PA 17108 717-237-7133 Attorney for Defendant ?'?' ??? _Sep 15 2011 11:00RM PR Basement Waterproofing 877-280-2235 page 2 In sured's Nance and Address Here Subcontractor Areement Any work performed by you, J. S. Williams & ons , the subcontractor, shall be at the risk of the subcontractor exclusively. To the fullest extent permitted by law, Subcontractor shall indemnify, defend and hold harmless, Pa Basement Waterproofing Inc. from =y and all claims for bodily injury, death or damage to property, demands, damages, actions, causes of action, suite, losses, judgments, obligations, and any liabilities, costs and expenses (including but not limited to investigative and repair costs, attorneys' fees and costs, and consultants fees and costs. Claims which arise or are in any way connected with the Work performed, Materials furnished, or Services provided under the Agreement by Subcontractor or its agents. These indemnity and defense obligations shall apply to any acts or omissions, negligent or willful misconduct of Subcontractor, its employees or agents, whether active or passive. Said indemnity and defense obligations shall further apply, whether or not said claims arise out of the concurrent act, omission, or negligence of the Indemnifies Parties, whether active or passive. Subcontractor shall not be obligated to indemnify and defend Contractor or Owner for claims found to be due to the sole negligence or willfiil misconduct of Indemnified Parties. Subcontractor's indemnification and defense obligations hereunder shall extend to Claims occurring after the Agreement is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the Indemnified Parties for such Matters which are indemnified hereunder are fully and finally barred by applicable Laws. The subcontractor also agrees to provide a certificate of insurance showing the following requirements prior to work starting: Pa Basement Waterproofing Inc. 1525 Cedar Cliff Drive, Camp Hill, Pa. 17011 as an Additional Insured under Commercial General Liability, CG 2010 & CG2037 or its equivalent. The certificate shall include reference to coverage being Primary and Non Contributory, and include Work in Progress and Completed Operations. General Liability Limits of. $1 million each occurrence $2 million General Aggregate $2 million Products/Completed Operations Aggregate $1 million Personal & Advertising Injury Workers Compensation - Employers Liability $500,000 Each Accident $500,000 Disease Policy Limit /-- I CC) - Sep 15 2011 11:00RM PR Basement Waterproofing 877-280-2235 page 3 $500,000 Disease - Each Employee 30 Days Notice of Cancellation The subcontractor, by signing below acknowledges agreement to this Indemnity & Hold Harmless agreement with Pa Basement Waterproofing Inc.. J. S. Williams & Sons 67 Michael Lane, Watsontown, Pa. 17777 // I? / 4 Name of Subcontractor Business James Williams Representative of TW CERTIFICATE OF SERVICE I Jason C. Giurintano, attorney with the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that a true and correct copy on the following person(s) by United States first class mail, postage prepaid, as follows: Kristin Sinisi Angino & Rovner, P.C. 4503 North Front Street Harrisburg, Pa 17110-1708 Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Date: December 23, 2011 5 I.D.#89177 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7157 PAULA R. RISSER, PLAINTIFF V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., DEFENDANT V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11-8509 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS BEFORE EBERT, J., MASLAND, J., AND PLACEY, J. ORDER OF COURT AND NOW, this 6 - day of January, 2012, after briefing by the parties and argument en banc, the preliminary objections filed by the Defendant, Pennsylvania Basement Waterproofing, Inc., are OVERRULED. Defendant is directed to file an Answer within twenty (20) days of the date of this order. By the Court, Kristen N. Sinisi, Esquire 4503 North Front Street Harrisburg, PA 17110-1708 For Plaintiff Jason C. Giurintano, Esquire 305 North Front Street PO Box 999 Harrisburg, PA 17108 For Defendant ma . Ied 110o Albert H. Masla'n , J. CD -'W ? rTlF - ;;,;o Orr, ,[Q -p CD'r :saa -. 'LED-OFFICE THOMAS, THOMAS & HAFEB, LLP 4: THE PROTHONOTAc t Jason C. Giurintano, Esquire 305 NORTH FRONT STREET Attorney ID #89177 P.O. BOX 999 2012 JAN E I AM 11: 01 717-237-7157 HARRISBURG, PA 17108 Attorney for Defendants Pennsylvania Basement & Cpl PE?tNSYL AOUNTY Waterproofing, Inc. PAULA R. RISSER, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC. Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS 67 Michael Lane Watsontown, PA 17777 Additional Defendant PRAECIPE TO 'SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: With respect to Defendant's Joinder Complaint please substitute the attached verification of Defendants Pennsylvania Basement & Waterproofing, Inc., for the verification of counsel. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.20 H ev94386 it - 8 509' Civi t I tlk Respectfully Date: January 10, 2012 By: Thomas, T)iomas & Hafer, LLP Jason C-. A) #89177 for Defendants ania Basement & Waterproofing, Iric. VERIFICATION 1. Pennsylvania Basement & Waterproofing, Inc., hereby verify that the averments made in the foregoing Joinder Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 3 /- /&" -.& /'ye s ac Dae nnsYlvania Basement & Wate roofingb, Inc. CERTIFICATE OF SERVICE I, Jason C. Giurintano, attorney with the Firm of Thomas, Thomas & Hafer, LLP, hereby state that a true and correct copy of the attached document(s) was served upon all counsel of record on the date set forth below via first class mail: Kristin Sinisi Angino & Rovner, P.C. 4503 North Front Street Harrisburg, Pa 17110-1708 Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP DATE: January 10, 2012 By: "Y Jas6n C. Giurintano, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7157 (t) (717) 237-7105 (f) Attorney for Defendants Pennsylvania Basement & Waterproofing, Inc. -2- l t9" "H l HONOTAR'. ^0 2u12 FEB 14 PH 1: 09 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Daryl E. Christopher, Esquire Attorney ID#: 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com dchri stopher@angino-rovner. com PAULA R. RISSER, V. Plaintiff PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-8509 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT PENNSYLVANIA BASEMENT WATERPROOFING. INC. AND NOW, comes the Plaintiff, Paula R. Risser, by and through her attorneys, Angino & Rovner, P.C., and states the following by way of Reply to New Matter filed by Defendant Pennsylvania Basement Waterproofing, Inc.: 30. Denied. Plaintiff hereby incorporates by reference the paragraphs set forth in her Complaint as if stated in full herein. 31. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, Plaintiff avers that at all times relevant hereto, Plaintiff acted as a prudent, reasonable person. 32. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 33. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 34. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 35. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, Plaintiff avers that any deficiencies in the condition of the oil tank line were created by Defendant, and Defendant knowingly concealed said deficiencies. 36. Denied. Plaintiff specifically denies that she failed to mitigate her damages. 37. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 38. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 39. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 492115 40. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 41. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 42. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 43. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 44. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. WHEREFORE, Plaintiff Paula R. Risser demands judgment against Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and punitive damages, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. R chard CAn - o, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiff Date: February 13, 2012 492115 ATTORNEY VERIFICATION I, Kristen N. Sinisi, Esquire, do swear and affirm that the facts set forth in the foregoing Plaintiff's Reply to New Matter of Defendant Pennsylvania Basement Waterproofing, Inc. are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of the Rules of Civil Procedure relating to unsworn falsification to authorities. 1 Kr isten. Sinisi, quire Dated: February 13, 2012 453771 t* CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT PENNSYLVANIA BASEMENT WATERPROOFING, INC. was served by United States first-class mail, postage prepaid, upon the following: Jason C. Giurintano, Esquire Thomas, Thomas & Hafer, LLP 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 r? l Angela D. Horchler Dated: February 13, 2012 492115 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAULA R. RISSER, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WIL,LIAMS d/b/a J.S. WILLIAMS AND SONS Additional Defendant CIVIL DIVISION CASE NO: 11-8509 PRAECIPE FOR WITHDRAW OFAPPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY: m z:, r w ?_ r D -r C3 c -1 co r? _• Co = Please withdraw my appearance on behalf of the Defendant, PENNSYLVANIA BASEMENT WATERPROOFING, INC., in the above-captioned matter. THO BY: HAFER, LLP T D B. VOL, ESQUIRE ttorney # 42136 ASO GIURINTANO, ESQUIRE Att ey ID# 89177 5 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7133 PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY OF CUMBERLAND COUNTY: Please enter my appearance on behalf of the Defendant, PENNSYLVANIA BASEMENT WATERPROOFING, INC., in the above-captioned matter. BY: Date: 0 _ 9 0-x- 0' C, I ?_ Respectfully submitted, CIPRIANI & WERNER, P.C. L. SEIFERTH, Attorney ID4 89073 1011 Mumma Road, Suite Lemoyne, PA 17043 (717) 975-9600 aseiferth@c-wlaw.com Counsel for Defendant/Additional Defendant, PENNSYLVANIA BASEMENT WATERPROOFING, INC. and JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS CERTIFICATE OF SERVICE That counsel for the Additional Defendant, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, hereby certifies that a true and correct copy of the foregoing PRAECIPE FOR WITHDRAW/ENTRY OF APPEARANCE has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of E61970_24R y , 2012. Kristen N. Sinisi, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff} Jason C. Giurintano, Esquire Thomas, Thomas & Hafer P.O. Box 999 Harrisburg, PA 17108 Respectfully submitted, CIPRIANI & WERNER, P.C. BY: ADAM L. SEIFERTI4, ES(AIZt Counsel for the Defendan Add zonal Defendant, PENNSYLVANIA BAS E WATERPROOFING, IN MAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PAULA R. RISSER, Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS CASE NUMBER: 11-8509 ISSUE NUMBER: {{}T xr ?i ...S z7c) ?? -n PLEADING: PRAECIPE FOR APPEARANCE CODE AND CLASSIFICATION: FILED ON BEHALF OF: Additional Defendant TO: PLAINTIFF, PAULA RISSER JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED TO PLEAD TO ADAM L. SEIFERTH, ESQUIRE THE ENCLOSED ANSWER WITH NEW MATTER TO THE JOINDER COMPLAINT WITHIN Pa. ID# 89073 TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED CIPRIANI & WERNER, P.C. AGAINST YOU. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 ADAM L. SEIFERTH, S IRE (717) 975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PAULA R. RISSER, CASE NO: 11-8509 Plaintiff V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS C_ M G7 zx T -G t G cy _ , t a? . _ f Additional Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF ADDITIONAL DEFENDANT, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, TO THE JOINDER COMPLAINT OF DEFENDANT, PENNSYLVANIA BASEMENT WATERPROOFING, INC. AND NOW, comes the Additional Defendant, James Williams d/b/a J.S. Williams and Sons (hereinafter "Williams"), by and through its counsel, Cipriani & Werner, P.C., and files this Answer with New Matter to the Joinder Complaint of Defendant, Pennsylvania Basement Waterproofing, Inc. ("PA Basement"), as follows: 1. Admitted that Plaintiff filed a Complaint on or about November 14, 2011, a true and correct copy of which is attached to the Joinder Complaint of Defendant, PA Basement. 2. Admitted that Plaintiff makes certain allegations in her Complaint regarding an underground heating fuel oil line. However, said allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 3. Admitted that Plaintiff makes certain allegations in her Complaint regarding an underground heating fuel oil line. However, said allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 4. Admitted in part and denied in part. Additional Defendant, Williams, admits that the basement waterproofing services referenced in the Complaint were performed by employees of Additional Defendant, Williams. To the extent the allegations in paragraph 4 allege that the oil line was "negligently severed," said allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 5. Admitted. 6. Admitted. 7. Denied. Additional Defendant, Williams, is advised by counsel and, therefore, avers that the allegations contained in paragraph 7 of the Joinder Complaint state conclusions of law to which no answer is required. 8. Denied. To the extent Defendant, PA Basement, has incorporated the allegations and averments contained in Plaintiff's Complaint, those allegations are generally denied pursuant to Pa.R.C.P. 1029(e). 9. Denied. Additional Defendant, Williams, is advised by counsel and therefore avers that the allegations contained in paragraph 9 of Defendant, PA Basement's, Joinder Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 9 are denied pursuant to Pa.R.C.P. 1029(e). 10. Denied. Additional Defendant, Williams, is advised by counsel and therefore avers that the allegations contained in paragraph 10 of Defendant, PA Basement's, Joinder Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 10 are denied pursuant to Pa.R.C.P. 1029(e). 11. Denied. Additional Defendant, Williams, is advised by counsel and therefore avers that the allegations contained in paragraph 11 of Defendant, PA Basement's, Joinder Complaint state conclusions of law to which no answer is required. To the extent that a further answer is required, the averments contained in paragraph 11 are denied pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Additional Defendant, James Williams d/b/a J.S. Williams and Sons, demands judgment in his favor and against Plaintiff, Paula Risser. NEW MATTER 12. Additional Defendant, Williams, incorporates its answers to paragraphs 1 through 11 above as though fully set forth herein at length. 13. Additional Defendant, Williams, by and through its employees, installed a sump pump system within the basement of Plaintiff's home on or about June 27, 2011. 14. Additional Defendant, Williams, by and through its employees, performed all of the work which is the subject of Plaintiff's Complaint. 15. Additional Defendant, Williams, was a subcontractor of Defendant, PA Basements. 16. Defendant, PA Basements, did not perform the work at issue in Plaintiff's Complaint. 17. No action or inaction of Defendant, PA Basements, was the factual or legal cause of Plaintiff's alleged injuries and damages. 18. Defendant, PA Basements, was not negligent. 19. Additional Defendant, Williams, was not negligent. 20. If a fuel oil line imbedded in the concrete slab of Plaintiff s basement was severed as a result of the alleged acts or omissions of Additional Defendant, Williams, which is specifically denied, Additional Defendant, Williams, did not have actual or constructive notice of the compromise of the oil line and/or the alleged leakage. 21. Plaintiff has failed to mitigate her damages. 22. Plaintiffs damages, if any, which are specifically denied, are limited to the lesser of the cost of remediation or the diminution in value of Plaintiff's real estate as a result of the alleged fuel oil leak. 23. Plaintiff has alleged an improper measure of damages and/or damages which are not recoverable under the facts and circumstances of this case. 24. As the fuel oil line was imbedded in the concrete floor of Plaintiff's basement, Additional Defendant, Williams, could not reasonably ascertain whether the line had, in fact, been severed, which is specifically denied. 25. If the line was compromised as a result of the actions of Additional Defendant, Williams, which is denied, the existence of the leak could not have been and was not discovered during the course of Defendant's work and, therefore, Additional Defendant, Williams, could not intentionally conceal the existence of the leaking fuel oil as alleged by Plaintiff. 26. As the actions of Additional Defendant, Williams, were not outrageous, wanton, and/or reckless, Plaintiff is not entitled to an award of punitive damages under the facts and circumstances of this case. WHEREFORE, Additional Defendant, James Williams d/b/a J.S. Williams and Sons, demands judgment in its favor and against Plaintiff, Paula Risser. Date: BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ?ADAM L. SEIFERTH, ES Attorney ID# 89073 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 aseiferth@c-wlaw.com Counsel for Defendant and Additional Defendant, PENNSYLVANIA BASEMENT WATERPROOFING, INC. and JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS VERIFICATION I hereby affirm that the following facts are correct: I, James Williams, am a Defendant in the foregoing action. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation for this lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dated: .. -/J/IIZ Ale ` ames Williams, J.S. Williams & Sons CERTIFICATE OF SERVICE That counsel for the Additional Defendant, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, hereby certifies that a true and correct copy of the foregoing ANSWER WITH NEW MATTER TO THE JOINDER COMPLAINT has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of . 52012. Kristen S. Sinisi, Esquire .Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110-1708 (Counsel for Plaintiff} BY: Respectfully submitted, CIPRIANI & WERNER, P.C. ADAM L. SEIFERTH, E QUIRE Counsel for Defendant d Additional Defendant, PENNSYLVANIA BA EM T WATERPROOFING, . and JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS D C° = MaJ =c -o - r- cn r CD-1 C.. W ANGINO & ROVNER, P.C. Richard C. Agino, Esquire Attorney ID# : 07140 Daryl E. Christopher, Esquire Attorney ID#: 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 • E-mails: rca@angino-rovner.com dchristopher@angino-rovner.com Attorneys for Plaintiff PAULA R. RISSER, V. Plaintiff PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-8509 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, TO THE JOINDER COMPLAINT OF DEFENDANT, PENNSYLVANIA BASEMENT WATERPROOFING, INC. AND NOW, comes the Plaintiff, Paula R. Risser, by and through her attorneys, Angino & Rovner, P.C., and states the following by way of Reply to New Matter filed by Additional Defendant, James Williams d/b/a J.S. Williams and Sons: 12. Denied. Plaintiff hereby incorporates by reference the paragraphs set forth in her Complaint as if stated in full herein. 13. Admitted in part, denied in part. It is admitted that on or about June 27, 2011, Plaintiff had a sump pump system installed in the basement of her home. It is denied that Plaintiff hired and/or contracted with Additional Defendant for these services. By way of further response, Plaintiff hired and contracted with Defendant Pennsylvania Basement Waterproofing, Inc. ("PA Basement") for these services. At all times relevant hereto, Defendant PA Basement represented, and Plaintiff understood, the persons performing said services to be employees, agents, and/or representatives of Defendant PA Basement. The extent to which Defendant contracted with Additional Defendant for the performance of this work is unknown to Plaintiff. 14. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the avernment that the services for which she contracted with Defendant PA Basement were actually performed by a subcontractor, Additional Defendant. By way of further response, Plaintiff hired and contracted with Defendant PA Basement for all work which is the subject of her Complaint. At all times relevant hereto, Defendant PA Basement represented, and Plaintiff understood, the persons performing said services to be employees, agents, and/or representatives of Defendant PA Basement. The extent to which Defendant contracted with Additional Defendant for the performance of this work is unknown to Plaintiff. 15. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the avernment that Additional Defendant, J.S. Williams, was a subcontractor of Defendant, PA Basement. By way of further response, Plaintiff avers that she hired and contracted with Defendant PA Basement for all work which is the subject of her Complaint. At all times relevant hereto, Defendant PA Basement represented, and Plaintiff understood, the 494242 2 persons performing said services to be employees, agents, and/or representatives of Defendant PA Basement. 16. Denied. Plaintiff believes and therefore avers that Defendant PA Basement performed the work which is the subject of her Complaint. By way of further response, Plaintiff hired and contracted with Defendant PA Basement for the performance of all services. At all times relevant hereto, Defendant PA Basement represented, and Plaintiff understood, the persons performing said services to be employees, agents, and/or representatives of Defendant PA Basement. 17. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 18. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 19. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 20. Denied. It is specifically denied that Additional Defendant did not have actual or constructive notice that it compromised the oil line and caused the leakage. By way of further response, Plaintiff avers that Defendant and/or Additional Defendant not only had actual knowledge of the severance and leakage, but intentionally poured concrete on top of said leakage in an attempt to conceal it. 21. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, Plaintiff specifically denies that she failed to mitigate her damages. 494242 3 22. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 23. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. 24. Denied. It is specifically denied that Additional Defendant could not reasonably ascertain whether the oil line had been severed. It is further denied that Additional Defendant did not have knowledge that it severed said oil line. By way of further response, Plaintiff avers that Defendant and/or Additional Defendant negligently severed the subject oil line. 25. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, it is denied that the leak could not have been and was not discovered during the course of Defendant and/or Additional Defendant's work. It is specifically denied that Defendant and/or Additional Defendant did not intentionally conceal the subject oil leak. 26. Denied. This paragraph is denied as a conclusion of law. To the extent that this paragraph is deemed to contain averments of fact, they are specifically denied. By way of further response, Plaintiff avers that the actions of Defendant and/or Additional Defendant, in concealing the subject oil leakage, were outrageous, wanton, and/or reckless. Plaintiff further avers that as such, she is entitled to an award of punitive damages under the facts and circumstances of this case. WHEREFORE, Plaintiff Paula R. Risser demands judgment in her favor and against Defendant and Additional Defendant in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs, and punitive damages, and in excess of any jurisdictional amount requiring compulsory arbitration. 494242 4 Respectfully submitted, ANGINO & ROVNER, P.C. - r, Ric d C. An' ' o, Esquire I.D. No. 07140 Kristen N. Sinisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorney for Plaintiff Date: March 13, 2012 494242 VERIFICATION I, Paula R. Risser, Plaintiff, have read the foregoing Reply to New Matter of Additional Defendant, James Williams and Sons, to the Joinder Complaint of Defendant, Pennsylvania Basement Waterproofing, Inc., and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. WITNESS: Date: 03/ / ?? a 0aw-- I J)*.au Paula R. Risser Date: - ?a - Ja CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER OF ADDITIONAL DEFENDANT, JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, TO THE JOINDER COMPLAINT OF DEFENDANT, PENNSYLVANIA BASEMENT WATERPROOFING, INC., was served by United States first-class mail, postage prepaid, upon the following: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 A494 D. Horchler Dated: March 13, 2012 1-- 7 T-E PROTHONOTARY 2012 AUG - I PM 1: 24 CUMBERLAND COUNTY PENNSYLVANIA ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Daryl E. Christopher, Esquire Attorney ID#: 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com dchristopher@angino-rovner.com Attorneys for Plaintiffs PAULA R. RISSER, V. PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 11-8509 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Paula R. Risser, Plaintiff, certifies that: (1) a Notice of Intent to Serve a Subpoena with a copy of the Subpoena attached j thereto was mailed to Adam L. Seiferth, Esquire, at least twenty days prior to the date on the Subpoena is sought to be served, (2) a copy of the Notice of Intent, including the proposed Subpoena, is attached to this certificate as Exhibit "A", (3) no objection to the Subpoena has been received, and (4) the Subpoena which will be served is identical to the Subpoena which is to the Notice of Intent to Serve a Subpoena. Respectfully submitted, ANGINO & ROVNER, P.C. d C. Angmo, Esquire.. No. 07144 4503 N. Front Stream' Harrisburg; PA., 17110 (717) 238-01 no-rovner.com for Plaintiff Date: July 31, 2012 481375 2 Exhibit A ANGINO & ROVNER, P.C. Richard C. Angino, Esquire Attorney ID# : 07140 Daryl E. Christopher, Esquire Attorney ID#: 91895 4503 North Front Street Harrisburg, PA 17110-1708 (717) 238-6791 FAX (717) 238-5610 E-mails: rca@angino-rovner.com dchristopher@angino-rovner.com Attorneys for Plaintiffs PAULA R. RISSER, V. Plaintiff PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant V. JAMES WILLIAMS d/b/a J.S. WILLIAMS AND SONS, Additional Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 11-8509 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 PLEASE TAKE NOTICE that the Plaintiff, by and through her attorneys, Agin' & Rovner, P.C., intend to serve a subpoena identical to the one that is attached to this notice. -?ou have twenty (20) days from the date listed below in which to file of record and serve upon undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Respectfully submitted, Date: July 19, 2012 ANGINO & ROVNER, P.C. Richard C.'Angirio, Esquire 1. No. 07144' eten N. Sinisi, Esquire I.D. No. 311,381 4503 N. Front Street Harrisburg, PA 17110 (717f 238-6791 rca@angino-rovner.com ksinisi@angino-rovner.com Attorney for Plaintiff 481375 2 CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a and correct copy of the foregoing Notice of Intent was served by United States first-class postage prepaid, upon the following: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Dated: July 19, 2012 f ?. Angela D. Horchler 481375 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Paula R. Risser Plaintiff versus :No. 11=8509 Pennsylvania Basement Waterproofing, Inc., Defendant : versus James Williams d/b/a J.S. Williams and Sons, Additional Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: ABC Fuel Oil Company, Inc. 25 North Lockwillow Avenue Harrisburg, PA 17112 Within twenty (20) days after service of this subpoena, you are ordered by the court to p?oduce the following documents or things: Angino, Esquire, Angino & Rovner P.C., 4503 North Front Street Harrisburia, PA 17110. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the ertificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED. AT THE REQUEST OF THE- FOLLOWINGPERSON Name: Address Telephone: Supreme Court ID #: Attorney for: Richard C. Angino, Esquire 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 07140 Plaintiff BY THE COURT: Date: 7 jSeal of the Court Prothonotary/Clerk, Civil Division Deputy CERTIFICATE OF SERVICE I, Angela D. Horchler, an employee of Angino & Rovner, P.C. hereby certify that a and correct copy of the foregoing Certificate Prerequisite was served by United States mail, postage prepaid, upon the following: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Angela . Horchler Dated: July 31, 2012 481375 E R0T1f @0TH ty 20!3OCT -3 AM I.! 29 ANGINO&ROVNER,P.C. CUMBERLAND COUNT ' Richard C.Angino,Esquire PENNSYLVANIA Attorney ID#: 07140 LVAPNIA Kristen N. Sinisi,Esquire Attorney ID#: 311381 4503 North Front Street Harrisburg,PA 17110-1708 (717)238-6791 FAX(717)238-5610 E-mails:rca @angino-rovner.com ksinisi @angino-rovner.com Attorneys for Plaintiff PAULA R. RISSER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA v NO. 11-8509 CIVIL PENNSYLVANIA BASEMENT WATERPROOFING, INC., Defendant, CIVIL ACTION - LAW v. JAMES WILLIAMS d/b/a J.S. JURY TRIAL DEMANDED WILLIAMS AND SONS, Additional Defendant PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action as settled, satisfied, and discontinued. ANGINO & ROVNER, P.C. dr - • .� �-%i Rica a • C. Angino, Esquire I.D. No. 07140 Kristen N. Siflisi, Esquire I.D. No. 311381 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 rca@angino-rovner.com Attorneys for Plaintiff Date:��ra. �'1 CERTIFICATE OF SERVICE I, Joan L. Helmuth, an employee of Angino & Rovner, P.C. hereby certify that a true and correct copy of the foregoing PRAECIPE was served by United States first-class mail, postage prepaid, upon the following: Adam L. Seiferth, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Y►'ti Dated: /v " r 3 J L. Helmuth