In a significant legal move, a property owner has filed a lawsuit against multiple defendants for damages related to a sewer easement. On June 4, 2024, Maria Baiocco lodged the complaint in the Court of Common Pleas of Delaware County, Pennsylvania, targeting Thomas Gaspari, Annmarie Gaspari, John Cisco doing business as Cisco Masonry, and Cisco Corporation.
The lawsuit details an intricate dispute between neighbors over properties located on Chichester Avenue. Baiocco owns the property at 1704 Chichester Avenue while the Gasparis own the adjacent property at 1702 Chichester Avenue. According to the complaint, Baiocco's property has historically relied on a sewer line that runs through the Gaspari property—a setup established when both properties were part of a unified parcel owned by Attilio and Maria Gaudiuso before being subdivided in 1981.
The crux of Baiocco's grievance lies in the construction activities undertaken by Cisco Masonry on behalf of the Gasparis. The plaintiff alleges that during November and December 2022, Cisco Masonry damaged the sewer line serving her property while building a detached garage on the Gaspari’s land. This damage reportedly led to severe plumbing issues at Baiocco's property, rendering toilets and sinks unusable and forcing employees to use external portable restrooms.
Baiocco asserts that despite attempts to address these issues—including hiring plumbing services—the problems persisted due to an obstruction caused by construction activities. A subsequent investigation traced this obstruction directly under the newly constructed garage on the Gaspari property. Further complicating matters is an alleged failure by Cisco Masonry to comply with Pennsylvania’s Underground Utility Line Protection Law (PA One Call Law), which mandates contractors to notify utility companies before digging.
Adding fuel to the fire are accusations of retaliatory actions by Mr. Gaspari and Cisco following complaints made by Kristen Baiocco (acting as Power of Attorney for Maria Baiocco) to regulatory authorities about these violations. The complaint claims that this retaliation included reporting Baiocco’s property for code violations due to non-functional plumbing, resulting in Upper Chichester Township issuing a Notice to Vacate.
Baiocco is seeking extensive relief from the court: she demands compensation exceeding $50,000 for damages incurred due to trespass, nuisance, negligence, negligent hiring and supervision, and vicarious liability/respondeat superior. Additionally, she seeks punitive damages along with costs and attorney fees.
Representing Maria Baiocco is Daniel J. Yarnall from Unruh Turner Burke & Frees P.C., while no specific attorneys for the defendants are mentioned in this filing. The case will be presided over in Delaware County’s Court of Common Pleas under Case ID yet unspecified.