Bonsavage v. Borough of Warrior Run

DOYLE, Judge.

This action, addressed to the original jurisdiction of this Court, involves preliminary objections filed by the Commonwealth of Pennsylvania and the Department of Transportation (Department) to the amended complaint of Charles and Ann Bonsavage.

On January 16, 1994, the Bonsavages filed a complaint in equity against the Borough of Warrior Run with the Court of Common Pleas of Luzerne County. The complaint alleged that the Borough failed to properly maintain storm sewer and sanitary sewer pipes which resulted in damage to the Bonsa-vages’ home and sought corrective injunctive…