So, it begins....
They have the burden of proof and my defense is either the truth or my opinion based on what I have witnessed. These are nothing more than SLAPP suits designed to bury the truth, so that they are free to continue doing business "as usual."
PA Anti Slap Law
If I loose, it will be because I misinterpreted a court process because they can afford a lawyer and I cannot - Nothing like Mr. Rooter further victimizing one of their victims who had their personal property destroyed due to their breach of contract after the work was completed at my Mother's home. This is nothing more than them trying to bully me for telling truth and because they have more money to abuse the legal system. They knew that I was poor and I offered to take down and stop spreading the truth about them in exchange for them closing the defamation case; however, they did not accept based on a comment they made on their Rooter Media Twitter feed in May of 2013, which is when I reestablished my blog. I made a good faith effort, they did not. Defamation cases are notoriously expensive and time consuming to defend; thus, no lawyer is going to take on a case like this for free. I may be able to find a lawyer on a contingency fee basis; however, there is no way that I could even come up with the money in my current situation - ever. It is important for the public to know that these lawsuits, should they proceed, would leave me at a disadvantage due to the complicated nature of understanding what to file, when to file, and the rules during the court process. I need time to go to lawyer school in order for this to be considered a fair trial (8 years)- Technically, I believe (opinion because they don't seem to know what that looks like) that the lawyer already made errors in the process due to inactivity and failure to serve the second complaint within 6 months; however, I still barely understand the system and what the consequences would be.
This is the analogy that would be appropriate if I loose based on my lack of representation and the evidence I have to prove the statements that I have made and to back my opinions and conclusions, which are based on facts that I have evidence of.
Also, it makes no logical sense - at least to me- that I offered to remove my statements of fact that I have evidence of and my opinions about those facts after the defamation suit was filed back in November of 2012 not because I was in the wrong, but because, in order to defend the defamation suit, my Mother would have had to file a counterclaim on the same issue. Even though there was reason to believe it would have been successful, what would have been recovered in our favor would have been tens of thousands of dollars less than it would have cost to defend - which would have been more punitive to my Mother....A copy of the email that the lawyer asked me to send is included below:
**** (I did refer to the lawyer as being analogous with the character Fletcher Reed on the movie "Liar Liar." Honestly, that was my opinion to which I am entitled. In fact, I still have that opinion - even more so at this point. I can't blame the lawyer for wanting to represent his deep pocketed clients - all the lawsuits filed by and against two of his clients that I hold in very VERY low regard in Allegheny County alone....Whoa....I think it is really low to go after someone who does not even have access to representation for a fair trial - In my opinion, that is lowballing it....)****
Yet, the second lawsuit they filed was for civil action equity for the judge to compel me to remove my negative and non-defamatory statements along with my opinion. So, why was a lawsuit required to do this, then because I waived the white flag due to my lack of legal knowledge and they refused to accept back in November of 2012?
In my opinion, it is a further testament to the games they play. One minute - they are filing suit....The next minute - they are offering resolution.....Then, in another minute - they are filing another suit.....Then, in another minute - offering a resolution....Then, in another minute - Reinstating suits....For example:
1st Attempt At Contacting Bob Beall, owner of Mr. Rooter of Pittsburgh/Mr. Rooter Plumbing of Pittsburgh after Mr. Rooter Corporation/Now, Mr. Rooter LLC claimed Bob Beall was going to contact me to discuss the issue:
-I sent an email in order to provide information to Bob Beall because he was never at our home and did not have all of the facts of the situation. This included my blog because there was no way that I could send these files over the email server.
-Bob Beall's Response to my email where he CC'd Mary Kennedy Thompson, who was the President of Mr. Rooter Corporation/Mr. Rooter LLC at the time:
-My response to his email to me where I was actually waiting until he returned dealing with a health issue of his Mother. I recently dealt with health issues and loosing my father to his second cancer...I was empathetic. I simply intended to convey that I received his email and was waiting for his return to discuss the serious issues that arose during dates of service.
2nd Offer of Resolution At Rip Off Report where they admitted to the Angie's List Super Service Award Brand Infringement and Posting a BBB Icon, in addition to demanding that I publicly admit to statements that were false implying that a resolution would never happen unless I lied. Just to be clear, the Rip Off Report identities include my initials (RMP) and the other a name that I created as a pen name to protect identity, but still exposed my identity anyway if they would have actually read the Rip Off Report. Scarlett (to imply that they have scarred myself, my Mother, and our residence) and McScammer (to imply that we feel as though we were scammed and, technically, we were). The exchange between myself and Debra and Debra speaking as claimed to be authorized by Bob Beall is below:
3rd Offer of Resolution (After being taunted, first, of course):
Mr. Rooter Plumbing - Mr. Rooter LLC - Boycott Unethical Business Practices You see Carol Potocnik Beall, it doesn't matter whether I get comments....It matters whether or not I save people from you and your husband's unethical business practices.
Carol Beall, Vice President of the local Mr. Rooter of Pittsburgh Franchise, posted twice:
No surprise that the message that Carol Beall was "anxiously awaiting" never resulted in a response....Smoke and Mirrors....She actually came to the Facebook page to make fun of me. Then, she proceeded to tell me that there are 30 Mr. Rooter related followers looking for my comedy - meaning that they think that the issues that I speak about regarding their business practices are funny....Then, her tone changes and, all of a sudden, she is anxiously awaiting my message....
but, when I send the message....do you think I get any sort of response? that would be a resounding no.
CONCLUSION (Opinion based on facts): All offers of discussion and/or resolution have been a bogus publicity attempt. One of the many facts of the matter is that I had my property destroyed...I am a victim. I probably should have filed criminal charges against them for breaching my Mother's contract and destroying my property. I have every right to be upset with and to report facts that I have been witness to....Period.
Seriously, does anyone want to be on the receiving end of Mr. Rooter to have your personal property destroyed and have your Mother's personal property and home destroyed due to Mr. Rooter breaching their contracts and the inability to provide the services they advertise that they provide....and then get a series of lawsuits filed against you because you told the truth about what happened and what continues to happen and they refused your offer to remove the truth because you cannot afford a fair defense?
After observing for myself, first hand, the business practices implemented - I could not, with good conscious, not stand up for other people victimized before, during, and after our experience with them.
People deserve to know the truth before being subjected to their "services."