HomeMy WebLinkAbout13-7394 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS FROM
C'L( +YI(3aLP'/3D C&it_.&J`y DISTRICT JUSTICE JUDGMENT
JUDICIAL DISTRICT
COMMON PLEAS No. 73q 3v t' i�
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis-
trict Justice on the date and in the case mentioned below.
NAME OF APPELLANT �M D NO. OR NAME OF D.J.
j
ADDRESS OF APPELLANT CITY STATE ZIP CODE
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) Sq i 9 - �' es (DEFENDANT) , y, �
1 GS ' �1' vs. �lV A J VWf 1 m /4/6
CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT
CV YEAR 2414
- �w c
LT YEAR
This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P.
R.C.P.J.P. No. 1008B.
This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
gna ture of ro ono ary or Deput
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon 1,1k/cz R, W ker4 -V S n L, \A) 11 , appellee(s), to file a complaint in this appeal
y� Name of appelle (s)
(Common Pleas No. " 3 ��h'�
I within twenty (20) days after service of rule or suffer entry of judgment of non ros.
�4
p ia� �, -_ -- Signature of appellant or hi ttorney or agent
RULE: To 161 9, VVf�S `� ���'�"1 L ° qlf � J ppellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days
after the date of service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: _ Year j
Signature of Prothonotary or Deputy
White - Prothonotary Copy
Green - Court File Copy
Yellow Appelant's Copy
Pink Appellee Copy
Gold - D. J. Copy Proth. — 76
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1 a
� 1
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILfF_COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
❑ a copy of the Notice of Appeal, Common Pleas No. _ upon the District Justice designated therein on
(date of service) , year ❑ by personal service ❑by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name , on
, year , ❑ by personal service ❑ by (certified) (registered) mail, sender's receipt attached hereto.
❑ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to
whom the Rule was addressed on year , [ personal service ❑by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF YEAR
Signature of AfFant
Signature of official before whom affidavit was made
Title of official
My commission expires on year
�• ` �8�
;5 Ul�l pd cis • c Q/¢
C 0 0 li 91 330 £ 1 GZ
COMMONWEALTH OF PENNSYLVANIA Notice Of Judgment/Transcript CIVII
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -04 Debra B Wiest, Stephen L Wiest
MDJ Name: Honorable Paula P. Correal v
Address: 5275 East Trindle Road PA Basement Water Proofing
Suite 110
Mechanicsburg, PA 17050
Telephone: 717- 697 -2201
PA Basement Water Proofing Docket No: MJ- 09304 -CV- 0000325 -2013
3809 Paxton Street Suite D Case Filed:
Harrisburg, PA 17111 9/10/2013
Disposition Summary (cc - Cross Complaint)
Docket N Plaintiff Aefendant Disposition Disposition Date
MJ- 09304 -CV- 0000325 -2013 Stephen L Wiest PA Basement Water Proofing Judgment for Plaintiff 11/14/2013
MJ -09304 -CV- 0000325 -2013 Debra B Wiest PA Basement Water Proofing Judgment for Plaintiff 11/14/2013 .
Judgment Summary
Particioant Joint/Several Liability Individual Liability Amount
Debra B Wiest $0.00 $0.00 �, $0.00 .
PA Basement Water Proofing $4,112.50 $0.00 $4,112.50
Stephen L Wiest $0.00 $0.00 $0.00
Judgment Finding ( "Post Judgment)
In the matter of Deara B Wiest; Stephen L Wiest vs. PA Basement Water Proofing on MJ- 09304 -CV- 0000325 -2013, on 11/14/2013 the
judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability DeRosit Applied Amount
Civil Judgment $4,000.00 $0.00. $4,000.00
Filing Fees $105.50 . $0.00 $105.50
Costs $7.00 $0.00 $7.00
Grand Total: $4,112.50
ANY. PARTY.HAS.THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER:TH.E ENTRY OF JUDGMENT BY FILING A. NOTICE OF.APPEAL WITH .
THE PROTHONOTARYICLERK OF COURT OF COMMON "PLEAS, CIVIL'DIVISION.' YOU, INCLUDE A. COPY OF THIS NOTICE OF
JUDGMENTIrRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE. RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
zr
Date Magisterial District Judge -s.
certify that is is a true and correct copy of e record of e proceedings con the judgment.
Date Magisterial District Judge
.MDJS 315 Page 1 of 2 Printed: 11/14/2013 11:28:23AM
Debra B Wiest; Stephen L Wiest Docket No.: MJ- 09304 -CV- 0000325 -2013
V.
PA Basement Water Proofing
Participant List
Private(s)
Robert C. May, Esq.
May & May PC.
4330 Carlisle Pike
Camp Hill, PA 17011-4127
Plaintiff(s)
Debra B Wies
269 Woods Drive
Mechanicsburg, PA 17050
Stephen L Wiest
269 Woods Drive
Mechanicsburg, PA 17050
Defendant(s)
PA Basement Water Proofing
3809 Paxton Street Suite D
Harrisburg, PA 17111
MDJS 315 Page 2 of 2 Printed: 11/14/2013 11:28:23AM
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Keith O. Brenneman, Esquire
Attorney ID#47077
Snelbaker& Brenneman, P.C. _`j i
44 West Main Street -
Mechanicsburg, PA 17055 t !a
(717)697-8528
Attorneys for Plaintiffs
Debra B. Wiest and Stephen L. Wiest
DEBRA B. WIEST and Stephen L. : IN THE COURT OF COMMON PLEAS OF
WIEST, Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2013-7394
PA BASEMENT WATERPROOFING,:
INC., Defendant •
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or
by attorney and filing in writing with a 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 NOTICE TO A 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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013-3302
(717) 249-3166
Snelbaker& Brenneman, P.C.
LAW OFFICES
SNELBAKER 8f 1
BRENNEMAN, P.C. B.7
Attorneys for Plaintiffs
Keith O. Brenneman, Esquire
Attorney ID#47077
Snelbaker&Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055
(717)697-8528
Attorneys for Plaintiffs
Debra B. Wiest and Stephen L. Wiest
DEBRA B. WIEST and STEPHEN L. WIEST, : IN THE COURT OF COMMON PLEAS OF
Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2013-7394
PA BASEMENT WATERPROOFING, INC., :
Defendant
•
COMPLAINT
Plaintiffs Debra B. Wiest and Stephen L. Wiest, by their attorneys, Snelbaker&
Brenneman, P. C., submit this Complaint as follows:
1. Plaintiff Debra B. Wiest and Stephen L. Wiest, husband and wife, are adult
individuals residing at 269 Woods Drive, Mechanicsburg, Pennsylvania.
2. Defendant PA Basement Waterproofing, Inc. is a Pennsylvania business corporation
having an address at 3809 Paxton Street, Suite D, Harrisburg, Pennsylvania.
3. Defendant is in the business of providing basement and foundation waterproofing
services.
LAW OFFICES 4. On or about June 14, 2010 Plaintiffs signed an agreement whereby Defendant agreed
SNELBAKER&
BRENNEMAN, P.C.
to provide basement waterproofing services with respect to certain areas of the basement of
Plaintiffs' single-family residence at 269 Woods Drive, Mechanicsburg. A true and correct copy
of the agreement signed by Plaintiffs dated June 14, 2010 (the "Agreement") is attached hereto
and incorporated by reference herein as "Exhibit A."
5. The Agreement provided that it was not binding on Defendant until approved by an
officer of Defendant.
6. The Agreement was never approved by an officer of Defendant.
7. Pursuant to Section 7 of the Home Improvement Consumer Protection Act, no home
improvement contract is valid or enforceable against an owner unless it is signed by a contractor
or a salesperson on behalf of a contractor(73 P.S. § 517.7(a)(2)).
8. The Agreement was not signed by Defendant or a salesperson on behalf of Defendant.
9. Even though the Agreement was neither approved by Defendant's officer or signed
by Defendant or a salesperson on behalf of Defendant, Defendant accepted a payment from
Plaintiff prior to commencing work and in July 2010, attempted to perform the work described in
the Agreement.
10. Defendant completed its basement waterproofing work at Plaintiffs' residence in July
2010 and was paid the total sum of$4,000 by Plaintiffs.
11. After the completion of work by Defendant, Plaintiff had continued water
penetration along the rear wall of the basement of their residence particularly, but not limited to,
that area of the basement wall at the point of its connection to the basement floor, where
Defendant had attempted to install a waterproofing system.
12. Plaintiffs had contacted Defendant no less than six times concerning water
infiltration in their residence and although on each occasion Defendant purported to perform
some service in response to Plaintiffs' complaints about water entering their basement, what
LAW OFFICES service Defendant provided did not stop the infiltration of water into Plaintiffs' residence
SNELBAKER&
BRENNEMAN, P.C.
through their basement.
2
COUNT I
Breach of Implied Warranty
13. The averments of Paragraphs 1 through 12, above, are incorporated by reference
herein.
14. Defendant, as builder-vendor, impliedly warranted the work constructed and
undertaken by Defendant for Plaintiffs would be done in a reasonably workmanlike manner and
that the residence, once modified, repaired and/or completed, would be fit for habitation as a
residential dwelling.
15. Subsequent to the completion of the work by Defendant, the following defects and
deficiencies arose or were discovered and confirmed by Plaintiffs with respect to the work
performed by Defendant:
a. The waterproofing work performed by Defendant was insufficient to prevent
water infiltration through the back wall of the basement and at the location
where the basement wall connected to the floor of the basement;
b. The pipe coming through the sump pump container installed by Defendant
was improperly pitched severely in an upright position;
c. There was mud in the exposed 3-inch ADS pipes installed by Defendant;
d. There were holes in the sump pump container and mud in the sump pump
container;
e. The discharge pipe installed by Defendant was pitched back toward the house;
f. The installation of the drain system by Defendant resulting in the removal of
cement along the rear wall of the house undermined the structural stability of
LAW OFFICES
SNELBAKER& the rear basement wall; and
BRENNEMAN, P.C.
3
g. The sump pump container was installed under the existing electrical panel box
and provided for discharge from the sump pit directly in front of the electrical
panel box contrary to code requirements.
16. Due to the existence of the deficiencies and defects noted in Paragraph 15, above,
the work performed by Defendant was not performed and constructed in a reasonably
workmanlike manner and the residence, or portions of it, were not fit for habitation as a
residential dwelling.
17. By reasons of the defects and deficiencies as noted in Paragraph 15, above, Plaintiffs
were required to expend $4,000.00 in order to address and remedy the same.
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$4,000.00 together with interest and costs of this action.
COUNT II
Negligence
18. The averments of Paragraphs 1 through 17, above, of this Complaint are
incorporated by reference herein.
19. For the reasons described in Paragraph 15, above, the averments of which are
incorporated by reference herein, Defendant was negligent, careless and reckless in the matters
associated with its attempted installation of a waterproof basement system in Plaintiffs'
residence.
20. As a direct, proximate and factual result of the negligence, carelessness and
recklessness of Defendant, Plaintiffs have been caused to sustain losses, damages and expenses
for repair in the amount of$4,000.00.
LAW OFFICES WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
SNELBAKER&
BRENNEMAN, P.C.
$4,000.00 together with interest and costs of this action.
4
COUNT III
(In the alternative to Counts I and II, above)
Breach of Contract
21. The averments of Paragraphs 1 through 20, above, of this Complaint are
incorporated by reference herein.
22. If it is determined that the Agreement dated June 14, 2010 and attached to this
Complaint as Exhibit A is a valid and binding contract between the parties, Plaintiffs agreed in
the Agreement to be responsible for and liable to provide service with respect to water entering
the floor cove area of the foundation of Plaintiffs' residence.
23. Defendant was contacted at least six (6) times concerning infiltration of water into
Plaintiffs' basement at the junction of the rear basement wall and basement floor, among other
locations of water infiltration after Defendant's installation of the waterproof basement system.
24. Defendant has failed and refused to correct the matter of water infiltration in the
floor cove area of the foundation after notice by Plaintiffs of such water infiltration and having
been given at least six opportunities to correct and address such infiltration.
25. Defendant materially breached the Agreement with respect to its obligations to
service and address water entering the floor cove area of the foundation by failing to address
such conditions after being given repeated opportunities to do so.
26. As a direct and proximate result of the Defendant's breach of the Agreement as
noted above, Plaintiff has been damaged and required to expend the sum of$4,000.00 to address
the continued infiltration of water into Plaintiff's residence which Defendant either failed or
refused to address.
LAW OFFICES WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
SNELBAKER&
BRENNEMAN, P.C.
$4,000.00 together with interest and costs of this action.
5
COUNT IV
(In the alternative to Counts I and II, above)
Breach of Express Warranty
27. The averments of Paragraphs 1 through 26, above, of this Complaint are
incorporated by reference herein.
28. On or about June 14, 2010 Defendant provided a service warranty to Plaintiffs for
labor and materials related to the basement area for which Defendant provided services against
water seeping in from the lower wall cove. A copy of the service warranty is included as part of
Exhibit A to this Complaint.
29. The service warranty provided to Plaintiffs extended for the entire period during
which Plaintiffs held title to the property owned by them at 269 Woods Drive, Mechanicsburg.
30. Defendant has repeatedly breached its obligation of the service warranty on at least
six occasions by failing to address water infiltration from the floor cove area of the foundation
after having been given sufficient opportunity to do so. In spite of the service warranty provided
by Defendant by Plaintiffs, Defendant has failed to remedy the defects in its labor, materials
and/or workmanship and has thereby failed to address the continued matter of water entering the
floor cove area of the foundation.
31. As a direct and proximate result of Defendant's breach of its service warranty,
Plaintiffs have been required to spend $4,000.00 to address the issue of water infiltration in
Plaintiffs' basement, which infiltration Defendant has never properly addressed.
WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of
$4,000.00 together with interest and costs of this action.
LAW OFFICES The amounts claimed against Defendant in this action do not exceed that amount
SNELBAKER&
BRENNEMAN, P.C.
established for mandatory arbitration in Cumberland County.
6
SNELBAKER& BRENNEMAN, P. C.
By: ����`-
Keith 0. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs Debra B. Wiest and
Stephen L. Wiest
Date: January 6, 2014
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.C.
7
•
VERIFICATION
1 I verify that the statements made in the foregoing Complaint are true and correct. I
1
understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section
I
14904 relating to unsworn falsification to authorities.
die.,/ ,efk/../. ..f.,_
Debra B. Wiest
Date: January 6, 2014
1
VERIFICATION
i
� I verify that the statements made in the foregoing Complaint arc true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities,
I .
i
Stephen .. ^
Wiest
Date: January 6, 2014
1
LAW OrnCES
SNEL.BAKER&
BRENNEMAN, P-C.
� I
This Agreement uBTeement ent Pied into this day 1'f 0 —Axe'Agreement 20.4 by and between PA BASEMENT WATERPROOFING INC.,a
—, Pennsylvania Corporation of 152225�,Cedar Cliff Drive,Camp Hill,Pa 17011,Phone 800-511-6579
Names f p A.cr 4 4 A (Hereinafter referred to as"Owner")Phone Gift fv y'9
Address .Z 9
caJ cis city 11°M IC,8'147-, state ' Zip 170SC
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 nedirectional
equipment in the"AREA TO BE SERVICED"("Work"). 1d and complete Work within
2. PA Basement Waterproofing Inc.agrees to start Work within approximately days
approximately /-3 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: /�!$7/a
!,�/ of 7f7I/a
TOTAL CASH PRICE:$ 4O d• c r
AMOUNT TO BE PAID BEFORE PA BASEMENT WATERPROOFING INC.BEGINS WORK: S ..r
BALANCE DUE UPON COMPLETION: s ,.'64 ✓ 1,1/2-f
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 I S%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 DEON OF WORK TO BE PERFORMED.
Total linear feet to be serviced . ft. n`
AREA TO BE SERVICED DESCRIPTION OF WORK TO BE PERFORMED '
Rear Cove
74 ,L A l interior PA Basement Waterproofing Inc.will install
Left
Cove Cove M ' '_ Impact polymeric drain core with flow channels ve
■..ub-floor pressure relief system(3"or4"a.ds.flexible
core perforated piping)
Front Cove Heavy duty Submersible Pump system(# /JO e )
(Solid lines indicate cove area The cove area is where the wall and floor meet) t-Base Cove Plate System
E 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"
7,41 Ali,4 7'at5 • Aj5
PA BASEMENT WATERPROOFING INC.RECOMMENDS ALL FOUR 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 of PA Basement
Waterproofing Inc.
8.Access.Owner grants unrestricted access to work areas for PA Basement Waterproofing Inc.'s labor,equipment and vehicles.Owner agues to allow
areas for storage of materials.Owner agrees to keep driveways dear 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 Acres.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 of same only after notification from PA Basement Waterproofing
Inc.
10.Preexisting Conditions.PA Basement Waterproofing Inc is not responsible for the repair of preexisting structural l conditions or problems.PA
Basement Waterproofing Inc.will notify Owner if PA Basement Waterproofing Inc.discovers preexisting suuetural problems daring its Work.
Preexisting 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,sob 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
Waterproofing Inc.'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 AGREEMENT
AT THE 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•' not binding on PA Basement Waterproofing Inc.until it is approved by an officer of PA Basement Waterproofing Inc.
IN WITNESS WHE OF,intending to legally bound,the parties have hereunto`their hands and seals the day and year above written.
Inspector Owner
Approved by
PA.BASEMENT WATERPROOFING INCA �l ///
By: 0 ZIA/ A<J'^1.-"
Officer Owner
I agree to bound unconditionally to the terms and conditions in this Agreement EXHIBIT A
Terms 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 shalt 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 or 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 UMITATIONS 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 Mb THE WARRANTY,THERE ARE NO WARRANTIES,EXPRESS OR IMPLIED INCLUDING,BUT NOT
UMrIED TO,ANY IMPUED WARRANTIES MERCHANTABILTIY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPUED 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 UABLE 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 UABILITY AND RESPONSIBILITY CINDER THIS AGREEMENT IS UMITED TO THE SERVICE OF WATER ENTERING THE
FLOOR COVE AREA OF THE FOUNDATION. PA BASEMENT WATERPROOFING INC.IS NOT RESPONSIBLE FOR CONDENSATION,SWEATING,POROUS OR FILLED
BLOCK,DAMPNESS OR WATER ENTERING THE PREMISES THROUGH ABOVE SOIL LEVELS,SURFACE RUNOFF WATER,SUB—SOIL CEIUNGS, OR OTHER
ADDITIONAL AREA NOT SPECIFIED IN THIS AGREEMENT.PA BASEMENT WATERPROOFING INC.IS NOT RESPONSIBLE FOR CONSEQUENTIAL WATER OR
PROPERTY DAMAGE.PA BASEMENT WATERPROOFING INC IS ONLY RESPONSIBLE FOR THE WATER ENTERING THE FLOOR COVE AREA OF THE FOUNDATION.
PA Basement Waterproofing Inc.shall not be liable or responsible for any damage beyond the amount actually paid by Owner to PA Basement waterproofing
Inc. PA Basement waterproofing Inc.waterproofing liability Is limited to the amount paid by Owner directly to PA Basement Waterproofing Inc.for the
Work.
14.Remodeling Restrictions.Owner agrees to maintain system for one year(1)from date of installation before Owner remodels or improves the basement
or other area serviced;otherwise the Warranty hereunder shall be null and void.
15.Conditions In work Area.PA Basement Waterproofing Inc.will exercise caution during its Work and will leave'Broom Clean".Owner understands and
accepts that dust and general disruption will remain after Work is complete.
16.Service Calls.Service calls for continuing seepage problems within the scope of the Warranty will be made with no additional charge to Owner.However,
if 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
an actual seepage problem(such as leaking pipes,condensation,high humidity,sewer back-ups,and unplugged sump pump,etc.),then PA Basement
Waterproofing Inc reserves the right to charge Owner a$75.00 fee for service.
17.Owner Default.If Owner is in breach of any of the terms or conditions of this contract,including,without limitation,nonpayment or attempted
cancellation(after the 3 day cancellation period),Owner shall be in default,and Pa Basement Waterproofing inc.shall be entitled to payment of the full
agreement 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(30%)of the full cash price.
18.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
responsible 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
the Owners or,PA Basement waterproofing can bring a lawsuit against any one Owner separately(severalty).
19.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
conditions of this Agreement shall be binding and enforceable.
20.Entire Agreement.This Agreement and the attached Addenda,if any,constitutes the entire Agreement between PA Basement Waterproofing Inc.Owner
acknowledges that no promise representation of warranty,except those expressly set forth in writing,have been made by Pa Basement Waterproofing Inc.
or its agents.No modification or addition to this Agreement will be valid or binding upon PA Basement waterproofing Inc unless agreed to in writing.
21.Assignment.PA Basement Waterproofing Inc has the right to assign and/or transfer this Agreement and other instruments executed by Owner.Owner
may not assign of transfer this Agreement without written consent of PA Basement waterproofing Inc.
22.JurisdIction and Venue.This agreement shall be governed by and construed in accordance with the taws 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.
Cal*WILL,114,110/11
, 1-, ik fr44.7314210 ktINKIVISTS
PA Li
, 4X010114 I PA 01027
Date Issued: //li under Contract B �G2i'l It
ti
Charter: /)►.� L
Address: r )f„ i;
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PA.Basement Waterproofing provides this Service Warranty('Waua t()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 described below,and where a pressure relief system has been Installed(-wore).Customer recognees
1 that the Service Warranty is not valid until all monies due to PA Basement Waterproofing are paid in fulL 11
SERVICE WARRANTY
Described Areas(one or more must be checked) Length of Warranty:
II
o All four(4)waits(total perimeter)-Warranty includes total o One(1)year j
o Perimeter of floor and total middle floor area o Five(5)Years '
X 1-2-3 Walls-Warranty includes immediate floor area within y( Entire Period in which owner holds title to property. j I
y( 3 feet of wall as specified an contract_
o Brick/Terra Cotta,Stone.Vertical layer,or poured concrete Limited Warranty: - 1
Foundation,PA Basement Waterproofing shall be responsible 1
to service the seepage through the lower wan/floor system Described Equipment I
and not for seepage through walks)orwaU Mortar/joints unless 1,
fisted under other. Submersible Pump(s)warranty for free pump replacement
o Two(2)Years Ks Seven(7)Years
o Other i
Notice:Submersible pwnp equipment is powered by electrical
power and must always be plugged in toopowvwurce.
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I
BY
PA OPSIWORAWOXIMOON0406 NC, ,I
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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.
FAINAIMISTIMMISIlltANWIRANSINININKUNIMVANOWINCS3ONIMINAMINITtlft R
,
So.00
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NAME FEE I 1
ADDRESS HOLDER'S NAME(PRINT)
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CRY,STATE,ZIP HOLDER'S SIGNATURE
I
(HOME PHONE) (WORK PHONE) (CELL PHONE) DATE ,I
- I I
� { 1�, NOTARY i•
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. 1,
i( PA BASEMENT)
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SanCEPOUCT 11
II II
I L the conditions and the construction materials of the fmmdation walls and floor may,at times,require additional repair and/or
I reinforcement from the inside.In this event,it will be Owner's obligation to provide areess 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
I
and personal items in basement
i1
II.Pa.Basement is not responsible for chafing,condensation,sweating,porous or filled block or defective mortar around block,and in 1
1 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 than be at Owner's additional cost. 1
1 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 fimctioning.If the 11
'I sump pump is functioning,Owner should call Pa.Basement immediately.If Pa Basement deems it necessary,Pa Basement will
I dispatch a service representative to the Premises to determine if additional service is required.If additional service is required,Pa
i Basement will perform such services as soon as practicable under the circumstances.
V.Pa Basement warrants cement work as to proper mix and workmanship,tart does not guarantee cement against cracking,dusting,
peeling,chafing,settling,or any other conditions. i II
VL The Work,inspection,and service will be performed during normal working hours.If the problem does not arise from an area
1 coved by the Work,then Pa Basement may charge the Owner a Minimum fee of MAO plus additional fees.
1) II
VII.Pa Basement shall leave the area where the Work or service is performed in a"broom clean"condition.Nevertheless,some dust I 1
and general disruption may remain after the Work or service is completed.Owner should cover all items in the areas adjacent to where
I 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
I from entering other parts of the Premises including,turning off blowers to heater and air conditioning systems and covering doorways I
I and openings with dust proof tarps.Under no circumstances is Pa Basement responsible for the removal or cleaning of dust and
I residue or the damage resulting from any dust or residue_ I
I 1 VIII.Owner shall immediately notify Pa Basement of any breach by Pa Basement of any failure of the Work or service to conform to I I
1 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. I I
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IX.Pa Basement is not undertaking any Work on the exterior of the Premises except as expressly set forth in this Agreement i I
Therefore,the agreed upon total price in the Agreement does not include rerouting,replacement or cleaning of gutter,downspouts,
I vents,pipes,ducts,wiring conduits,or the removal or replacement of shrubbery,abutments or other obstructions.Pa Basement's only i
responsibility with regard to any exterior work would be to perform rough grading,and Pa Basement does not guarantee the survival 11
1 of grass,removed plantings,trees or shrubbery when exterior work is performed. i'
IX.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 1
Iprovided under the Agreement are deemed null and void and Pa Basement shall be relieved of any obligation to make any service I
calls.
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Date Issued: • IO Under Contract# .22a
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Silo: Date
1 Al
j Signature ate
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14 r . - n i- __
NOTICE OF RIGHT TO CANCEL
‘//:i
(Date ofTransaction)
You may cancel this transaction without any penalty or obligation,within three business Days from the above
date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within ten business days,following receipt by the seller of
your cancellation notice,and any security interest arising out ofthe transaction will be cancelled.
If you cancel,you must make available to the seller at your residence,in substantially as good condition as
when received,any goods delivered to you under this contract or sale;or you may,ifyou wish,comply with the
instructions of the seller regarding the return shipment of goods at the seller's expense and risk.
Ifyou do make the goods available to the seller and the seller does not pick them up within Twenty days ofthe
date of your cancellation,you may retain or dispose ofthe goods without any further obligation. Ifyou fail to make
the goods available to the seller,or ifyou agree to return goods to the seller and fail to do so,and then you remain
liable for performance of all obligations under this contract.
To cancel this transaction,mail or deliver a signed and dated copy of this cancellation notice or any other
written notice,or send a telegram,PABasement Waterp� •1525 Cedar Cliff Drive,Unit 101 •Camp
Hill,PA 17011 not later than midnight of /o
I/WE ACKNOWLEDGE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS
NOTICE OF RIGHT TO CANCEL. /
Z t,tl;ay
Date:
4/41A,, (Bayer)
Date: //9/0 ' 4i 1 A ts-
(> )
* * * * * * * * * * * * * * * * * * * * *
I WISH TO CANCEL
Date:
(Buyer)
Date:
(Buyer)
PA LICENSE -PA 001027
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date,
caused a true and correct copy of the foregoing Complaint to be served upon the person and in
the manner indicated below:
FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Robert C. May, Esquire
May & May, P.C.
4330 Carlisle Pike
Camp Hill, PA 17011
SNELBAKER& BRENNEMAN, P.C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717)697-8528
Attorney for Plaintiffs Debra B. Wiest and
Stephen L. Wiest
Date:
LAW OFFICES
SNELBAKER&
BRENNEMAN, P.G.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
I• ;i
o-0 F 0E
PO THONO E,''t
2014 OCT 23 PM 42.: 29
CUMBERLAND COUNTY
PENNSYLVANIA
DEBRA B. WIEST and STEPHEN L.
WIEST,
Plaintiffs
v.
PA BASEMENT WATERPROOFING,
INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.2013-7394
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above -captioned action discontinued and ended with prejudice upon
your docket and indices.
MAY & MAY, P. C.
By:
RolSert C. May, Esquire
4330 Carlisle Pike
Camp Hill, PA 17011
(717) 612-0102
Attorneys for PA Basement
Waterproofing, Inc.
Date: `e . Zy /if
SNELBAKER & BRENNEMAN, P. C.
By:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs Debra B. Wiest
and Stephen L. Wiest
Date: 0 0-44, It. a7. c / 4/