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HomeMy WebLinkAbout03-1983CGMMONMfEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. MAC,. DIST. NO. OR NAME Ot: D.J. N~C~ 09-1-02 Ruby M. Woods ~y STATE Z~CC~ ADDRESS ~ ~ 132 S. 30th St. Camp Hill PA 17011 (~;~,~). ~ , ~__ H~oh 27~ 2003 Sh~ey ~. ~oyd ~ ~uby H. wooas~ eL ~. ~ ~ jJ~TmE ~ ~PE~ ~ ~ A~NEY ~ AGENT~ LTl9 J ~ ff ~11~ wss GLAI~ANT (~ ~. ~.G.P.~.P. No. ~00~ ( ~ ) J~ 80~J~ ~e Dis~rio~ ~ioe, he ~UST FI[E A GOMPLAINT within ~wen~y ( ~0 ) dsys ~i~er This block will be signed ONLY when this notation is required under Pc~ R.C.PJ.P. Nc~ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, delach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Shirley J. Lloyd , appellee(s), to file a complaint in this appeal /.) ~ of appe,/ee(s) (Common Pleas N~ '/~]~ -- -/~,~-~ (~!~.l../~J.~ within twenty (20) days after service of rule or suffer entry of judgment of non pro. ~/ Signature of appellant o(-h~ attorney or agent RULE: To Shirley J. Lloyd ,appellee(s). Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint witl~in this.time, a JUDGMFNT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of ~ervice of this rule if service ~was by mail is the date of mailing. ~ , ' - C_-~ o~ ~,,a~, ~ AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the NotiCe of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , 19 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,on 19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 19 . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Signature of affiant Signature of official before whom affidavit was made Title of official My commission exl~ires on 19 . ~ ~..;~ : ~ COMMONWEALTH Or PENNSYLVANIA: COUNTY OF: CUNBER~ Mag D~gt. No 09-1-02 DJ Name: Hon ^~s~ 1901 STATE STREET CAMP HILL, PA AT?OI~lq~¥ DEF PRIVATE : CRAIG A. DIEHL, ESQUIRE 3780 TRINDLE ROAD CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU;THaT: I ~judgmeni?., ,, . ~-] Judgment was entered for: 17011-00'00 NO'lICE OF JUDGMeNT/TRANSCRIPT p LA I NT; F F/J U DGM E~i~ ~E~O~:~SE NAME an~DDRESS, 217 B E MAIN ST SHIREMANSTOWN, PA 17011 VS. DEFENDANT/JUDGMENT C~II~OREsS FWOODS, RUBY M, ET AL. 132 S 30TH ST CAMP HILL, PA 17011 L ~ Docket No.: CV- 0000080 - 03 Date Filed: 2/11/03 ~ ~' FOR PLA~NTiFF ~ (Name) T.T.O%'T'I: ~T-I'TRT,I~%~' iT Judgment was entered against: (Name) wooD.~: R~¥ M ~n the amount of $ E~ Defendants are jointly and severally liable. ~-] Damages will be assessed on: ~] This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ on: (Date of Judgment) (Date & Time) Amount of Judgment $ 250.00 Judgment COsts $ 137 o 22 Interest on Judgment $ .00 Attorney Fees $ · o 00 Total $ 38?. 22 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment,~,.'!'.otal $ ANY*;~A RTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRy~OF ~IUDGMENT BY FI. LING A NOTICE OF APPEAL WITH THE PROTHONOTARWCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I' Certify that th s is a trpe and' correct ,/' ,'~',.' Date .. My commission expires first Monday of January, 2006 . AOPC 315-03 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANtA COUNTY OF C~E~LAND ; ss AFFIDAVIT: I hereby swearbr affirm that I'served [] a copy of the Notice of ADpeal, Common Pleas No. 03-1983 Civil , upon the District Justice c~,esignated there~n on (date of service) - April 28 , ~.200~ [] by personalserv~ce ~. by ~certifie~) (;Fe~;i~t~t) mail, sender's ' receipt attached hereto, and upo~'.ihe appeilee, (nafne) ' Shirle?' J. 'L'l'O'_~d' ' ' ...... on · April 28 ~-.00317-1 by, personal service..[~ by (ce~r~t f ad) (.F~...~) mail, sender's receipt attached hereto. [~ and further, ~l~at I served the Rule to-Fi~e a:Complaint accom partying the a. bov~Notic~e of Appeal UPOP theappeltee(s) to whom the Rule was addressed on Apr,! .28 ,152003 [] by personal service [] by (certified) (Y~i~¢l) mail, sendei'~ receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 28th D,'~F" A~'~ ~ ~' '1~ ~X~3 S e whom affidavit was made ~otary Publl c Title 07 official MyL~m~siOn~expireS on AuAust~ 2 . ~ 2Q03 .,~., Craig ~[. Dieh'l-, Esquir $.jgitature of affiartt COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, {~),~ _ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned bek~w. I MAG DIST. NO. OR NAME O~ D.J. Ruby M. Woods I 0'9-1-02 ~- -r~..ESS OF APPELL~ CITY STATE ZIP CODE 132 S. 30th St. Camp Hill PA 'aTE OF 17011 March 27, 2003 I Shirley J. Lloyd Ruby M. wooas~ et al.- -- I5K)NATURE C~ APPELLANT C~ H~ ATTORNEY OR.AC~NT I cv LT 19. this block ~11 be ~gned ONLY wi:mn thLs 7~-~on',is required urde- P~ R.CJ>JJR Nc~ 1008R h ~: This Notice of APPeal, when received b~' '~the' 'D~frJct Justice, will operate as a SUPERSEDEAS fo the judgment for possession in this ~ase~ Signature of/::tothoso~'~,'y or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT' within twenty (20) days after filing his NOTICE of APPEAL. PRAEC~iPE TO ENTER R~ULE TO FILE COMPLAINT AND RULE TO FILE (TlWS section~ O~,-form to be used ONLy wt~ appellant was DEFENDANT (see Pa. R.C.P.J.P No. 1001(7) in action before' D/strict Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Shirley J. Lloyd -- , appellee(s), to f~e a compla~.~ this appeal (Common Pleas N(x (~).~ - / C~ e~,._~ ~/c~; L"'T~?.J~ within twenty (20) days afar..vice of role or.$~/~'__, entry of jud~n~ of non,pros, · ULE.' To Shirley 3. Lloyd .appdle~s~ Name ~ appel~e(s) (1) You are notified that a rule is hereby entered upon you to file a complaint'in this appeal within'twenty (20) days after the date of seh,ice of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailinG AOf:~ 312~4 COURT FILE so that we can return the card to you. ~ II .C~ l~ature ~-'o'~i~-~ilpiece,~II r"lAgent oron the front ifsp~ermits. ' ~1~ ~'~ ~ ~ /~ ~~ ~ Addmss~ ~ ~~OJ I~ daiv~ ~dm~ d~a ~t ~m ~em 1~ ~ Y~ II~f YES, ent~ delive~ aC ~ress ~low: ~No ~ HI~ P~ l~Otl 3. Se~iceType ~lfi~ Mail ~ Express Mail ~ R~ist~ ~ Return Receipt for Memhandise J 4. R~td~ ~live~? (~m F~) ~ Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE I[11 First-Class Mail Postage & Fees Paid USPS Permit No. G-lO · Sender: Please print your name, address, and ZIP+4 in this box ° LArd OFF~cE-.S oF- c~e..at~ ,,4. · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service label) 7000 0ooo Delivery D. Is delivery If YES, enter I 3. Service Type ~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? f~_xtra Fee) [] Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 U~IITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid usPs Permit No. G-lO Sender: Please print your name, address, and ZIP+4 in this box · ,~T--r~: /~-~J (~. LAy,~ o~p l c~ oF ~l~ A . SHIRLEY J. LLOYD Plaintiff · NO. O 3- / q fJ v. : CIVIL ACTION-LAW ; RUBY M. WOODS Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is 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 are warned that if you fail to do so the case may proceed without you and a judgment may 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 Plaintiff. You may lose money or property or other fights important 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. Cumberland County Court Administrator Cumberland County Courthouse South Hanover Street Fourth Floor Carlisle, PA 17013 (717) 240-6200 SHIRLEY J. LLOYD · Plaintiff · ° RUBY M. WOODS · Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION-LAW COMPLAINT AND NOW comes Plaintiff, Shirley J. Lloyd, and respectfully aver as follows: 1. Plaintiff, Shirley J. Lloyd, is an adult individual and citizen of the Commonwealth of Pennsylvania, and currently resides at 2003 Chestnut Street, Camp Hill, PA 17101. 2. Defendant, Ruby M. Woods, is an adult individual and citizen of the Commonwealth of Pennsylvania, and owns and resides at 132 South 30th Street; Camp Hill, PA 17101 (the "Property"). 3. Defendant listed the Property for sale by Re/Max Realty Associates, Inc. ("Re/Max") sometime during 2002. On November 11, 2002, Plaintiff signed an Agreement of Sale to purchase the Property for $113,000.00 which was presented to the Defendant. 5. Plaintiff was represented by Jack Gaughen Realtor ERA ("Gaughen Realtor "). 6. Plaintiff's Agreement of Sale was contingent upon a satisfactory inspection of the Property. 7. On November 11, 2002, Plaintiff wrote a check to Re/Max in the amount of $3,000.00 for a deposit on the Property. o 11. 12. 13. 14. 15. On November 13, 2002, after making a counter offer of $115,000.00 to the Agreement of Sale presented, Defendant signed the Agreement of Sale dated November 11, 2002. (Copy attached) Plaintiff accepted counter offer to purchase the Property for $115,000.00. Defendant provided to Plaintiff a Seller's Property Disclosure form. The Seller's Property Disclosure Statement includes questions regarding problems with walls, foundations, or other structural components; additions, structural changes, or other alterations to the Property; roof leaks, and water leakage. The questions relating to the foundations, walls, and structural changes were answered affirmatively with brief statements. The questions relating to roof leaks and water leakage in the house or other structures were answered negatively with no further detail. In fact, the soffit on the Property's roof was later found to leak. If this had been disclosed in the Seller's Property Disclosure Form, Plaintiff would not have proceeded with the purchase of the Property, or would have offered a lower price. On or about November 13, 2002, Plaintiff requested additional information based on the Seller's Property Disclosure Statement concerning problems with walls, foundations, and other structural components; additions, structural changes, or other alterations to the Property. On or about November 13, 2002, Defendant authorized a home inspection for the property, as required under the Agreement of Sale. The Defendant did not provide the information requested prior to the home inspection. Plaintiff applied to Cendant Mortgage and received approval for a mortgage at an interest rate of 6.25% to purchase the Property and paid Cendant a mortgage lock-in fee of 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. $250.00. Plaintiff arranged for a title search on the Property at a cost of $90.00. The Property was inspected on November 30, 2002 by Biechler & Tillery, Inc. on behalf of the Plaintiff at a cost to Plaintiff of $405.00. The home inspector found a leak in the roof and raised concerns about the structural integrity of the Property, i.e. the foundation walls, etc. Gaughen Realtor informed Re/Max that the information requested prior to the home inspection regarding structural issues would have to be provided in order for Plaintiff to make an informed decision or Plaintiff would not purchase. Re/Max invited the Plaintiff and Gaughen Realtor to meet the Defendant's Engineer (the "Engineer") at the Property. Plaintiff did not request a meeting with the Engineer. Plaintiff and Gaughen Realtor met the Engineer, Defendant, and Re/Max at the Property in early December, 2002. The Engineer provided his report on the foundation and walls and explained the measures necessary to be taken to correct the problem. At this meeting, Plaintiff asked about the roof leak identified by the home inspection. The Defendant asked about the location of the leak; Plaintiff indicated the side of the house the leak was discovered. The Defendant then stated there was a leak in the soffit but that the soffit was not a part of the roof and the home inspector should have made that distinction. The Defendant concealed the leak in the soffit when preparing her disclosure form. After the meeting, Plaintiff called a roofing company and asked if a soffit is part of the 29. 30. 31. 32. 33. 34. 35. roof and was told that it was. Plaintiff concluded that Defendant both knew of the leak, was less than candid in her Disclosure and was attempting to ease her conscience by making distinctions as to whether the leak was in the roof. Gaughen Realtor informed Re/Max that Plaintiff would not purchase the property based on the home inspection, specifically due to the roof leak and apparent disrepair of the roof. In reaction to Plaintiff's decision not to proceed with the purchase of the Property, Defendant requested and Plaintiff agreed to an extension of the Agreement of Sale in order for the Defendant to have the roof inspected by persons of Defendant's choosing. At least one roofing company selected by the Defendant, Ewing Roofing in Camp Hill, identified a leak at the edge of roof. (Copy ofEwing Roofing's report is attached) Re/Max called Gaughen Realtor and said the Defendant wanted the Plaintiff to provide, in writing, what would be required to close the deal notwithstanding defects in the roof. Plaintiff submitted an Addendum to Agreement of Sale, signed by Plaintiff on December 18, 2002, to Re/Max asking Defendant to place $5,000.00 in escrow to cover the cost of roof replacement and repair. If that was unacceptable, the contract would be null and void and the escrow was to be refunded immediately. (Addendum to Agreement of Sale is attached) On December 19, 2002 the Defendant, through Re/Max, verbally countered with an offer to place $2,500.00 in escrow for the roof; Plaintiff, through Gaughen Realtor, verbally rejected that offer. Defendant would not authorize Re/Max to refund the Plaintiff's deposit even though Defendant would not agree to amend the contract as requested in the Addendum to 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. Agreement of Sale signed by Plaintiff on December 18, 2002. On December 31, 2002 Plaintiff's attorney wrote a letter to Re/Max requesting the deposit be returned. Re/Max advised Gaughen Realtor that Plaintiff would have to initiate a Release of Agreement of Sale. Plaintiff sent a Release of Agreement of Sale to Re/Max on January 10, 2003. On or about the end of January 2003, Re/Max verbally advised Gaughen Realtor that Defendant would not sign the Release of Agreement of Sale. On February 11, 2003, Plaintiff filed a complaint with the District Justice Manlove to recover her deposit and other damages caused by Defendant. On March 20, 2003 a civil hearing was held before District Justice Manlove. At this hearing, Defendant agreed to have Re/Max release the $3,000.00 escrow deposit notwithstanding her earlier refusal to do so. The District Justice requested and Plaintiff agreed to release Re/Max from the civil action after return of the deposit. The District Justice found in favor of the Plaintiff in the amount of $387.50. This amount covered approximately one-half of the home inspection fee, the cost of the title search, and costs to file with the District Justice. Defendant's attorney offered Plaintiff a settlement of $100.00 and later $200.00 to settle or the Defendant would appeal. Plaintiff rejected both offers. On or about April 30, 2003 Defendant's attorney filed a Notice Of Appeal. WHEREFORE, Plaintiff, Shirley J. Lloyd, demands judgment against Defendant for compensatory damages in the amount of $882.50, includes the mortgage lock-in fee of $250.00, the home inspection fee of $405.00, the title search fee of $90.00, the District Justice fee of $137.50, plus the costs of this suit, which does not exceed the limit for cases to be submitted to mandatory arbitration. Shirley J. Lloyd, Plaintiff, deposes and says, subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities, that she has examined the foregoing Complaint and that the averments of fact set forth therein are true and correct upon her personal knowledge, information and belief. Respectfully submitted, Shirley J. Ll~d/ SHIRLEY J. LLOYD, Plaintiff V. RUBY M. WOODS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION .. LAW NOTICE TO PLEAD TO: Shirley J. Lloyd 2003 Chestnut Street Camp Hill, PA 17011 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: June 6, 2003 By: Craig A~. Diehl,-~-sq~ire Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7,513 Counsel for Defendant SHIRLEY J. LLOYD, Plaintiff RUBY M. WOODS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND NOW COMES, Defendant, Ruby M. Woods, by and through her counsel, Law Offices of Craig A. Diehl, and hereby files her Answer as follows: 1. Admitted, except zip code is incorrect. 2. Admitted, except zip code is incorrect. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Plaintiff's offer was contingent upon numerous contingencies as set forth in the Agreement of Sale. However, Plaintiff has not attached a copy to the Complaint in violation of the Pennsylvania Rules of Civil Procedure. 7. Admitted. 8. Admitted, except no copy of the Agreement is attached to the Complaint. 9. Admitted. 10. Denied. The document speaks for itself. 11. Denied. The Sellers Property Disclosure Statement only required Defendant to report what she had knowledge of. 12. Admitted. 13. Admitted. 14. Denied. After reasonable investigation, Defendant is witlhout knowledge or belief as to the truth of said averment. 15. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 16. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 17. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 18. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 19. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 20. Admitted. 21. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. 22. Denied. Also present at the meeting was an attorney from Shagin & Anstine, LLC. 23. Admitted. 2 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. The averments contain a conclusion of law to which no responsive pleading is required. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the troth of said averment. Admitted. Denied. No report is attached to the copy of the Complaint received by Defendant. Furthermore, if such report exists, the report speaks for itself. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. Defendant does not have addendum in her possession and since it is not attached to the Complaint, Defendant cannot answer said averment. Admitted. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. Denied. Plaintiffwas attempting to get a new roof for what is alleged to be a small leak in the soffit. Negotiations were ongoing between the parties. Defendant believes Plaintiff has breached the Agreement and the deposit should be forfeited. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Denied. After reasonable investigation, Defendant is without knowledge or belie£as to the truth of said averment. Denied. After reasonable investigation, Defendant is without knowledge or belief as to the truth of said averment. Admitted. Admitted. Admitted. Admitted. Admitted. Denied. Despite this averment being immaterial because this is a de novo trial, there is no itemization of the judgment amount except that an award of $250.00 was granted plus court costs of $I37.22. By way of further answer, Plaintiff sued for $5,470.00 and was only awarded $250.00. Denied. Settlement offers are not permissible pleadings under the Pennsylvania Rules of Civil Procedure and this averment should be stricken in its entirety. 4 46. 47. Denied. See response to paragraph 45. Admitted. NEW MATTER 48. Plaintiff has failed to state a cause of action. 49. Plaintiff has failed to properly plead a misrepresentation or fraud claim which appears to be the basis of the Complaint. 50. Plaintiff incurred certain costs prematurely and has no right of reimbursement from Defendant since a contract was never executed as follows: 1. Title abstract of $90.00; and 2. Mortgage lock-in fee of $250.00. 51. Plaintiff is not entitled to reimbursement of the home inspection fee as Buyer contractually agreed to incur said cost as set forth in paragraph 8 of the Agreement for the Sale of Real Estate. WHEREFORE, Defendant, Ruby M. Woods, respectfully requests dismissal of the instant proceeding and judgment to be rendered in her favor. 5 Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Dated: June 6, 2003 By: Craig AflD:[ehl, ~iYe Attorney ID No. 52801 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 Counsel for Defendant SHIRLEY J. LLOYD, : Plaintiff : RUBY M. WOODS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION -, LAW VERIFICATION I, RUBY M. WOODS, VERIFY that the statements set forth in the foregoing DEFENDANT'S ANSWER WITH NEW MATTER are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. {}4904 relating to unswom falsification to authorities. Dated: Ruby ~/1. Wrood~ -- SHIRLEY J. LLOYD, : Plaintiff : RUBY M. WOODS, : Defendant : IN THE COURT .OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION -. LAW CERTIFICATE OF SERVICE AND NOW, this [ 0't&~ day of June, 2003, the undersigned hereby certifies that a tree and correct copy of the foregoing DEFENDANT'S ANSWER ¥~TH NEW MATTER was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Shirley J. Lloyd 2003 Chestnut Street Camp Hill, PA 17011 LAW OFFICES OF CRAIG A. DIEHL Helen E. Rasmussen, Legal Assistant 3464 Trindle Road Camp Hill, PA 17011-4436 (717) 763-7613 SHERIFF'S RETURN - CASE NO: 2003-01983 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LLOYD SHIRLEY J VS WOODS RUBY M REGULAR ROBERT BITNER , Cun~perland County,Pennsylvania, says, the within COMPLAINT & NOTICE WOODS RUBY M DEFENDANT , at 1936:00 HOURS, at 132 SOUTH 30TH STREET CAMP HILL, PA 17011 RUBY WOODS a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 2nd day of June by handing to the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /2 ~ day of  ~&%t3 A.D. /P~othonotary ' So Answers: R. Thomas Kline o6/o3/2oo3 SHIRLEY LLOYD eputy Sheriff SHIRLEY J. LLOYD Plaintiff V. RUBY M. WOODS Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF'S REPLY TO NEW MATTER AND NOW COMES, Plaintiff, Shirley J. Lloyd, and hereby files her Answer as follows: States a conclusion of law that requires no response. Denied. Plaintiff alleges in Paragraph 27 that Defendant concealed a defect in property when completing Seller Disclosure form. This misrepresentation was a violation of the Defendant's duty to disclose under 68 Pa.C.S.A. § 7308 which reads in part "In completing the property disclosure statement, the seller shall not make any representations that the seller or the agent for the seller ]mows or has reason to know are false, deceptive or misleading and shall not fail to disclose a known material defect." Denied. Plaintiffrelied upon the Defendant's good faith in paying for a title search and mortgage lock-in fee. These payments are customarily made by a purchaser of real property in anticipation that the contract will be fully performed. Denied. Plaintiff's agreement to pay for her home inspection was premised upon Defendant's good faith and the expectation that Defendant had not concealed property defects. If Defendant had properly disclosed the leak, that Defendant knew about, on her disclosure statement, Plaintiff would not have signed the contract and would not have incurred these costs or would have negotiated for a lowe. r price. WHEREFORE, Plaintiff demands judgment as stated in her complaint. Shirley J. Lloyd, Plaintiff, deposes and says, subject to 'the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities, that she has examined the foregoing Complaint and that the averments of fact set forth therein are true and correct upon her personal knowledge, information and belief. Dated: Respectfully submitted, B ' Y:Shirley J. Llffydz/ SHIRLEY J. LLOYD Plaintiff V. RUBY M. WOODS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1983 CIVIL TERM CIVIL ACTION-LAW CERTIFICATE OF SERVICE AND NOW, this 30th day of June, 2003, the undersigned hereby certifies that a tree and correct copy of the foregoing PLAINTIFF'S REPLY TO NEW MATTER was served upon the opposing party by way of United States First class mail, postage prepaid, addressed as follows: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011-4436 Shirley J. I~oyc(/ 2003 Chestnut Street Camp Hill, PA 17011