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Home My WebLink About03-3618STEVEN P. AMOS, Plaintiff VS. HERBERT J. MOFFITT and THELMA L. MOFFITT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL TERM CIVIL ACTION ~ LAW JURY TRIAL DEMANDED 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 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 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 the Plaintiff. You may lose money or property or other rights 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 STEVEN P. AMOS, Plaintiff VS. HERBERT J. MOFFITT and THELMA L. MOFFITT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 CIVIL TERM CIVIL ACTION - LAW ) JURY TRIAL DEMANDED COMPLAINT AND NOW comes Steven P. Amos, the Plaintiff, by and through his attorney, Michael L. Bangs, and in support thereof files the following Complaint: 1. Plaintiff, STEVEN P. AMOS, is an adult individual who resides at 2121 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendants, HERBERT J. MOFFITT and THELMA L. MOFFITT, are husband and wife and are adult individuals who reside at 38 Limekiln Road, Carlisle, Cumberland County, Pennsylvania. 3. On or about February 29, 1999, Defendants entered into an Agreement of Sale with Plaintiff for the purchase of the property located at 2121 Newville Road, Carlisle, Pennsylvania ("Premises"). 4. As part of the Agreement of Sale, the Defendants provided Plaintiff with a Sellers' Property Disclosure Statement. Attached hereto and marked as Exhibit A is a true and correct copy of the Sellers' Property Disclosure Statement. 5. Defendants, either individually or collectively, are in the business of the construction of homes and in fact built the Premises which is the subject of the Agreement of Sale. 6. Defendants resided in the Premises from the date it was built which was approximately in 1985. 7. In or around March, 2003, Plaintiff noticed a crack that was appearing by the planters box in the front of the Premises near the front cement stoop. 8. Plaintiff hired a contractor to review the crack to determine the cause and to make repairs. 9. The contractor advised Plaintiff that a further investigation was needed and he recommended removal of the basement paneling to look at the basement wall. 10. Defendants had constructed the basement and sold the Premises to Plaintiff as a finished basement with paneling and carpeting. 11. Upon removal of the paneling, Plaintiff discovered that a significant fracture was appearing in the basement wall. 12. Upon investigation, Plaintiff discovered that Defendants had made some remedial measures to hide the problems with the wall which included, but are not limited to, the following: A. Had used 4 x 4 treated posts in one area of the basement that apparently were used to secure the cracked wall; and B. Had applied plastic on the wall to hide or prevent moisture from seeping under the wall. The remaining basement was not constructed in this manner. 13. Defendants knew, at the time that they finished the basement, that there was a problem with the basement wall. 2 B. The Defendants had made remedial repairs to the bowed or cracked basement wall by putting up 4 x 4 treated lumber against that wall in order to secure the wall; and C. The placement of plastic on the wall in order to conceal the moisture. 21. The Defendants, when they completed the Sellers' Property Disclosure Statement, failed to indicate that there had been any problems with the basement wall; that they had taken any remedial measures to make repairs to the wall; that they had installed the 4 x 4 treated lumber and plastic in order to secure the wall; or otherwise had any problems with the wall. Defendants had a duty disclose to Plaintiff the problems with the wall and the repairs that were made to the wall prior to entering into the Agreement of Sale and on the Sellers' Property Disclosure Statement. 22. Plaintiff relied upon the representations made by Defendants concerning the condition of the Premises, particularly in light of the fact that the Defendants were builders and built the Premises. 23. As a direct and proximate result of the fraudulent misrepresentations and omissions of material facts, Plaintiff has been damaged. 24. Plaintiff has incurred damages in accordance with the following: A. Repair to the basement wall; B. Repair to the front porch and walk in order to fix the basement wall and complete repairs to the front walk resulting from the problems with the wall; C. Repair and replacement of the paneling that needs to be ripped out in order to make the repairs to the basement wall; 4 D. Repair and replacement of the carpet that needs to be replaced; E. Repair of the landscaping that needs to be removed in order to make the repairs to the wail; F. Repairs to the driveway; G. Removal of furniture and pool table in order to make repairs; and H. Repairs to the posts and porch material. 25. The costs of the repairs to Plaintiff exceed $35,000.00. WHEREFORE, Plaintiff demands judgment against the Defendants in an mount in excess of $35,000.00, together with interest and costs of suit. COUNT II VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. Paragraphs 1 through 25 are incorporated herein by reference as if more fully set forth. 27. Defendants engaged in a series of unfair and deceptive acts and practices directed against Plaintiff under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa. C.S.A. Section 201-1, et seq. 28. These unfair and deceptive acts included deceptive representations, representing that the Premises had characteristics that it did not have; representing that the Premises was of a quality that it was not; engaging in fraudulent conduct which created a likelihood of confusion and misunderstanding; and otherwise misrepresenting the condition of the Premises by failing to disclose on the Sellers' Property Disclosure Statement the problems with the basement wall and the remedial measures made to that wall. 29. Under the Unfair Trade Practices and Consumer Protection Law, Plaintiff is entitled to treble damages including payment of reasonable attorney's fees. 30. Plaintiff has hired Michael L. Bangs, Esquire, to pursue this matter at the rate of $150.00 per hour and will continue to incur legal fees until the completion of this matter. 31. Plaintiff, has incurred damages in accordance with the following: A. Repair to the basement wail; B. Repair to the front porch and walk in order to fix the basement wall and complete repairs to the front waik resulting from the problems with the wall; C. Repair and replacement of the paneling that needs to be ripped out in order to make the repairs to the basement wall; D. Repair and replacement of the carpet that needs to be replaced; E. Repair of the landscaping that needs to be removed in order to make the repairs to the wall; F. Repairs to the driveway; G. Removal of furniture and pool table in order to make repairs; and H. Repairs to the posts and porch material. 32. The damages incurred by Plaintiff, together with treble damages and reasonable attorney's fees, exceed $35,000.00. WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of the $35,000.00 together with reasonable attorney's fees and costs of suit. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I hereby verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. STEVEN P. AMOS 7 EXHIBIT A Sellers' Property Disclosure Statement 82/24/1999 12:27 717-243-8268 JACK ~ PAC-,-~ 82 SELLER'S PROPERT~ DISCLOSURE STATEMENT ..... ; h rCpl~s(,llialioll h~ ;111~ listin~ real ~5t~ hmkcr (Ajenl f~ ~llr), ~y ~1 ~ broker, or ~Jf a~ent~. I. NI':I.I.EK'S £XI)I':RTISE Nellcr docs m)t posses, expertise in t,ontmctiflg, cngineeritig, ~.u't,hilm:lare, or olhcr al'C~ i~.dulcd I(1 I~ 2. (X'¢TI. II'ANCY I). you. Seller, ~urmmly occupy thi~ JXOJ)elty'! L~Yes I 'I Nfl I1' "mC' whLm did yoIJ last occupy the R(X)F (;i) FJ:ile i1)ol' in,,,mlled; I ~ 7 f')ocu~nmd? r-1 Yea U No f'~ Un~n (h) I I;Is tim r<x)t' hm~n ~placcd or rc~i~ ~iflt y~r ~e~p? ~ Yes I I No 4c) H~ iht` ri,of ~ver Im~kcd during your ~hip? ~Yes ~N?) ~ (dj I')l~ yon know of any pn~lcmK wRh Ibc ~f, gu~ ~ ~ s~Ls ~ ~ I Yea I~xpli0n any "yc~" m~wer~ thai you give in ~is ~: ~ F~,~ ~ ~ ,I, BAF, EMENTS AND CRAWl, SPACES (Onnplete mdy If apl~eaMe) (a) f)~v.~ Illc pnqv.',ly have a ~unip pump? 13 Yea ill, No ~ Unknowil (h) An: you aware ol'any waler Icukagc, accumulation, of dampness wilhin thc baxemenl 0r cruwl apace? If "yt,s," describe in derail; . It') 1'~.~ you kiu~w ~d'any rup~lirs or other atte~# to c~ If "yC~." dcscri~ Ih~ ll~alilSa, cx~nL d~tq, led ~ Of ~ ~ ~n d~ ~ m~Jr ~w c~md ~: 5. TI~',RMrrEs/W(R)D DESTROYI~NG INSEC'I~ DRYIJlY£, ~q~ (a) Are ym~ away' of ;iffy termim~w~ dcs~ying in~c~s, ~, ~ ~s ~ling ~ ~c~'! [ } Yes (h) A~v y~m aware -f any ~mage to ~ pn~ cau~ ~ ~ted~ ~yin8 in~.. d~mt, or ~atn? (ti IsytJurpro~,lycu~'ntlynn~rcont~byaU~n~l~~y? I I Yex ~No , (d} A.' you aware .f :my tcrmit~st consol m~ ~ ~ t~ ~ ~y in ~ iq five y~? ~:Xldain imy "yes" ~ll~swcrK thai y~ ~ive iff ~ia ~: ~ ¸,1 ~[ Yes ,J~.N(, ,' II y¢'.~ ~N. ,,~ h. s'rRI. I(I'IJRAI, r£EMS iai Arc y(m :,wart` <)1' any past or pre.~nt water ~e ~ ~ ~ M m~ ~7 ~: Y~ ~ No .,., (h) Arc y()tt away' of lmy pa~l or pm~ent movc~nL s~h~ ~m~. ~ m~ ~lcms wi~ walls, foundations, (~r other ~trnc- it) Art~ y~m aware of ;.ly piml er present pn~n~n wi~ ~y~ w~wa~. ~i~. (x ~ining w~ls on the pr(q~rly'ff L J Yes ~ N~, 02/24/~999 ~2:27 7~7-243-0268 5AOK GAUC+EN PAGE A DDI T It INS/REMOI~EL~; If yes. describe: ~ ~ ~ ~/~ WATER AND NKWAGE (at Whal is Ibc s~m~'c of yo.r drinkin~ wale~ I ' Puh]i~ I ~ Community ~ysmm ~ Well on ~y ~hcr (explain) .. ~h) If your drinki.g water soling i~ o~ public: When w~ y-ur wa!ct la~l Icslcd? ~ Wha~ was ~ ~11 of the te~l?_ I~ IIic pumpm~ synlcm in working o~cr? ~ Yes I I No (~ 1~ you have a Md'lCn~l'. I~ll~r. or other pu~F~ion sy~lcm? ~ Yc~ I I No Il'yes. ix Iht ~yslcm ~ i I~u~ed ~ ~ (hl-~ilc (or Imlividua]) ~ewagc Havc you madc any additions, M~etural changc,~, or ~hcr altetnlion~ lo the property'! II'().-Sil¢. what ty[~? i I Ccsspcad I I Drainfield I-] Unknown I I Other(apccify): ..~/~*'~ /~i/~'~_ .... In II,crc it scplic lUllk on Ille Pr.perry'! ~ Ycx I J Nu I t Uflk~n If yrs. whm i~ Ihe {y~ ol' la.k? I ~ MctaVslccl ~ C~n~cn~lc ! ~ Fi~la~a ; I Uakm~n you aw:.~, of any le~ik.s, backup,,, or olhcr prnhlem.~ relating lo ~y of the plumbing, waler, and scwa~e-,~lulcd ilclll~'/ Yes ~No ~l COpl~:r I I Galvanized IJ Lead I I PVC I I I.Jnk~wn II )thk'r (explain): <hJ Arc' yo. awa, r .1' any problems with any of your plumbin8 fixtures (c.g., includinl~ hal no! ]imitcd to: kitchen. Immdry..r b;dh' nHMn I]Xhll~.',s: wel h~lr~: hol Will~r heulrr; etc.)? I I Y~ ~ No if "y~." ~.xpl.in: :,: {,1 'l~pc ~,i air ~',mtlilio~fillg: I I Cellini Elecldc r '1 Ccn~l Gw~ ~ Wall Ntllll~'l' ,d willdow illlil~ i~Iu(~ ill salc ~ ~ti~ 'l~lx' of healinF: ]1~ F. leclric I I Fuel Oil l.I Natural Gas I I ~M (Ol-silc) Arc' Ihcn. wo(~ or co.I I~lming slove~7 ~ Y~ ~ No If y~, ~ many? t A~ llmy wo~ing? ~ Yes Arc thew any Ii~placc~? I I Yes ~NO i~ y~, ~ ~y? ~ ~ ~in8? I ; Y~a No ~.,) No (dl Am Ihci'c any d~it,lncys? ~ Yc~ i ] No If ye~ how many? I Are ~y (c) I.isl ;my ;Irc'as of Iht. ho!laC that .~ not hem~: <1'~ '1~1)~ .I walu. r head.g: ~ Eleclric I I O~ ~ Sol~ OIh~.r: (~) An, y-u awm'c .f a.y undcrgrtmnd t~cl ~nk~ on Ibc ~y? f'~ Yes ~ No Arc y~,i, ;nvurc' of any pl',ddcnls with any itcm in this ~ti~? I'] Yom If "~e~." ~'x pi;da: .......... I I. I':I.I,:("I'RI('AI. SYS'I'I,:M Art! .w.[ awilrc of ;,ny pruhlems ~r Itpir~ needed in thc electrical .v,y~lcm'! i i Yes /~, No II "y~'~.." c~.llhll.: ...................... 02/24/1999 12:27 7i7-243-026@ JACK GAUC+EN PAGE 04 12. OTHF. R EQI. JIPMENT AND APPI.IANCE.g INCLUDED IN SALE (Compiett only if al~llcable) , I,~.lUipme. I and .Pl)lianccs .llim~mly incl~d in th~ ~ale wix ~ determined hy ncg(~ialio, and a,',.~in~ to Ibc tcrm~'.f Iht . (;0 I ~erh'i~ (~ai'age [)~mr ()l~ltCr No, of Tran~mil~ (h) I~m.kv I~tcCh.'~ How imray! ~ I.~ali~ ~l (c) ' Sccm'ily Alarm System I i ~i1~ I I [~a~d I~[~c [nfi~mtiSn ,,, (d) ~ I.awu ~prinklcr N~._.~ ['1 Aut~atic~r ([.) i ~WilltlITillg Pool ~ i P~x)l Healer I I S~H~Tuh Pool/Spa I ~uipalk'nl ( li~l ): t~'~ {t) Eeh'igeralor I~11~c I 'J Mtcmwavc Oven I~hwa~hcr ~1 T~ Conl~lor I i g~hasc I)i~l.~d (.ii ( )lhcr:. -- t:l.I A,~- any iiem~ in this ~clion in n~d of ~air ~ mp~e~? [ I Yes ~ No ' I 11nkm~wn ,, 13. I.ANI) (SOil,N. IIRAINAGE, AND~U~AR~) (a) Arc y.. aware ~}l' any fill or expansive noil ~ ~ ~y? i I Ye~ ~ No .., (bl Are you aware of any slidiqg. ~ttling, eaflh ~ve~flt, u~aval, sub~e, ur ~ ~lability ~lemn Ihal have ~-cu~d .n · . guh~idcuce In~urm,uc Fuml, 3ql3 Wa,hingkm Ro~, MeM~ay, PA I~]1? (412) ~l-?l(~). ' ~' (u) Arc you nwarc nf afly cxi~tin~ .r pmpn~ inimng, ~Hp-mining. 0r any (~r excuv~ion~ t~t might al)~-I Ibis properly? I! Ye~ ~No ~. Id) '11~ y~.,, kaowled~e, i.~ Ihi~ pm~Ay, nr ~ of it, h~a~ in a fl~ z0~ ~ wetlaeda am~? I ! Yc~ ~No ~ (e) I)*~ y.u know ol any pa~ or p~cnt drainage ~ fl~ing ~bms ~l~ttng ~ pm~? I I Yc~ ~ No (ri I). you km~w o1' uny encl~uchmenl~, ~mnd~ linc dilute, ~ ca.mem.? [ 'i Ye~ ~No ~.: C~t.~'l,~',l~ do IlOI t~'~fri('l Ihe o~/ina~ a.~ qff~ pn)~rty. ~ Seller ~. flor b~ ~di(v mv,~ ~'llwm. fi~r~rs m,y wgd~ w ~.~ detc'rmh.' IIw e. vi.~h'm'e i~['e~Lv~m~nl .nd ~trict~nx ~ ~mining the Im~ ami o~ri~g an Abstract fff'litl~ or ,~'~.n'lfi.~ ~,, the re~'o~d~ i, / · (~[)if-e of the Recorder of I)eed. v.lbr the c,unty ~ e~lerJnR t~lo an Ag~emenl ~ ,~le. ~ , ,, I~xplaia any *'ye~" aa~we~ thai you give in this ~li0n; ~,: ~, t.I. HAZARDOUS SUB~'I'ANCF~ · ~.~, (a) Al: you aware of any undc~rnund ~ks ~ ~ gu~ p~m ~ ~ ~ny (~l~lUm t~ ~til) ~uch a. ~11 alii ' , timilcd Io, as~sm~. I~*lychlodnut~ biphehyls (~Bs). Urea R~l~hy~ P~ Insulminn (HI,lqL crc.? I I Y~ ~ N~, (bi 'l~ ymlt km~wl~lge, has thc pm~y ~n lest~ R~ a~y ~m~ ~ubst~ccs? { I Yea ~ No ~:' l~'} I~} you km~w ol say other environmental con.ms th~ mi~l imp~ u~n ~ ~fly'? I I Yes ~ No ',, I{xplain y yes swcrs that you give in this ~fion: , ,: I)~1 v: 'I'YPI~ ~ll: Tt~T REqUI~ (p~um~iter or wo~ing levels} ~c1 Ar~ ylm aware td'a.y radon ~moval system tm ~ ~? [') Y~ ~No ,~ If ye~. iisi dale iliMallcd sad lyf of syste~. ~ ~e~ it is in ~ing ~r ~h~: I t Y~ [ J No I I Ye~ It No If I'mlx~rly wa~ ~o.~l~c~cd..~ if ~o~fi~ ~g~, ~fu~ 1~7~. you mum di~h~ ~y k~wl~d~e or' ~d-~a~d ~fim ~m ~ ,'~ I'ro[~ny. Are you aware of uny lead-ha~cd paint or Ic~*b~ ~int h~s on ~ ~y'? I I Y~s KNo , ~' I1' yc~, explaia Imw you km*w of it. where it is, ~ ~ ~ml of ~t~ le~-~ ~nt Ruffles; . . ~ 82/24/i999 12:27 717-243-8268 JACK GAI_IC_gAEN PAGE 85 (g) Il' Properly was ctm~lmcted..or if con~tmction began, before 1978. y~ mu~t di~lo~ m]~ m~mx or r~, or lead-~ paint CONIN)MINIIJMS AND (II'HER flOMEOWNIEi~ Atg.qO(~iA'l'lON,q (~ only If np~able} '1~: ~ ('ol~dm,inium ~ I C~mtive [q Ho~w~ A~iation ~ ~1 ('ommunity ,. (~hcl' Notice '~gord~ 'Cun~mi~tiem~, C~vts, ~ ~ Co~: Acco~in~ tn ,~ecth~ 3407 ,~' the Un~l},m~ (~md,,- nthtiut. Act It~ I',,, (~S. ~3407 (n'httinx to ~A'ale of ~its) a~ 6~ ~. C,$. g~ (~lating lo n'xttle q[c~n~l~rativt, htlt'~,yts)l n,ul m.~'li~m 54t17 q/the 13tiJhmt Planned Community Act [~ Pa. CS. 05407 (~latinR u* ~sale qI'unitsIJ, u h~ver t~ u ~stth. utdt in hr.w, th,, :-tth,s t. n.guhtrion.~ a~ a certificate of ~,~ule iszued by the as.~znr~tton 1~ the cam~inhtm, co~Hn, rativc, tm pltmned tutoltt~ 7~t ; bltyt'~ will htlt't' ~he opthm tq c'anceli~ the ag~e~nt with the retu~ t~/'~tll d~ln~sit me.cs until the ccH~/~¢v/It, has In,t.l~ ~.. i,.~vhh.d lo the h.ycr .nd.b.'.live ~h<vv there~rr or until c.~e~nce, what.ever tn'curs flrst, MIS(?EI.I.ANEO[ IN (;,) Am y.. aware of any existing or th~atcncd legal ~fion aff~tin8 ~ ~ny? I I Ycs ~ No (1~) Do y~.. know of any violatimts of fed~l, a~, ~ I~al la~ or ~ulat~'ml~in8 k) this pro~y? I I Yen ~ No · (c ) Are y~u a~;~re ~f a~y ~uh~ic impr~ve1t~cnt~ ~minium ~ ~ner ~i~im~ ~mcnls ~aian~ ~ ~r~l~ ~ha~ ~x~maht ' unp;tid ~r of an~ vh)lalio,ls of z~ming, ~)unin~, ~ilding, ~cty tw fi~ o~i~nces Ih~ re~t~n u~(~t~? I I Y~ ~ (d) A'x~y~uaw:~e~fa~y~u~gmcm~encum~ace`l~n(f~ex~plec~r~ui~yl~)~r~r~tagain~hispn~yth~tt " cmm~)t he n~fisficd hy thc ~t~ds of ~is ~lc? I ] Yes ~No (e)Arc you :~wan' of any n'a~m, iflcluding a ~i~t in titl~ ~ ~M ~cnt yin, I~ giving a w~ranty dct~ nr convcyin/T ti[k~ (f) Arc yoi~ ~ware of any malcrial dcl~cts to lhe ~y, dwelling, ~ lix~n which am na~ dJsclo~d cl~ on ihi~ fl~rm? II Ye~ ~No A material tk'lbcl is a pr.biota with thc ~y ~ any ~iun of it t~t ~ld have a signil~t adv~e im~tct on the val~ Ibc rc~[dcill[;ll ~cul pro~rly or that JllvoJven afl unm~nablc Hsk m ~ em t~ la~. :'T:' EXldain nny "yes" answt~m that y~ give in this ~ction: _ ~e unde~m~ ~ller ~p~ntn that ~ i~ ~ ~ ~ ~ diem ~nt in ~eumte a~ t~ to the e~y and h~ othcr mai en~le agent. SELI,ER ALONE ~ ~NSIBLK ~R ~E AC(~IRACY OF Tile INFORMATION /~,~ (N)NTAINED IN THIS STATEMENT. ~ s~ ~ BU~r ~ ~ ~ In w~nR ~ any [~ti~ su~l~ aa Ih~ which in m~'~d imwcurate by a chan~ in ~ c~mdi~ ~t~ p~ ~w~ ~ ~ t~ fn~. ' ',?r, '~'; SI';I,I,ER '/, SELl.ER RXECIJ3'OR. ADMINIS'I['IOkTOI~ TRUSTEE $1GNATIJ RE BLOCK DATE RECEIPT AND ACKIqOWI~DGI~IENT BY BUYKR BUYER . __ DATE BIIYER I)A'I'E STEVEN P. AMOS, Plaintiff V HERBERT J. MOFF1TT and, THELMA L. MOFFITT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 3618 CIVIL TERM : : NOTICE TO PLEAD To: Steven P. Amos c/o Michael L. Bangs, Esquire 302 South 18th 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. Date: August l'~ ,2003 H e~X ilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 STEVEN P. AMOS, Plaintiff V HERBERT J. MOFFITT and THELMA L. MOFFITT, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003 - 3618 CIVIL TERM : : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED ANSWER TO COMPLAINT Defendants, Herbert J. Moffitt and Thelma L. Moffitt, by their attorneys, Broujos & Gilroy, P.C., sets forth the following in response to the Complaint file in the above matter: 1. Admitted. 2. Admitted subject to the fact that Defendants reside at 11 Royal Drive, Carlisle, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied that Defendant Theima L. Moffitt is in the business of the construction of homes. Admitted that Defendant Herbert J. Moffitt has been involved in the construction of homes since approximately 1990. However, at the time of construction of the premises, Defendant Herbert J. Moffitt worked at AMP. 6. Admitted that Defendant resided in the premises. Denied that Defendant resided in the premises until 1985. On the contrary, Defendant resided in the premises until the sale of the premises to the Plaintiff herein. 7. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 8. Denied. After reasonable investigation, Defendants do not have sufficient information to determine thc truth or falsity of this allegation. Proof thereof is demanded. 9. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 10. Admitted. 11. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegatiolr Proof thereof is demanded. 12. Denied. Defendant did not take any remedial measures to hide any problems with the wall in question. At the time of construction of the home, there was a hairline crack in the wall which was noted by Defendants. That crack was repaired by a contractor who was retained by the Defendants to do the masonry work on the home. Admitted that 4 x 4 treated posted were constructed in the home. Denied that said posts were constructed to secure the wall or hide any problems. On the contrary, said posts were constructed to support the concrete garage floor above that area of the basement. Denied the plastic was placed on the wall to hide any problems. On the contrary, said plastic was placed on wall in the normal course of finishing the basement consistent with the practice of placing plastic on walls were masonite paneling is to be erected in the basement. 13. Denied. On the contrary, Defendant was not aware of any problem with the basement wall at the time the home was built nor did Defendant have any information concerning the basement wall of the premises suggesting any problems at the time the property was sold to Plaintiff in 1990. 14. Denied. The allegations as set forth in Paragraphs 12 and 13 above are incorporated herein by referenced thereto. 15. Denied. Said allegation is a conclusion of law and does not require a responsive pleading. In the alternative, Defendants had no information that there was any problem with the wall in question prior to sale. 16. Admitted. 17. Denied. Defendants deny that there are any problems with the basement wall at the time of the sale of the house as more fully set forth in new matter below. Additionally, in the event there were problems with the wall, Plaintiff was offered the opportunity to have an inspection of the property and, in fact, Plaintiff did employ a home inspector prior to purchase of the property. COUNT I FRAUD 18. No responsive pleading is required. 19. Denied. The allegations set forth in Paragraphs 12, 13, 15 and 17 are incorporated herein by reference thereto. Furthermore, Defendants deny any 3 misrepresentation or concealment of any material fact concerning the premises and further deny any failure to disclose material facts to the Plaintiff. 20. Denied. The allegations as set forth in paragraph 12, 13, 14, 15, 17, and 19 are incorporated herein by reference thereto. 21. Admitted that Defendants did not make any reference to the basen~ent wall in the Seller's Property Disclosure Statement. Denied that there were any problems with the basement wall to which Defendants were obligated to indicate in the Disclosure Statement and denied that there was any duty upon the Defendants to provide any information to the Plaintiffs concerning the basement wall. 22. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 23. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 24. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 25. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. COUNT II VIOLATION OF UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 26. No responsive pleading is required. 27. Denied. Defendant did not engage in any series of unfair and deceptive acts and practices. It is further denied that the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 Pa.C.S.A. §201-1, et seq. applies to the transaction between Plaintiff and Defendants. 28. Denied. The allegations as set forth in paragraph 12, 13, 14, 15, 17, and 19 are incorporated herein by reference thereto. 29. Denied. Said allegation is a conclusion of law and does not require a responsive pleading. 30. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 31. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. 32. Denied. After reasonable investigation, Defendants do not have sufficient information to determine the truth or falsity of this allegation. Proof thereof is demanded. WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiff's Complaint. NEW MATTER 33. Defendants allegations as set forth in Paragraphs 1 through 32 above are incorporated herein by reference thereto. 34. The sale of the premises from the Defendants to the Plaintiff was done through a real estate firm via a listing as a residential sale. 35. The sale of the premises from Defendants to Plaintiff was not the sale of a newly constructed home and was not done in the normal course of Defendants business in 1999. 36. The sale by the Defendants to the Plaintiff was the sale of Defendants home and was not in any way a business transaction related to Defendants construction business. 37. Plaintiff's claim is barred by the applicable Statute of Limitations. WHEREFORE, Defendants Complaint. request your Honorable Court to dismiss Plaintiff's Respectfully submitted, (717) 243'4574 Supreme Court ID No. 29943 6 We verify that the statements made in the foregoing document are true and correct. We understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: Herbert J. Mo Thelma L. Moffitt AMOS ANSWER TO NEW MATTER D SK 6 / AUGUST 19, 2003 STEVEN P. AMOS, Plaintiff VS. HERBERT J. MOFFITT and THELMA L. MOFFITT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3618 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER 33. No answer required. 34. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 35. Denied. Plaintiff is without knowledge sufficient to form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 36. Denied. Plaintiff is without knowledge sufficient to :form a belief as to the troth of this averment and therefore it is denied and strict proof thereof is demanded at the trial of this case. 37. Denied. This averment is a legal conclusion to which no answer is required. To the extent an answer is required it is denied and strict proof thereof is demanded at the trial of this case. AMOS ANSWER TO NEW MATTER / DISK 61 / AUGUST 19, 2003 WHEREFORE, Plaintiff requests this Honorable Court to enter judgment against the Defendants in accordance with his Complaint. Respectfully submitted, Attorney for Plaintiff 302 South 18th Sm:et Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 2 AMOS ANSWER TO NEW MATTER / DISK 61 / AUGUST 19, 2003 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 DATE: Legal AssiStant SHERIFF' S RETURN - REGULAR CASE NO: 2003-03618 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMOS STEVEN P VS MOFFITT HERBERT J ET AL BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE MOFFITT HERBERT J DEFENDANT , at 1927:00 HOURS, at 11 ROYAL DRIVE CARLISLE, PA 17013 HERBERT MOFFITT 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 30th day of July by handing to the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~ ~- day of f/" So Answers: R. Thomas Kline 07/31/2003 MICHAEL BANGS By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2003-03618 P COMMONWEALTH OF PENNSYLV~NIA: COUNTY OF CUMBERLAND AMOS STEVEN P VS MOFFITT HERBERT J ET AL REGULAR BRIAN BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE MOFFITT THELMA L DEFENDANT , at 1927:00 HOURS, at 11 ROYAL DRIVE CARLISLE, PA 17013 THELMA MOFFITT a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 30th day of July , 2003 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this d ~ day of A.D. 'Prothonotary So Answers: R. Thomas Kline 07/31/2003 MICHAEL BANGS By: Deputy Sheriff STEVEN p. AMOS, ) Plaintiff ) ) ) HERBERT J. MOFFITT and ) THELMA L. MOFFITT, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3618 CIVIL TERM CIVIL ACTION - LAW PRAE~CIPE_ TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued. Respectfully submitted, MICHAEL L. Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Co~ ID ~41263 Date: April 6, 2004