HomeMy WebLinkAbout06-0663
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
Derek D. Bahl, Esquire
Attorney I.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbahl@tthlaw.com
Attorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMP ANY
as subrogee of Jonathan S. Heller and
Martha C.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pennsylvania 16652
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. ;;{CJiX - {p(,3
PENNSYLVANIA WATER
SPECIALISTS, INC.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
: ARBITRATION 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
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. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE 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 HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166 or (800) 990-9108
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
Derek D. Bah1, Esquire
Attorney J.D. No. 87851
(717)237-7157
(717) 237-7105 - fax
dbahl@lthlaw.com
Attorney for Plaintifft
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller and
Martha C.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pemlsylvania 16652
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.
PENNSYLVANIA WATER
SPECIALISTS, INC.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
ARBITRATION DEMANDED
NOTICE TO DEFEND
USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de 1as
quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) dias a partir
de 1a fecha en que recibio 1a demanda y e1 aviso. Usted debe presentar comparencencia esrita
en persona 0 por abogado y presentar en 1a Corte por escrito sus defenses 0 sus objections alas
demandas en su contra.
Se Ie avisa que si no se defiende, e1 caso puede proceder sin usted y 1a Corte puede
decider en su contra sin mas aviso 0 notificacion por cua1quier dinero reclamado en la demanda
o por cua1quier otra queia 0 compensacion reclamados por e1 Demandante. USTED PUEDE
PERDER DINERO 0 PROPlEDADES U OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE EST A T DEMANDA A UN ABOGADO INMEDIA T AMENTE. 51 USTED NO
IlENE 0 NO CONOCE UN ABODAGO, V A Y A A LLAME A LA OFICINA EN LA
DIRECC10N ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
403152.1
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Telephone No. (717) 249-3166 or (800) 990-9108
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
Derek D. Bahl, Esquire
Attorney J.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbah1@tthlaw.com
Attorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller and
Martha C.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pennsylvania 16652
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.O(.~~~3~ ~
PENNSYLVANIA WATER
SPECIALISTS, INC.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
ARBITRATION DEMANDED
COMPLAINT
Plaintiff Mutual Benefit Insurance Company, by and through its counsel, Thomas,
Thomas & Haffer LLP, hereby demands judgment against Defendant Pennsylvania Water
Specialists, Inc., and in support thereof state as follows:
I. Plaintiff Mutual Benefit Insurance Company (hereinafter "Mutual Benefit") is a
Pennsylvania business corporation with a principal place of business at 409 Penn Street, P.O.
Box 577, Huntingdon, Pennsylvania 16652.
2. Jonathan S. Heller and Martha C.T. Heller, husband and wife, (hereinafter "the
Hellers") are adult individuals residing at 822 West Keller Street (hereinafter "the Heller home")
in Mechanicsburg, Pennsylvania 17055.
3. At all relevant times, Mutual Benefit insured the Hellers under policy number
HOO1005155.
4. Defendant Pennsylvania Water Specialists, Inc. (hereinafter "PWS") is a
Pennsylvania business corporation with a principal place of business at 312 East Walnut Street,
Lancaster, Pennsylvania 17602.
5. At all material times, PWS held itself out as a dealer, seller, installer and servicer
of RainS oft water treatment products.
6. In fact, PWS referred to itself as "Your Local RainSoft Dealer." (See Service
Receipt attached as Exhibit "A").
7. Aquion Water Treatment Products, LLC, through its RainSoft Division,
manufactures water treatment systems bearing the RainSoft name. (See RainSoft Fact Sheet
attached as Exhibit "B").
8. On the website rainsoft.com, Aquion Water Treatment Products, LLC states that
"All RainSoft-brand products are sold, installed and serviced exclusively by more than 300
authorized, independently owned dealerships throughout the United States and in 24 countries
throughout Europe, Asia, and the Middle East." (See Exhibit "B").
9. PWS was at all material times a dealer of RainS oft water treatment products.
(See Service Receipt attached as Exhibit "A").
10. On May 29,2003, the Hellers purchased a RainSoft water treatment system
(hereinafter the "water treatment system"), Unit Nos. AQC50D and RFCIOOC, from PWS. (See
Sales Receipt attached as Exhibit "C").
11. The water treatment system was installed in the Hellers' basement on June 2,
2003. (See Service Receipt attached as Exhibit "A").
2
12. On or about February 6,2004, the Hellers noticed water and mold damage to real
and personal property in their basement resulting from a leak (hereinafter "the leak") in the water
treatment system.
13. On February 6,2004, the Hellers placed a service call to PWS. (See Service
Receipt attached as Exhibit "A").
14. On February 9,2004, a PWS technician came to the Heller home in response to
the service call. (See Service Receipt attached as Exhibit "A").
15. The Service Receipt attached as Exhibit "A" indicates that the technician "arrived
and found ho[]sing to where screen is to be leaking took out the two bolts and checked a-ring
put back together and tightened up screws ran through cycle and found to be okay." (See Service
Receipt attached as Exhibit "A").
16. The Service Receipt indicates that the PWS technician arrived on February 9,
2004 at 12:23 p.m. and left at 12:43 p.m. (See Service Receipt attached as Exhibit "A").
17. Since the service performed by the PWS technician on the water treatment system
on February 9, 2004, the Heller's have not placed any further service calls to PWS regarding the
water treatment system.
18. Since the service performed by the PWS technician on the water treatment system
on February 9,2004, the water treatment system has not leaked.
19. As a result ofthe leak in the water treatment system sold, installed and serviced
by PWS, the Heller's sustained water and mold damage to their real and personal property
amounting to $15,528.58 in repair and remediation costs and other losses.
20. As a result of the water and mold damage to the Hellers real and personal
property amounting to $15,528.58 in repair and remediation costs and other losses, Mutual
3
Benefit issued a payment to the Hellers under policy number H001005155 in the amount of
$15,028.58.
21. Mutual Benefit is subrogated to the interests of its insureds, the Hellers, and now
seeks to recover the $15,028.58 paid to them.
COUNT I - STRICT LIABILITY
Plaintiffs Jonathan S. Heller and Martha C.T. Heller v.
Defendant Pennsvlvania Water Specialists. Inc.
22. Paragraphs I through 21 are hereby incorporated by reference as if fully set forth
at length.
23. PWS advertised, marketed, sold, installed and serviced RainSoft water treatment
products, including the water treatment system.
24. In fact, at all material times PWS billed itself as "Your Local Rainsoft Dealer".
25. The water treatment system was intended to be used by members of the public,
including persons such as the Hellers.
26. By virtue of the defects which existed at the time of sale by PWS and/or upon
installation by PWS, the water treatment system was unsafe for its intended use
27. The Hellers were unaware of the defective condition ofthe water treatment
system that existed at the time of sale by PWS and/or upon installation by PWS.
28. The Hellers were not warned by PWS that the water conditioning treatment might
leak, resulting in water and/or mold damage.
29. The water treatment system sold and installed in the Heller home by PWS was in
a dangerous and defective condition at the time of sale and/or upon installation and, as such,
PWS is strictly liable to Plaintiff pursuant to !}402(A) of the Restatement (Second) of Torts.
4
30. The defective condition of the water treatment system was the direct and
proximate cause of the leak and resulting and mold damage to the Hellers' real and personal
property.
WHEREFORE, Plaintiff Mutual Benefit Insurance Company demands judgment in its
favor and against Defendant Pennsylvania Water Specialists, Inc. in the amount of Fifteen
Thousand Twenty-Eight Dollars and Fifty-Eight Cents ($15,028.58), plus interest, costs and such
relief as this Court may deem appropriate.
COUNT II - NEGLIGENCE
Plaintiffs Jonathan S. Heller and Martha C.T. Heller v.
Defendant Pennsvlvania Water Specialists, Inc.
31. Paragraphs I through 30 are hereby incorporated by reference as if fully set forth
at length.
32. At all material times, PWS acted by and through its agents, servants, subagents,
subcontractors, employees and/or other representatives who are acting in the course and scope of
their agency or employment with PWS.
33. The water treatment system advertised, marketed, sold, installed and serviced by
PWS failed to function properly when it leaked and caused water and mold damage to the
Hellers' real and personal property.
34. PWS negligently sold a water treatment system which was defective and/or
negligently installed the water treatment system.
35. PWS, acting by and through its agents, servants, subagents, subcontractors,
employees, and/or other representatives, breached its duty of care and acted in a negligent,
careless and/or liability imposing minor in negligently selling and/or installing the water
treatment system.
5
36. PWS's negligence included, but is not limited to, the following:
(a) Failing to sell a water conditioning system that was fit for its intended and
ordinary use;
(b) Permitting a defective water conditioning system to be installed in the
Heller home;
(c) Improperly installing the water conditioning system in the Heller home;
(d) Failing to properly train its employees in appropriate installation and
testing techniques;
( e) Failing to take reasonable steps to ensure that the water conditioning was
safely and properly functioning following installation; and
(f) Failing to inspect, test and/or otherwise ensure that the water conditioning
system was safely and properly functioning following installation.
37. As a direct and proximate result ofPWS' negligent, careless, reckless and/or other
liability producing conduct, the Hellers sustained damage to their real and personal property and
other losses in the amount of $15,028.58, for which Plaintiff now demands judgment against
PWS.
6
WHEREFORE, Plaintiff Mutual Benefit Insurance Company demands judgment in its
favor and against Defendant Pennsylvania Water Specialists, Inc. in the amount of Fifteen
Thousand Twenty-Eight Dollars and Fifty-Eight Cents ($15,028.58), plus interest, costs, and
such other relief as this Court may deem appropriate.
Respectfully submitted,
Date: 2... { I {b ""
::o~~~~
Derek D. Bahl, Esquire
Attorney I.D. No. 87851
Attorney for Plaintiff
Mutual Benefit Insurance Company
7
If
I '
.,I.
I l,oII!t
I
I
i
I
I
i_
. ..,
".
"
i'
,
Pennsylvania Waeer 5p~ciali~,
Your Local RainSo~ Deala.
31.2 E. walnut Street
~ancaster, PA 11602
Inc.
'1
I
I
I
I
LanCllster:
Toll Free:
117-291-5599
800-321-1293
. \~~\ \ 2. 2 oiL v:
y'\ .
Maplt: 18-6-7
Date:
'lJ2/0G/0~
Phone: 717-796-1666
Name: Heller, Jonathan & Mwr'tha
Address:
822 W. Kallar St
Mechanic.burg, PA 17055-
".J'
.,,'
II. ",
,.i' b
C'>>" :~~~
.' \
\~4 0:", \.. . Ins t:alled :
leaks at comouter.Mrs bVDa66ed~-*.~avail dur
Svc Type:
Equipment: AQtS0D RFCl00C (03)
Description: check AGe.check for
Last Servic~ Oa~et
Last Service Notes:
2nd Prior svc Oatel
2nd Prior Svc Notes:
06/05/03
installed check vlv(88)
QUANTITY & PART NO.
,
J'.
DESCRIPTIO~
--~ ~lJo;Mgf--.l ~....~ ~ ;
. l ::f1rnr:, ,k~!; Z~tlc'~~~i
. f~ L L ~-,;tb. WMi . '... .
v ~r=.::::iJ ~u
_~_~~~_~. CA~j I
I ,~ ,J.;h Dk. . I
,
\
-'-
Q..,J q I(i y
O~TE COtl,PLEiEO
.~~
. T CHNICIAN
, '-, t.j:J
J TI~E OUT
, .
'.~
. TER1'\5:
NET DUE 15 DAYS
Invoioes are mailed from Our office and ara due within 15
A 2% per month service charga ....ilf b. added 'to any unpaid
days. Collection costs. if any, ara recoverable. Labor is
warran~y Tor 30 days.after original service.
days of invoice date.
balance after 30 Ii' rr'.."~':
d ./i(:/~:r"'I'
covere. unGar ':tv.,...:. _.:'
.:.L:(~'~::~ .1
06/02/03
day
....
.1
,~..d
~ .'
,.' ~
"11.. "1~
'.,
I hereby accept above p
that.aquipmant anG lace
e as being satis7ectory and ackno....ladge
d.conditioO\.
CUSTOMER SIGNATURE
\
I
EXHIBIT
~
. RainSoft : News/Press: Fact Sheet
Page 1 of2
Site Map I Dealership Opportunities I Deah
:h/nJujt.
News/Press
feel Sheel
Pn*5S
VV;Jrer Peetz
Abouf Rein Soft I Produci. I Curio..., S.rvic. .1 La""t. e DeaIQr ., Q&A I free Weter 0tJ
Both Ii Body 1 Drlnkin9 I Kitd,.. I L
Fact Sheet
Description
RainSoft is a leading brand of top-quality equipment that treats, purifies
and softens water for homes and businesses. As one of the few totally
integrated product lines in the $9.4 billion water quality industry, RainSoft
Water Treatment Systems maintains unparalleled excellence.
Since its introduction in 1953, RainSoft has maintained its quality through
research and development-the most cost-effective way available to
generate such a wide range of patented, point-oF-use water treatment
equipment. RainSoft's commercial and industrial products are designed
and manufactured at the RainSoft Division of Aquion Water Treatment
Products, LLC corporate facility in Elk Grove Village, Illinois.
Products
RainSoft serves the diverse needs of a broad spectrum of customers.
Products range from small, portable drinking-water purifiers designed for
apartment dwellers, to massive, institutional treatment systems custom-
built for food processing plants, hotels, office buildings, hospitals and
factories-even entire communities.
The RainSoft product line includes water conditioners, iron filters, whole-
house carbon filters, drinking~water purifiers, ultraviolet systems, reverse
osmosis systems and acid neutralizers, which are available with a variety
of options and in different sizes. Each product is made from the finest
materials available and is subjected to rigorous testing for unsurpassed
performance and durability. RainSoft offers lifetime warranties on the
major components of our product line.
Market
An Environmental Protection Agency survey and a Harris Poll both
determined that 84% of Americans perceive their water as polluted. But
water treatment units are found in only five million U.s. households
(Water Quality Association, Lisle, Illinois).
Recognizing that less than 6% of the domestic market has been tapped
and that concern for improved water quality is growing, the RainSoft
division views the remaining 80 million American households-not to
mention hundreds of millions of homes and businesses around the world-
as its potential market.
Major U.S. clients that use RainSoft products include: Allstate Insurance,
Boise Cascade, Dow Chemical, Exxon Company, Ford Motor Company,
Holiday Inns, Jewel Companies, Northrup Corporation, Ramada Inns,
Thomas' English Muffins, TWA and Underwriters Laboratories.
Revenues
The RainSoft Division of Aquion Water Treatment Products, LLC generates
consumer-level revenues exceeding $220 million. RainSoft ranks as the
second most-recognized brand name next to Culligan and was featured in
Crain's Chicago Business magazine as one of the top 500 privately held
companies in the Chicago area.
http://www.rainsoft.com/about/newspress.html
EXHIBIT
I
B
RainSoft : News/Press: Fact Sheet
Page 2 of2
Dealership Structure
All RainSoft-brand products are sold, installed and serviced exclusively by
more than 300 authorized, independently owned dealerships throughout
the United States and in 24 countries throughout Europe, Asia and the
Middle East.
The start-up cost for a RainSoft dealership is between $15,000 and
$50,000, depending on the dealership's location and market, a5 well as
the dealer's previous employment experiences. Since we are not a
franchise, the start-up cost covers the new RainSoft dealer's equipment,
sales and training materials, service supplies, promotional literature and
operation manuals.
Marketing
The hallmark of marketing the RainSoft brand lies in its aggressive,
multimillion-dollar national advertising campaigns, which are created and
implemented by Aquion Water Treatment Products, LLC.
Aquion Water Treatment Products, lLC is managed by veteran RainSoft
marketers and provides effective marketing support to each of the
company's dealers by dellvering the RainSoft message to millions of
Americans. This is accomplished by airing television spots on national and
cable networks, placing print ads in consumer and trade magazines, and
airing radio commercials. The company also sponsors an international
convention, national and regional conferences, numerous seminars and
distributes a monthly company newsletter.
Corporate Office
The RainSoft division of Aquion Water Treatment Products, LLC is
headquartered at 2080 East Lunt Avenue, Elk Grove Village, Illinois
60007; 847/437-9400.
@2001-2005 Aquion Water Treatment Products . Privacy Statement
http://www.rainsoft.comlabout/newspress.html
1/18/2006
I~~--'
.'." '",,\'~-..."'~F ",.-:' ,'.;.~',>~'f',I-::.. :;,~,~ '.,~'V:":.'{"
. ',;-.;:'''-'''.-:, '.~'" :.......,;..~,..,..- .-., .:::":
.72------1
. '
I
I
~'~......
. . .
".' .. . -'. .
'. -,' .'
. .
. . ~..
. . .
. .:,. ".~
, .
',.,.,
"",.," "
iiI/liTER TREATMENT EQUIPMENT
. ..I'ENNSYLVANIA WATER SPECIALISTS INC.
312 E. WALNUT ST., LANCASTER, PA 17602 . 1-800-327-:1293
291-5599
Name 3.Q!-! 1\ :t. ~\l('..J . S. :-. .l\M. 1).l\<>,. ~: T..: . . .
Address. Ii n. . W:. :~.u.-..-r... Sr~Ii..~. . . . . . . . . .
Cityt'\t(k'lWW,<il-!l(ate.. .W.,..: . Zip ..! 1~"\J...
Phone-Home. .n.li\ ~J~~.~. au..ness...... ....:.....:
Email. .~....,...",..". _,..,...,.. '. ......... .'......
. ~
1. Number ot People \n House.........................
'I c'
i ~ ::~~:1:;~::~~1; <~~:'~~n~':':':':: 'J:::: : :
I~. Times Estimated Gallons par Person Per Week x ~. . . .
3. Estimated Gallons US.d Per Week :...... = .?!'li9.GAL
4. Hardness of Waler (G';'i~sPer Gall;"') . , . .I.t . . '.' : GPG
5.T~(ron,Conte~._....,:~'.~...';~'!~~,~,'. . .
DiSsolvedCl PPM X5 GPG.... /.... ~.... ~'.:...
SuspendedClPPMBacteriaIO.",....,~.:. .,:......
6. TO~I.~~Jns OU:la~.~e~.~r~sJIoQ".: '" :1.~.:>..;':::...", .. f~
7.Total.~Sllmated.GralrisTl'8a~edr~ . '''''"
Pe,'Wiiek(L1n03 x UneS):...;... ... =i,!:!:!{)!7):."
8. Model To Oellver'. ' Grains Per Aeg~~e~tion '.
9. Number of Rsgeneratlons Per Week. , .-:-:' . . . = . : . . .". . .
I .
.:~10'-~~~~...::':>::',:~~:~~~':":':'~"::~:r:;~'::-:';':~:.~~'~'::~'~' -,4'.~:\~:",'~",<"'1' ~!L-.-...~. ','~'.~;~' -.~ ..-..-.~... ~V
1.,1.Nnret.....:.,...............;...,3.....:...',PPM. . 6TV\SSIU",\ Otvc,t
12.ChIorineYBs~NoCl.:.:..f:'..,...I:I;.............p:PM.. . .
13. HeavyM.lals.... :,i'....... ... ......... ..... ':"';" 'uNrliNO.'.,..
'4.WalerAppea""""1!Clear~lUr1lidCl . f..I:\~'<"S~j::;>....... ....$ ..~.~'t ~:p9....
OdO~S.di~iitClTanninlJ 2 . .\:.fOCO<"...........$ ................
1s.waterSourceCIty}illDrilledW.UIJWeJiO 3 ...,.......,..........$ ..............,.
OlherCl ...................................,... 4......................$ .,..............
I 16. Other.......................................... 5. . . . . . . . . . ., . . . . . . . . ..$ ................
r ' INSTALLATION. . . . . . . . . . ..$ ....7:":.........
TEAMS f\. 1\10'::' 0 fT SUBTOTAL ..............$ .3!<!~t~I.:0 .Y.. . .
. '['\-7S/MO.vn\ TAX ,...... .............$ . 'Ji6.<j~....
TOTAL .......:t.:........$ ....l!....'........
DEPOSIT ..'-K..F':...$ ..,..~~:.N:....
Ut>G>-( A9&'eO\fv:\L BALANCE ...............$ .~"CQ:Q9....
The purch...,., efl:er thorough .xamlnalktn, buys and accepts delivery 0' the aboVe-dtlcrlbed uood8, which .hldl remain a.
per'8onal property lIVen tf attached to ruJ property, and .greaa to pay the Sell8f or HaUler the said Tot" at Psymenb In
............ willi "'" ~nl .....dule 08'- h....,n. I .' \ ,( i I
Purchaser ~ i~'\~:" .:.. c; k~............
Pu~aser ~\,~.\ll1.:::. ........ ..,.........
. Mb ztt 200.3
. ': . . <c1et. of _cIIon)
. .. . .J.~
.~vou, THE BU.YER,. MAy CANCEL THIS TRANSACTION
. AT ANY nME 'PRIOR TO MIDNIGHT OFTHE THIRD BUSI.
NESS DAY AFTER THE DATE OF THIS TRANSACTION.
..-.-.....................--....,.,.......__OO:-'_,.....u,..__..
. . '2-" '0"''': . .
Total COSI of System $.;:<.1.... :1............. .........
Dal.To Ba D.livered-l~slal1ed';r.l!!'k,'a,:... ...... .......:
.,' '. ..fR......., . C';" .
ConiPanY Aepresentail!"f:, . ~~t Jo"".J.RY. ,j(<,... ..
To cancel this transaction, mail OJ deliver a signed SOd dated .
copy of this cancellation notice orany.o~r \\!ritten riotlce,
or se~d a telegram, to.: " ,.
.' ;, .-.t.:.
NOT LATER THAN MIDNIGHT OF
{,.2-Cl3
(Dote)
,
I HEREBY CANCEL THIS TRANSACTION.
(Dot.)
(Buyer'. Signature)
....,.
Map Showing OlntCtf(lns To Installation From Nearest ~n Roads
Aoe MapCoordina\ol'S.........................,.....
\
'.
:so ~V
,
PA(lC.'.
'.','"
. . '.'. -. ~: '...."...
,~' ~:~:'~ ":t~.;: '
.... ".
EXHIBIT
Thle Copy Conlaln. All Agreemenl8
I
CJ
, ~... :
AHr REFUND DUE yo CANCEUATtOM WlLL BE MADE BETWEEN 15
AND 30 DAYS FROM DA'rE OF CANCELLATION,
~ " ~ ,',
.-
,
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is
counsel for Plaintiff Mutual Benefit Insurance Company; that he has examined the
pleadings and the entire investigative file made on behalf of said parties; that he is taking
this Verification to assure compliance with the pertinent rules pertaining to timely filing
of pleadings and other documents described by said rules; and, that the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge, information,
and belief. This verification is made by counsel as the appropriate representative for
Plaintiff is outside the jurisdiction of the Court and/or his/her verification cannot be
obtained within the time allowed for filing of the pleading. The undersigned understands
that the statements herein are made subject to the penalties of 18 Pa. C.S. S4904 relating
to unsworn falsification to authorities.
2-(((0<0
Date
~ '1; CS.Lt
Derek D. Bahl, Esquire
0 t'-,,)
>~'; ,:.:-'
--tI'<: t::' '~
~ -r)
~ ~ r-rl
CJ
I
, -
--- - t, -r'
~
-;:) ~ ~
~ 0 ~ (,,)
..S) .:~j
V\ co)
~ \
~
-
----
CSJ
o
-n
.-<
i1i:u
..-
-(^lIE""
:(i'Y
( 1,'"
J~, )
_l,:-'?;
)(~~
(,~.~rn
~-J:J
-<
-
1-
Thomas E. B;renner, Esquire
Carly J. Wismer, Esquire
Goldberg Katzman, P.c.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendant PA Water Specialists, Inc.
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNSYLVANIA WATER
SPECIALISTS,INC,
Defendant
ENTRY OF APPEARANCE
Please enter the appearance of Thomas E. Brenner and Carly J. Wismer of
Goldberg Katzman, P.C, on behalf of the Defendant Pennsylvania Water Specialists,
Inc.
GOLDBERG KATZMAN, P.C
r<i-= )0
By: ~~'V..._~
Thomas E. Brenner, Esquire
Attorney ID #32085
Carly J. Wismer, Esquire
Attorney ID #92598
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorney for Defendant,
Pennsylvania Water Specialists, Inc.
Date: February 24, 2006
~
CERTIFICATE OF SERVICE
I, hereby certify that on this date, I served the foregoing document, via U. S. Mail,
postage prepaid, on the persons set forth below, namely:
Derek D. Bahl, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
GOLDBERG KATZMAN, P.c.
~
. , -
B. ( . '~
Thomas E. Brenner, Esquire
Date: February 24, 2006
131715.1
',\
1,"',:
_.1
,
(
c
,
Thomas E. Brenner, Esquire
Carll' J. \,((ismer, Esquire
Goldberg Katzman, P.c.
PO Box 1268
llarrisburg, PA 17108-1268
717-234-4161
i\ttorneys for Defendant P A Y{,'ater Specialists, 1ne.
MUTUAL BENEFIT
INSUR.ANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C. T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - L\ W
: NO. 2006-663 Civil
P lain tiff
v.
: ARBITRATION DEMANDED
PENNSl'L VANIA Wi\ TER
SPECIALISTS,INC.,
Defendant
v.
WAULD CAPITAL Pl\RTNERS,
LLC; AQUION WTER
TREATMENT PRODUCTS, LLC.
and RAINS OFT WATER
TREATMENT SYSTEMS
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 wamed 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 dle Plaintiff. You may lose money or property or odler
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR L\ \WER AT ONCE. IF
YOU DO NOT HAVE A LA\WER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas
demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al
partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas
o sus objectiones alas demandas en contra de su persona. Sea adisado que si usted
no se defiende, la sin previo aviso 0 notificacion y por cualquier quia 0 puede perder
dinero 0 sus propiedades 0 otros derechos importantes para liSted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATA!vIENTE. SI
NO TIENE ABOG1\DO 0 SI NO TIENE EL DINERO SUFICIENTE DE
PAGAR TAL SERVICIO, V,\YA EN PERSONA 0 LLAME POR TELEFONO A
LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA
A VERIGUAR DONDE SE PUEDE CONSEGUlR AS1STENCIA LEGAL.
Lawyer Referral Service
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pl\ 17013
(717) 249-3166
Thomas E. Brenner, Esquire
Carly J. Wismer, Esquire
Goldberg Kat7.man, P.c.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
.Attorneys for Defendant P.1\ \X/ater Specialists, Ine.
MUTUAL BENEFIT
INSUR.A.NCE COMPANY
as subrogee of Jonadlan S. Heller
and Martha C T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LA W
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNS\'L V ANIA WATER
SPECIALISTS,INC,
Defendant
v.
WAULD CAPITAL PARTNERS,
LLC; AQUION WTER
TREATMENT PRODUCTS, LLC
and R.A.INSOFT WATER
TREATMENT SYSTEl\IS
COMPLAINT AGAINST ADDITIONAL
DEFENDANTS AQUION WATER TREATMENT PRODUCTS. LLC. AND
RAINS OFT
AND NOW, comes Defendant Pennsylvania Water Specialists, Inc., by its
attorneys, Goldberg Katzman, P.c., who state:
1. Additional Defendant Waud Capital Partners, LLC is a business entity
with an address of 560 Oakwood Avenue, Suite 203, Lake Forest, Lake County,
Illinois, 60045.
')
Additional Defendant Aquion Water Treatment Products, LLC., is a
business entity with an address of 2080 E. Lunt Avenue, Elk Grove, Cook County,
Illinois, 60007.
3. Additional Defendant RainSoft Water Treatment Systems, is a business
entity with an address of 2080 E. Lunt Avenue, Elk Grove, Cook County, Illinois,
- -
60007.
4. The present action was initiated on Febmary 1,2006, by Complaint filed
by the Plaintiff. (See Exhibit "A")
5. In its Complaint, Plaintiff makes allegations of strict liability and
negligence based on a defective condition of a water treatment product installed by
the Defendant.
6. Additional Defendants were the manufacturer and distributor of the
defective water treatment product installed in the Plaintiffs' home.
7. Should cile Plaintiff prevail on their claims, it is averred that Additional
Defendants Waud Capital Partners, LLC., Aquion Water Treatment Products, LLC.,
and RainSoft Water Treatment Systems are liable over to Defendant Pennsylvania
Water Specialists, Inc. for indemnity or contribution on the Plaintiffs' claim.
WHEREFORE, Defendants Pennsylvania Water Specialists, Inc. requests that
Additional Defendants \'l/aud Capital Partners, LLC., :\quion Water Treatment
Products, LLC., and RainSoft Water Treatment Systems be found liable over to
Defendant Pennsylvania \'l/ater Specialists for indemnity or contribution on the
Plaintiffs' claim.
GOLDBERG KATZMAN, P.c.
/) .....R'
/ \ \\ .
I I /'
...... .. .. ' .' yl-v..------
By: ( V~ ~ It-.- L/ [;.
--+h6fTias E. Brenner, Esquire
Attorney 1.0. #32085
Carly J. Wismer, Esquire
Attorney 1.0. #92598
320 Market Street, P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant Pennsylvania \'l/ater
Specialists, Inc.
Date: March 28, 2006
VERIFICATION
I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for
Pennsylvania \'Vater Specialists, Inc.; that I have read the foregoing document; that
there are no new facts of record contained in the document; and that the facts stated
therein are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. ~4904, relating to unsworn falsification to authorities.
./--' .~': ?
( bL(0~/ov~
.~
Thomas E. Brenner, Esquire
Date: i\Iarch 28, 2006
103407.1
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Hanisburg, P A 17J 08-0999
Derek D. BaW, Esquire
Attorney J.D. No. 87851
(717) 237-7157
(717)237-7105 -fax
dbahJ@tthlaw.com
Attorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee ofJonathan S. Heller and
Martha C.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pennsylvania 16652
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNS;Y;L V~.IA;?,
c__ 0.... -4.
~.- --.-, ::r::::!l
T':;'-' g ;t3
\ -~!}...
'c..:.~' - (~g-
. - :c.~i
-n Qc-')
::r.:. ~rn
C:? ~;'l
4S
w :~
v.
CIVIL ACTION - LAW , -;
: NO. eJOCX - &to 3 "'I v,
'c:.
~:;:-'i~\
J:.--l~:
::-~
-<
-
PENNSYL V ANlA WATER
SPECIALISTS, INC.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
: ARBlTRA nON 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
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
withDut 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. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELO\^1 TO FIND OUT Vv"rIERE 'x'OU CAN GET HELP.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Telephone No. (717) 249-3166 or (800) 990-9108
~ EXHIBIT
~
~ A
~
I
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A ] 71 08-0999
Derek D. BaW, Esquire
Attorney J.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbahl@ttWaw.com
A /lorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller and
Martha e.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pemlsylvania 16652
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
"Tn
l.''lV.
PENNSYLVANIA WATER
SPEClAl..1STS, INe.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
ARBITRA nON DEMANDED
NOTICE TO DEFEND
USTED HA smo DEMAND ADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes debe tomar accion dentro de veinte (20) dias a partir
de la fecha en que redbia la demanda y el aviso. Usted debe presentar comparencenda esrita
en persona 0 por abogado y presentar en la Corte por escrito sus defenses 0 sus objections alas
demandas en su contra.
Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decider en su contra sin mas avisa 0 notificacion por cualquier dinero rec1amado en la demanda
o por cualquier otra queia 0 compensacion rec1amados por el Demandante. USTED PUEDE
PERDER DINERO 0 PROPIEDADES U OTROS DERECH05 IMPORTANTE5 PARA U5TED.
LLEVE ESTAT DEMANDA A UN ABOGADO INMEDIATAMENTE. 51 USTED NO
IlENE 0 NO CONOCE UN ABODAGO, V A Y A A LLAME A LA OF1CINA EN LA
DIRECCION E5CRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASlSTENCIA
LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, P A 17013
Telephone No. (717) 249-3166 or (800) 990-9108
403152,1
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108-0999
Derek D. Bahl, Esquire
Attomeyl.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbah1@nhJaw.com
Attorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller and
Martha c.T. Heller
409 Penn Street
P.O. Box 577
Huntingdon, Pennsylvania 16652
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CNIL ACTION - LAW
: NO.
PENNSYLVANL..... WATER
SPECIALISTS, INC.,
312 East Walnut Street,
Lancaster, Pennsylvania 17602
Defendant
: ARBITRATION DEMANDED
COIVlPLAINT
Plaintiff Mutual Benefit Insurance Company, by and through its counsel, Thomas,
Thomas & Haffer LLP, hereby demands judgment against Defendant Pennsylvania Water
Specialists, Inc., and in support thereof state as follows:
1. Plaintiff Mutual Benefit Insurance Company (hereinafter "Mutual Benefit") is a
Pennsylvania business corporation with a principal place of business at 409 Penn Street, P.O.
Box 577, Huntingdon, Pennsylvania 16652.
2. Jcnath3.t~S. Heller and ~v1artha C.T. Heller~ husband and wife, (hereinafter Hthe
Hellers") are adult individuals residing at 822 West Keller Street (hereinafter "the Heller home")
in Mechanicsburg, Pennsylvania 17055.
3. At all relevant times, Mutual Benefit insured the Hellers under policy number
HOOlO05155.
4. Defendant Pennsylvania Water Specialists, Inc. (hereinafter "PWS") is a
Perm sylvania business corporation with a principal place of business at 312 East Walnut Street,
Lancaster, Permsylvania 17602.
5. At all materia] times, PWS held itself out as a dealer, seller, installer and servicer
of RainSoft water treatment products.
6_ In fact, PWS referred to itself as "Your Local RainSoft Dealer." (See Service
Receipt attached as Exhibit "A").
7. Aquion Water Treatment Products, LLC, through its RainSoft Division,
manufactures water treatment systems bearing the RainSoft name. (See RainSoft Fact Sheet
attached as Exhibit "B").
8. On the website rainsoft.com, Aquion Water Treatment Products, LLC states that
"All RainSoft-brand products are sold, installed and serviced exclusively by more than 300
authorized, independently owned dealerships throughout the United States and in 24 countries
throughout Europe, Asia, and the Middle East." (See Exhibit "B").
9. PWS was at all material times a dealer of RainSoft water treatment products.
(See Service Receipt attached as Exhibit "A'}
10. On May 29,2003, the Hellers purchased a RainSoft water treatment system
(hereinafter the "water treatment system"), Unit 1'1os_ AQC50D and RYC 1 OOC, from PWS. (See
Sales Receipt attached as Exhibit "C").
I L The water treatment system was installed in the Hellers' basement on June 2,
2003. (See Service Receipt attached as Exhibit" A")_
2
12. On or about February 6,2004, the Hellers noticed water and mold damage to real
and personal property in their basement resulting from a leak (hereinafter "the leak") in the water
treatment system.
13. On February 6, 2004, the Hellers placed a service call to PWS. (See Service
Receipt attached as Exhibit "A").
14. On February 9, 2004, a PWS technician came to the Heller home in response to
the service call. (See Service Receipt attached as Exhibit "A").
15. The Service Receipt attached as Exhibit "A" indicates that the techPician "arrived
and found ho[)sing to where screen is to be leaking took out the two bolts and checked O-ring
put back together and tightened up screws ran through cycle and found to be okay." (See Service
Receipt attached as Exhibit" A").
16. The Service Receipt indicates that the PWS technician arrived on February 9,
2004 at 12:23 p.m. and left at 12:43 p.m. (See Service Receipt attached as Exhibit "A").
17. Since the service performed by the PWS technician on the water treatment system
on February 9, 2004, the Heller's have not placed any further service calls to PWS regarding the
water treatment system.
18. Since the service performed by the PWS technician on the water treatment system
on February 9, 2004, the water treatment system has not leaked.
19. As a result of the leak in the water treatment system sold, installed and serviced
by PWS, the Heller's sustai..Lled water and mold damage to their real and personal property
amounting to $15,528.58 in repair and remediation costs and other losses.
20. As a result of the water and mold damage to the Hellers real and personal
property amounting to $15,528.58 in repair and remediation costs and other losses, Mutual
3
Benefit issued a payment to the HeIJers under policy number HOOI005155 in the amount of
$15,028.58.
21. Mutua] Benefit is subrogated to the interests of its insureds, the Hellers, and now
seeks to recover the $] 5,028.58 paid to them.
COUNT I - STRICT LIABILITY
Plaintiffs Jonathan S. Heller and Martha C.T. Heller v.
Defendant Pennsvlvania Water Specialists. Inc.
22. Paragraphs] through 21 are hereby incorporated by reference as if fully set forth
at length.
23. PWS advertised, marketed, said, installed and serviced RainSoft water treatment
products, including the water treatment system.
24. In fact, at ail material times PWS billed itself as "Your Local Rainsoft Dealer".
25. The water treatment system was intended to be used by members of the public,
including persons such as the Hellers.
26. By virtue of the defects which existed at the time of sale by PWS and/or upon
installation by PWS, the water treatment system was unsafe for its intended use
27. The Rellers were unaware of the defective condition of the water treatment
system that existed at the time of sale by PWS and/or upon installation by PWS.
28. The Rellers were not warned by PWS that the water conditioning treatment might
leak, resulting in water and/or mold damage.
29. The water treatment system sold and installed in the Heller home by PWS was in
a dangerous and defective condition at the time of sale and/or upon installation and, as such,
PWS is strictly liable to Plaintiff pursuant to 9402(A) of the Restatement (Second) of Torts.
4
30. The defective condition of the water treatment system was the direct and
proximate cause of the leak and resulting and mold damage to the Hellers' real and personal
property.
WHEREFORE, Plaintiff Mutual Benefit Insurance Company demands judgment in its
favor and against Defendant Pennsylvania Water Specialists, Inc. in the amount of Fifteen
Thousand Twenty-Eight Dollars and Fifty-Eight Cents ($15,028.58), plus interest, costs and such
relief as this Court may deem appropriate.
COUNT II - NEGLIGENCE
Plaintiffs Jonathan S. Heller and Martha C.T. Heller v.
Defendant Pennsylvania Water Specialists, Inc.
31. Paragraphs 1 through 30 are hereby incorporated by reference as if fully set forth
at length.
32. At all material times, PWS acted by and through its agents, servants, subagents,
subcontractors, employees andJor other representatives who are acting in the course and scope of
their agency or employment with PWS.
33. The water treatment system advertised, marketed, sold, installed and serviced by
PWS failed to function properly when it leaked and caused water and mold damage to the
Hellers' real and personal property.
34. PWS negligently sold a water treatment system which was defective and/or
negligently installed the water treatment system.
35.
P\V.~ a(".t~n;::- hv ;1nd t}1Touah its ~af'_nt.::: <::f"t"y::mh:~ "'ll'n~apntc: C::lln("nntr~....rnTC:
- . -, -----0 -.I ---- - - 0-- -.- -0-----' -_. --~--, --~-o~~*~-, __~~~.................~v......,
employees, and/or other representatives, breached its duty of care and acted in a negligent,
careless and/or liability imposing minor in negligently selling andJor installing the water
treatment system.
5
36. PWS's negligence included, but is not limited to, the follmving:
(a) Failing to sell a water conditioning system that was fit for its intended and
ordinary use;
(b) Permitting a defective water conditioning system to be installed in the
Heller home;
(c) Improperly installing the water conditioning system in the Heller home;
(d) Failing to properly train its employees in appropriate installation and
testing techniques;
(e) Failing to take reasonable steps to ensure that the water conditioning was
safely and properly functioning following installation; and
(f) Failing to inspect, test andJor otherwise ensure that the water conditioning
system was safely and properly functioning following installation.
37. As a direct and proximate result ofPWS' negligent, careless, reckless and/or other
liability producing conduct, the Hellers sustained damage to their real and personal property and
other losses in the amount of $15,028.58, for which Plaintiff now demands judgment against
PWS.
6
WHEREFORE, Plaintiff Mutual Benefit lnsurance Company demands judgment in its
favor and against Defendant Pennsylvania Water Specialists, lnc. in the amount of Fifteen
Thousand Twenty-Eight Dollars and Fifty-Eight Cents ($15,028.58), plus interest, costs, and
such other relief as this Court may deem appropriate.
Respectfully submitted,
Date: L ( { (b <;"
::o~~n~~
Derek D. Bahl, Esquire
Attorney J.D. No. 8785 I
Attorney for Plaintiff
Mutual Benefit Insurance Company
7
,~
".
.,J. .
f
..
Pennsylvania ~ter Sp~ci~liscs, Inc.
Your Local RainSoft Dealer
312 E. ~nut Street
cancaster, PA 17602
Lancaster:
Toll. Free: .
717-291-5599
800-327-1293
Date;
'ZJ2/06{0,
?hons, 717-796-1666
Name: HeLler, Jonathan & Martha
Address:
aZ2 W. Keller 510
l'1"chanico6burg. PA 17055-
,...'\,.,....
:-'\\"
"'~ \_.
\ ,'.
h~ < '{~~
tl" l\.'A,
..'
\ "
'f ..~. .....
1 eaks at comput-~r. Mrs
, .<,:\ '. \
. .(, \..
1--'\\\
~ap#' 18--6-7 .
2-2 oiL V
Equipm~nt: AQC500 RFC100C (03)
Des.crip~ion: check AOC.,check for
Ins t:alli:d :
cvoa5sed~*."avail dur
SVc Type:
05/02/03
day
>.J
~-#.1.
~~....
:'l'....~.h..t
~$\:_~~i,(j
"-"""'~..
. .
-, ~)
Last Servi~e DaLe:
Last S9rvice Notes:
2nd Frio, SVc Oa~e: 0oi0?{03'
2nd Prior Svc NOLes: installed check vlv(BB)
QUANTITY & PARi NO. I.. OESCRIPTJO~
I ~tl(),.rMP !~I{l !1Q,-(~1~ .If;.
.1 ~ t.~n~ ./~ .,/; ~~tl'~'
j fY..J....JL ~ ..{;.sf/;, b-J('L-------"-'u-~
f@4tJvAlO;sJir. (,vi,;.J}qiUJA ~Q.{:;~
j ~'. ~,~. ~.<<.c.~l \
I P /;h ok' . I
.\
J r.
~ qlri V
DlITE CGI';PLETEll
,{J~
. TECHNICIAN
~}~)~lj
tIME:' IN'
i_, c.fj
J TI~E OUT
. Tf.Rl'\S:
NET DUE 15 DAYS
InvolceG ari mailed from our office and are due '..lithin 1'5 days of Invoice data ~
A 2% per month -service chBt"ge wilt" be added '[.0 any :.mpaid ca13i1c<.; gftei 30
9ays. Collect~cn C05~S, if any, ~re recoverable. Labor ts covered unctar
warrant.y for 30 days .lIfter original service.
~i~:i0
....'. t-'
I nereby accept above p
that equipment ~nG laca
and ack'nol.Jl.ctga
.CUSTomER SIGNATURE
~
\ v
EXHIBIT
\
b
:D
~
.
A
'RainSoft : News/Press : Fact Sheet
Page] of2
Site Map I Dealership Opportunities I Dealt
,~7@iIlGJVft
News/Press
tGC} She-M
F'tes5 R:ele':J:~es
K~tu!ti;
AbouHtal>iSoft ~Produds 1 Cu:sltomet Servke ~ Locate b Doed'er 1 au 1 free Wcl~r Qu
_~m,~
Fact Sheet
Description
RainSoft is a leading brand of top-quality equipment that treats, purifies
and softens water for homes and businesses. As one of the few totally
integrated product lines in the $9.4 billion water quality industry, RainSoft
Water Treatment Systems maintains unparalleled excellence.
SInce its introduction in 1953, RainSoft has maintained "Its quality through
research and development-the most cost-effective way availa hie to
generate such a wide range of patented, point-ot-use water treatment
equipment. RainSoft's commercial and industrial products are designed
and manufactured at the RainSoft Division of Aquion Water Treatment
Products, LLC corporate facillty in Elk Grove Village, Illinois.
Products
RainSoft serves the diverse needs of a broad spectrum of customers.
Products range from small, portable drinking-water purifiers designed for
apartment dwellers, to massive, institutional treatment systems custom-
built for food processing plants, hotels, office buildings, hospitals and
factorIes-even entire communities.
The RainSoft product line includes water conditioners, iron filters, whole-
house carbon filters, drinking-water purifiers, ultraviolet systems, reverse
osmosis systems and add neutraHz.ers, which are available with a variety
of options and in different sizes. Each product is made from the finest
materials available and is subjected to rigorous testing for unsurpassed
performance and durability. RainSoft offers lifetime warranties on the
major components of our product line.
Market
An Environmental Protection Agency survey and a \-Iarris Poll both
determined that 84% of Americans perceive their water as polluted. But
water treatment units are found in only five million U.S. households
(Water Quality Association, Usle, IJIinoi~).
Recognizing that less than 6%. of the domestic market has been tapped
and that concern for improved water quality is growing, the Rain50ft
division views the remaining BO million American households-not to
mention hundreds of millions of homes and businesses around the world-
as its potential market.
Major U.S. clients that use RainSoft products include: Allstate Il15uronce.,
Boise Ca5=cade, Dow Che!'T!!ca!, EY-):on Compa::-:y, Ford Motor Compar;y,
Hoiiday Inns, Jewel Companies, Northrup Corporation, Ramada Inns,
Thomas' English MufflOS, TWA and Underwriters Laboratories.
Revenues
The RainSoh Division of Aquion Water Treatment Products, LLC generates
consumer-level revenues exceeding $220 million. RainSoft ranks as the
second most-recognized brand name next to CuJligan and was featured in
Crain's Ch;cago Business magazine as one of the top 500 privately held
companies in the Chicago area.
EXHIBIT
.
.
;;
D
.
~
"
. RainSoft : News/Press
Fact Sheet
Page 2 of2
Dealership Structure
All RajnSoft~brand products are sold, installed and serviced exclusively by
more than 300 authorized, independently owned dealerships throughout
the United States and in 24 countries throughout EuropE, Asia and the
Middle East,
The start-up cost for a RainSoft dealership is between $15,000 and
$50,000, depending on the dealership's location and market, as well as
the dealer's previous employment experiences. Since we are not a
franchise, the start-up cost covers the flew RainSoft dealer's equipment,
sales and training materials, sentjee supplies, promotional literature and
operation manuals.
Marketing
The hallmark of marketing the RainSoft brand lies "In its aggressive,
multimillion-dollar national advertising campaigns, which are created and
implemented by Aquion Water Treatment Products, llC.
Aquion Water Treatment Products, LLC is managed by veteran RalnSaft
marketers and provides effective marketing support to each of the
company's dealers by delivering the Rain$oft message to millions of
Americans, This is accomplished by airing television spots on national and
cable networks, plating print ads in consumer and trade magaz.ines, and
airing radio commercials. The company also sponsors an international
convention, national and regional conferences, numerous seminars and
distributes a m.onthly comp~ny newsletter.
Corporate Office
The RainSoft division of Aquion Water Treatment Products, LLC is
headquartered at 2080 East Lunt Avenue, Elk Grove Village, Illinois
60007; 847/437.9400.
@2QOl-200S Aquion Water Treatment Products . privacy Statement
, ,
",'--,
.., - ....._-. .,' ). ,." ,-, " ,.;-- :.:-;- -'," '.::..' ~.;~~. .
~....~.........,.:
'. ',' .'
: . ":. ~;;F.',,~"
, tr<-~
312 E. WALNUT ST., LANCASTER, PA 17602
291.5599
" :-._.' ',;-- 'k- ..,
)2
..", .-
.'WATERTREATMENT EQUIPMENT
.F>ENNSYLVAN1A WATER SPECIALISTS INC.
. 1-80G-a27-1293
.. '. .
Nome JEt-! ~~. \\11'00.. S. c..1\M n-I.I'I. <-,1..:...
Address.o. ?'"i...\():. :~.\.I..,.';o---e.. Sr~.I;..",..........
. M CF"... "l',(' w'- .. .VI' . . Zi 110-' <:
c,ty\\u......,.>v.. .,""lalo...."..... p .............
Phon~~Ho:me'. .71.4:; :".l.~~-.<(. Bu.siness.....-. .'.. ~ .'. _ .".~.
Eme.il.:............,..................... ...... .~......
1. Number of People in Hou'se . .. ......... ..' }........
. . 'I
a. Automatic WClsher {1/2 person} . . . . . . . _ . . ~ . :.. . . .
. . ..' .. '(
~ b. AU!o_m;~;:I~I.S.h.~:~~~.~~ ~~/.~ ~~~~~,~:: ::: ~~t.:~: :'.~: :" .
Ik. Times Estimated Gallons Per Person Per Week x. ;59P. . . .
3. Estimated Gallons Used Per Week :...... = .(.0.99. GAL
4.H~nessofWat~(~~~~f,e~Ga".?n) '.:: .\.t. .... :~P9.
5. Tot3Jlron.Cantent ......... :., .'; ;:~.~:.;.
OlSsolvedOPPM X'S GPG ...: .;;;.......,;..... :.:). >...
SuspendedOPPM Bacterialld. ._......::-.:. ..~~....
6. TD~I Grains of HE!rd~ess.Per GaJlc~ '. :...... :t."h...:' :-.....
. . '. ,--. . '. ..',' .'. . .'-. :. . '.. . '.~..' .
7, Total Estimated.GrainsTreated;_. '.J"".:.;",:.".: . ~:: ":.._'~:;::- . ".
Po(w,ok(Une3X U~~6).:..'<:,..... = i.'{~'!"G! :."
B. Model To Deliver'. Grams P~r P,aga~,e~tcT,l .
9. Number 01 Regenerations Per Week. . .:-:- . . .. = ~ : . . .'. . .
"
10"~~-;~;anre..:::~:: :~'.~~~ :~: ~~::7:~;~':;: ~~.:~~j~,,~:~~ ,~. ~.~~\~~-. '~.' .,~.,
11. Nitrates. ..:.c... .:....... ....;....,3........, PPM.
12. Chlorine Vesj>>'No a:'~.~.;.;'':'''''' = :-........ .... ..... P,PM.
13. Heavy Melals .... ..y;;:-..,........,........... .-;.:.
14. Water Appearan9~~bear I;a rurbidQ
OdOr}) Sedi~ehi 0 Tannin Q . . .
15. Water Source City fJ Qrilled ~ell 0 Well 0
OtherO ...........,....,......................
LiNI1NO. ." . .
1.-I">~.l.s~~..........$ . .~~':t. '1:.o~...,
2 .. l(=CICJx.,... .. . ......$ ............ .. ..
3 ......................$ ................
4 ......................$ ................
5 ......................$ ................
INSTALLATION..... . . . . . . .$ ............ . . ..
SUBTOTAL ..............$ .3\/\.[1.:0. ,). .. .
TAX ....................$ .~i~-;.~~....
TOTAL ........-!.:........$ . ....v..........
DEPOSIT.. (I!.... 3.2. 7: . . .$ '" ..~~:.N .. ..
UPCI-{ A0.?eO\!V'\L BALANCE ...............$.5.'iCCU19....
The Pun:haaer, litter thQrough e:!.!!mln!!~c!l, ho..l!y: :nd =::cai"~ delh-Ci.f u: lh6 6beVi-/:lalcrlbed goods, which shQ] remain as
person!!1 pmperty e....!!~ If e!t#:h:d t) m:! il';'O~;t-if s."1d agiiJH to pay lh" Seiler or Helder U1e said Total of PllymentB In
accordanca wIth the p....8:!m:rnt B~e~uI8 set forth hereon. ! .' \ ,! i i
16. Other ........,....,..............,. ... .........
TERMS
n '
Kl\'v~ O~T
. 'i't-78IMOrV1~
..__.......................................,.....,n"'".......,..,.........~cr.....'"...""'"...,I.
. . '3"''20.'''-/' ..
Total Cost or System $.. ;.-,1.... .-.t. .............. .:-......
'0 ..;. B 0 ,. d-" :Ia'" d'JU Uf;' 'Z. . .;.,
ate'.rD e Blvere ns 6 .....~......,.~.'....,~,...
C . c' R" . Ia'W' :.fR.~~p..i\."."v <:':". '.
l?mp~y epresen . ~ .:-...~.:.: ...~~,."........ ~......
To cancel this transaction, mail or deliver a signed al)d dated
copy of this cancellation nolice or any -o'her written notice,
or se~.d a telegram, 10': . , :'-..:.:. .: . ;.:.'''.
..~'. '.
NOTLATER'rnAH MlDH1GHT OF
~r 2-0::'
(Oate)
I HEREBY CANCEL TH'S TRAHSACTlOH.
(Dale)
(B'uyer's Signature)
Map Showing DireCtions To Installation From Nearest ~aln Roads
ADC Map Coordinators .....,... .,.. ....... .,.........
."
\
"
Pf.lC lC- . .
~. .,...,
:' <<OpJ
..r:;. .,;~......~:~:.~:.;:
';-
,
::....~\;.r',t.::: .
..,,>........ ~ .
- \ ':....~; .,.'
.-- ~._,,_.;-.... ':t:
011:\ SS/ U""
Ol-ll-l
EXHIBIT
This Copy Contains All Agreements
"'.'
. ANY REFUND QUE 10 CANCElLATION WlU. BE MADE BETWEEN fS
. ANt) 3D DAYS FROM DA~ OF CANcaLATION.
L,;
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is
counsel for Plaintiff Mutual Benefit Insurance Company; that he has examined the
pleadings and the entire investigative file made on behalf of said parties; that he is taking
this Verification to assure compliance with the pertinent rules pertaining to timely filing
of pleadings and other documents described by said rules; and, that the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge, information,
and belief. This verification is made by counsel as the appropriate representative for
Plaintiff is outside the jurisdiction of the Court and/or his/her verification cannot be
obtained within the time allowed for filing of the pleading. The undersigned understands
that the statements herein are made subject to the penalties of 18 Pa. c.s. 94904 relating
to unsworn falsification to authorities.
:2--(~(6Co
Date
~ Q\{ (~nO
'--~~ Q -/ ~
DerekD. Bahl, Esquire
. '.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I am this day servmg a copy of the foregoing
document upon the persons(s) and in the manner indicated below, which servlCe
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing
a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class
postage, prepaid, as follows:
Derek D. Bahl, Esquire
Thomas, Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, PA 17108
~Ql::DBERG\ I~!\TZMAN, P.c.
/ . I \ OJ)
( (! )/1
By: '~~'- !"')L::d--'-__--...../
Thomas E. Brenner, Esquire
Date: March 28, 2006
r)
\.~~)
j._)
(..".
n
-'On
"
.
Thomas E. Brenner, Esquire
Carly J. Wismer, Esquire
Goldberg Karzman, P.C.
PO Box 11('R
Ilarrisburg, 1'/\ 1710R-11('R
717-134-4161
..c\ttorneys for Defendant P A \'\i'ater Specialists, Inc.
J\IUTUAL BENEFIT
INSURANCE COMP"\NY
as subrogee of Jonathan S, Heller
and Martha C T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYL VANL\
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNS\'LV1\NIA WATER
SPECIALISTS, INC.,
Defcndant
v.
W"\ULD C\PITAL Pi\RTNERS,
] LC; AQUION W,\TER
TREATMENT PRODUCTS, LLC.
and RAINS OFT WATER
TREATMENT SYSTEMS
AFFIDAVIT OF SERVICE
Attached hereto as Exhibit "A" is the certified mail receipt reflecting service of
the Joinder Complaint which was served upon Wauld Capital Partners, LLC, counsel
for Plaintiffs, on April 10, 2006.
~
Bv:
,
Date: April 13, 2006
COLDBERG ICATZMAJ\:, P.c:.
((~~
Thomas E. Brenner, Esquire
Attorney I.D. #32085
320 ,\1arket Street, P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant Pennsylvania Water
Specialists, Inc.
-,
SENDER COMPLE TL I f-ll~ SL C nor.
. Complete items 1, 2, snd 3. Also complete
item 4 If Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
A Signature
B. eceIvad by(Prln~f'I"""')
KF~
D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
x.
Wauld Capital Partners, LLC
560 Oakwood Avenue, Suite 203
Lake Forest, IL 60045
3. Service Type
ID Certified Moll Cl Express Mail
Cl Reglslellld Cl Return Receipt for Merchandl..
Cllnsullld Moll Cl C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Ves
2. Article Number
(rnmsfor from service label)
PS Form 3811, February 2004
7004 0750 0002 3296 4272
00mestIc Return Receipt 10259&02-M-1540
EXHIBIT "A"
CERTIFICATE OF SERVICE
I HEREBY CERTlfiY that I am this day servmg a copy of the foregoing
document upon the persons(s) and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing
a copy of same in thc United States mail, at Harrisburg, Pcnnsylvania, with [Irst class
postage, prepaid, as follows:
Derek D. Bahl, Esquire
'l1lOmas, Thomas & l'lafer, LLP
P.O. Box 999
Harrisburg, PA 17108
9(}bB}3I\RG KATZMAN, P.c.
0/~/~
By:
Thomas E. Brenner, Esquire
Date: April 13, 2006
" .
Thomas E. Brenner, ES(luirc
Carly J. \X'islner, Esquire
Goldberg Katzman, P.c.
PO Box 126R
Harnsburg, PA 171IJR-126R
717-234-4161
i\ttorneys for Defendant PA \Vater Specialists, Inc.
MUTUAL BENEFIT
11\:SCRANCE COivIP,\NY
as subrogee of Jonathan S. Heller
and !vIartha C. T. Heller,
: IN TilE COURT OF COiVEvION PLEAS
: CUMBERLA1\:D CO., PEN~SYLVA~IA
: Cl V lL ACTIO1\: - LAW
: 1\:0. 2006-663 Civil
Plaintiff
v.
: "\RBITRATION DE1\L\NDED
PEN1\:SYLV,\NL\ WATER
SPECIALISTS,INC,
Defendant
v.
WAULD C\PITAL PARTNERS,
LLC; A()urO~ WATER
, -
TREAT.\IENT PRODUCTS, LLC
and IU\INSOFT WATER
TREATMENT SYSTEMS
AFFIDAVIT OF SERVICE
Attached hereto as Exhibit "A" is the certified mail receipt reflecting service of
the Joinder Complaint which was served upon RainSoft Water Treatment Systems
on April 7, 2006.
9
By:
Date: April 17, 2006
COLDBERC I,,""HZ!vL\N, r.c.
(I~~~
Thomas E. Brenner, Esquire
Attorney I.D. #32085
320 Market Street, P. O. Box 1268
Harrisburg, pj\ 17108-1268
(717) 234-4161
,\ ttorncys for Dcfcndant Pcnnsylvania Watcr
Specialists, Inc,
~
SENDER' COMPLETE THIS SECTION
. .
. . .
. Complete ~ems 1. 2, and 3. Also complete
Item 4 If Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Allach this card to the back of the mallplece.
or on the front ff space permits.
1. ArlIcIe Addrassed to:
RainSoft WatpT Tratment Systems
2080 East Lunt Avenue
Elk Grove, IL 60007
3. Service Type
lD Certlflod Mall D Express Mall
D Reglslenld D Retum Receipt for Merchandise
D Insured Mall D C.O.O.
4. R_clod Delivery? (Extra Fee) D Vas
2. ArtIcle Number
(lh/tIsN1tom _label.
PS Form 3811, February 2004
7004 0750 0002 3296 4760
Domestic Return Receipt
102595-02-M-1540
EXHIBIT "A"
.
~
CERTIFICATE OF SERVICE
I HEREBY CERTIF'{ that I am this dav servmg a copy of the foregoing
document upon the persons(s) and in the manner indicated below, which servlCe
satisfIes the requiremems of the Pennsylvania Rules of Civil Procedure, by depositing
a copy of same in the United States mail, at Harrisburg, Pcnnsylvania, with first class
postage, prepaid, as follows:
Derek D. Bahl, Esquire
Thomas, Thomas & Hafcr, LLP
P.O. Box 999
Harrisburg, p"\ 17108-0999
~ERG KATZMAN, P.c.
~.!tw,~~
By:
Thomas E. Brenner, Esquire
Date: April 17, 2006
Thomas E. Brenner, Esquire
Carly J. \,\'is1l1er. Esquire
Goldberg Katzman, P.C.
PO Box 12('R
I hrrisburg, PA 171OR-12('R
717-234-41(,1
.Anomeys for Defendant PA \X'ater Specialists, lne.
MUTU AL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S, Heller
and Martha C. T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - L\ W
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNS\'LVANIA WATER
SPECIALISTS,INC.,
Defendant
v.
WAULD CAPITAL PARTNERS,
LLC; AQUION Wr\TER
TREATMENT PRODUCTS, LLC.
and ~\INSOFT WATER
TREATMENT SYSTE;\IS
AFFIDAVIT OF SERVICE
Attached hereto as Exhibit "A" is the certified mail receipt reflecting service of
the Joinder Complaint which was served upon Aquion \V'ater Treatment Products
on April 7, 2006.
By:
Date: April 17, 2006
GOLDBERG I<ATZMAi\;, P.c.
cL\l~LL [i~.
Thomas E. Brenner, Esquire
Attorney J.D. #32085
320 Market Street, P. O. Box 1268
Harrisburg, FA 17108-1268
(717) 234-4161
Attornevs for Dcfendant Pennsylvania \'Vater
. .
Specialists, Ine.
SENDER COMPLETE THIS SECTION
. .
. . .
. Complete ~ems 1, 2, and 3. Also complete
~em 4 if Restricted Delivery Is desired.
. PrInt your name and address on the reverse
so that we can retum the card to you.
. Attach this card to the back of the mail piece,
or on the front If space permits.
1. ArtIcle Addressed to:
D. Is delivery address different from item 11 Yes
If YES, enter delivery address below: 0 No
Aquion Water Treatment Products
2080 East Lunt Avenue
Elk Grove, IL 60007
3. service Type
~ CertIfIed Mall [J Express Mall
o Registered 0 Return Receipt for Merchandise
[J Insured Mall [J C.O.D.
.. Rastncted Delivery? (Extra Fee) [J Vas
2. ArtIcle Number
(TIonsfer from -1fIbeI)
PS Fonn 3811, FebNSry 2004
7004 0750 0002 3296 4777
Oomestic Return Receipt
1~-~1540
EXHIBIT "A"
.
CERTIFICATE OF SERVICE
I HEREBY CERTIl'Y that I am this day serv111g a copy of the foregoing
document upon the persons(s) and in the manner indicated below, which se1V1ce
satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing
a copy of same in the United States mail, at Harrisburg, Pennsylvania, with first class
postage, prepaid, as follows:
Derek D. Bahl, Esquire
Thomas, Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, PJ\ 17108-0999
(;:EL'N PC
By:
Thomas E. Brenner, Esquire
Date: April 17, 2006
.
Thomas E. Brenner, Esquire
Goldberg Katzman, P.e.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendant P A Water Specialists, Inc.
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C. T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNSYLVANIA WATER
SPECIALISTS,INC.,
Defendant
v.
WAULD CAPITAL PARTNERS,
LLC; AQUION WATER
TREATMENT PRODUCTS, LLC.
and RAJNSOFT WATER
TREATMENT SYSTEMS
NOTICE TO PLEAD
TO: Mutual Benefit Insurance Company
c/o Derek D. Bahl, Esquire
Thomas, Thomas & Hafer
PO Box 999
Harrisburg, PA 17108-0999
YOU ARE REQUIRED to plead to the within New Matter within 20 days of
service hereof or a default judgment may be entered against you.
GOLDBERG KATZMAN, P.e.
B~~~~
, omas E. Brenner, Esquire
Attorney ID # 32085
P.O. Box 1268
Harrisburg, P A 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
Date: May 3, 2006
Thomas E. Brenner, Esquire
Goldberg Katzman, P.c.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendant P A Water Specialists, Inc.
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C. T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
Plaintiff
v.
: ARBITRATION DEMANDED
PENNSYLVANIA WATER
SPECIALISTS,INC.,
Defendant
v.
WAULD CAPITAL PARTNERS,
LLC; AQUION WATER
TREATMENT PRODUCTS, LLC.
and RAINSOFT WATER
TREATMENT SYSTEMS
ANSWER WITH NEW MATTER OF DEFENDANT, PENNSYLVANIA
WATER SPECIALISTS, INC. TO PLAINTIFF'S COMPLAINT
And now, comes Pennsylvania Water Specialists by their attorneys Goldberg
Katzman, P.c., who state:
1. Admitted
2. Admitted.
3. Admitted
4. Admitted.
5. Admitted
6. Admitted.
7. Admitted.
8. This information is set forth in exhibit B. Defendant PWS did not prepare
the document and is not aware of its accuracy.
9. Admitted.
10. Admitted.
11. Admitted.
12. This paragraph is denied pursuant to Pa.R.C.P. 1029(e).
13. Admitted.
14. Admitted.
15. Admitted.
16. Admitted.
17. Admitted.
18. Admitted.
19. Denied. This paragraph is not pursuant to Pa.R.C.P. 1029(e).
20. Denied. This paragraph is not pursuant to Pa.R.C.P. 1029(e).
21. Denied. This paragraph is not pursuant to Pa.R.C.P. 1029(e).
2
COUNT I
STRICT LIABILITY
22. The answers to paragraphs 1 through 21 are incorporated herein by
reference.
23. Admitted.
24. Admitted.
25. Admitted.
26. Denied. The paragraph states a legal conclusion to which no response is
required. Moreover, at the time of installation, PWS was unaware of any manufacturing
defect in the water system.
27. Denied. This paragraph is denied pursuant to Pa.R.C.P. 1029(e).
28. Admitted.
29. Denied. The paragraph states a legal conclusion to which no response is
necessary. PWS discovered a manufacturing defect in the water treatment system at the
time of the service call in February 2004. PWS did not manufacture the unit and the
ultimate liability for a manufacturing defect would rest with the manufacturer.
30. Denied. The paragraph states a legal conclusion to whicn no response is
necessary. A manufacturing defect gave rise to the leak. As to the claimed damages, this
portion of the paragraph is denied pursuant to Pa.R.C.P. 1029(e).
WHEREFORE, the Defendant, Pennsylvania Water Specialists, Inc. requests that
Count I of the Plaintiffs Complaint be dismissed, with prejudice.
3
COUNT II
31. The answers to paragraphs 1 through 30 are incorporated herein by
reference.
32. Admitted.
33. Denied in part. It is admitted a leak was found anslng from a
manufacturing defect. As to the claims of water and mold damage, these averments are
denied pursuant to Pa.R.C.P. 1029 (e).
34. Denied. This paragraph states legal conslusioin to which no response is
necessary. Defendant PWS was unaware of the manufacturing defect at the time of the
sale of the water treatment system.
35. Denied. The paragraph states a legal conclusion to which no response is
necessary.
36. Denied. It is specifically denied that Defendant, PWS was negligent. The
remainder of the paragraph is denied pursuant to Pa.R.C.P. 1029(e). Specifically, PWS
was unaware of an existing defect in the water conditioning system at the time of the
installation. Installation of the water system was performed properly and the unit was
tested and functioning properly at the time of installation.
37. Denied. It is denied that Defendant PWS was negligent, careless, or
reckless in the installation of the water treatment system. The remainder of the
paragraph denied pursuant to Pa.R.C.P. 1029(e).
4
WHEREFORE, Defendant, Pennsylvania Water Specialist Company, Inc.
requests that Count II of the Plaintiff's Complaint be dismissed, with prejudice
NEW MATTER
38. The manufacturer of the water conditioning system is responsible for the
manufacturing defect.
39. Plaintiff's have failed to join indespensible party to this litigation.
40. A party not named in this litigation is responsible the damages arising from
the leak.
41. Plaintiff's failed to mitigate their losses arising from the water leak.
42. Pre-existing mold and water damage existed in the area where the water
treatment system was installed and is not an appropriate item of damage in this litigation.
43. Plaintiff exhibited comparative negligence in failing to properly monitor
and maintain the water treatment system in failing to discover a leak for over eight
months after the time of installation.
WHEREFORE, Defendant, Pennsylvania Water Specialists,Inc. requests the
Plaintiff's Complaint be dismissed, with prejudice.
GOLDBERG KATZMAN, P.e.
Date: May 3, 2006
~..J&~
Thomas E. Brenner, Esquire
Attorney ID #32085
Carly J. Wismer, Esquire
Attorney ID #92598
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorney for Defendant,
Pennsylvania Water Specialists, Inc.
. .
VERIFICATION
I,
e gee--r Pl+ I W-l.e;
, hereby acknowledge that I am an
authorized representative of Pennsylvania Water Specialists, Inc., that I have read the
foregoing document and that the facts stated therein are true and correct to the best of
my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
PENNSYLVANIA WATER SPECIALISTS,
INC.
\
By:
Date:
132804.1
. .......
CERTIFICATE OF SERVICE
I, hereby certify that on this date, I served the foregoing document, via U. S. Mail,
postage prepaid, on the persons set forth below, namely:
Derek D. Bahl, Esquire
Thomas, Thomas & Hafer, LLP
P.O. Box 999
Harrisburg, P A 17108-0999
GOLDBERG KATZMAN, P.e.
/T
BY:( .~~~
Thomas E. Brenner, Esquire
Date: May 3, 2006
132707.1
.'
"'-,
0
-. . -"
--I
:c
:-11
.t:;-
-r
"
f'j
L.) ;:;:J
-~ -<
,
SHERIFF'S RETURN - OUT OF COUN~Y
CASE NO: 2006-00663 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MUTUAL BENEFIT INSURANCE CO
VS
PENNSYLVANIA WATER SPECIALISTS
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
PENNSYLVANIA WATER SPECIALISTS
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of LANCASTER
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March
3rd , 2006 , this office was in receipt of the
attached return from LANCASTER
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Lancaster Co
Postage
18.00
9.00
10.00
38.73
.78
76.51
03/03/2006
THOMAS THOMAS
--:?" ..--: ,m_
~o an. swe ..=""" .....:::.:>:::::::, ,.,:,.:.,...c..~.>?
~--:..--- - . ..--0......--
.~..~~..:;..:;;~,>--
~_m/ ,>-~~ ~~(r
~ h l' (
. Tomas K lne"
Sheriff of Cumberland County
HAFER
Sworn and subscribed to before me
this :l1A;J. day of IMAJuL
.:L(')o~
SHERIFF'S OFFICE
50 NORTH DUKE STREET. P.O. BOX 83480. LANCASTER. PENNSYLVANIA 17808-3480 . (717) 299-8200
SHERIFF SERVICE
P~Qg:SS RECEIPT, and AFFIDAVIT OF RETURN
lPLAIN1'IFFrSJ
;:;:
H
rn
()
'"
'"
Mutual Benefit Insurance
3 DEFENDANT ISI
Pennsylvania Water Specialists Inc
SERVE {5 NAME OF INDIVIDUAl. COMPANY, CORPORATION. ETG" TO BE SERVED
. Pennsylvania Water Specialists Inc
.....,.. 6 ADORESS (Slreet or RFD. Apartment No.. City, Boro, fwp.. State and ZIP Code)
AT 312 East Walnut Street Lancaster. PA 17602
7 INDICATE UNUSUAL SERVICE: 0 DEPUTIZE 0 OTHER ~-land
Now. Februa;ry02. 20091. SHERIFF OF ~COUNTY. PA. do here
Lancaster County to execute this Writ
to law. This deputation being made at the request and risk of the plaintiff.
I. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE,
::::
'"
..,
t'l
:>:l
4 TYPE OF WRIT OR COMPLAINT
Notice and Canplaint
Cumberland
,/ Please mail return of service to Cumberland County Sheriff. Thank you.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N... WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching al'Y property under
within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person 01 levy or attachment, without liability on
the part of such deputy or the sheriff to any plaintill herein for any loss, destruction or removal 01 any such property before sheriff's sale thereol
,. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11 DATE
DEREK D. BAHL ES 717- 237-7157 2/1/06
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This .r.. must be completed jf notice is to b. mailed)
BOX 999
NAME at Authorized LCSO Deputy or Clerk
JACKIE MICCICHE 299-8200
2/6/06
3/3/06
16. I hereby CERTIFY and RETURN that I 0 have personally served, ave legal evidence of service as shown In "Remarks", 0 have executed as shown in
"Remarks", the writ or complaint described on the individual, company, corporation, etc.. at the address shown above or on the individual, company, cor-
poration, etc., at the address Inserted below by handing a TRUE and.ATTESTED COPY thereof
17 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual. company, corporation, etc., named above. (See remarks below)
18 Nam and liUe 01 individ~1 erved (it not shown vel (Relationship to Defendanl)
'j '/tr- f. ~/fi ~ - ~S/))eA/~
20. Address 01 where served (com pi e only if different than shown above) (Street orRFD. Apartment No. City, Boro. Twp
State and Zip Code)
19 ONoService
8M Aenwka Below (No, 30)
21 Date 01 Service 22 Time
2 1S-~
EST
'""
&1.:13-0
23 ATTEMPTS
Dep.lnt.
S.TA..
"""II!MRwetlth Gf Pennsylvania
-.-.. ,,-.;:,,""". h
nCTARlt,l D2f..L
JENNIFER I.. DU:;CAN, ~!~lary i'ubllc
Lancaster City, Lancaster County
My Commitslon Expires July 14, ~009
th
\.
CL-
8113lp
z..- 2-'-\' 0--0 .
20
33 D'';p..., 3-",
3' D~aL{
31 AFFIRMED and subscribed to before me this
t%IOMf!
37
MY
..
. .............."" 1._..'__ A......_-"-. .... "'A'" .___.. ., r"'...,ADV co............ nNl..... A
i'~j;,~
il;
~, ~" ',.A_
lh
,
(,~:;
"h;,.
,;
'~ ~;
'11
~".;.;'
'dt,~
~l~"."L
......',
, 'jr
;1~(<
.;..~.."
>tf +>-~'
.i.,.."....
fiij'.
i~,
"'.,..,
'''>ri'~.
iv'h \)'
rIif,
-.,...........;
*";'
,t,\..~>.
;;#:;
11~
ii'
-d
;",0,
,ni
-"~-,-;...~"
j,O,I.~~~iW#.".,~~
,.1 ~"~f,'H~#WtO.."
,.~.1;l\t".c'
~-",..._,~,"
;3i~i~a.;lQ:(ii
'"",1~4tl;
.. l'tS'{iCt";1J?' '',1;')/,;
'.
.
fJl.
"":Jk1Mi
H1
'%,i'
j{,',
':!ii.
',', ('
"",;.,,','..
,~j'. "t.ol' ;;iD,
.I:;.......e~ '
.,OJ:);.)
.<,.j
'.~
,\;,",yt!~' -"t)
~ r,'?;
)' 'ld 'li~:;V,)$"~;'~1rIJf;t'~.;'i""
\ ';r ~i
~";;~h';'\f~r;,;,i
:t"."":
..
.
Thomas, Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
Derek D. Bahl, Esquire
Attorney J.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbahl@tthlaw.com
Attorney for Plaintiffs
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller and
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
: NO. 2006-663 Civil
PENNSYLVANIA WATER
SPECIALISTS, INC.,
Defendant
: ARBITRATIONDEMANDED
v.
WAULD CAPITAL PARTNERS, LLC,
AQUION WATER TREATMENT
PRODUCTS, LLC and RAlNSOFT
WATER TREATMENT SYSTEMS
PLAINTIFF'S REPLY TO DEFENDANT PENNSYLVANIA WATER
SPECIALIST'S NEW MATTER TO PLAINTIFF'S COMPLAINT
Plaintiff Mutual Benefit Insurance Company, by and through its counsel, Thomas,
Thomas & Haffer LLP, hereby replies to the New Matter of Defendant Pennsylvania Water
Specialists, Inc., as follows:
38. The allegation contained in Paragraph 38 is a conclusion oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 38 pursuant
to Pa.R.c.P. 1029(e) and demands strict proof of same at arbitration of this matter.
39. The allegation contained in Paragraph 39 is a conclusion oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
r
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 39 pursuant
to Pa.R.C.P. 1029( e) and demands strict proof of same at arbitration ofthis matter.
40. The allegation contained in Paragraph 40 is a conclusion oflaw to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 40 pursuant
to Pa.R.C.P. 1029(e) and demands strict proof of same at arbitration of this matter.
41. The allegation contained in Paragraph 41 is a conclusion of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 41 pursuant
to Pa.R.C.P. 1 029( e) and demands strict proof of same at arbitration of this matter.
42. The allegation contained in Paragraph 42 is a conclusion of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 42 pursuant
to Pa.R.C.P. 1029(e) and demands strict proof of same at arbitration of this matter.
43. The allegation contained in Paragraph 43 is a conclusion of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a
response is deemed necessary, Plaintiff denies the allegation contained in Paragraph 43 pursuant
to Pa.R.C.P. 1 029( e) and demands strict proof of same at arbitration of this matter.
2
WHEREFORE, Plaintiff Mutual Benefit Insurance Company demands judgment in its
favor in the amount of Fifteen Thousand Twenty-Eight Dollars and Fifty-Eight Cents
($15,028.58), plus interest, costs, and such other relief as this Court may deem appropriate.
Respectfully submitted,
THOM
S, THOMAS & HAFER, LLP
, (S~
Date: <0 r, (tJ 6
By:
Derek D. Bahl, EsqUIre
Attorney J.D. No. 87851
Attorney for Plaintiff
Mutual Benefit Insurance Company
3
. "
VERIFICATION
The undersigned, being duly sworn according to law, deposes and says that he is
counsel for Plaintiff; that he has examined the pleadings and the entire investigative file
made on behalf of said parties; that he is taking this Verification to assure compliance
with the pertinent rules pertaining to timely filing of pleadings and other documents
described by said rules; and, that the facts set forth in the foregoing Reply to Defendant
Pennsylvania Water Specialist's New Matter to Plaintiffs Complaint are true and correct
to the best of my knowledge, information, and belief. This verification is made by
counsel as the appropriate representative for Plaintiff is outside the jurisdiction of the
Court and/or hislher verification cannot be obtained within the time allowed for filing of
the pleading. The undersigned understands that the statements herein are made subject to
the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
t"c::. r frO CO
Date
Derek
. -
. .
CERTIFICATE OF SERVICE
I do hereby cerltify that on this day I served a true and correct copy of the foregoing by
first class mail, postag~ prepaid, addressed to the following:
Harold Viletto, Esquirci
1515 Market Street, Suite 530
Philadelphia, P A 1910t2
Thomas Brenner, Esquire
Goldberg Katzman
320 Market Street
Strawberry Square
POB 1268
Harrisburg, PAl 71 08-11268
Wauld Capital Partners) LLC
560 Oakwood Avenue, ~uite 203
Lake Forest, IL 60045 i
,
RainSoft Water Treatmfnt Systems
2080 East Lunt Avenue I
Elk Grove, IL 60007 i
Thomas, Thomas & Hafer, LLP
Date: ~l ~lDCa
~~KJ.~,A
April . Casper
0 ....."
C...:> 0
r: C-:::t .,
0-"
-r L.. -l
rr f c:: :r: .,
'7 ". nl r--
-!..-e> I"T'1
'f;.~ i- t \;-'
0'
,
.,'--\ rn
a .....-j
....1
4.~ _, 'h,
.~ c..,) ~iJ
w -<
II
,-
LAW OFFICES OF HAROLD E. VILETTO
BY: Jeffrey M. Pollock, Esquire
1.0.# 58362
1515 Market Street - Suite 1802
Philadelphia, PA 19102
(215) 564-3042
Attorney for Defendants
Aquion Partners Limited Partnership
& Rainsoft Water Treatment Systems
MUTUAL BENEFIT INSURANCE CO. aso
Jonathan S. Heller & Martha C. T. Heller
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
VS.
PENNSYLVANIA WATER SPECIALISTS INC.
Defendant
AND
WAULD CAPITAL PARTNERS LLC
AQUION WATER TREATMENT
PRODUCTS LLC
RAINSOFT WATER TREATMENT SYSTEMS
Additional Defendants
NO. 2006-663 Civil
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance for the Defendants, Aquion Partners
Limited Partnership (improperly designated as Aquion Water Treatment
Products LLC) & Rainsoft Water Treatment Systems only, in the above matter.
LAW OFFICES OF HAROLD E. VILETTO
BY: ~
Jeffrey M. Pollock
Attorney for Defendants
Aquion Partners Limited Partnership and
Rainsoft Water Treatment Systems only
~",-........'"
()
-.1
,--I
.'l~'
, .-
..l...J
(,1
~~
I.:::"
~_,J
.-<
TO: ALL PARTIES
You are hereby notified
To plead to the enclosed
Within twenty (20) days
From service hereof or
A Default Judgment may
Be entered against you.
LAW OFFICES OF HAROLD E. VILETTO
BY: Jeffrey M. Pollock, Esquire
1.0.# 58362
1515 Market Street - Suite 1802
Philadelphia, PA 19102
(215) 564-3042
~ m. rPcJ&l
Attorney for Defendant
Attorney for Defendants
Aquion Partners Limited Partnership
& Rainsoft Water Treatment Systems
MUTUAL BENEFIT INSURANCE CO. aso
Jonathan S. Heller & Martha C. T. Heller
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
VS.
PENNSYLVANIA WATER SPECIALISTS INC.
Defendant
AND
WAULD CAPITAL PARTNERS LLC
AQUION WATER TREATMENT
PRODUCTS LLC
RAINSOFT WATER TREATMENT SYSTEMS
Additional Defendants
NO. 2006-663 Civil
ANSWER OF AQUION PARTNERS LIMITED PARTNERSHIP llmDroPl!r1Y
Designated as AQUION WATER TREATMENT PRODUCTS LLC & RAINSOFT
WA TER TREATMENT SYSTEMS TO COMPLAINT OF DEFENDANT,
PENNSYLVANIA WATER SPECIALISTS. INC. TOGETHER WITH NEW MATTER
AND NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.C.p. 2252(d)
1. Denied. After reasonable investigation, answering defendants lack
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial.
"
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. The allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
7. Denied. After reasonable investigation, answering defendants lack
information sufficient to form a belief as to the truth or falsity of the
averments contained in the corresponding paragraph and the same are
therefore denied. Strict proof is demanded at the time of trial. The
allegations contained in the corresponding paragraph constitute
conclusions of law for which no responsive pleading is required, and they
are therefore denied.
WHEREFORE, answering defendants, Aquion Partners Limited Partnership
(Improperly Designated as Aquion Water Treatment Products LLC) & Rainsoft Water
Treatment Systems, request jUdgment be entered in their favor and against all parties.
NEW MATTER DIRECTED TO PLAINTIFFS
The accident and all damages involved in this case were caused by the direct
and proximate result of the negligence and recklessness of plaintiff, generally and in the
following particulars:
8. Plaintiffs' Complaint fails to state a claim upon which relief may be
granted.
"
9. Plaintiffs have failed to mitigate their damages.
10. If plaintiffs sustained the injurjes and damages as alleged in their
Complaint, then same were caused by other entities or parties over which
answering defendants had no control.
11. Plaintiffs' claims are barred, in whole and/or in part, by the appropriate
Statute of Limitations.
12. This Court lacks jurisdiction over the subject matter of the within action.
13. If plaintiffs sustained the injuries and damages as alleged in their
Complaint, then same were not proximately caused by any action or
failure to act on behalf of answering defendants.
NEW MATTER CROSS-CLAIM PURSUANT TO Pa.R.C.p~ 22521d) AGAINST
DEFENDANT. PENNSYLVANIA WATER SPECIALISTS. INC.
14. For purpose of asserting a cross-claim against defendant, Pennsylvania
Water Specialists, Inc., answering defendants, Aquion Partners Limited
Partnership (improperly designated as Aquion Water Treatment Products
LLC) & Rainsoft Water Treatment Systems, incorporates by referenced
herein and all material allegations of fact and law directed against said
defendant, which are contained in plaintiffs' Complaint without adopting
same. If the allegations of plaintiffs' Complaint are shown to be true, any
negligence or liability on the part of defendants, Aquion Partners Limited
Partnership (improperly designated as Aquion Water Treatment Products
LLC) & Rainsoft Water Treatment Systems, being expressly denied, then
defendant, Pennsylvania Water Specialists, Inc., is primarily liable for the
"
injuries and damages alleged, joinfly and/or severally liable, and/or liable
over to answering defendants, Aquion Partners limited Partnership
(improperty designated as Aquion Water Treatment Products llC) &
Rainsoft Water Treatment Systems, by way of contribution and/or
BY:
-:z--
Jeffrey M. PolloCk
Attorney for Defendant
indemnity for any amounts for which the said defendant might be required
to pay plaintiffs.
WHEREFORE, answering defendants, Aquion Partners limited Partnership
(improperly designated as Aquion Water Treatment Products llC) & Rainsoft Water
Treatment Systems, demands jUdgment of indemnity against defendant, Pennsylvania
Water Specialists, Inc., for all sums which answering defendants may be required to pay
plaintiffs, or in the alternative for contribution.
LAW OFFICES OF HAROLD E. VILETTO
"
VERJFICA rlON
I, Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney
for Answering Defendants in the within matter; that he is authorized to sign this on behalf
of said party; that he has read the foregoing Answer to Complaint together with New
Matter and New Matter Cross-Claim and finds that the facts set forth therein are true
and correct to the best of his knowledge, information and belief.
This verification is made subject to the penalties of 18 PA C.S. Section 4904
relating to unsworn falsification to authorities.
~ ~
......
-
JEFFREY M. POLLOCK
DATE:
&//&/o~
,
r--' 0
re..> --n
--;I
_1.,:Q
i" I I \--=....
(?,
,_.'
-<'. ---
\..C)
~
_~ ~'f1
(;'?
.;-",\
'-~;JO
"J
:<
Thomas E. Brenner, Esquire
Carly J. Wismer, Esquire
Goldberg Katzman, P.c.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Defendant P A Water Specialists, Inc.
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C. 1'. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
Plain tiff
v.
: ARBITRATION DEMANDED
PENNSYLVANIA WATER
SPECIALISTS, INC.,
Defendant
v.
WAULD CAPITAL PARTNERS,
LLC; AQUION WATER
TREATMENT PRODUCTS, LLC.
and R.c-\INSOFT WATER
TREATMENT SYSTEMS
DEFENDANT'S REPLY TO NEW MATTER OF ADDITIONAL
DEFENDANT TS AOUlON AND RAINSOFT
AND NOW, comes Defendant Pennsylvania Water Specialists, Inc., by their
attorneys, Goldberg Katzman, P.c. who state:
14. Denied. The paragraph states a legal conclusion to which no response is
necessary.
WHEREFORE, Defendant Pennsylvania Water Specialists, Inc. requests dlat
the New Matter of Additional Defendants Aquion Water Treatment Products and
RainSoft Water Treatment Systems be dismissed, with prejudice.
GOLDBERG KATZMAN, P.e.
B
omas E. Brcnner, Esquire
Attorney LD. #32085
320 Market Street, P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorneys for Defendant Pennsylvania Water
Specialists, Inc.
Date: June 19,2006
VERIFICATION
I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for
Pennsylvania Water Specialists, Inc.; that I have read the foregoing document; that
there are no new facts of record contained in the document; and that the facts stated
therein are tiue and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of
18 Pa.C.S. ~4904, relating to unsworn falsification to authorities.
~
Thomas E. Brenner, Esquire
---
Date: June 19,2006
CERTIFICATE OF SERVICE
I, Thomas E. Brenner, Esquire, hereby certify that on this date, I served the
foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below,
namely:
Derek Bahl, Esquire
Thomas, Thomas & Hafer
PO Box 999
Harrisburg, P A 17108-0999
Harold Viletto, Esquire
1515 Market Street, Suite 530
Philadelphia, PA 19102
GOLDBERG KATZMAN, P.c.
By:
omas E. Brenner, Esquire
Date: June 19,2006
9
'.,~.
<
"
.-'
"'"
<::~,
<Of'
7::
~",'
o
o
--0
:t..,.,
nit:.:
J~,~',
-:J
'-, . ,~:.',
\~l~;!'
~~J
'-<:
--
(2
o
co
..
MUTUAL BENEFIT
INSURANCE COMPANY
as subrogee of Jonathan S. Heller
and Martha C. T. Heller,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
Plaintiff
: CIVIL ACTION - LAW
: NO. 2006-663 Civil
v.
: ARBITRATION DEMANDED
PENNSYLVANIA WATER
SPECIALISTS, INC.,
Defendant
v.
WAUD CAPITAL PARTNERS,
LLC;AQUIONWATER
TREATMENT PRODUCTS, LLC.
and RAINSOFT WATER
TREATMENT SYSTEMS,
Additional Defendants
STIPULATI.oN TO DISMISS WAUD CAPITAL PARTNERS, LLC AND
RAINSOFT WATER AS ADDITIONAL DEFENDANTS
AND NOW, come counsel on behalf of the parties who agree to the dismissal
of Waud Capital Partners, LLC and Rainsoft Water Treatment Systems as parties to
this litigation based upon the information received from counsel that only Aquion was
involved in the manufacture of the water treatment product involved in this litigation.
Mutual Benefit Insurance Company,
as subrogee of Jonathan S. Heller
and Martha C. T. Heller
Date: CO~L(06
By. ~~~~
Derek Bahl, Esquire
. . -
Pennsylvania Water Specialists, Inc.
BYcr:~
Thomas E. Brenner, Esquire
I)ate: ~
Aquion Partners Limited Partnership
$-" /
By.:. ~
Je~ Pollock, Esquire
I)ate: ~/ jb -d <..
'" ~
\ .. V'\
1 ~ ~
- ~ ~
~ ~ \
~s.~
r
---
jt ~
G')
t:~ , ^
. ;[';...1 ;;\
:<- { ~.
1.<. c: ~ .ff<
~(;') C5 ::01
~ ., ~
(J)
0"
MUTUAL BENEFIT INSURANCE COMPANY, as subliogee
Qf Jonathan S. Heller and Martha C.T. Heller
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 20(16-663 CIVIL
PENNSYLVANIA WATER SPECIALISTS, INC.,
v.
AQlJION WATER TREATMENT _PRODUCTS, LLC
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. TIlE JUDGES OF SAID COURT:
Thomas E. Brenner . counsel for the~aiI.a"/defendant in the above action (or actions).
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 15.028 _ 58
The counterclaim of the defendant in the action is $0
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Derek Bahl, Esquire, Jeffrev Pollock. Esquire. and Thomas.Ek Brenner. Esquire
WHEREFORE. your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
~ll
~E.
ORDER OF COURT
Brenner, Esquire
AND NOW.
._. in consideration of the
foregoing petition.
Esq.. and
actions) as prayed for.
Esq.,
. Esq., are appointed arbitrators in the above captioned action (or
By the Court.
P.I.
~ ~ ~
'l Yi
8 ,....;,
~ (::::. ;0
C::::"> "'Tl
c:r'
~ ~ :I!...,.,
~ 0
<.:: rnp::"
I -r'Jn1
::3':;0
\.0 S}:;~
~ v
"... -.:,~ \
:7::: C)
:L 1",) ~'~~ ("11
- --
=='"
f'V ::0
..........: -<
MUTUAL BENEFIT INSURANCE COMPANY, as subljogee
pf Jon.a.tban S. Heller and Martha C.T. Heller
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
2006-663 CIVIL
v.
PENNSYLVANIA WATER SPECIALISTS, INC.,
v.
AQUlON WATER TREATHENT ,PRODUCTS, LLC
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, TIlE JUDGES OF SAID COURT:
Thomas E. Brenner ,counsel for the~.Ii./defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 15.028.58
The counterclaim of the defendant in the action is $0
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Derek Bahl, Esquire, Jeffrev Pollock. Esquire. and Thomas.Ek Brenner. Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
~ll
(bE.
Brenner, Esquire
ORDER OF COURT
Esq., and
actions) as prayed for.
/(,
. .26i'k.... in consideration of the ~
Esq., ~. e. .
, Esq., are appointed arbitrators in the above captionea action (or
BY~~~~
PJ.
FI U: [i--CF ;~K: E.
OF THE FriO! L'CY..JOTARY
2006 ilOV i bPi'! 3: 59
CUi'v.:: .
~ ~ ~
'i ~
~ 8 "'~
<= 0
C;::) .1
W"'1ifl
~ -- I!
" ..-11\,;'-...
0
~ .....;: rn ::n
,
I -C'] rn
.::;)0
\.D j~~;
~ -n
-"--"'-cr
""1 _.~_:
:,;' (-,
1:- t'.) ~~~ f~'~l
--t;..>>
f'0 :1)
..........J -<
~t&
..'
MUTUAL BENEFIT INSURANCE
CO.,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
PENNSYLVANIA WATER
SPECIALISTS, INC.,
DEFENDANT
V.
WAULD CAPITAL PARTNERS, LLC;
AQUION WATER TREATMENT
PRODUCTS, LLC AND
RAINSOFT WATER TREATMENT
SYSTEMS,
ADDITIONAL DEFENDANTS
: CXo -1tJf.t,3
: 9S eS2J. CIVIL TERM
ORDER OF COURT
AND NOW, this
vi
day of December, 2006, the appointment of a
Board of Arbitrators in the above-captioned case, IS VACATED and Keith O.
Brenneman, Esquire, Chairman, shall be paid the sum of $50.00.
BYlh;5'i
(6/'
(
Edgar B. Bayley, 'J.
"
Keith O. Brenneman, Esquire >
-..9 ~~~ 3r-':---" 7fl''-~
Court Administrator ~
:sal
t--
f!>V_eO
r--.')
c::P
c:::::>
CT"
o
f'T1
C'I
1
.t,.-
~
o
'l1
~.~
....~~
"<.y
~~~ C)
1~ =1~~~
:i~
~~
......~
~!i
~
o
"'"
Thomas. Thomas & Hafer, LLP
305 N. Front Street
P.O. Box 999
Harrisburg, P A 17108-0999
Derek D. BOO1, Esquire
Attorney J.D. No. 87851
(717) 237-7157
(717) 237-7105 - fax
dbOO1@tth1aw.com
Attorney for Plaintiff
MUTUAL BENEFIT INSURANCE
COMPANY aso Jonathan S. Heller &
Martha C. Heller Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: No. 2006-663 Civil
v.
PENNSYLVANIA WATER SPECIALISTS:
INC.,
Defendant
v.
AQUION WATER TREATMENT
PRODUCTS LLC
Additional Defendant
PRAECIPE TO SETTLE. DISCONTINUE & END
TO THE PROTHONOTARY:
Please mark the above case as settled, discontinued and ended.
Respectfully submitted,
Thomas, Thomas & Hafer, LLP
Date: , ~ 1l' (c?-
~~&~
Derek D. Bahl, Esquire
~
=
=
--.I
<-
o
11
:1.."
f11r;::.
:-S1cj
:~'~1~';
()-")
:;:::=fn
S
'J>
'-.0
=<
~
N
W
;po
-t'r""
-J...
-
-
w
o