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Mystery pipe problem for homeowners

Couple's pool being damaged

HARMONY — A mysterious commercial storm drain that runs through a couple’s property on South Division Street is causing problems.

The drainage pipe is believed to have a breach that is causing underground structural damage to Mark and Kelly Sienkiewicz’s in-ground swimming pool.

The couple moved into the 63-year-old home in April 2015.

“It’s washing away the ground on the side of our swimming pool,” Kelly Sienkiewicz said. “It’s compromising the integrity of our pool.”

The previous owners did not tell the Sienkiewiczes about the pipe. The Sienkiewiczes sued them, but lost their case.

They said the previous owners did not list the pool on their disclosure form and that the drain was covered up with leaves.

“Our pool is failing. We bought the house for the pool,” Kelly Sienkiewicz said. “It’s come back to bite us.”

The couple said they were told it would cost about $2,000 for repairs and modifications to the pool. However, they now have about $8,000 invested in it.

The pipe does not appear in the borough’s records and is not owned by the borough. It also did not appear on the inspection report when the Sienkiewiczes bought the home.

The borough will not take responsibility for the pipe.

Council members Tuesday evening speculated the pipe may have been built before the home or before stricter regulations were in place. No known documentation exists for who installed the pipe or when it was put in.

Borough solicitor Matt Racunas said this is a “fairly common” issue.

“It’s private owners who have a problem with their drainage, so they dig and they put a pipe in. They decide to take it into their own hands,” Racunas said. “We can look, but the borough may not have a documentation.”

Kelly Sienkiewicz said she e-mailed Butler County officials to inquire about the pipe. She received an e-mail saying documentation for such matters is up to boroughs.

Council members said the borough looked at the pipe last year when the previous owners complained about the same problem. However, the issue was not brought to council and no official documentation exists of the conversation.

The Sienkiewiczes said with the newfound knowledge that the previous owners knew of the problematic pipe, they plan on taking more legal action for breach of contract and nondisclosure.

“We’re caught between a rock and a hard place,” Mark Sienkiewicz said.

The couple also said that part of the street, including their property and neighboring properties, experiences flooding in heavy rains.

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