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RHONDA McCORMICK,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
NO. <j(.., 'I'll',),
CIVIL TERM
CHARLES A. CHASE and
MARIE CHASE, his wife,
YINGST ENGINEERS,
JACK GAUGHEN REALTOR and
JOHN GLISE, INC., REALTOR
Defendants
.
.
:
:
.
.
: CIVIL ACTION - LAW
HOTICI
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the clai.. set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the
claims set forth against you. You Ire warned that if you fail to
do so the case may proceed without you and a judgment Dlay be
entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or
other rights importlnt to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
4 th FLOOR
ctlMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (111)-240-6200
.
.
RHONDA McCORMICK, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. . NO. q~. WfJ- CIVIL TERM
.
:
CHARLES A. CHASE and :
MARIE CHASE, his wife, :
YINGST ENGINEERS, .
.
JACK GAUGH EN REALTOR and .
.
JOHN GLISE, INC., REALTOR .
.
Defendants . CIVIL ACTION - LAW
.
COKPLUJrl'
1. plaintiff is an adult individual residing at 101 Stoner
Avenue, Mechanicsburg, cumberland County, Pennsylvania 17055.
2. Defendants Charles A. Chase and Marie Chase are adult
individuals who currently reside at 2501 Ohio Drive, No. 417,
Plano, Texas 75093.
3. Defendant Yingst Engineers is a corporation or similar
entity which regularly conducts business in CUmberland County,
Pennsylvania with its principal place of business located at 1590
Sand Beach Road, Huaaelstovn, Dauphin county, Pennsylvania 17036.
4. Defendant Jack Gaughen Rea 1 tor is a corporation or
aiailar entity doing buainea. under the la"a of the Co..on"ealth of
Pennaylvlnia "ith an addresa of 3800 Klrket street, Camp Hill,
CUmberland county, Pennaylvania 17011.
5. Defendant John Glia., Inc., R.altor ia a corporation or
aiaUar entlty doinq bu.ineaa under the 1a". of the Coaaonwe.lth of
Pennaylvania with an addre.. or JI20 Market Street, Caap H111,
cuaberland county, Pennsylvlnia 17011.
6. On or about February 9, 1996, plaintiff entered into a
written agreement with defendants Charles A. Chase and Harie Chase
to purchase residential property located at 101 stoner Avenue,
Hechanicsburg, Cumberland County, Pennsylvania for $120,000.00. A
copy of the Agreement of Sale is attached hereto and marked
Plaintiff's Exhibit "A".
7. Prior to settlement, plaintiff entered into an agreement
with defendant Yingst Engineers whereby Yingst Engineers was to
perform a structural and mechanical inspection of the property at
101 Stoner Avenue, Mechanicsburg, CUmberland County, Pennsylvania.
8. Defendant Yingst Engineers was to inspect the house at
101 Stoner Avenue, Mechanicsburg, Pennsylvania, and advise
plaintiff of any problems, structurll or mechanical, with the
house.
9. Defendant Yingst Engineers did perform an inspection of
the house and prepared a report which stated that, alllong other
things, the structural syste. was in good condition and that there
was no wood da.age.
10. Plaintiff atte.pted to perfon a pre-settle.ent
inspection of the pre.ises several days prior to the .ettle.ent
date but this inspection was not per.itted by the sellers.
11. On the date of settle.ent plaintiff, with her agent,
defendant John elis., Inc.. Realtor, performed a pre-settl..ent
inspection of the pre.ises and discovered that the carpetinq in the
fa.ily rooa w.s wet.
12. Plaintiff inquired as to the wet carpet, but due to the
shortness of time prior to scheduled settlement plaintiff was not
permitted to perform a more thorough inspection to determine the
reason for the wet carpet.
13. plaintiff was advised by defendant John Glise, Inc.,
Realtor, that the wet carpet was a relatively minor problem which
could be resolved with an allowance provided to plaintiff at
settlement.
14. plaintiff relied upon the advice of defendant John Glise,
Inc., Realtor, and proceeded to settlement without inquiry into the
wet carpet.
15. At settll!lllent, plaintiff inquired again as to the w.t
carpeting and while at settlement plaintiff was asked to leave the
settlement room to enable defendants Charles A. Chlse and Marie
Chase to discuss this matter with their ag.nt, defendant Jack
Glughen Realtor.
16. When plaintiff re-.ntered the settle.ent room defendant.
Charles A. Chase and Marie Chase, as 101.11 as d.f.ndant Jack Gaugh.n
Relltor, offered plaintiff $500.00 for carpeting allowance to fix
the water proble., but none of the.e def.ndant. advi.ed plaintiff
of the extent of the water problem It the re.idenc. which wa. the
.ubject of this Agr....nt of Sale.
17. Defendlnt John Gllae, Inc., Realtor, advi.ed plaintiff to
accept the $500.00 carpet allowance and conclude the .ettlement.
11. Plaintiff reli~ upon the representations of def.nd.nt.
Chari.. A. Ch..e, Mari. Ch..., Jack c.uqh.n Realtor and John Gli..,
Inc. Realtor and proceeded to settlement with the $500.00 wet
carpet allowance.
19. In addition, plaintiff relied upon the home inspection
report which was prepared by defendant Yingst Engineers to agree to
the $500.00 wet carpet allowance and conclude the settlement.
20. Following settlement, plaintiff moved into the residence
and discovered that the problem concerning water leakage was much
greater thIn she had been led to believe by any of the defendants.
The water problems consist of the following:
(a) The crawlspace contained evidence of flooding
which had caused all floor joists to rot and weaken to
the extent that the joists were too weak to support the
structure of the house;
(b) The insulation in the crawlspace and family
room had becollle non-functional due to having rotted from
water leakage;
(c) The floor and wall of the family room had been
daaaged and needed replacelllent due to water leakage;
(d) A wooden brace located in the crlwlspace which
supports I stone hearth above the crawlspace was rotted
and needs to be replaced due to water da.age;
(e) The flooring underneath the wet carpet in the
faaily room was completely rotted Ind needs to be
repllced due to water leakage;
(f) The insulation in the garage was also non-
functional due to having been extre.ely wet and rotted;
(g) The upstairs bathroom had a water leak which
had caused damage to the ceiling in the family room; and
(h) The grading of the soil surrounding the house
is 24 to 26 inches above the block level of the
crawlspace and family room which has caused, and will
continue to cause problems to floor joists in the form of
termite infestation and water damage. It is believed
that this problem contributed to the complete rotting of
all floor joists surrounding the base of the house.
21. Each of the above-mentioned defects are serious and
dangerouB and should have been disclosed by the sellers or the
sellers' agents.
22. The sellers and the sellers' agents, those agents being
defendant Jack Gaughen Realtor and defendant John Glise, Inc,
Realtor, knew or had reason to know of the serious defects yet
failed to advise plaintiff of these conditions.
23. The .ellers made a material.isrepre.entation with regard
to these defects on the Beller's property disclosure statement. A
copy of the seller'. di.closure statement is attached hereto and
incorporlted h.rein a. if s.t forth at l.nqth as Plaintiff'.
Exhibit "B" to this Complaint.
24. It i. believed, and therefore averred, that defendant.
Charl.. A. Cha.. and Marie Cha.e ..de .pecific efforts to conceal
.vidence of this da.ag. frea the plaintiff by conc.aling .igna and
ind1cations of the water problem durinq the U... when e1ther
plaintiff or its agent in.pected the pr..l....
25. plaintiff has expended sums to repair the some of the
defects identified above and will need to expend additional sums in
the near future in order to repair the remaining defects. The
total sums as of the date of this Complaint which plaintiff will
need to expend in order to repair the defects is $12,843.00, but
this sum is subject to increase as more defects are discovered.
COtnlT I
KcCOllKICJt v. CHAllLB8 AliD KARIB CHASB
IN TORT
26. Paragraphs 1 through 25 are incorporated herein as if set
forth at length.
27. Defendants Charles A. Chase and Marie Chase negligently
misrepresented to the plaintiff the water leakage problems of the
premises and negligently failed to disclose these material defects.
28. Defendants Charles A. Chase and Marie Chase knew of the
existence of these material defects and intentionally failed to
disclose the.e defects to the plaintiff.
29. Defendants Charles A. Chase and Marie Chase had an
obligation to disclose these defects to plaintiff and they failed
to do so.
WHEREFORE, plaintiff seeka damage. against Charles A. Cha.e
and Marie Cha.e in an a.ount of $12,843.00, plus Iny additional
amounts of dallAqe. that are detenined prior to trial in thia
matter, plua co.ta and attorney'. fe.a as the lav aay allov.
CoUllT II
MISREPRESENTATION
30. paragraphs 1 through 29 are incorporated herein as if set
forth at length.
31. Defendants Charles A. Chase and Marie Chase gave
plaintiff a seller's disclosure statement which made reference to
the condition of the premises and stated the conditions. A copy of
that seller's disclosure statement is attached hereto and marked
plaintiff'S Exhibit "B" and is incorporated herein as if set forth
at length.
32. The statements contained in the seller's disclosure
statement were untrue and the defendants Charles A. Chase and Marie
either knew or had reason to know that the statements contained in
the disclosure statement were untrue.
33. Plaintiff relied upon the statements made by the
defendants in the seller's disclosure statement to her detriment as
previouslY set forth in this Complaint.
WHEREFORE, plaintiff prays that this Honorable court will
award punitive damages in favor of the plaintiff and against
defendants Charles A. Chase and Marie Chase in an amount in excess
of $10,000.00, plus costs and attorney's fees as the law may allow.
cotnI'1' It I
IIOCQIlIt'JCa Y. c::PllUS A. c::DII aIR) IWlll c::DII
n1I1YI'II DaJPAU
H. Paraqraphs 1 throuqh II ue incorporated herein aa if set
forth at lenqth.
35. The conduct of the defendants Charles A. Chase and Marie
Chase in not only failing to disclose the existence of these
serious and material defects, but in actively concealing evidence
of these defects from the plaintiff is conduct which is outrageous
and warrants the imposition of punitive damages.
WHEREFORE, plaintiff prays that this Honorable Court will
award punitive damages in favor of the plaintiff and against
defendants Charles A. Chase and Marie Chase in an amount in excess
of $10,000.00, plus costs and attorney's fees as the law may allow.
COUIn' IV
KcCOUICK v. JACK cavaD RDLTORS
IB 'l'ORT
36. Paragraphs 1 through 35 are incorporated herein as if set
forth at length.
37. Defendant Jack Gaughen Realtor either knew or had reason
to know of the existence of these materill defects which its
principal, defendlnts Charles A. Chase and Karie Chase failed to
disclose to plaintiff.
38. Defendant Jack Glughen Realtor negligently allowed its
principal, Charles A. Chase and Marie Chas. to make these
misrepresentation. to the detriment of the plaintiff.
39. Defendant Jack Gaughen Realtor either neqliqently or
intentionally induced the plaintiff to .ettle on the property at
..ttle..nt de.pite evidence of wlter proble.. in the form of the
vet carpet. Defendant Jack Cluqhen Realtor knew or had rea.on to
know that ita principal, CharI.. A. Chas. and Marie Chase were
misrepresenting the actual condition of the property which was the
subject of sale to the plaintiff.
WHEREFORE, plaintiff prays that this Honorable Court will
enter judgment in favor of the plaintiff and against the defendant
Jack Gaughen Realtor in an amount of $12,843.00, plus additional
damages if discovered by the plaintiff.
COURT V
MoCORMICK v. JOHN GLIBI, INC., REALTOR
IN TORT
40. Paragraphs 1 through 39 are incorporated herein as if set
forth at length.
41. Defendant John Glise, Inc., Realtor either knew or had
reason to know of the existence of these material defects which its
principal, defendants Charles A. Chase and Marie Chase failed to
disclose to plaintiff.
42. Defendant John Glise, Inc., Realtor negligently allowed
its prinCipal, Charles A. Chase and Marie Chase to IIIAke these
misrepresentations to the detriment of the plaintiff.
43. Defendant John Glise, Inc., Realtor either negligently or
intentionally induced the plaintiff to settle on the property at
settle.ent despite evidence of water problells in the forI! of the
wet carpet. Defendant John Glise, Inc., Realtor knew or had reason
to know that its principal, Charles A. Chase and Marie Chase were
lIisrepre.enting the actual condition of the property which wa. the
subject of elle to the plaintiff.
WHEREFORE, plaintiff prays that this Honorable Court will
enter judgment in favor of the plaintiff and against the defendant
John Glise, Inc., Realtor in an amount of $12,843.00, plus
additional damages if discovered by the plaintiff.
COUNT VI
McCORMICK v. JOHN GLISB, INC., REALTOR
IN CONTRACT
44. Paragraphs 1 through 43 are incorporated herein as if set
forth at length.
45. Plaintiff employed the services of John Glise, Inc.,
Realtor as the plaintiff's agent for the purpose of locating and
purchasing a residence.
46. Defendant John Glise, Inc., Realtor, in its role as the
agent for the plaintiff located the premises which is the subject
of this litigation and assisted plaintiff in the purchase of this
property.
47. Defendant John Glise, Inc., Realtor is in the business of
buying and selling residential homes, and was or should have been
aware of the existence of evidence of serious and material defects
in the wlY of water problems as to the property in question.
48. Despite this knowledge defendant John Glis., Inc.,
Realtor, negligently induced the plaintiff to ignore those problems
and proceed to the purchase of the premises.
49. Plaintiff relied upon the experience and elCpertise of its
agent, John Glise, Inc., Realtor, and followed through with the
purchase of this pr~rty due to her reliance upon this defendant.
WHEREFORE, plaintiff prays this Honorable Court will enter
judqment in favor of plaintiff and against defendant John Glise,
Inc., Realtor in an amount of $12,843.00 plus costs and attorney's
fees.
COUJIT VII
HcCORKICK v. YINGST ENGINBERS
IN CONTRACT
SO. Paragraphs 1 through 49 are incorporated herein as if set
forth at length.
51. Defendant Yingst Engineers, negligently performed its
duties under the contract entered into between the plaintiff and
defendant Yingst Engineers.
52. The defendant Yingst Engineers, breached its agreement in
that it failed to properly inspect the premises and report defects
to the plaintiff under the terms of its agreement with plaintiff.
53. In reliance upon the report prepared by defendant Yingst
Enqineera, the plaintiff proceeded to purchase the property without
knowledge of the nUllerous serious and material structural and
mechanical defects within the property.
WHEREFORE, plaintiff seeks damages aqainst defendant Yingst
Enqineers in an amount equal to the costs of repairs which is
$12,843.00, plus any Idditional costs of repairs required which
plaintiff incurred as a result of def.ndant's brelch of its
contract. Plaintiff also se.ts court c04ts and attorney's r..s and
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the usual purposes in a residential real estate transaction and
that a written report of same be provided to Plaintiff.
8.
ADMITTED IN PART.
The inspection was to include a
structural and mechanical inspection of the property, including the
matters included in the written report provided to the Plaintiff
and on the terms and conditions outlined therein.
9. ADMITTED IN PART, DENIED IN PART. It is admitted that
Defendant Yingst provided a report and stated that the structural
system was in good condition.
It is denied that the report
indicated that there was no wood damage. To the contrary, the
report advised Plaintiff that there was evidence of moisture and
seepage in the lower level and crawl-space of the property, that
water stains were found at the joint between the floor and wall in
the crawl-space, that water stains were found on panelling in the
lower level and that because of the finished nature of the lower
level, as well as other factors, a complete investigation could not
be completed nor could the full extent of the problem be determined
since not all areas were accessible. The report will speak for
itself.
10. - 18. DENIED. After a reasonable investigation, Defendant
I Yingst is without knowledge or information sufficient to form a
h
li belief as to the truth of said averments. It is believed and
Ii
Ii therefore averred that, lublequent to performing the inlpection and
II
!i providing the written report, Plaintiff did not contact Defendant
"
li
" Yinglt in regard to any matters pertaining to the written report or
H
,.
U pertaining to preparation for .ettlement, other than one inquiry to
the engineer who conducted the inspection and who emphasized to
Plaintiff the contents of the report. Defendant Yingst did not
attend or participate in the settlement in any way.
19. DENIED. It is specifically denied that Plaintiff relied,
or could have relied, reasonably upon the inspection report, or any
other information from Defendant Yingst, in agreeing to accept an
allowance and/or to conclude settlement. Plaintiff did not consult
with Defendant Yingst in preparation for settlement and, although
plaintiff, or her agent, called Defendant Yingst during the
settlement seeking more information about the water problem, none
of the engineers were available and no advice was given at that
time. Defendant Yingst could not and did not advise plaintiff in
any way regarding her accepting an allowance or concluding
settlement. By way of further answer, if Plaintiff relied upon the
report, then she knew, or should have known, that there were
problems which were mentioned in the report and which required
further investigation, and having failed to take heed of the
content of the report, Plaintiff chose to proceed at her own risk
and to her own detriment.
20. ADMlT1'ED IN PART, DENIED IN PART. It is admitted that
after settlement Plaintiff was able to take possession, perform
1
I more thorough inspections, and determine more fully, with the
~assi.tanCe of Defendant Yingst and perhaps others, the extent of
1\ the problem and damage, Defendant Yingst perfor1l\i!d a reinspect 10n
Ii subsequent to settlement and provided to plaintiff a written report
'1
\1 based upon that ninspect1on, It is specificallY denied that
1\
n
it
\,.
i
1".
Defendant Yingst led Plaintiff to believe that its inspection and
report did or could, when provided, determine the extent of the
water problem. To the contrary, it is averred that the inspection
report correctly and accurately advised Plaintiff that a problem
existed and that the extent of the problem could not be determined
due to the facts, factors and circumstances detailed in the written
report, The remainder of this averment is denied in that after
reasonable investigation, Defendant Yingst is without knowledge or
information sufficient to form a belief as the truth thereof, and
proof thereof, if relevant, is demanded at the time of trial.
21. DENIED. This averment is denied as a conclusion of law
to which no responsive pleading is required.
22.-24.
DENIED. These averments are deemed denied as ones
to which no responsive pleadings on the part of Defendant Yingst
are required.
25. DENIED.
After a reasonable investigation, Defendant
Yingst is without knowledge or information sufficient to form a
belief as to the truth of said averment and proof thereof, if
relevant, is demanded at the time of trial.
!
II
d
~i
~I-
H
'I
1\
\,
1,
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(','()WII I
-=COralc:k T. Cbarl.. _d _d. Cba..
III Tort
:a . .2<) .
DENIED. Theile averments are denied aa ones to which
n
;, no responsive pleading on the part of Defendant Yin<jSt
.,
h
':1
ia required,
COtlHT VI
MCCormick v. John Glise, Inc., Realtor
In Contract
44.-49,
DENIED. These averments are denied as ones to which
no responsive pleading on the part of Defendant Yingst is required.
COURT VII
MCCormick v. Yingst Bngineers
In Contract
50. ADMITTED IN PART, DENIED IN PART. Paragraphs 1 through
49 are incorporated by reference herein.
51. DENIED. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that an answer is
required. Defendant Yingst specifically denies that it performed
any task or duty, contractual or otherwise, in a negligent manner.
52. DENIED. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that an answer is
required. Defendant Yingst specifically denies that it breached any
part of its agreement to provide to Plaintiff an inspection and
written report. To the contrary. it is averred that Defendant
Yingst performed each and every of its duties and contractual
I obligations in accordance with its undertaking and provided a full,
, complete and accurate report al required.
~ 53. DENIED. It is specifically denied that Plaintiff relied,
1\ or could haw relied, realonably upon the inapection report. or lIny
Ii
It
I'
I.
other information from Defendant Yingst, in agreeing to purchase
the property and conclude settlement. Defendant Yingst provided to
Plaintiff a full, complete and accurate report and Plaintiff did
not consult with Defendant Yingst in preparation for settlement
and, although Plaintiff. or her agent, called Defendant Yingst on
the date of settlement and during the settlement seeking more
information about the water problem. none of the engineers were
available and no advice was given. Defendant Yingst could not and
did not advise Plaintiff in any way regarding her accepting an
allowance or concluding settlement.
WHBRBFORE, Defendant Yingst demands that Plaintiff's claim for
damages, court costs, attorney's fees. and other relief be denied
and that judgment be entered in its favor.
... D'l'TD
54. Plaintiff is estopped from claiming any reliance on
Defendant Yingst's inspection or report in as much as Plaintiff did
not respond to said report. did not consult further with Defendant
Yingst regarding further investigation, an allowance or sett.lement,
and did not take any steps or measures to proceed in accordance
t
II with the recommendations set forth in said report.
II ISIS. Plaintiff is estopped from claiming damages against
l'
,t
11 Defendant Yingst after having acknowled9ed that the property was
not in satisfactory condition a. a result of water infiltration and
in th.n proceeding to accept an allowance and to conclude
settlement.
56. The damages claimed by Plaintiff were caused in whole by
Plaintiff's negligence in proceeding to take title to the subject
premises when Plaintiff knew. or had reason to know, of the
defective condition(s) as pointed out to her by Defendant Yingst's
inspection and report.
57. The Plaintiff assumed the risk of the defects alleged in
the Complaint by proceeding with settlement.
58. Plaintiff's acceptance of an allowance and proceeding to
conclude settlement operates as an accord and satisfaction as to
any and all damage alleged in the Complaint.
WHEREFORE. Defendant Yingst demands judgment in its favor.
CJlOSSCLADIS PUUUAJn' '1'0 PA ..C.P. RO. 2252 (dl
COUIIT I
YiDast WftftiD..rs Y. Charl.s A. ADd Kari. Chas.
59. In the event that Plaintiff was damaged as complained of
in her Compllint, which is denied, then Plaintiff's damages were
the result of the acts and omissions of Defendlnts Charles A. and
Marie Cha.. as set forth in paragraphs 26 through 35 of Plaintiff's
i Complaint, which are incorporated for reference herein only, but
'j
Ii neither admitted or denied, except al let forth above.
II
"
Ii WHEREFORI. Defend"nt Y1119lt En9inMn d.-nds that Defendant
II Ch.Irles A, and Marie C'h.1le be found aolely liable to Plaintiff;
p
that they be found jointly and severally liable. or that they be
found liable over for contribution and indemnification.
COURT II
Yinast Bnaineers v. Jack Gauahen aealtor
60. In the event that Plaintiff was damaged as complained of
in her Complaint. which is denied. then Plaintiff's damages were
the result of the acts and omissions of Defendant Jack Gaughen
Realtor as set forth in paragraphs 36 through 39 of Plaintiff's
Complaint, which are incorporated for reference herein only, but
neither admitted or denied. except as set forth above.
WHEREFORE. Defendant Yingst Engineers demands that Defendant
Jack Gaughen Realtor be found solely liable to Plaintiff; that they
be found jointly and severally liable, or that they be found liable
over for contribution and indemnification.
C.WIII III
Yiaa.t ~iDear. v. 3fthft Oli... Inc.. .ealtor
61, In the event that Plaintiff was damaged as complained of
I in her Complaint. which is denied, then Plaintiff'. damages were
II the result of the acts and omissions of Defendant John Glhe, Inc.,
Ii Realtor .. set forth in paragraphs 40 through 49 of Plaintiff'liI
II
ncamplaint, which are incorporated for reference herein only, but
H
II
l' neither ~itted or denied, except .s set forth above.
"
"
Ii WHDIFORI. Defendant Yingst Enqintlen delll/lndl that Defendant
1;
Ie
RHONDA McCORMICK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
v.
NO. 96-4982 CIVIL TERM
CHARLES A. CHASE and
MARIE CHASE, his wife,
YINGST ENGINEERS,
JACK GAUGHEN REALTOR and
JOHN GLISE, INC., REALTOR
Defendants
.
.
.
.
.
.
.
.
: CIVIL ACTION - LAW
REPLY TO '1'JIB US....R WITH IlBW IIATTBR
AND CROSS-CLAIKS OF DBFBKDAHT JOKH GLISB, IRC.
54. Denied. This allegation is a conclusion of law to which
no responsive pleading is required.
To the extent that this
allegation is not a conclusion of law the plaintiff replies that
she was induced by defendant Glise, and/or its' agent, to complete
this transaction despite evidence of water seepage into the
property. By way of further answer, it is averred that defendant
Glise was not an agent of seller and therefore defendant Glise
cannot rely on paragraph 16 of the Sales Agreement.
55. Denied. Plaintiff was not negligent in proceeding to
take title under the conditions that existed at the pre-settlement
inspection since plaintiff'S decision to proceed was based upon her
reasonable reliance on misrepresentations made by each of the
defendants.
56. Admitted in part, denied in part. It ia admitted that
plaintiff had knowledge of aome water infiltration, but no
knowledqe of the extent of the water infiltration into the 1'10".
By way of further answer plaintiff avers that the defendants Chase
had full knowledge of the extent of the water infiltration and that
with such knowledge the d.fendants Chase actively concealed from
the plaintiff the ext.nt of the water problem and/or misrepresented
to plaintiff the ext.nt of the water problem. To the extent that
the wat.r problem was conc.aled from the plaintiff it was in part
concealed from the home inspector.
57. Admitt.d in part, denied in part. It is admitted that
plaintiff acc.pted $500.00, but it is denied that plaintiff was
advised that sh. had the right to declare the agreement null and
void and it ia furth.r deni.d that the acceptance of the $500.00
credit waa with knowl.dge of the extent of the water infiltration
problem. By way of furth.r answer, defendant Glise and/or its'
agent encouraged plaintiff to accept the $500.00 and not to declare
the Agre...nt null and void.
51. Denied. This allegation is a conclusion of law to which
no responsive pleading is required. To the extent that this
allegation is not a conclusion of law plaintiff denies that the
home inspection she contracted for would act as an authorization
for defendants to ..ke aisrepresentations concerning serious and
dangeroue defects in the property.
59. Denied. Thie allegation is a conclusion of law to Which
no responsive pleading is required. For the reasons set forth
previously plaintiff is not estopped from pursuing her ceuaea of
action.
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RHONDA McCORMICK, .
.
Plaintiff .
.
.
.
v. :
.
.
CHARLES A. CHASE and .
.
MARIE CHASE, his wife, .
.
YINGST ENGINEERS, .
.
JACK GAUGHEN REALTOR and .
.
JOHN GLISE, INC., REALTOR .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4982 CIVIL TERM
CIVIL ACTION - LAW
REPLY TO '1'JIB IlBW IIATTBR Sft FORTH IR
DBFDlDAIlT CRITBRIUK-YIRGST DGIRBBRS, IRC.'S US....R
AND NOW, comes the Plaintiff, by and through her attorney, R.
Mark Thomas, Esquire, and files this Answer to the New Matter set
forth by Defendant Criterium-Yingst Engineers, Inc.
54. Denied. This allegation is a conclusion of law to which
no responsive pleading is required and therefore same is denied.
By way of further answer, Plaintiff did consult with Defendant
Criterium-Yingst Engineers between the time that the first report
was completed and the settlement occurred, but she was led to
believe by the Defendant and/or its agents that there were no
serious problems with the property.
55. Denied. This allegation is a conclusion of law to which
no responsive pleading is required and therefore same is denied.
By way of further answer, to the extent that Plaintiff accepted an
allowance to conclude the settlement, Plaintiff'a acceptance va.
baaed in Whol. or in part upon the repr.s.ntatlona aade by
Criterium-Yingst Enqineera in their raport and by telephone.
56. Denied. This .lleqation ia a conclusion of law to Which
no r..poMlve pl..dinq ia required and ther.fore .... 18 denied.
..
RHONDA McCORMICK, :
Plaintiff .
.
.
.
v. .
.
.
.
CHARLES A. CHASE and .
.
MARIE CHASE, his wife, .
.
YINGST ENGINEERS, :
JACK GAUGHEN REALTOR and .
.
JOHN GLISE, INC., REALTOR .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4982 CIVIL TERM
CIVIL ACTION - LAW
REPLY TO '1'JIB ... IIATTBR USBRTBD IN
DBFDlDAIlT8 CDP'... A. CD8B AND IIARIB CD8B'8 US....R
54 . Admi tted.
55. Admitted.
56. Admitted.
57. Admitted in part, denied in part. It is admitted that
the plaintiff executed the Addendum attached to defendants' New
Matter as Exhibit "C".
However, it is denied that plaintiff
executed this Addendum with full knowledge of the extent of the
water probl_ and it is further averred that the lack of
plaintiff's full knowledge of the extent of the water problea vas
due to defendants' .isrepresentations to plaintiff.
51. Admitted in part. denied in part. It is admitted that
plaintiff had diacovued a wet carpet but it is denied that
plaintiff had discovered evidence of the seriousneaa of the problea
at the ti.. ahe alqned Exhibita "A" and "B" of defendant.' Hev
Matter.
59. Admitted in part, denied in part. It is admitted that
plaintiff alqned the Pre-Settle..nt Walk-Through Inspection fo~
hovever it I. denied that plaintiff aiqned thia docu..nt with full
.
knowledge of the extent of the water infiltration problem and it is
further averred that plaintiff's lack of knowledge concerning the
full extent of the water infiltration problem was due to active
concealment of the problem by the defendants and misrepresentations
made to plaintiff by the defendants.
60. Denied. The answers to the paragraphs set forth in the
Complaint and the replies to the previous paragraphs of this
defendants' New Matter clearly show that plaintiff was induced to
sign these exhibits due to the actions and statements of defendants
Chase.
61. Admitted in part, denied in part. It is admitted that to
a certain extent the defects alleged were patent, but to the extent
these defects were patent the defendants had actively sought to
conceal the extent of the defect. By way of further answer, the
defect concerning the grading of the surrounding ground being too
high was a latent defect which defendants Chase were aware of and
which they failed to advise plaintiff when she inquired as to the
water infiltration problem.
62. Denied. For the reasona set forth previously herein
plaintiff denies thia allegation and claims that her reliance was
juatified under the circum.tance..
6]. Denied. This allegation is a conclusion of law to which
no responaive pleading is required.
64. Denied. Plaintiff did not ..su.. the riak of the defecta
ina.much aa the defendanta concealed the deCecta and aisrepresented
to plaintiff the axtent or any derecta that were dlscov.~ by
plaintiff.
65. Denied. Plaintiff's agreement to remove the home
inspection contingency was based upon misrepresentations made to
her by the defendants and therefore plaintiff could not have
assumed the risk of things unknown to her.
66. Admitted in part, denied in part. It is admitted that
plaintiff accepted the $500.00 credit, however it is denied that
plaintiff knew of the full extent of the repairs that would be
necessary to correct the water infiltration in the basement and it
was the misrepresentations made by defendants Chase that caused
plaintiff to not be aware of the full extent of the defects.
67. Denied. This allegation is a conclusion of law to which
no responsive pleading is required and therefore same is denied.
68. Admitted in part, denied in part. It is admitted that
CriteriumjYingst Engineers did a home inspection, but to the extent
that the defendants claim the inspection was complete the plaintiff
avers that it was not a complete property inapection for the
reasons set forth in the home inspection report. Also, due to
actiona of the defendanta Chase to conceal defects the defendants
Chase prevented eriter1umjYingst Engineers from conducting a
complete property inspection.
69. Denied. Plaintiff must rely upon the inspection report
prepared by eriteriumjYingst Engineers, and to the extent that the
inspection did not include an exaaination of all crawlspaces and
all areas alleqed to contain defecta by the plaintiff, plaintiff
aust rsly upon crlterlumjYingst Engin_rs for thia information. To
the extent that plaintiff is without sufficient knowledge or
information to reply completely to this paragraph plaintiff denies
the allegations of the paragraph and demands strict proof thereof
at time of trial.
70. Denied. The wood infestation inspection requirement as
set forth in Exhibit "E" to defendants Chase Answer and New Matter
does not by its terms except the crawlspaces.
71. Admitted.
WHEREFORE, Plaintiff prays that this Honorable Court will
enter judgment in favor of plaintiff and against defendants Chase.
U81I1lR TO CIlO88CLaIKS PU1UIUAft TO Pa...C. P. 2252(d)
CKl.T~8 ARD IlARII CBASI v. JOHN GLISI, I.C.
72. - 78. This averment is deemed denied as one to which no
responsive pleading on the part of plaintiff is required.
U.... TO c.oaaCLaIIC PVJl8UAft TO Pa.R.C.P. 2252(d)
CJIa.T.'. ARD IlARII CDSI v. JACK GAUGHI. RBALTOR
79. - 81. This averment is deemed denied as one to which no
responaive pleading on the part of plaintiff is required.
...... TO c.oaaCLA1M PU1UI~ TO Pa.R.C.P. 2252(d)
<:n,-U!. ARD MUll CDSI ". YII1CJ81' IIICJIDIU
12. - 15. This averment ia deeaed denied as one to which no
..
I
responsive pleading on the part of plaintiff is required.
Respectfully submitted,
x?4IU~
R. Mark Thomas, Esquire
Attorney for Plaintiff
54 E. Main street
Mechanicsburg, PA 17055
(717)697-4650
1.0.' 41301
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16. Admitted In p.n. Denied In hn. That Jack Gaughen Realtor conveyed the offer of the
$500.00 carpeting allowance is admitted. The remainder of this averment is denied in that Jack Gaughen
Realtor neither knew nor had reason to know that the problem extended beyond that which would
adequately be compensated by the $500.00 carpeting ellowance.
17. Denied. On the contrary. Plaintiff was advised by John Glise, Inc. not to accept the
carpeting allowance.
18. Denied. On the contrary, Jack Gaughen Realtor made no representations other than to
convey the offer of the $500.00 cerpeting allowance.
19. Denied. After a reasonable investigation, Jack Gaughen Realtor is without knowledge or
information sufficient to form a belief as to the truth of said averment.
20. Denied. It illpecifically d.nied that J.ck Gaughen R..ltor le.d Plaintiff to beli.ve .nything
about the extent of any water condition or problem. On the contrary, all thet J.ck Geughen Reeltor did
was to convey the offer of the .500.00 carpeting anowance. The remainder of this everment il denied
in th.t afte' e reasonable inveltig.lion, Jack G.ughen Re.ltor is without knowledge or inform.tion
sufficient to fOfm . belief .s to the truth thereof.
21. DenIed. Thil .vermant is deemed denied II e conclusion of law to which no responsive
p1eeding is requited.
22. DM1Id. It is speciflc,Ry d.nied thet J.ck G.ughen ReeltOf knew Of had re.lon to know of
.ny condition other then thet which would have been edaquetely compenllted by the noo.oo cerpeting
allowance. Jack G.ughan ReeltOt only learned of that condition et settlement. It is speciflcaUy denied
that J.ck Oeughan Reeltor knew Ot had reason to know of the defects claimed in paragraph 20 of
Plaintiff's complaint.
23.24. D...4. These 1'oI8t'ftl8nt. are deemed denied II one. to whlct\ no relClOftSive
IH'~ on the P*t of Jack Geugtlen "eeltOt it ,...wed.
at settlement. which wes believed to heve been edequately compensated by the .500.00 carpeting
ellowence.
38. D.nled. It is specifically denied that Mr. and Mrs. Chase made any representations and that
Jack Gaughen Realtor negligently allowed them to do so. On the contrary. it is believed. and therefore
everred. that Defendants Chase disclosed all conditions of which they then knew or had reason to know.
39. Denied. It is specifically danied that Jack Gaughen Reeltor induced Plaintiff to settle or that
it knew or had reason to know that Mr. end Mrs. Chese were misrepresenting the condition of tha
property. On the contrary. Jack Gaughen Realtor did not know or have reason to know of any
misrepresentations. and the only inducement to settle was made by Mr. and Mrs. Chase in giving Plaintiff
a $500.00 carpet allowance.
WHEREFORE. Jack Gaughan Realtor demands judgment in its favor.
COUNT V
McComrlck v. John Oh.. Inc.. Rultrx
In Ton
40-43. DetWd. These everments are deemed denied 81 one. to which no re.ponsive
pleading on tha pert of Jeck Gaughan Realtor is required.
COUNT VI
McCourtkk v. John GIla. Inc.. RNltrx
In COIIt,.r:t
44-49. IMw4. The.. lverments are deemed denied I' ones to which no reapona/Ye
pIelding on the part 0' Jack GaUQhan "ealtor i. required.
PRE.SETTLEMENT WALK-THROUGH INSPECTION
This form recommended and approved for, but not restricted to, use by members of the Greater Harrisburg
Association of REALTORS~.
DATE.OF SALES AGREEMENT, . -!'/t;;: -;q9~
RE: PROPERTY: l(ll . ~;/,./ --??J..U!--/' d. /7t:?5..5-
SELLER(S): /!,f t'21~-" BUYER(S):
The undersigned Buy:r(s) have cO~PletelY Inspe~ted the above.captioned pro~~~~
, ? ,19~, accompamed by t/.'/ 1f have determlOea
to their atisfaction that the property was In substantially the s me condition as it was at the time of execution
of the Agreement of Sale.
The Buyer(s) acknowledge that all non. real estate extras as outlined In the Agreement of Sale were on the
premises at the time of Inspection and all fixtures were In place and functioning.
The following items were noted as NOT being in satisfactory condition but were accepted In "AS IS" condition,
(Indicate if "NONE" .) The Buyer(s) have received copies of all required certifications and inspections and un.:ler.
stand that non warranties are included unless specifically indicated on the wrillen report. All terms and
conditions In the Agreement of Sale have been satisfactorily met.
The following items were noted as NOT being in satisfactory conditign and NOT ACCEPTED by Bl,Iyer(s).
Agreement for resolution Is as follows: ~ ~ qs 00 ,80 ~-U~
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,^-W CL~~~IR~~ (l':!-'i
In the case f an FHA insured or VA guara eeef purchase, this certificati,n shall neither supersede nor supplant
the requisite pre.settlement inspection certification but shall supplement same.
Buyer(s) warrants that they are not relying upon any representation made by Seller, Agent or Broker. and herc~j'
releases, quit claims, and forever discharges, Seller(s), Seller(s)' Agents, Subagents, employees, and any of/icer
or partner or anyone of them and any other person, firm. or corporation, who may be liable by or through
them. from any and all , losses, or demands, Including personal Injuries, and all of the consequences
thereof, where 0 not, which may arise due to the condition ofth~ subject pr4:& . /.
Witnes: . BUyer:~'~' --rn<..r:.- . ..J Dat/l' 1tf!-
Witness: Buyer: Date.
Seller(s) have been advised of the results of Buyer(s) Inspection and agree to exceptions or resolutions
noted herein.
Witness: Seller: ~1fL' Date: .J/,zt/96'
Witness: Seller: ,~ 1JE.h. CL~ Date: 3h9/ift.
J/ L,,~ .!,.fi,..t a,/",Ad,r3C
INSPECTION WAIVER
(Compl.t. thll secllon ONLY If Inspecllon II waived by the Buyer(s))
I (We). the undersigned Buyet(s) 01 the above captioned pl'operty. haw been advised of our right to a pre.
settlement Inspection. We h.reby decline and walw our right to such Inspection and 1Il. benefits thereof and
hereby r,least, quit claim, and forever discharg.. Selltt(s), Seltet(s)' Agents, Subagents, employees. and any
ollicer or partner or any on. ofth.m and any other person, firm. or corporation, who may be Habit by or tlvough
them, from any and an claims. IOSSIS, or demands, including personallnjurils. and an of the consquences
thereof. where now known or not, which may arise du.lo the condition of the subject pl'operty.
W.tness: Buyer: Date:
W.tMSS _._._____ Buyer: _ O.le:
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RHONDA McCORMICK,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4982 CIVIL TERM
CHARLES A. CHASE and
MARIE CHASE, his wife,
YINGST ENGINEERS,
JACK GAUGHEN REALTOR and
JOHN GLISE, INC., REALTOR
Defendants
CIVIL ACTION - LAW
REPLY TO ANSWER OF DEFENDANT JACK GAUGHEN REALTOR
AFFIRMATIVE DEFENSES
54. Paragraphs I through 53 are incorporated by reference
herein.
55. Admitted in part, denied in part. It is admitted that
plaintiff executed the pre-settlement walk-through inspection form
and that plaintiff received a $500.00 carpeting allowance.
However, it is denied that plaintiff's acceptance of the $500.00
carpeting allowance and the execution of the pre-settlement walk-
through inspection form relieves defendant of liability.
Plaintiff's execution of the pre-settlement walk-through inspection
form was based upon misrepresentations which had been =ade to her
and therefore the inspection form cannot operate against her.
WHEREFORE, plaintiff demands judgment in her favor.
REPLY TO CROSSCLAIKS FILED BY
DEFENDANT JACI GAUGHEN REALtoR
COUNT I
JACI GAUGHE. ~toR v. CHARLSS A. AND MARIE CKAlE
56. Denied. This averment is deemed denied as one to which
no responsive pleading on the part of plaintiff is required.
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9. Denied. It is believed and therefore averred that Defendant Yingst prepared a report
that was in excess of five pages long and which indicated, among other things, that there was
evidence of moisture and seepage in the lower level and crawlspace of the property; that water stains
were found at the joint between the floor and wall in the crawlspace; that water stains were found on
paneling in the lower level; and that because of the finished nature of the lower level, a complete
investigation could not be completed.
10. Denied. Defendants Chase agreed to permit the Plaintift"to make an inspection of the
propaty several days before dosing. Defendants Chase, however, had not vacated the property and
were under no obligation to do so. Plaintiff'refused to conduct an inspection because Defendants
Chase were in possession of the property and their personal property remained in and about the
premises Plaintiff did conduct I pre-sett1ement walk-through inspection on March 29. 1996 prior
to the time of settIcment.
II. Admitted
12. Denied. PlaintitTwu not limited in time or manner in the inspection she conducted
prior to settIcment by any party to this action or by any other penon. entity or condition
IJ. Denied Plainlift'wu advised by Becky Gilmore, the licensed real estate ulapenon
.Mliated with Dmndant G1ise.. that the clampnesslwater problem appared to be chronic and that the
safest aw.uidllOr .,.,.ltiff'wu to rdbse to tlb title until the cause oCthe problem and applopriate
remediatioft could be ddcnnincd
2
14. Denied. It was the advice of Defendant Glise's salesperson, Becky Gilmore, that
Plaintiff not take title until the nature of the problem and remediation and payment for remediation
could be determined. It is further averred that Plaintiff was in receipt of a complete copy of the
inspection report completed by Defendant Yingst which referred, iD1U lilia, to water infiltration on
a lower level. Additionally, Plaintiff relied on the representation of Defendants Chase with respect
to the water condition. Plaintiff executed an Agreement of Sale wherein she acknowledged that she
had agreed to purchase the property as a result of her own inspection and not in reliance upon the
representations made by the seller or the agents involved. ( See Paragraph 16 of the Agreement of
Saleattaehed to PlaintitfsComp1aint as Exhibit ~A~.) It is further averred that a tdephone call was
made to Defendant Ymgst on the date of settlement for the purpose of determining if any further
information could be determined as to the cause of the water infihration. It is averred that the
Plaintiff relied on the information provided by Defendant Yingst It is further averred that after the
pre-settlement walk .through. that Becky Gilmore called the selling agent affiliated with Defendant
Gaughen to advise of the wet carpet and to seek further information regarding its cause and possible
remediation At settlement Defendant CbarIes Chase ad\1sed that he had never had a problem
invoMng water.
I S Denied Defendant Marie Chase did not attend sett\ement Bedy GilrtlOl'e
accompanied Plaintiff from the settlement room and Defendant 01ise is without b\ow!edp or
information suftkicnt to form an IIISMf with respect to what orolI'Rd wilile Plaintiff and IJed;y
GiImort were OIltside of the settlement room
1
16. Admitted in part. Marie Chase was not in attendance at settlement. It is believed and
therefore averred that ssoo was olfered by and on beha1f of Defendants Chase but was communicated
by Defendant Gaughen. It is further averred that the olfer was for purposes of offsetting the cost of
water-proofing to be undertaken by Plaintiff subsequent to settlement. Admitted that Defendant
G1ise. by and through its salesperson, Becky Gilmore, did not advise Plaintiff of the extent of water
problem inasmuch as Defendant Glise and Gilmore were unaware of the extent of such problem.
Rather. it is averred. that Defendant Glise by and through its salesperson Gilmore. advised Plaintiff
not to take title until she was satisfied that she had a thorough understanding of the condition of the
property.
17. Denied for reasons specifically averred aforesaid.
18. Denied. It is averred that Plaintiff proceeded with the sett1ement on her own acc:ord
and not in re1iance on any representation of answering Defendant. Answering Defendant
incorporates its previous answers as though set forth here at length.
19. Admitted in part. It is believed and therefore averred that Plaintiff was in possession
of the Vi. report which made refel encc to WIler infiltration and that she made her decision to
accept the SSOO subsequent to reviewing said report.
20. Admitted in pId It is admitted that Plaintiff moved into the midence subsequent to
settlement Answerina Defendant did not. on iu own or adina throu&h any qent or ~son.
reprcstllt the natunl of the COlIdirion or the ClItent of said condition and therefore denies that
Plaintift"s ~cted . condition that ""... pater than represented by ~eldla Defendant The
..
remaining avennents of Paragraph 20 are denied inasmuch as Answering Defendant is without
knowledge or infonnation sufficient to fonn a belief as to truthfulness of said avennents.
21. The allegations set forth in Paragraph 21 are conclusions of law to which no answer
need be made. To the extent that an answer is required. Answering Defendant avers that it, by and
through its salespersor.. Becky Gilmore. disclosed those serious and dangerous conditions which were
known to her, or which could have been known by exercise of reasonable care.
22. Denied. It is specifically dalied that Defendant Glise knew or had reason to know of
any condition that was not called to the attention ofPlaintilf. It is specifically averred that Defendant
GIise, acting through its salesperson, Becky Gilmore. advised Plaintiff that it would be best not to
settle until Plaintiff could determine the extent of the condition and the nature of remediation that
would be required.
23-24. These an.1l01ls are denied inasmuch as they are directed to a defendant other than
Answering Defendant.
2S After reasonable investigation, Answering Defendant is ~ithout knowledge or
information IUfIicient to form a belief as to the truthfulness of the averments of Paragraph 2S of
Plaintitra Complaint and the same are thereby denied.
26-29 Denied These averments are deemed denied as ones to which no response of
P'~~ on the pan ofDdendant G1ise is required
J().)} Denied These Ilermc:nts are deemed denied as ones to \\-tidI no response of
~ I ~ 11Ima on tht pan of Deftndant Glise is requiftd
5
34-35. Denied. These avennents are deemed denied as ones to which no response of
pleading on the part of Defendant Glise is required.
36-39. Denied. These averments are deemed derjed as ones to which no response of
pleading on the part of Defendant Glise is required.
40. Admitted in part. Denied in part. Paragraphs I through 39 hereof are incorporated
by reference herein.
41. Denied. Defendants Chase were not the principals of Defendant Glise By way of
further answer. nather Defendant G1ise nor its affiliated salespersons. knew or had reasons to know
of the existence of any condition that was not disclosed to Plaintiff in advance of settlement. At all
times relevant hereto, Defendant Glise acted in a reasonable: and competent manner in determining
and disclosing material conditions regarding the property and which were: known or knowable by a
real estate: licensed broker/salespenon with expertise in marketing real property
42 Denied. Defendant GIisc: was not the qent for Defendants Chase, did not reprac:rlt
Defendants Chase.. nor entered into any relationship with Defendants Chase. At all times relevant
hereto. Answering Dd"c:ndant ploperly comnamicated the rqnsc:ntations made: by Defendants Chase.
funhc:rmoR, Answcrin. Defendant communicated Plaintift'" s inquiry about water infiItntion to
Defendants Chue and souaht a response from said Defendants pertainina to their knowledae of any
such condition
U Dmied As Slated before and '"'" specUkity. ANwtrina Dc:fcndaN did not induce
Plaintiffs to scttIt but ratll<< adviHd Ptaintifft that the bell COWM olldiQa Mt to COfttilue
fl
settlement until the nature of the condition and the facts concerning remediation could be determined.
Furthennore. Answering Defendant referred Plaintiff to Defendant Yingst who had greater expertise
in determining the nature of the infiltration and the means of remediation and upon whom Plaintiff
relied for such information. Furthennore. Answering Defendant referred Plaintiff to Defendants
Chase for an explanation of their knowledge and experience with water infiltration and upon whom
Plainti1frelied. Answering Defendant had no knowledge of any misrepresentation made by any other
party to this action and denies specifically misrepresenting any condition known or knowable by it.
44. Admitted in part Denied in part Paragraphs I through 43 hereof are incorponted
by reference herein.
45. Admitted.
46. Admitted in part. Defendants provided information pertaining to residences which
generally satisfied Plaintiff s selection requirements. Answering Defendant provided services in
connection with Plaintiffs intended purchase of the subject property.
47 Admitted in part. It is admitted that Answering Defendant is in the business of
marketing residential real property and in assisting buyers in the acquisition of residential real
Jlfopcrty. It is denied that Answering Defendant has expertise in the examination of real property for
the purpose of detanlinillg serious and material defects and for such rusons Idvises purcbuen. and
in this action, PIaintif( to I obtain home inspection conducted by experts on _'horn purdIuers can
rely
.,
'.
48. Denied. Defendant GIise. acting by and through its salesperson. Becky Gilmore, urged
Plaintiff not to continue her acquisition until she determined the nature of the problem and the nature
of the remediation that would be required. By way of further answer, Answering Defendant sought
information from Defendants Yingst and Chase, which information was communicated to Plaintiff.
and upon which she relied.
49. Denied. Answering Defendant did not represent the nature of any condition and
therefore PIaintiIf did not rely on any such information. To the contrary, Plaintiff'ignored the advice
offered by Defendant GIise and proceeded to accept title in reliance up her own knowledge and/or
belief of conditions, or in the alternative, based upon the information provided by other parties to this
action.
SO-Sl. Daicd. These averments are deemed as ones to which no response of pleading on
the part of Defendant OIise is required.
NEW MATrER
5<4. PlUdl'is ~''t".,d from daimina reliance upon repmaIt~ INICle by Defendant
Glise inasmuch as PIaintift' I epc 4.lCIlted to the contrary in ParJarapb 16 of the Ap"eement of Sale
attached to PIainbft" s Complaint as Exhibit ~ AM
.
55. The damages claimed by Plaintiff were caused in whole by Plaintiffs negligence in
proceeding to take title to the subject premises when Plaintiff knew, or had reason to know, of the
defective condition which the Sellers, Defendants Chase, refused to correct.
56. Subsequent to Plaintiffs receipt ofa home inspection report that placed her on notice
of water infiltration in the subject property, Plaintiff negotiated with Defendants Chase and accepted
a reduction in the purchase price of $500, or a credit of $500, with the express provision that said
sum was to be applied to remediation of the water infiltration problem.
57. Plaintiffs acceptance of the $500 credit referenced in the preceding paragraph was
in lieu of her declaring the agreement null and void as was her prerogative under the integrated
Agreement of Sale.
58. Plaintiff, in negotiating as a term of the Agreement of Sale a home inspection to be
conducted by Defendant Yingst, expressly agreed that she did IIOt place any reliance upon the
representations of Defendant Glise, Defendant Gauglten, and Defendants Chase.
59. Plaintiff is estopped from claiming damages against any party after having
acknowledged that the property was IIOt in satisfactory condition as a result of water infiltration, in
acceprina $500 for the correction of such condition. and in exprasIy denying any reliance upon
representations made by Defendant Glise. Defendant Gauihen. and Defendant Chase. all of which
are set fbrth in the pre-Iettlement WIIk-throuah ..~ fonn attached as Exhibit ~ A-to Defendant
Gaupen's Answer.
9
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RHONDA McCORMICK, :
Plaintiff :
.
.
v. :
.
.
CHARLES A. CHASE and .
.
MARIE CHASE, his wife, .
.
YINGST ENGINEERS, .
.
JACK GAUGHEK REALTOR and .
.
JOHN GLISE, INC., REALTOR .
.
Defendants .
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-4982 CIVIL TERM
CIVIL ACTION - LAW
IIO'1'ICB TO pr.~
To: RHONDA MCCORMICK
c/o R. Mark Thoma., Esquire
54 East Main Street
Mechanicsburg, PA 17055
JACK GAUGHEN REALTOR
3800 Market street
Camp Hill, PA 17011
JOHN GLISB, INC.
3820 Market Street
Camp Hill, PA 17011
YOU ARB HEREBY NOTIFIED to file a written response to the
enclosed New Matter and Croasclaims within twenty (20) days
froa service hereof or a judgment may be entered against you.
Respectfully subaitted,
... ,.--'--,
,
~"
/
( .
...., *l.
Dated: November ..), 1996 By:
152661
oJ"", IIIl'I'JI , DVU11I
134 Sipe Avenue
Huaaelstown, PA 17036
(117) 533-3210
RHONDA McCORMICK, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 96-4982 CIVIL TERM
.
.
.
CHARLES A. CHASE and :
MARIE CHASE, his wife, .
.
YINGST ENGINEERS, .
.
JACK GAUGHEN REALTOR and :
JOHN GLISE, INC., REALTOR .
.
Defendants CIVIL ACTION - LAW
ANSWER wrm NEW MATTER AND CROSSCLAIMS
AND NOW come the Defendants, Charles and Marie Chase, by and
through their attorneys, who assert the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
S. Admitted.
6. Admitted.
7. Denied. After
reasonable inve.tigation, the Def.ndants
Chase are unable to v.rify the truth of the matt.r a...rted and
strict proof th.reof i. demanded at trial.
I. Denied. After reasonable investigation, the Defendant.
Chase are unable to verify the truth of the matter ....rted and
.trict proof thereof i. demanded at trial.
1
9. Denied. After reasonable investigation, the Defendants
Chase are unable to verify the truth of the matter asserted and
strict proof thereof is demanded at trial.
10. Denied as stated. It is specifically denied that
Defendants Chase did not permit Plaintiff the opportunity to
conduct a pre-settlement walk-through. In fact, Plaintiff was
given liberal access to the premises to have a wood infestation
inspection, radon inspection and home inspection performed under
the terms of the parties' agreement.
11. Admitted. Further, neither the Defendants Chase nor a
representative of Jack Gaughen Realtor were present during said
inspection,
12. Admitted in part. It is admitted that Plaintiff inquired
as to the wet carpet at time of settlement. The Plaintiff,
however, had ample time within which to perform a more thorough
inspection and allegations to the contrary are specifically denied.
13. Denied. After reasonable investigation, the Defendants
Chase are unable to verify the averments set forth and strict proof
thereof is demanded at trial.
14. Denied. After reasonable investigation, the Defendants
Chaae are unable to verify the averments set forth and strict proof
thereof is demanded at trial.
15. Denied as stated. At settleaent the Plaintiff atated
that she discovered a wet carpet in the bas.ment. She did not
~
inquire about same. Defendants Chase did discuss giving Plaintiff
a waterproofing credit with Jack Gaughen's agent.
16. Admitted.
17. Admitted.
18. Denied as stated. At the time of settlement, Defendant
Charles A. Chase stated that he had in the past experienced
dampness in the basement. It is specifically denied that
Defendants Chase made any representations as to the matter of which
the Plaintiff now complains, and they therefore deny that Plaintiff
relied upon same. Further, Plaintiff did not accept a $500.00 "wet
carpet allowance", as evidenced by Exhibit "B" attached hereto.
The Plaintiff accepted a waterproofing credit.
19. Denied. After reasonable investigation, Defendants Chase
cannot confirm whether Plaintiff relied on a report of Yingst
Engineers and strict proof thereof is demanded at trial.
20. Denied. After reasonable investigation, the Defendants
Chase cannot confirm the damage alleged and strict proof thereof is
demanded at trial.
21. Denied. The averments contained in paragraph 21 are
conclusions of law to which no responsive pleading is required and
strict proof thereof is demanded at trial.
22. Denied. It is specifically denied that Defendanta Chase
knew or ahould have known of the defects alleqed.
3
23. Denied. The averments contained in paragraph 23 are
conclusions of law to which no responsive pleading is required and
strict proof thereof is demanded at trial.
24. Denied. It is specifically denied that Defendants Chase
made efforts to conceal the condition of the property from the
Plaintiff.
25. Denied. After reasonable investigation, the Defendants
Chase are unable to verify the allegations set forth in paragraph
25 and strict proof thereof is demanded at trial.
COUNT I
McCORMICK v. CJl).DUl8 AND MARIB CHASB
IR TORT
26. No responsive pleading is required.
27. Denied. The averments contained in paragraph 27 are
conclusions of law to which no responsive pleading is required and
strict proof thereof is demanded at trial.
28. Denied. It is denied that Defendants Chase had knowledge
of the defects alleged and intentionally failed to disclose same to
the Plaintiff. strict proof thereof is demanded at trial.
29. Denied. The averment contained in paragraph 29 is a
conclusion of law to which no responsive pleading is required and
strict proof thereof is demanded at trial.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter jud9llent in their favor and against the
Plaintiff .
4
COUNT II
MISREPRESBNTATION
30. No responsive pleading is required.
31. Denied. To the extent that the statement referenced
speaks for itself, any attempt to interpret or characterize same is
denied and proof thereof is demanded at trial. By way of further
answer, it is specifically denied that Defendants Chase gave said
disclaimer statement to the Plaintiff.
32. Denied. It is denied the statements alleged were untrue
and that the Defendants Chase knew or should have known that same
were untrue.
33. Denied. After reasonable investigation, Defendants Chase
are unable to verify what Plaintiff relied upon.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
Plaintiff.
COUNT III
HceoRllICIt v. CHARLBS A. CDSB AND KARl. CDS.
PUJlITIVll IWO.GI.
34. No responsive pleading is required.
3S. Denied. The averments contained in paragraph 3S are
conclusions of law to which no responsive pleading is required and
atrict proof thereof ia demanded at trial.
5
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
Plaintiff.
COUJl'l' IV
HcCOlUlICK v. JACK GAUOBlR RBAL'rORS
1M TORT
36-39. The averments contained in paragraphs 36 through 39
of Plaintiff's Complaint are directed toward a Defendant other than
the answering Defendants.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
Plaintiff.
C01l1l'l' V
JlCCOlUlICIt Y. JOKH GLI8B, IJIC., UAL'lOR
IR TORT
40-43. The averments contained in paragraphs 40 through 43
of the Plaintiff's COlIplalnt are directed toward a Defendant other
than the answering Defendants.
WHEREFORE, Defendants Chase reapectfully request that this
Honorable Court enter judgment in their favor and against the
Plaintiff.
6
44-49.
directed
COUH'1' VI
KcCORKICI v. JOKH GLISB, INC., RBALTOR
IN CONTRACT
The averments contained in paragraphs 44 through 49
toward a Defendant other than the answering
are
Defendants.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
Plaintiff.
COUlft' VII
KcCORKICI v. YIRGST BllGIRBBRS
IK CONTDcor
50-53. The averments contained in paragraphs 50 through 53
of the Plaintiff's Complaint are directed toward a Defendant other
than the answering Defendants.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
plaintiff .
ow 1IA'l"1'BJl
54. The Agreement for the Sale and Purchaae of Real Eatate
attached to Plaintiff'. Complaint as Exhibit MAM provided that
settl_nt was to be made on or before March 11, 1996.
55. After the Plaintiff condQcted her pre-aettle..nt valk-
throuqh on the date Of aettl...nt, March 29, 1996. Plaintiff aiqned
,
two Addenda to the Agreement, copies of which are attached hereto
as Exhibit "A" and Exhibit "B".
56. Pursuant to said Addendum attached hereto as Exhibit "A",
the settlement date was extended so as to permit settlement to take
place on or before March 30, 1996.
57. Pursuant to the Addendum attached hereto as Exhibit "B",
Plaintiff removed the home inspection contingency which was an
Addendum to the Agreement for the Sale and Purchase of Real Estate,
a copy of which Addendum is attached hereto as Exhibit "C", and
accepted a Five Hundred Dollar ($500.00) waterproofing credit from
the Defendants Chase.
58. At such time as she signed the Addenda attached hereto as
Exhibits "A" and "B", Plaintiff had discovered the defect alleged
or indicia of the defect alleged.
59. After the Plaintiff conducted her pre-settlement walk-
through on the date of settlement, March 29, 1996, Plaintiff signed
a Pre-Settlement Walk-Through Inspection, a copy of which is
attached hereto as Exhibit "0",
60. The Plaintiff was not induced to sign the Addenda
attached hereto as Exhibits "A" and "B" or the Pre-Settlement Walk-
Through Inspection form attached hereto as Exhibit "0" by any
representation or atatement _de by Defendants Chaae as to the
condition of the preaises present or alleged.
I
61. The defects alleged were patent, not latent, at the time
of the pre-settlement walk-through and discoverable upon reasonable
inspection.
62. The plaintiff did not justifiably rely on any statement
made by the Defendants Chase when she executed the Addenda attached
hereto as Exhibits "A" and "B" or the Pre-Settlement Walk-Through
Inspection form attached hereto as Exhibit "D".
63. The plaintiff was under no obligation to proceed with
settlement on March 29, 1996, as evidenced by Exhibit "A" attached
hereto.
64. The Plaintiff assumed the risk of the defects alleged by
proceeding with settlement on March 29, 1996 without satisfying
herself as to the condition of the premises, as such is alleged in
her Complaint.
65. The Plaintiff further assumed the risk of the defects
alleged by removing the home inspection contingency after she
discovered the defects alleged or indicia of the defects alleged.
66. Pursuant to the Pre-Settleaent Walk-Through Inspection
form attached hereto as Exhibit -D-. the plaintiff accepted a
$500.00 credit from the Defendants Chase for -any and all repairs
to correct vater infiltration in the baseaent and releaaes
(Defendants Chaae) from any future liability-.
67. The Plaintiff accepted a waterproofing credit from the
Defendants Chase ae an accord and aaUsfacUon of any dauge
alleged herein.
<)
68. Pursuant to said home inspection addendum to the
contract, a copy of which is attached hereto as Exhibit "C",
plaintiff had a complete property inspection conducted by
criterium/Yingst Engineers prior to settlement and prior to the
pre-settlement walk-through.
69. On information and belief, said inspection included an
inspection of the crawl spaces and all areas alleged to contain the
defects alleged by the plaintiff.
70. Pursuant to a Wood Infestation Addendum to the Agreement
for the Sale and Purchase of Real Estate, a copy of which is
attached hereto as Exhibit "E", plaintiff had a wood infestation
inspection performed which excepted the crawl spaces.
71. At time of settlement, the Defendants Chase informed the
plaintiff that they had had the property treated in May of 1995 and
presented her with warranty information protecting the property.
WHEREFORE, Defendants Chase respectfully request that this
Honorable Court enter judgment in their favor and against the
plaintiff.
caoSICLAIK ,uasU..or TO lA.R.C.'. 1151(4)
CDRUI UlD KARII caul 't. JOB GLIII, IJIC.
72. The averments contained in paraqraphs 54 through 71 are
incorporated herein by reference.
73. Def.ndant John Glise, Inc. entered into a buyer broker
agre...nt with the plaintiff.
10
74. plaintiff Rhonda McCormick has alleged that Defendant
John Glise, Inc., by and through its authorized agents, made
representations as to the condition of the property and nature of
the problem discovered during Plaintiff's pre-settlement walk-
through.
75. Plaintiff has alleged that she proceeded to settlement,
without inquiry, based on Defendant Glise's representations.
76. Plaintiff has alleged that upon the advice of Defendant
Glise, she accepted $500.00 as an accord and satisfaction for
waterproofing in the basement.
77. Any and all damages suffered by Plaintiff are
attributable to Defendant Glise's representations as to the
condition of the property.
78. To the extent that this Honorable Court finds in
Plaintiff'a favor and against Defendants Chase, Defendant Glise is
liable over to Defendants Chase.
WHEREFORE, Defendanta Chase respectfully request this
Honorable Court to enter judgment in their favor and against
Defendant Glise.
CIO..CLAIM .VJ8UaJIf TO 'A...C.'. 2212e4)
~,~. AlII) IIAltU CIlUI v. JACK GAucnra. DALTO.
79. The averaents contained in paragraphs 54 through 11 of
Defendant Chase's New Matter are incorporated herein by reference.
10. Plaintiff Rhonda MCCoralclt haa all8C)ed that o.fendant Jack Caughan Realtor, by and t.hrough its authorhed agent, msde
11
representations as to the condition of the property and the nature
of the problem discovered during the Plaintiff's pre-settlement
walk-through.
81. To the extent that this Honorable Court finds in the
Plaintiff's favor and against Defendants Chase, Defendant Jack
Gaughen Realtor is liable over to Defendants Chase.
WHEREFORE, Defendants Chase respectfully request this
Honorable Court to enter judgment in their favor and against
Defendant Jack Gaughen Realtor.
CROSS CLAIM PURSUANT TO PA.R.C.P. 2252(4)
CJI1UIt.116 A. AND IlARIB CBASB VS. URGST DGIDBU
82. The averments contained in paragraphs 54 through 71 are
incorporated herein by reference.
83. Plaintiff Rhonda McCormick has alleged that Defendant
Yingst Enqineers failed to properly inspect the pre.ises and report
defecta to the Plaintiff.
84. Any and all damages suffered by Plaintiff are
attributable to Defendant Yingat Engin_rs' failure to discover and
make known to the Plaintiff the defecta alleged.
85. To the extent that this Honorable Court finds in the
Plaintiff'a favor and against Defendanta Cha.e, Defendant Yingst
Engineers is liable over to Defendants Chaae.
12
VERIFICATION
The undersigned, CHARLES A. CHASE and ROSE MARIE CHASE, hereby
verify that the facts set forth in the foregoing Answer with New
Matter and Crossclaims are true and correct to the best of their
knowledge, information and belief and further state that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Q~/dC.
CHARLES A. CHASE
Rtrt~~L
wau
/./i/-/"'/.,{..'-""" 0
ADDENDUM TO SALES AGREEMENT
.
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...... . ..... ....._. .on. .............,.. ..~_. ..._.............,......,....~_...._._........._.._............. ..._.._.......__...__...._.........._.__........................
........-..... ... .........._~.... ......-........-........-. ..............-..---...........--.-......-..-..........-...-.............-....-..-
.." ....,. .....-.. ... ... ,.......... ,...........,................... ..'...-.............--....-..............-...---..-.....-...........-................
, . ,"- ".,.. ,. 'b,._. ....,"'," ........ ''''''" .....~,~....... ......_...u....""'_..,..____......_..._.......~~.___.......~........_..._........~.
~.~ ... .,.,.....,.. -,' -.. ,....'.~..."....,..'_"""., ,"~'h. """, '""_"...... ,.~~.~...._.__..,__...........____.........._........_..._.........._......_
ll\e ~ ""tlll\4l"'. ..... tb .___left by botII parties, it ....."';111 ..... 1ft ""...... JIt1 01 ,lit ater.
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IItr-'2
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ADDENDUM TO SALES AGREEMENT
.
In referoncl to ^Ireement of Sale between ...................~......................H............................................................
...............:..~~~~,~;(,~"....A-:.'t.:d......~.:7ZZ?....{:.'t.2::::O/"..L.~:.L.............................,
tho PurchlSer. and .. ...... .. .... ...... .... ...........~......:............ ..............;H.................. ....H................................ ...........
.................~$f...J..~.....7.z2.~.......r!.-?CJ.:t'l.:!:!.d_L.........................,.........................,
tho Seller, dated ::;;;(:.d?:;:.I.(..d.-:;!;.....?L:Z.;?y.:coverinl the real property ~nJY known a~
...<!..~L....~h:::A:.c..&........:.;::r.~~:.;6.;(..~.;1.c.,t.....~/2..Zt?.('l..L..Lt~..L74..-:t:::..,
"
......--...............................-.....................................-....-..............--............................-....-..............-..-............
the undersigned Purchaser and Seller hereby agree to the followinc:
,"'L4..:...~4.J:'.::a.,,:,:.-.-L:.-.i..l9'-;:LLL.~7:-;_./_b.:..,'!0!f!""!!.~y
......:...d!./.............4;;:...!..,..,Ic.,.../...........Lc../..<;<'./.'J.LL!.:./.'lL............d-:C.. f::.a.~&...;L
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............I~.~~~.~.:.~~~~._C!A~~(:...c...~'7'~
'" ........ ..6.:':.-~-d.':.-Ld'-:!Il-f.~A.-~....__.._._________._....__
..........-...-...--.............--..-.--................--...............-............-........--..-.-..--..----..---........-..-
........-......---...-..----...----..-..-.......-.-..------..-..
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--------........-...--.-
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. ...-.. .............u.... ...h....._........... .... ...n.......... ...............~...__......"'...._..._...._......u.... ............ .....
.06. ....,. .......... u. ,.......... ...... ....~~. ...._.._...un.~....u....~__..._._.................._U__._...h_._.....__~____..._..-._.._..........
.......-....-..............-....--..-...-....---.....-.-..---.....--..-..
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....-.......................-
The ...,. 'IIWMnl. lItlOft its tllICUtleft br ... ...... It ~'JlIttI ... lift ~..... .... .. ... ......
-*__ "n.. .. s.te.
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btlMC
HOME INSPECTION ADDENDUM TO AGREEMENT OF SALE
OHE Of .\(jREE\IE~T OF S.\LE
//1/ )7/'.tE~"-
C! Jf.-;~L-
.
Thl> IJrm r"Jmm,nded and appro'ed lor. but nOI rcmkted 10. u.e b) ""mbm 01 Ihe Greal" Halnsburi A.w"allon 01 REAL TORS'
FEo 'i .19 'Jr..:-
.
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.
li7L::<~,H. /-'14 /7~ )-~;-
Bl:YER(S) / ;:'(: {II /_'/)1 / e ~
RE PROPERTI
SELLERISI:
Ht:YER(SI" nOI purcha"n, a n'" house and lh, ploperty may ha'e minor d,f"ll 01 problems .""",ared "'Ih a lCSale prorcrtl Thl\ .\ddendum
Jlk,"~ BLYER,S), 3.t BL'YERIS)' e\r.:nse. an oPporlunity to ha,\t 3. pro(es\ion.ll hurnt inspection ~ompan~. ....hl.;h .:ondu..:!s InsptCtU)n\ In 3...:.;ordJn..:~
\\uh StJndJrJi of PrJ":II~t of Amtn~an SOCltt) or Home Insp(\:(Ori (A.S.H.I.). li\t an oplnlon.1S to ",hether an)' ddtcts or prllbltms (\1)1 '"
(h, house. Bl:YERISr in,pc<lion shall indude Ihe enl"e d"ellin, and .ondillons affeellni the dwelling. unleu indi.a,ed below a, add,llon, ,"
dtkllOm, and 'ihall mdude but nOI be limited to an uamin.1l1on or 311 mechanical. elecUl~3.1. plumbini. hUlIn. and air condluonlR, systems. anj
JppIIJn..:(s 1r:':~'JJed in tht )alt J.i \lotI! .15 Inip<<tion "r Ihe foundallon, "'.lIb Jnd rwf of the hou'tt. .-\ rtpon "hl~h dot\ nOI ~nt "maNr" dti(,~;I' t
1\ .:on~idtr:d ~Jthf.1.:t"'r} (iJr tht purpos~ of Ihis A.1Jtndum.
Ad~Ulon,: // EI7tJLl77E L ttJ FI tE /'L..k.L
[xlttJons:
A r~porl \\hu.:h does t:ilt.3. major dtrect is ~tct to the alreemtnrs and t'ondiuons .made btlo\t,. A major Jtf~i shall be dtiind;h Jn~ S1r.g!t'
dtltct V.hh;h \\i11 cou more than ~ 7- ') to repair as esumattcl by the InsptCuon company. or accordins to a ..-rlUen tSHmale fr1,)01
a reputable ;"ofmional in Ih~ rel"~nllrad~ 01 busin..s. Any dcf<O:l nOled on lhe inspccllon Icport whi.h <OSlS 1m lh~n lhe ,wed ~moum ,hJII
b~ considered m,nOI. and lhe BUYER/Sl h~reby ..ai'.n any objeellon 10 lhal derm. NOI".ilhsrandinJ Ihis pro\ls'on. parasraph II of the \,re"'''1Il
of S~le "h,," prO'ldn all plumbins. heaunl. air cond,uoning. methan"al and electrical syslcnu and cqulpmenl and apphan... 10 be ,n .'ere
\\orkln! order al time of senlemtnt, rmains in full force and effect ill [he lime or seutemenL
\\ uhln len IWI .alend.. days oi lhe SliOlni of ,he Agretmen' of Sale by bOlh BUYER(SI and SELLERISI. BliYERISI mO,1 nOllll SELLERISI
In 'A mini. oi an~' major defects discovered b~ the home inspm.ion compan~. nm nouce mU$l ~ tn v.rilin, and ~ copy of the relt\anl parafr3rtll' I
,n the home :n'peellon report musl a.:company the nouce. If BUYERtSl do<s nOI noufy SELLERIS) of a maJol def~:t. in "rilin,. ""hrn ten ,lvl
_alcndM ~'" irom the Slgmng ofthe AJlccmml of Sale. Ihm BUYERtS) "31'" 3IIy obj"tion to the deiect. uce;x ill plO\idcd In the Allcemenl 0' SJ!<
II Ihe "ome In\pcctlon rcport r"...1s a major defm. and the Bl:HRISI hl$ IImel, nOli fled SELLERlSl. SELLER\SI shall no,oi, BL:YER(SI ~ilh"
.", ,;1 'JIc';!J' JJ~' .hc:hcr SELLERlSl "111.'1 SELLERlS)' "pc,... 'Jr,,:: :~e :on;1",on prior lO Stlllement Faolur: oi SELLERISltO :,m<,
0011'\ Bt:HRISl oi rhe Intenlion 10 .Ort<<1 shall mean SELlERtSIr<fuses :0 ,orretl the .0ndillOn.
: f SE LLE Ri 5, dt-.::) t() .:-.>rrt.:t tht ~onJllll)n. dus -\.1JtnJi.1m )bola ~ j<<m~j ).lthlitlJ ~nd lh~ A,re~nl IJI Sol!':- )hl.il rmaln In iull f\lr...e Jnd c! :c,:
II ~ELLERISI ci"tS nOI to .orreetlhe conditIOn. lhen. ..It"'n i"elll .alenda, do,s of BUYERtSr I'<o;"PI of SELLERIS)' noli,,,,"on oi el",",'n.
3L' ERIS) "ail pc "rlllen nOIl.:< 10 SELLERtSI of BL:HRISr elo::;on :0 ~J one of :he follo",ni
I;ll.h:..:epf Iht proptn~ ",-uh the \7onditlon rt\tllt~ b~ [ht In'!i~:l(\n v.l!hOu( ahttmtnt fO ~l(t:
ib) nelOtl3.tt ttlt ~OSI of .;orr~tlnl the ~ndillon 1"th SElLERIS\. but Ii SELLER,S} rriu\t~ (0 nefOtl3tf rhf ..."Qtl Of Iht P&rtI~~ .:ann,'t
ru" an a,lcem<n1 ill 10 Ih~ pI",e. .hen BUYER rnCf'n Ihe nihllo declare the A,rffiMllI of Sak null and '0(<1.
tel deelare 'he A"ecm<nl of Sale noli and vo,d.
In' he '\Cnl :hat Ihe Air<<m,", of S.le IS d<daled null and ,o,d. then ,hm shall be no funh" obh,ation 01 hablh,} of ."her pJrty anJ all J~~. (
11"1(~ \hJll ,.: rtlilrntJ to BlYER in ~ampli.1n.;:t '4uh appli.:aolt rfl..l..Ulon,.
Be, ERrSI.nd SELLER(S) htrcb} a.:Lno..ltdle tlt.1t an' .\GE~T or SL'B,\GE:"T .,11 not lOo;ommcnd 01 ,uaranl<< an, pcr.,n or ,om~an' '.'
;'trrorm (ht ;mpti;t1on, .:rnllkJuon, IJr .:ortt'...110n Ilf any .:ondlll"n ~\i:\lUr:.1 III t!l:t ttrmi of lha "J.Jrnt111rn. .,,^~ .\GE~T Qf' SLB.~GE' T -.. ,i;
'01 \CIccI. :onrrJ<ror '0 perform anl. se"",e pursU3ll1 10 thIS ~Jd."d"m..<I "In ria.. orJcrs IOfl",h S<r'''''' onll at BLlERISf or SELLER,S I
jlrtttlon
,,,.,,,,, 'no n,''''''.qorred h<rtunJeflhall be deemed ,,,en .hco a,,".iI, ,,,,.,,ed ~l .n'\GE\ T. st:a. \GE\ T. or BLlER!SI or SELLER",
MrftoJ\f. at' {Rl~' J..\n\'lv.!('dllei :hal ;01""" re,tl:pt ;."If )J.IJ I'tOr.':t tn,C'f''::I\.'n "t;'\.\ft. 8t' ERrSII'! rt"!~l~' ~"ft'j\ \'n ~:~ :n\;'f''::II.111 ~tNn 3,"'': !",.."
,'II .in\ ~C':,r;,~,.,I.U.\.Hh (\r'(btJ \,If lmphtd, ~, tne SEllERtSI Jf lr.\ \Gc,'t';'t St 8-\GE_'T t ;,\'n ..:~trtln~t -.'It \11d "~f~ ilnJtf" d'!t :e'~"
J~;.~.d:,J ,,!,\.',~ .1IIJ It'~:ltmt:'u: In ,h(' ptoJptft\, Ul 'EllS' It'.t.t.~ 1nJ Jlto.'h.rfn SEllElliSI. oln,\GE'TS )t8."CE'TS anJ tmp-i('\~~...
i"J ll1\ ~ll:'\l" ,\~ ~.Ht"C"t Jf .an\ ..lftt >3' t~ ..."11AIl '!~rn In "!t~~:,:(;.;"r ~~.a:::"l" :'Itc'll"td h!!l,)fh 'A~J.I\;)t\(1'" ::t !.l_ "" t'';Ull\ 1ft ..',Jnn("..: ~';
...,,,\ '''C'' ,..'r'J "\11\ ,'f ;!\t ~...,.rt""l\ T!'\l\ ~t2K I" Inundt'd::\) l-i,lJ\'\t '~f~dt':!\f~( !'tt:'t"...rW~
t., 'f)tflttf'U Tlt-;~\ l\,'-,. amI"; 11'11 In, ;lmc'"dm~h !~e!J. mJ,\ ~ t,t'':'.o:"J:n ~w.!H"jc \'Jltlm~r;\ ~ lhf :'J-"":lt'\ l1b1 ~h\rtJ tt\ .,l\ "f If,irhm.,
-1\'n . "f')\lIll: A ~.I"" 'mitt If ~ \l I'n".....tM.1~ ...... .."{~Inlf!'t~r!' ..tu.!l !\.ltt !~(' ~J"'t !t~.ll r.'It"'''';~.1~:!H' Irt~ ~1"J,~t t'-ft_' J1 ''''''..1'''1 1It.~: \'i'":, ~
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.lil'I',-l,; ..(-A.L~':'.-::'~-_. BlH~,~'..,_ ",', ._.:!-.___~ l"l""_~':::. /..~.
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lilt ,n 0
PRE-SETTLEMENT WALK-THROUGH INSPECTION
Thjs form recommended and approved lor, but not restricled 10, use by members of the Greater Harrisburg
Associalion of REAL TORS~.
DATE OF SALES AGREEMENT:
Ii t
RE: PROPERTY: .;' I ~" , . " ,
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SELLER(S): /'4 a vA' BUYER(S):
The undersigned Buyer(s) have complelely inspected the above'9aptioned property on. / .
_ 7 7 ' a j? ~..v' //' '-...,-~~ cr.-z-c;.....
. ". r ,19~. accompanied by ~ " .-? ~ ,. "" . / ~na have determmed
10 their atlslaction that the property was in substantially the same condition as it was at the time of execution
of the Agreement 01 Sale.
The Buyer(s) acknowledge that all non.real estate extras as outlined in the Agreement 01 Sale were on the
premises at the time 01 inspection and all fixtures were in place and functioning.
The following items were noted as NOT being in satisfactory condition but were accepted in "AS IS" condition.
(Indicate if "NONE".) The Buyer(s) have received copies 01 all required certifications and inspections and under-
stand that non warranties are included unless specifically indicated on the written report. All terms and
conditions in the Agreement of Sale have been satisfactorily met.
The following items were noted as NOT being in satisfactory conditi9" and NOT ACCEPTED by Buyer(s).
Agreement for resolution is as follows: /3<.u1VL ~ qs 0 C) . eC f~'1 ~=
J . .1 ^ .'.-r-...r.- - J~ ,
.-A'-~~~ r'- . 0..1,./ ~'~1... cU..~ ''\.;;.f~'''''''~ ,''-0. (.~~ u.~
. ",-"CA..l ~\~ c:......."- ~~ ~ ;(.U.~ ,,-<,W' (..l'~7
In the case f an FHA insu~~ed purchase. this certlficati':'n shall neither supersede nor supplant
the requisite pre-settlement inspection certification bul shall supplement same.
Buyer(s) warrants that they are not relying upon any representation made by Seller. Agent or Broker. and hereby
releases. quit claims. and forever discharges. Seller(s). Seller(s)' Agenls. Subagents. employees. and any officer
or partner or anyone of them and any other person. firm, or corporation, who may be liable by or through
them. from any and aU~~' . losses. or demands. including personal injuries. and all of the consequences
thereof, where no ,:his\i 0 not. which may arise due to the condition of the subject property.
Witness:' Ouyer:~......- ' -rYl,-r;:.. 'oJ;' Oat,.!/;/~/9'0
Witness: Buytt: Date:
Seller(s) have been advised of the results of Buyer(s) inspection and agree to exceptions or resolutions
noted herein.
Witness:
Sell.r: /.LJ.vIfYL.,.z:- Date: Jat/if.
S.Har' /("'~ ~~: //'. Oat,. i (;.'4 /e?L
~f.. . ..~ . a.. = .. ~. . J =. j
,,~ 4... )"'~~J" . .-:_t c;:.,,:r,AiJ.,fc.:;1r
INSPECTION WAIVER
(Compl.I. this section ONLY it Insp.ction is waived by th. Buy.r(slJ
I (We), Iht und.,signtd Buy.r(s) of Ih. above c.phoned property. h.v. betn .dvlsed ot our lighl to a prl!'
$elllem.nt InspectiOn. W. htr.by dechne and walv' our lK;httO SllCh IIISpectlQn and th. btntllts thereof ard
hereby reluse. QUlI claim. and lorev'l disch.rge, SeHerlsl. Sener(s)' Agenls. SubagentS. IlT'ploytes. al'ld any
ollletf or Pirtntt or Iny on. 01 them and any other persOl'l. Ilrm. or corporallOn. who may be habl, by or through
them, from any and all ct."ms. losses. or demll'\ds. Includ'"9 ~rsonallnlurits. and all olll\e coosquences
IMrtO'. ",h.re 1'1011I "no~n or 1'101. whICh m.ly a"St dl.i. to 11'1. CONM,on of tPle sl.lDltct prc~rty
Witness:
\'i,lnus
Buyer
Cilte.
W,lrlUS_____._____.____ e"ytl ___.__._ .____._..____._____ Oall'
---
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....._---- -.. .,.--
..MI
. . . .
WXlO INFESTATIOO AOOr:1llUl
TO JIGRE>>IDlr 01-' SI\ll;
. .
'111i,; form rect:l1Nl'oeIrlErl ard approvErl for, but not restricted to, use by rnemI:ler.; of. the
Greater Harrisburg Association of REALTORS". '" C' ~
r-:- ' C; 'I. . /7.. . I I )1/_
DATE OF SAUS AGREEMENl': rr:D ';/ ,19,0 SE:ITLEl1ENl'DATE{/;,l,-(. / (..1 ,19LY"
RE: ffiOPERT'{: J/'/ f7t'L;E/ ,Ht.',E /?1.t:(/.#,hl/7t/.))
SEw:R(S): ;;/f.k:> t! /lp Yc / ~(S):' 't:)~I/;4 /4 (//-,.e .a/,(?"z
. ~ ~
1. Prlor to settler.ent, SELLER(S) shall at: ( J BUYER(S) or (/'J SElLER(S) expense,
order fran a Pest Control Operator certified by the ~lvania Cepartment of
Agriculture a written ''Wood Cestroyirq Insect Infestation ard Resultant Dl.:nage
Report" ard shall present said report to all other parties to the Agreement. SUch
report is to provide that an inspection of the readily visible ard ao:::<>..ssible area
of all structures within the property limits has I:'een made satisfactory to ard in
c::aqJliance with applicable laws, :nortgage ard lerdirq institutions, an:I/or Federal
Insurirq ard Guaranteeirq }qercj requirements, if any.
2. Seller shall, upon receipt of said report, pratptly provide a copy of the earplete
report to all parties to the Agreement.
If the illspection reveals evidence of active infestation(s) ard,Ior previous
infestation(s) lo'hich has rot been corrected, SElLER(S) agree, at SELLER(S) e.-.cpe.nse
to have the structure~) treated for such infestation. Exceptions, if any:
.R/J j!;0~/"/7/,(:/t'<;
,
). At the tiJne of notice as specified above in paragraph 2. SELLER(S) shall also
advise within five (5) days '.'hether or not the resultant structural clamaqe, if any.
will be repaired, at SELLER(S) E!Xpe.1Se, prior to settlement, If SELLER(S) elect
not to repair such clamaqe, El.jYER(S) shall have the option of aa;.eptUlg the
property with t.'le defects revealed by t.'le inspection, without abatement of price,
or beirq repaid all monies paid by t.'1e aiYffi(S) on aroount of the purchase price.
tcqcther wit.'1 ElJY'Ell.(S) expenses. if MY, as !MY be iocurred or provided for urrler
the terms of the ~.....ment of Sale, incluiirq but not limited to the followirq:
A. Cancellation fee for title insurance or abstract fee for sea.rc:hirq title.
B. Cancellation fee or bi.roer charge for fire il1sunnoe with exterded coverage
ard,Ior flocd insurance, if any.
c. Appraisal fees. credit report charges, ard,Ior survey costs.
In the latter event, there should be no further liability or obligation on either
of the parties hereto ard t.'\is ~_=t:lent of Sale shall t.-:a(~ MJLL NlD VOID.
ElNER(S) s.'lall notify SELLER(S) of hi.s electi.on within five (5) days after BJ'{Dl.(S)
receives S~(S) notice of retusal to cornet the rordition(s),
.'u1 ot.',@[' terns ard cco;1itions of the said ,lq.eerrent slull remai.l'l unc.'w'qed an:! in full
:\:t"..::e ani effect.
~.lS C\.,-,-~,t 3t'd :tr.y ~ts t.~reto. :!'.1~' be exE<:\lte;\ L, llUltiple CCUl"\ti!....p,~....t.s ~. tile
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which no responsive pleading on the part of Defendant Yingst is
required.
CROSSCLAIMS PURSUANT TO PA. R.C.P. NO. 2252(11)
CHARLES A. AND MARIE CHASE V. YINGST BHGIHDRS
82. DENIED. The averments set forth in paragraphs 54 through
71 are specifically denied for the reason that Defendant Yingst was
not involved in the process(es} related to the Agreement of Sale,
any Addenda, preparation for settlement, or settlement. Thus, and
by way of further answer, after re.:lsonable investigation, Defendant
Yingst is without sufficient information to form a belief as to the
truth of said averment (s) and proof thereof, if relevant, is
demanded at the time of trial.
83.-85.
DENIED. The averments contained in Paragraphs 83
through 85 of the Defendants', Charles A. and Marie Chase,
Crossclaim are denied as conclusions of law to which no responsive
pleading is required and strict proof thereof is demanded at trial.
WHEREFORE, Defendant, Criterium-Yingst Engineers, Inc.,
demands judgment in its favor.
Date: January 8, 1997
~71itL42
FARRELL " SMALL
~Ol/~03 S. Railroad Street
P.O. Box 11)
Palmyra, PA 17078-0113
Telephone: (717) 838-U8S
Atty. 1.0. No. 19212
Attorney for Defendant,
Criterium-Yingst Engineers, Inc.
.
RHONDA McCORMICK,
Plaintiff
IN THE COURT OF COMKlN PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CHARLES A. CHASB and
MARIE CHASE, his wife,
YINGST ENGINEBRS,
JACK GAUGHEN REALTOR and
JOHN GLISB, INC., REALTOR,
Defendants
NO. 96-4982 CIVIL TERM
CIVIL ACTION - LAW
CDTIFICATB OF SDVICB
AND NOW, this 8 -If- day of January, 1997, the undersigned
does hereby certify that he did serve a copy of the foregoing Reply
To New Matter upon the other parties of record by causing same to
be deposited in the United States Mail, first class postage
prepaid, at Palmyra, Pennsylvania, addressed as follows:
R. Mark Thomas, Bsquire
54 East Main Street
Mechaniclburg, PA 17055
John J. MCNally, III, Esquire
JAMBS. SMITH & DURKIN
P.O. Box 650
Hershey, PA 17033
James L. Goldsmith, Esquire
CALDWELL , KBAllNS
3631 North Front Street
Harrisburg, PA 17110-15])
C. Roy Weidner. Jr., Esquire
JOHNSON. DUfF 1 1 , STEWART & WEIDNER
)01 Market Street
P.O. Box 109
Lemoyne. PA 1704)-0109
I
!
I
II
Ii
!;
FARIlIU. '.SMW. JLJ. B
By: ,g. rit-- ,
~ ~ 1, laqu Ul '
}
RHONDA McCORMICK. )
Plaintiff )
v. )
CHARLES A. CIIASE and MARIE CHASE. hill )
wife. YlNGST ENGINEERS. JACK GA1~r;IIEN )
REALTOR and JOHN GLlSE. INC.. REALTOR.
Defend:lnts \
In th. Court of Coaaon '1.1. 01
Cumberland County, 'eDDlyl"ln11
No.
, 96-4982
19'16
CIVIL ACTION - LAW
OATH
Ve do 101taly lVur (or IfUnD) tbat ve vill .upport, obey IIICI defend
the Couc1cuUoa 01 Che DUCld It&te. ad Che CouciC1lUOIl of ebb CcltI=OD-
vaalCh ad thac va rill dllchar.e the duti.. 01 our ofUce V1th lid 1ity.
--r~""J 1-"v- " .
Thomas .J. Willi ~. Esqu re a rman
~'-- - /' -') - /.e--
_,0'- .-
Stephen B. Lipson.'Esquire
William c. Vohs. esqutre
AWARD
Va, the UDderaiped arbitratorl, ba"1D& been duly IppoiDted IIlli IVO",
(oraff1nlad). lI&Ita the follcv1ll& lVard:
(Ioce: U d_... for dllay are avarded, they aball b.
laparately .Uted.)
~t;i.:i;!;J r~cl4"~ ~ ~
applicable. )
Date of l.ariDl: 10 ( 1. 1/ 'i ")
Dace of Avard: ..J () 1'1. '11 q '?
. Arbitrltor, dIsstatl. (IDatrt DAme if
::rL~ ? w1f.~;,,--
fllum,lS J. \1111 t..'", ,I:squ I~ - eM Irlllan
.- .....-
Stel'h<>n 1\. lipson, t:~'lu'lr"
William C. Volts. Esquire
ROTICE Of I5Tll or AliAI1J
,..I ,
Nav. tht..;V"'IfI, of {(Tjfr.." . 19!2..,. at :Jil'. .c..H,. t~t Ibove
_rlf wal tlu,ned u1lOO tile dOCllt 11l1l lIoUet therHt ,lven by ..u :: tile
partl.. or tllelr .tto,..... .
Arbltrators' C~.DA.tl~ to b.
pald upoQ ."w:
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