(Red) IAGOY AND LYONS 151 WEST GAY STREETATTORNEYS AT LAW WEST CHESTER. PENNSYLVANIA 19380 (215)431-0400 U.S. POST OFFICE BUILDING MICHAEL J. LYONS ROUTE 1. BOX 55 STEPHEN P. LAGOY

ORIGINAL(Red)

IAGOY AND LYONS 151 WEST GAY STREETATTORNEYS AT LAW WEST CHESTER. PENNSYLVANIA 19380

(215)431-0400

U.S. POST OFFICE BUILDINGMICHAEL J. LYONS ROUTE 1. BOX 55STEPHEN P. LAGOY CHADDS FORD, PENNSYLVANIA 1931 7ROBERT C.EWING (215)388-7371LINDA L MacELREE

PLEASE REPLY TO WEST CHESTERMarch 19, 1986

Ellen Teplitzki, EsquireAssistant Regional CounselU.S. E.P.ARegion Three841 Chestnut StreetPhiladelphia, PA 19107

RE: Blosenski Land Fill

Dear Ellen:

Enclosed please find a copy of the Second Amended Complaintregarding Hartmetz v. Blosenski. If you need any furtherinformation, please feel free to contact me.

Very truly yours,

LAGOY AND LYONS

Robert C. Ewing

RCE/bd RECEIVEDfv;AR 211986

OF^CEOFRtSoNALCOUNSa

200338

ORIGINAL(Red)

LAGOY AND LYONS : ATTORNEY FOR PLAINTIFFSBY: ROBERT C. EWING, ESQUIREATTORNEY I.D. NO: 38364151 West Gay StreetWest Chester, PA 19380(215) 431-0400

JACOB HARTMETZ and IRENE : IN THE COURT OF COMMON PLEASHARTMETZ, h/w, individuallyand as parents and guardians : CHESTER COUNTY, PENNSYLVANIAof JAMES HARTMETZ, KATHERINEHARTMETZ and HOLLY HARTMETZ, : CIVIL ACTION - COMPLAINTminors,

Plaintiffs : NO. 84-07288

vs. :

JOSEPH BLOSENSKI, JR., and :ADA BLOSENSKI, h/w, indivi-dually and jointly by the :entireties and t/a BLOSENSKIDISPOSAL SERVICE; PERRY : 15PHILLIPS and JEANNE PHILLIPS, "-_. •&h/w, individually and jointly : •' .' ' ~= __„by the entireties; THE BUDD . :. --•. ^ _iiCO., TRAILER DIV. ; I.C.I. : "' ' co '~~AMERICAS, INC., A. JOHNSON ;- : tpCO.; SARTOMER CO., a/k/a : • - > •-->SARTOMER INDUSTRIES; L.N.P. - . : —CORP.; INLAND PUMPING & : ' " 1 1DREDGING CORPORATION and ' v, >BARNEY BURNHOUSE, :

Defendants

SECOND AMENDED COMPLAINT

1. Plaintiffs, JACOB AND IRENE HARTMETZ, husband and wife,-

are adult individuals and are the parents and natural guardians

Of minor Plaintiffs, JAMES HARTMETZ, KATHERINE HARTMETZ and HOLLY

HARTMETZ. All Plaintiffs reside at Tall Timbers, R.D. #2, Box

81H, Coatesville, Chester County, Pennsylvania.

200939

ORIGINAL(Red)

2. Plaintiffs JACOB AND IRENE HARTMETZ, presently own

property and live with their children, the minor Plaintiffs,

directly adjacent to a site known as Blosenski Dump on Route 340

in West Cain Township, 'Chester County, Pennsylvania which has

been listed by the United States Environmental Protection Agency

as one of the 418 worst toxic wastes sites in the United States.

3. The Defendants, JOSEPH BLOSENSKI, JR., and ADA

BLOSENSKI, his wife, are adult individuals t/a BLOSENSKI DISPOSAL

SERVICE and reside at and/or do business at R.D. #1, Lippit Road,

Honeybrook, Chester County, Pennsylvania and from August 26, 1971

until the present time have been the owners or equitable owners

of a large dumpsite at Route 340, West Cain Township, Chester

Cou'nty, Pennsylvania, known as Blosenski Dump.

4. The Defendants, Perry Phillips and Jeanne Phillips, his

wife, are individuals residing at or doing business at Wilmington

Road, West Cain Township, Chester County, Pennsylvania, and from

February 19, 1953, until May 26, 1971, were the owners or

equitable owners of a dump site at Route 340, West Cain Township,

Chester County, Pennsylvania, presently known as Blosenski Dump.

5. Defendant, The Budd Company, Trailer Division, is a

corporation authorized and existing pursuant to the Laws of the

Commonwealth of Pennsylvania, having a principal place of

business at Route 100, Eagle, Chester County, Pennsylvania, which

at all times relevant hereto has been engaged in the business of

manufacturing.

O00840

(Red;6. Defendant, I.C.I. Americas, Inc., is a corporation

authorized and existing pursuant to the Laws of the State of

Delaware, having a principal place of business at 310 Turner

Lane, Chester County, Pennsylvania, which at all times relevant

hereto has been engaged in the business of manufacturing.

7. Defendant, A. Johnson Company, is a corporation

authorized and existing pursuant to the Laws of the State of

Delaware, having a principal place of business at 215 Welsh Pool

Road, Lionville, Chester County, Pennsylvania, which at all times

relevant hereto has been engaged in the business of

manufacturing.

8. Defendant, Sartomer Company, a/k/a Sartomer Industries,

is or are a corporation(s) authorized and existing pursuant to

the Laws of the State of Delaware, having a principal place of

business at Bolmar and Nields Streets, West Chester, Chester

County, Pennsylvania, which at all times relevant hereto has

(have) been engaged in the business of manufacturing.

9. Defendant, L.N.P. Corporation is a corporation

authorized and existing pursuant to the laws of the Commonwealth

of Pennsylvania having a principal place of business at S. Bailey

Road, Thorndale, Chester County, Pennsylvania, which at'all times

relevant hereto has been engaged in the business of

manufacturing.

10. Defendant, Inland Pumping & Dredging Corporation is a

Pennsylvania corporation with an address for the purpose of

200941

service of process as 138 West Lancaster Avenue, Downingtown,

Chester County, Pennsylvania, which at all times relevant hereto

did consign, assign, sell and trust, give, transfer, discharge,

dump or dispose, or authorize the same, waste of various kinds

and characters upon the ground site known as Blosenski Dump.

11. Defendant, Barney Burnhouse, is an adult individual

with an unknown address who was last believed to live in Chester,

Pennsylvania, who did consign, assign, sell and trust, give,

transfer, discharge, dump or dispose, or authorize the same,

wastes of various kinds and characters upon the ground site known

as Blosenski Dump.

12. This action involves the discharge, by the Defendants

of toxic chemicals including but not limited to,

trichloroethylene and/or tetrachlorethylene, tetrofluroethelene

and trichlorofluromethane under the conditions and according to

the facts as more fully set forth below.

13. Trichlorethylene (hereinafter referred to as TCE), when

exposed to heat or open flame, decomposes and forms phosgene gas

which is toxic and potentially deadly to human beings as well as

forming caustic hydrochloric acids.

14. TCE, when inhaled or ingested by human beings or when

put in contact with human skin, causes various effects, including

but not limited to headaches, visual disturbances, dizziness,

disturbed gait, general picture of drunkenness, unconsciousness,

nose and throat irritations, the binding of TCE with tissue

200942

ORIGINAL(Red)

macromolecules such as DNA, hepatic microsomal proteins, etc.,

damage to the liver and kidneys, carcinogenisis, or death.

15. Certain of the health effects caused by TCE are

irreversible and are likely to become life threatening, even

after exposure has ceased.

16. TCE is a "hazardous waste" within the meaning of the

Pennsylvania Solid Waste Management Act, See Pa. Code Section

75.261. It is also listed in the latest edition of the "Registry

of Toxic Effects of Occupational Safety and Health (NIOSH) which

indicates that "the substance has the documented potential of

being harmful is misused and care must be exercised to prevent

tragic consequences."

17. At all times relevant hereto, Plaintiffs' water supply

for both potable water used otherwise in the Plaintiffs' everyday

life has come from wells situated on Plainitffs1 propertly which

are fed or draw upon the subsurface water that comes from the

Blosenski Dump site.

COUNT IALL PLAINTIFFS vs. JOSEPH BLOSENSKI, JR. and ADA BLOSENSKI,HIS WIFE, INDIVIDUALLY and t/a BLOSENSKI DISPOSAL SERVICE

18. Plaintiffs incorporate by reference each of the

allegations contained in Paragraphs 1 through 17 as though the

same were set forth at length herein.

19. For a period throughout the 1970's and possibly up to

the present the Defendants, Joseph Blosenski, Jr. and Ada

200943

Blosenski, his wife, t/a Blosenski Disposal Service and/or their

agents, servants, workmen or employees, dumped, spread, burned,

deposited and/or disposed of certain solid and/or liquid waste

materials which constituted hazardous waste materials as defined

by relevant Stated and Federal Statutes/ from industrial,

commerical, agricultural, residential and/or other sources on,

over and in the ground on the site known as and hereinafter

referred to as "Blosenski Dump" on or about Route 340 in West

Cain Township, Chester County, Pennsylvania, to which legal

and/or equitable title was held since May 26, 1971 by Joseph

Blosenski, Jr. and Ada Blosenski, his wife, which wastes

contained carcinogenic substances, toxic substances and/or

substances deleterious to the health of Plaintiffs and

deleterious to the health of the public, including but not

limited to substances known as trichloroethylene and/or

tetrachlorethylene, tetrafluroethelene and trichlorofluromethane.

20. Joseph Blosenski and Ada Blosenski, h/w, individually

and jointly by the entireties and-tr^a Blosenski Disposal Service,

acting individually and/or by his, her or its agents, servants,

workmen or employees have (has) acted in an intentional,

negligent, reckless, ultrahazardous, unreasonable and/or illegal

manner in that he, she, it or they:

(a) Invaded the Plaintiffs' interest in their private

use and enjoyment of their land;

(b) Polluted surface and/or subterranean waters or

water in water courses, thus-causing pollution of Plaintiffs'

well;200344

ORIGINAL(Red)(c) Failed to have the necessary permits and/or

licenses required under various Acts of the Commonwealth of

Pennsylvania for burning, dumping, spreading, depositing and/or

disposing of certain solid and/or liquid waste materials from

industrial, commercial, agricultural, residential and/or other

sources;

(d) Invaded the Plaintiffs' constitutional rights to

clean air, pure water and to the preservation and natural and

asthetic values of the environment;

(e) Failed to warn Plaintiffs of the danger of

contamination to their water supply;

(f) Failed to warn Plaintiffs of the effects of TCE or

other hazardous carcinogenic or toxic substances to their

physical well being;

(g) Failed to adequately test or inspect the Blosenski

Dump for the escape of hazardous waste onto the Plaintiff's

property;

(h) Failed to adequately regulate the disposal of

hazardous waste on the Blosenski Dump when the resulting injuries

and damages were or should have been known;

(i) Created a legal nuisance on the Plaintiffs'

property;

(j) Violated the Pennsylvania Solid Waste Management

Act •(k) Violated the Pennsylvania Clean Streams Law;

(1) Violated the Federal Act known as the Resource

Conservation Recovery Act.

200345

21. Solely as a result of the actions of the Defendants as

aforesaid,' the Plaintiffs have suffered the damages as more fully

set forth hereinafter.

WHEREFORE, Plaintiffs claim of each and every Defendant an

amount in excess of $20,000.00 together with interest, costs and

punitive damages and bring this suit to recover the same.

COUNT IIALL PLAINTIFFS VS. JOSEPH BLOSENSKI, JR. and ADA BLOSENSKI,HIS WIFE, INDIVIDUALLY and t/a BLOSENSKI DISPOSAL SERVICE

NUISANCE

22. Plaintiffs incorporate by reference each allegation

contained in Paragraphs 1 through 21 as though the same were set

forth at length herein.

23. The aforesaid Defendants' discharge as heretofore

alleged constitutes a continuing public nuisance per se in that

the Defendants' wastes are causing or contributing to the

pollution.

24. The Defendants' aforesaid discharge unreasonably

interferred with Plaintiffs' rights common to the general

public, including the rights to potable water, clean air and good

health.


aforesaid, the Plaintiffs have suffered the damages as more fully


200346




COUNT IIIALL PLAINTIFFS vs. JOSEPH BLOSENSKI, JR. and ADA BLOSENSKI,HIS WIPE, INDIVIDUALLY and t/a BLOSENSKI DISPOSAL SERVICE

ULTRAHAZARDOUS ACTIVITY




27. The aforesaid Defendants' conduct as heretofore

alleged, including inter a1ia bringing or permitting industrial

and hazardous wastes, including but not limited to, TCE to be

brought upon the Blosenski Dump site, under the circumstances

there and then existing, constitutes an ultrahazardous and

aonormally dangerous activity in that:

(a) there was a high risk that Plaintiffs' water would oe

contaminated;

(b) the likelihood of the aforementioned harm was great;

(c) the Defendants' manner of disposing of the afore-

mentioned hazardous wastes was not a matter of common usage;

(d) the Defendants' actions were inappropriately carried on

in a residential neighborhood.


aforesaid, the Plaintiffs have suffered the damages .as more fully


200947




COUNT IVALL PLAINTIFFS VS. JOSEPH BLOSENSKI, JR. and ADA BLOSENSKI,HIS WIFE, INDIVIDUALLY and t/a BLOSENSKI DISPOSAL SERVICE

STRICT LIABILITY



same were set forth at length herein..

30. The Defendants are strictly liable under Section 402(A)

of the Restatement (2nd) of Torts for the industrial and

hazardous wastes which they caused or allowed to reach the

Plaintiffs as previously alleged.







COUNT VALL PLAINTIFFS V. PERRY PHILLIPS and JEANNE PHILLIPS/ h/w,

INDIVIDUALLY AND JOINTLY BY THE ENTIRETIES

32. Plaintiffs incorporate herein by reference each of the



10 200948

33. For a period throughout the 1950's until approximately

1971, the Defendant, Perry Phillips and Jeanne Phillips, his wife

and/or agents, servants, workmen, or employees dumped, spread,

burned, deposited and/or disposed of certain solid and/or liquid

waste materials which constituted hazardous waste materials as

defined by relevant state and Federal Statutes/ from industrial,

commercial, agricultural, residential and/or other sources on,

over and in the ground on the site presently known as hereinafter

referred to as Blosenski's Dump on or about Route 340 in West

Cain Township, Chester County, Pennsylvania/ to which legal

and/or equitable title was held during said period by Perry

Phillips and Jeanne Phillips, his wife, which wastes contained

carcinogenic substances, toxic substances and/or substances

deleterious to the health of Plaintiffs and deleterious to the

health of the public, including but not limited to substances

known as trichloroethylene and/or tetrachlorethylene,

tetrofluroethelene, and trichlorofluromethane.

34. Perry Phillips and Jeanne Phillips, h/w, individualy

and jointly by the entireties acting individually and/or by his,

her or its agents, servants, workmen or employees have (has

acted in an intentional, negligent, reckless, ultrahazardous,

unreasonable and/or illegal manner in that he, she, it or they:




'water in water courses, thus causing pollution of Plaintiffs'

well;200949

11

(c) Failed to have the necessary permits and/or





sources;











property;





property;


Act;

(k) Violated the Pennsylvania Clean Streams Law;



20035012







COUNT VIALL PLAINTIFFS V. PERRY PHILLIPS and JEANNE PHILLIPS, h/w,

INDIVIDUALLY AND JOINTLY BY THE ENTIRETIESNUISANCE

36. Plaintiffs incorporate herein by reference each of the

allegations contained in Paragraph 1 through 35 as though the


37. The aforesaid Defendants' discharge .as heretofore



pollution.




health.




13 200951




COUNT VIIALL PLAINTIFFS V. PERRY PHILLIPS and JEANNE PHILLIPS, h/W,

INDIVIDUALLY AND JOINTLY BY THE ENTIRETIESULTRAHAZARDOUS ACTIVITY





alleged, including inter alia bringing or permitting industrial




abnormally dangerous activity in that:

(a) there was a high risk that Plaintiffs' water would be

contaminated;









14 "00952

(Red)WHEREFORE, Plaintiffs claim of each and every Defendant an



COUNT VIIIALL PLAINTIFFS V. PERRY PHILLIPS and JEANNE PHILLIPS, h/w,

INDIVIDUALLY AND JOINTLY BY THE ENTIRETIESSTRICT LIABILITY














COUNT IXALL PLAINTIFFS V. THE BUDD CO., TRAILER DIV.




15 200953

47. On or about August 21, 1978, The Pennsylvania

Department of Environmental Resources discovered that Defendant,

Budd Company, Trailer Div.; did consign/ assign, sell, entrust,

give, transfer, discharge or permit to be discharged, industrial

wastes that constituted hazardous wastes containing carcinogenic

substances, toxic substances and/or substances deleterious to the

health of the Plaintiffs and deleterious to the health of the

public, including but not limited to substances known as

trichloroethylene and/or tetrachlorethylene, tetrofluroethelene,

and trichlorofluromethane which were dumped, burned, deposited,

discharged, stored, treated, processed or disposed of at the site

known as Blosenski's Dump. Specific dates of Defendant's

activities are unknown to Plaintiffs as this information is

within Defendant's exclusive knowledge and control. Further

information is expected to be revealed during the course of

discovery.

48. The Budd Co., Trailer Div., acting individually and/or

by his, her or its agents, servants, workmen or employees have

(has) acted in an intentional, negligent, reckless,

ultrahazardous, unreasonable and/or illegal manner in that he,

she, it or they:




water in water courses, thus causing pollution of Plaintiffs'

well;

200954

)(c) Failed to have the necessary permits and/or




industrial/ commercial, agricultural, residential and/or other

sources;

(d) invaded the Plaintiffs' constitutional rights to










property;

(h) Failed to "adequately regulate the disposal of




property;


Act;



Conservation Recovery Act.209355

17







COUNT XALL PLAINTIFFS V. THE BUDD CO., TRAILER DIV.

NUISANCE







pollution.




health.

53. Solely as a result of the actions of the Defendants as-






is 200956

COUNT XIALL PLAINTIFFS V. THE BUDD CO., TRAILER DIV.












contaminated;






56. Solely as a result of the actions of the Defendants a.s






19 200957

COUNT XIIALL PLAINTIFFS V. THE BUDD CO., TRAILER DIV.

STRICT LIABILITY














COUNT XIIIALL PLAINTIFFS V. I.C.I. AMERICAS, INC.

60. Plaintiffs incorporate by reference each and every

allegation contained in Paragraphs 1 through 59 as though the



Department of Environmental Resources discovered that

Defendant, I.C.I. Americas, Inc; did consign, assign, sell,

entrust, give, transfer, discharge or permit to be discharged,

industrial wastes that constituted hazardous wastes containing

20 200958

carcinogenic suostances, toxic substances and/or substances

deleterious to the health of the Plaintiffs and deleterious to

the health of the public, including but not limited to substances

known as trichloroethylene and/or tetrachlorethylene,

tetrofluroethelene, and trichlorofluoromethane which were dumped,

burned, deposited, discharged, stored, treated, processed or

disposed of at the site known as Blosenski's Dump. Specific

dates of Defendant's activities are unknown to Plaintiffs as this

information is within Defendant's exclusive knowledge and

control. Further information is expected to be revealed during

the course of discovery.

62. I.C.I. Americas, Inc. acting individually and/or by

his, her or its agents, servants, workmen or employees have (has)







well; r(c) Failed to have the necessary permits and/or





sources;

21

200959

(d) Invaded the Plaintiffs' constitutional rights to '










property;





property;


Act;(k) Violated the Pennsylvania Clean Streams Law;







amount in excess of $20,000.00 together with interest, co.sts and


22

200960

COUNT XIVALL PLAINTIFFS V. I.C.I. AMERICAS, INC.

NUISANCE







pollution.




health.







COUNT XVALL PLAINTIFFS V. I.C.I. AMERICAS, INC.





20095123








contaminated;












COUNT XVIALL PLAINTIFFS V. I.C.I. AMERICAS, INC.

STRICT LIABILITY




24 200962



hazardous wastes which they caused or allowed to -reach the








COUNT XVIIALL PLAINTIFFS V. A. JOHNSON COMPANY





Department of Environmental Resources discovered that

Defendant, A. Johnson Company did consign, assign, sell, entrust,

give, transfer, discharge or permit to be discharged, industrial

wastes that constituted hazardous wastes containing carcinogenic

substances, toxic substances and/or substances deleterious to the

health of the Plaintiffs and deleterious to the health of the

public, including but not limited to substances known as

trichloroethylene and/or tetrachlorethylene, tetrofluroethelene,

and trichlorofluoromethane which were dumped, burned, deposited,


20095325




information is expected to be revealed during the course of

discovery.

76. A. Johnson Company/ acting individually and/or by his,

her or its agents, servants, workmen or employees have (has)







well;

(c) Failed to have the necessary permits -and/or





sources;






26 200984






property;





property;


Act;(k) Violated the Pennsylvania Clean Streams Law;









COUNT XVIIIALL PLAINTIFFS V. A. JOHNSON COMPANY

NUISANCE




2G09S5



the Defendants' wastes are causing' or contributing to the

pollution.




health.







COUNT XIXALL PLAINTIFFS V. A. JOHNSON COMPANY





83. The aforesaid Defendants' conduct as heretofore •






28

2009S6


contaminated;












COUNT XXALL PLAINTIFFS V. A. JOHNSON COMPANY

STRICT LIABILITY




86. The Defendants are strictly liable under Section 402 (A)







29

200987

'°




COUNT XXIALL PLAINTIFFS V. SARTOMER CO., a/k/a SARTOMER INDUSTRIES




89. From a period of approximately 1971 until 1979 and

possibly up to the present, Sartomer Company, a/k/a Sartomer

Industries, did consign, assign, sell, entrust, give, transfer,

discharge or permit to be discharged, industrial wastes that

consituted hazardous wastes containing a carcinogenic substance,

toxic substance and/or substance deleterious to the health of the

Plaintiffs and deleterious to the health of the public, known as

trichloroethylene and/or tetrachlorethylene, tetrofluoethelene,

and trichlorofluoromethane which was dumped, burned, deposited,





information is expected to be revealed during the course of '

discovery.

90. Sartomer Co., a/k/a, Sartomer Industries, acting

individually and/or by his, her or its agents, servants, workmen

or employees have (has) acted in an intentional, negligent,

so 200938

reckless, ultrahazardous, unreasonable and/or illegal manner in

that he, she, it or they:





well;



Pennsylvania for ourning, dumping, spreading, depositing and/or



sources;











property;




31 200989


property;


Act;(k) Violated.the Pennsylvania Clean Streams Law;

(.1) Violated the Federal Act known as the Resource

Conservation Recovery' Act.







COUNT XXIIALL PLAINTIFFS V. SARTOMER CO., a/fc/a SARTOMER INDUSTRIES

NUISANCE






the Defendants' wastes are causing- or contributing to the

pollution.


interferred with Plaintiffs.' rights common to the general

32 . 200970


health.







COUNT XXIIIALL PLAINTIFFS V. SARTOMER CO., a/k/a SARTOMER INDUSTRIES

ULTRAHAZARDOUS ACITIVTY











contaminated;




33 200971

(d) the Defendants' actions were inappropriately carried <3(Red)in a residential neighborhood. '







COUNT XXIVALL PLAINTIFFS V. SARTOMER CO., a/k/a SARTOMER INDUSTRIES

STRICT LIABILITY




100. The Defendants are strictly liable under Section

402(A) of the Restatement (2nd) of Torts for the industrial and









34 20G372

ORIGINAL(Red)

COUNT XXVALL PLAINTIFFS V. L.N.P. CORPORATION




103. Defendants, L.N.P. Corporation, did consign, assign,

sell, entrust, give, transfer, discharge or permit to be

discharged, industrial wastes that consituted hazardous wastes

containing a carcinogenic substance, toxic substance and/or

substance deleterious to the health of the Plaintiffs and

deleterious to the health of the public, known as

trichloroethylene and/or tetrachlorethylene, which was dumped,


disposed of at the site known as Blosenski's Dump. The exact

dates of these activities are within Defendant's exclusive

knowledge and control. Further information is expected to be

revealed during the course of discovery.

104. L.N.P. Corporation, acting individually and/or by

his, her or its agents, servants, workmen or employees have (has)




use and enjoyment of their land/-

Co) Polluted surface and/or subterranean waters or


well;

20097335

ORIGINAL(Red)


sources;











property;





property;


Act;


(1) Violated the Federal Act known as the , Resource .





20097441

ORIGINAL(Red)




COUNT XXXIIALL PLAINTIFFS V. INLAND PUMPING & DREDGING CORPORATION

NUISANCE







pollution.




health.







20097542

ORIGINAL(Rtr

COUNT XXXIIIALL PLAINTIFFS V. INLAND PUMPING & DREDGING CORPORATION






alleged, including inter alia bringing or permitting indusbrial






contaminated;











punitive damages and bring this suit to recover the same..

43 200976

ORIGINAL

COUNT XXXIVALL PLAINTIFFS V. INLAND PUMPING & DREDGING CORPORATION

STRICT LIABILITY





402 (A) of the Restatement (2nd) of Torts for the industrial and









COUNT XXXVALL PLAINTIFFS V. BARNEY BURNHOUSE




131. Defendant, Barney Burnhouse, did consign, assign,

sell, entrust, give, transfer, discharge or permit to be

discharged, industrial wastes that consituted hazardous wastes

containing a carcinogenic substance, toxic substance and/or

substance deleterious to the health of the Plaintiffs and

20097744

ORIGINAL(Red)

deleterious to the health of the public, known as

trichloroethylena and/or tetrachlorethylene, which was dumped,


disposed of at the site known as Blosenski's Dump.

132. Barney Burnhouse, acting individually and/or by his,

her or its agents, servants, workmen or employees have (has)

acted in an intentional, negligent, reckless, ultrahazardbus,






well;






sources;









20097845

ORIGINALi Red)



property;





property;


Act;










COUNT XXXVIALL PLAINTIFFS V. BARNEY BURNHOUSE

NUISANCE



'same were set forth at length herein.

20097946

ORIGINAL(Red)



the Defendants' wastes- are causing or contributing to the

pollution.



public, including the rights to potable water/ clean air and good

health.




WHEREFORE, Plaintiffs claim of each and every" Defendant an



COUNT XXXVIIALL PLAINTIFFS V. BARNEY BURNHOUSE









there and then existing, constitutes an ultrahazardous and. K 200980abnormally dangerous activity in that:

(Ktc(a) there was a high risk that Plaintiffs' water would be

contaminated;












COUNT XXXVIIIALL PLAINTIFFS V. BARNEY BURNHOUSE

STRICT LIABILITY





402(A) of the Restatement (2nd) of Torts for the industrial and .






48 200981

ORIGINAL(Red)




DAMAGES

144. As a result of the actions and/or inactions of each

of the Defendants/ as set forth with more specificity in the

previous paragraphs of this Complaint, the wells on the

Plaintiffs' property, as aforesaid, have become polluted, the

water therefrom rendered nonusable and unsafe for use by the

Plaintiffs.

145. Solely as a result of the actions and/or inactions of

the Defendants as aforesaid, the Plaintiffs and the minor

Plaintiffs:

(a) Have ingested and inhaled toxic and/or carcinogenic

and/or hazardous suostances that the Defendants caused or allowed

to infiltrate their well and water systems and caused to

infiltrate the air that they have breathed and will breathe;

(b) Have been exposed to and caused to inhale noxious and

sickening odors in the air that they have breathed and will

breath and which odors were caused by toxic and/or carcinogenic

and/or hazardous substances;

(c) Have been or may be compelled to obtain medical

attention in an effort to diagnose their illness or condition

resulting from the said inhalation and ingestion, and upon

information believe that further diagnosis and treatment'will be

necessary in the future;

49 • 200982

ORIGINAL(Red;

(d) Have suffered headaches, dizziness and nose and throat

irritations;

(e) Have been violently shaken and have suffered severe

injuries to their bodies/- internal organs, nervous systems,

bones, cartileges, muscles, ligaments and body tissue, the extent

of which may not be known for many years, all of which may be

permanent. All injuries to Plaintiffs have not been and are not

at present medically objective or symptom producing , but consist

of forces which were sent forth within the bodies of the

Plaintiffs Dy the aforesaid actions and/or inactions of each of

the Defendants, which may cause medically objective injuries and

sumptomology in the future;

(f) Have and will continue to suffer great mental anguish,

shock, horror and fear of contracting diseases such as cancer.

146. Solely as a result of the actions and/or inactions of

the Defendants as aforesaid, Plaintiff, Irene Hartmetz suffered

a miscarriage.

147. Further, the minor Plaintiffs allege that following

the date that they will attain the age of 18 years, they will be

obliged to incur expense in connection with such medical

treatment, for the purchase of drugs and other related expenses. •

148. Further, Plaintiffs claim of each and every Defendant,

punitive damages in such an amount that would act as a deterrent

to the Defendants and others from the future commission of like

offenses and wrongs.200983

50

ORIGINAL(Red)

149. Solely as a result of the actions or inactions by the

Defendants, individually and/or his, her, its agents, servants,

workmen or employees as aforesaid, the Plaintiffs and their

property have been severely and permanently damaged in that the

value of the Plaintiffs' real estate has diminished as a result

of having nonusable water from its wells, the Plaintiffs' have

been put to considerable aggravation, cost and expense to bring

in water for their use, and the Plaintiffs will be put to

considerable aggravation, costs and expense in order to obtain

water on their property which is usable for all purposes,

including consumption. Specifically the Plaintiffs' damages

include, but are not limited to:

(a) Decreased property value - $150,000.00

(b) Water filter system installation _ $ 250.00

(c) Replacement carbon filters _ $ 45.00

LAGOY AND LYONS

BY:.ROBERT C. EWING, ESQUIREAttorney for Plaintiffs

20098451

(Red)

VERIFICATION

I vericv t^-st the facts set forth in the foregoing pleadings

are true and -j^.cir^ct to the best of my knowledge, information and

belief. I ;.-•:'.'-:•?": sn :1 chat false statements herein are made

subject t o - b'":•'.• nenalties of 18 Pa. C.S. Section 4904, relating to

unsworn falsification to authorities.

Date:JACOB HARTMETZ

2U0985

ORIGINAL(Red)

I veri:"/ ':'•.-': ':V̂ [Tar.ts set forth in the foregoing pleadings

are true a •"••'I •'•::••:•;•" V; :::io bost -O? my knowledge, information and;

belief. I u-\ i-.'/:3'::-v: "; t'-'̂ t false statements herein are mane

subject to thi- Penalties of IB Pa. C.S. Section 4904, relating to

unsworn fals i " •'..:;"• r. ion to authorities.

IRENE HARTMETZ

200986

ORIGINAL(Red)

VERIFICATION

I ver i cv. ...thnt the Iracbs set forth in the foregoing pleadings

are true and -; o c :: •? c t to the best of: my knowledge, information and

belief. I -.in^r-can.;! that false statements herein are rr.acle

subject to c'li-j ' penalties of IB Pa. C.S. Section 4904, relating to

unsworn f als i ;"; tcst.ion "to. authorities.

As the Parents and Guardiansof James Hartmetz

JACOB HARTMETZ

IRENE HARTMET

200987

ORIGINAL(Red)

VERIFICATION

I veric-Y '.".'int the facts set forth in the foregoing pleadings

are true and c'):::-'vc; to the best of my knowledge, information and

belief. I u;-vl2r:s-t-?.n:1 that false statements herein are made

subject to t:.)•-• Penalties of 18 Pa. C.S. Section 4904, relating to


As the Parents and Guardiansof Katherine Hartmetz

Date:JACOB HARTMETZ

_IRENE HARTMETZ

200988

ORIGINAL(Red)

VERIFICATION

I veri-;--- tVit the facts set forth in .the foregoing pleadings

are true and o^rv-sct to the best of: my knowledge, information, and

belief. I ui'.lsrstan:l thai: false statements herein are made

subject to th2 penalties of 18 Pa. C.S. Section 4904, relating to


As the Parents and Guardians. • . . ' o f H o l l y H a r t m e t z

Date:JACOB HARTMETZ

IR'ENE HARTMETZ

200989

Documents

(Red) IAGOY AND LYONS 151 WEST GAY STREETATTORNEYS AT LAW WEST CHESTER. PENNSYLVANIA 19380 (215)431-0400 U.S. POST OFFICE BUILDING MICHAEL J. LYONS ROUTE 1. BOX 55 STEPHEN P. LAGOY