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Home My WebLink About94-01087 "-=r en - ~ ,~ ~\' '-.i<) ~ = 0.... f'_ .., ::'-.J r-'_ '~ {~ 0---< ~ -=-~ ~:::::- ~<::B "" -, = (t?j ~'~ ~~ '> r<'\ "-,",, ( "" '~~ ~ ~ ~ 5 III :::!;j :s !C t;::il:!Sl::;; ;~ 'f-o...~" "I .-r: .-r:(f):::~ ~ :r:' Iii ~ Gi ~l l-< ~;." 0;0:10 >:: ~ i>! 15 co;o: >::~ zo...c[:! ;::t. ZI:",o.; , -~ ~ <(::! li! ..: ::e: :.J ;Xl ~ . . . ,...,..._-.~. ^ ,:,~...-~- MATTHEW S. TUCCI AND SUANN M. TUCCI, . . Plaintiffs . . v. . . . . BOROUGH OP NEW CUMBERLAND, . . : Defendant . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW /od'7 NO. CIVIL 1994 JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE PA l70l3 TELEPHONE (717) 240-6200 NOTICIA Le han demandado a usted en la corte. si usted qui ere 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. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. LLEVE EsTA DEMANDA A UN ABODAGO INMEDIATAMENTE. sI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO sUFICIENTE DE PAGAR TAL sERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION sE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONsEQUIR ASIsTENCIA LEGAL. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 TELEPHONE (717) 240-6200 MATTHEW S. TUCCI AND . . SUANN M. TUCCI, . . . . plaintiffs v. . . : BOROUGH OP NEW CUHBERLAND, : . . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1994 JURY TRIAL DEMANDED COMPLAINT AND NOW, Plaintiffs by their undersigned counsel and respectfully bring this action for damages and set forth in support thereof as follows: 1. Plaintiffs Matthew S. Tucci and suAnn M. Tucci are husband and wife, and reside at 8 Megan Court, New Cumberland, Cumberland county, Pennsylvania. 2. The Borough of New Cumberland is a local governmental agency with its principal place of business at 1120 Market Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiffs are owners of the residence at 8 Megan Court, New Cumberland, Cumberland county, Pennsylvania. 4. On or about January 10, 1994, agents of Defendant were in the process of removing a clog in a portion of a sewer line by the use of compressed air. In the process of doing so, the pressure caused raw sewerage to backflow through the sewer pipes of Plaintiffs house, coming out through the toilet and sink basin of the powder room, and the utility tub of the laundry room and spilling onto the first floor of the house. 5. As a result of these backflows, raw sewerage came up like a geyser our of the toilet, sink basin, filled the laundry room tub, and flowed from the powder room and laundry room onto the first floor area of Plaintiff's home. It also flowed down through the duct work into the furnace area and into the basement. 6. This backflow was first noticed by plaintiff SuAnn Tucci when she opened the powder room door and saw a fountain of raw sewerage coming up through the commode. Said Plaintiff immediately went to the agents on the site, informed them of what was happening, and asked that they discontinue. 7. In response to Plaintiff suAnn Tucci's request that Defendant's discontinue their operation, the agents of Defendant told said Plaintiff that'they had not unclogged the line and that they were going to continue to add pressure to the line until they dislodged the clog. s. Said agents of Defendant continued to apply air pressure, causing a further backflow of sewerage through the toilet basin and laundry tub. 9. As a result of these backflows, raw sewerage came up like a geyser out of the toilet, and sink basin, and filled laundry room tub. The sewerage flowed from the powder room and laundry room onto the first floor area of Plaintiffs' home. It also flowed down through the duct work into the furnace area and into the basement. 2 lO. Agents of Defendant had previously been notified that water had been backflowing up through a manhole cover adjacent to Plaintiffs' house. Further, it was obvious to Defendant's agents on the site that Plaintiffs I house is on a level below that the manhole, and that they knew it was practically certain that if compressed air were applied to this portion of the system, it would result in raw sewerage and not air coming back up through the sewer pipes of Plaintiffs' home. 1l. The sewerage backup was caused by the actions of agents or employees of Defendant Borough in placing parts of the sewerage system under pressure in order to blowout a clog or other obstruction of the system. 12. The damages caused to Plaintiffs' home due to the backflow of raw sewerage was caused by the negligence and intentional conduct of employees or agents of Defendant in that: A. They pressurized the system without blocking the inlet to Plaintiffs' household in order to keep the pressurized sewerage from backing up into the line to Plaintiffs' house; B. They used excessive pressure in attempting to blowout the clog or obstruction; c. They allowed too much liquid to build up in the line that they were blowing out so that liquid sewerage backed up through the line instead of air. D. They knowingly and intentionally used air in the first instance to dislodge the clog, in spite of the fact that they knew if they applied compressed air to this portion of the sewer line, it would result in raw sewerage backflowing into Plaintiffs' house. 3 E. They knowingly and intentionally continued to use the air pressure method of dislodging the clog in spite of the fact that they knew that this method was causing damage to Plaintiffs' house. 13. As a result of the sewerage backflow, it was necessary for Plaintiffs to call a carpet cleaning service in order to take up the raw sewerage and to lay down a disinfecting spray. The damage will also require portions of the interior walls to be removed with new dry wall panels laid and new baseboard woodwork to be installed. Further, the fiberglass HVAC duct work will need to be replaced and the HVAC unit completely cleaned. l4. Plaintiffs' damages to their home and the cost of repair A. are as follows: Scanlan's Emergency Cleanup Clean-up and disinfect D. E. F. G. H. I. J. B. Scanlan's C. Renovations to Interior Walls in Powder Room Area, Living Room and Entrance Area Reinstallation of vinyl, carpeting, and Luan underlayment -- Furniture cleaning Possible reupholstering or replacement of furniture (if smell cannot be eradicated) Ruined toys Ruined fiberglass insulation other ruined personal belongings Cleaning/disinfection of clothes TOTAL 4 $ 908.95 $ 968.41 $13,646.00 $ 2,845.00 $ 270.30 $ 3,500.00 $ 384.34 $ l50.00 $ 500.00 $ 300.00 $23,472.70 15. In addition, the sewerage backup has rendered Plaintiffs' home uninhabitable, and it will remain so until renovations are completed. Plaintiffs are losing use of enjoyment, reasonably calculable as follows on a monthly basis: A. Lost interest expense on mortgage $l,100.00 B. Real Estate Taxes and Insurance $ 233.00 C. Utility Service (Winter) $ 350.00 D. Utility Service (Non-winter) $ 150.00 16. Plaintiffs have incurred alternative living expenses, reasonable monthly cost of which is at least $l,OOO.oo per month. 17. As the result of the backflow, Plaintiff SuAnn Tucci was splattered with sewerage and debris. 18. As a result of her contact with the raw sewerage, Plaintiff SuAnn Tucci suffered shock, embarrassment, and humiliation as a result of the incident in question. 19. The action of the agents of Defendant in persisting in using air pressure to dislodge the clog when they knew it was causing damage to Plaintiffs' home was willful and wanton and against all standards of decency and common sense. 20. The amount in controversy is in excess of compulsory arbitration limits in Cumberland County. WHEREFORE, Plaintiffs respectfully request judgment in their favor in an amount in excess of $20,000.00 in liquidated and unliquidated damages, together with punitive damages, interest, and 5 costs of suit. Respectfully submitted, Date: )flit!, '1'1 . / ///. -011/tf; /f/f/I<< KENNETH A( WISE, ESQUIRE 10 NO. 16142 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PA 17108-1489 (717) 238-3838 ATTORNEY FOR PLAINTIFFS 6 VERIPICATION Upon our personal knowledge or information and belief, we hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. We understand that false statements or averments therein made will subject us to the criminal penalties of l8 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: ;).-:;; "1'1 IlltJlliJ'J) A'l1&1 Matthew S. Tucci Date: ..t' .<~~ 1"7' ~~~y~ suAnn M. Tucc SHERIFF'S RETURN CGt10NWEALTH OF PENNSYLVANIA. COUNT'{ OF ClMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1087 Civil Term 1994 Complaint in Civil Action and Notice Matthew S. Tucci and Suann M. Tucci VS Borough of New Cumberland WeRley Cnok . llmlfli~ Deputy Sheriff of Cunberland County, Pennsylvania. who being duly sworn according to law, says, that he served the withincnmpll,;nt in Civil A,.Hnn "nn NnH,." upon Borolloh nf New C1Imhprl "nrl , the defendant. at ') . 1 " o'clock p.M. EST / mmx on the nq day of M~,.,..h , 19-94at 1120 Market Strpet, New C1Imhpr1"nrl . Cumberland County. Pennsylvania, by handing to Stpphpn S1I1 t""hprgpr, Rnrnllgh M"n"~"r a true and attested copy of the Cnmpl"int in Civil A,.tinn r."", "nn NnH,." and at the same time directing hi.. attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 9.52 ;gz~~~ 2.00 25.52 Pd. by Atty. 3-10-94 R. Thanas Kline. Sheriff by Id~':/&~' Deput Sheriff Sworn and subscribed to before me this M ~ day of IJ1u.uU 19 q'f A.D. (I ,It'-' 0.. )?~ tiipr.J , ~, Prothonotary