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HomeMy WebLinkAbout09-2741RSR REALTORS®, LLC, 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff V. PHILLIPE HAOUZI and ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants In the Court of Common Pleas Cumberland County, Pennsylvania No. Q' ? - )---7 y Gtv; I : Civil Action - Law NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. IF YOU WISII 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 AN ATTOkNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YbtJ FAIL TO DO SO THE CASE MAY PROCEED WIT14OUT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 RSR REALTORSO, LLC, 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff vi. PHILLIPE HAOUZI and ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants In the Court of Common Pleas Cumberland County, Pennsylvania No. a--q' 3-7 Y C r? r -f -fin" : Civil Action - Law COMPLAINT AND NOW, comes Plaintiff, RSR REALTORS®, LLC, by and through its counsel, James L. Goldsmith, Esquire and Elizabeth H. Feather, Esquire of Caldwell & Kearns, P.C., and avers as follows: 1. Plaintiff, RSR REALTORS®, LLC ("Plaintiff'), is a limited liability company duly organized under the laws of Pennsylvania and having a registered office at 3 Lemoyne Drive, Suite 100, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendants, Phillipe Haouzi and Annick Haouzi are husband and wife and reside at 1640 Whitley Drive, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. On or about May 16, 2008, Defendants entered into an Exclusive Buyer Agency Contract for a period of six (6) months to perform real estate services for Defendants for a fee. A true and correct copy of the Exclusive Buyer Agency Contract is attached thereto and made part hereof as Exhibit "A". 4. The Exclusive Buyer Agency Contract provides, inter alia, that Plaintiff's fee is earned if Defendants enter into a sale agreement during the term of their Exclusive Buyer Agency Contract. 5. The Exclusive Buyer Agency Contract provides that the Defendants shall pay Plaintiff a broker's fee of not less than three (3%) percent of the purchase price plus an additional One Hundred Fifty Dollars ($150.00). 6. On or about August 7, 2008, Defendants entered into an Agreement of Sale to purchase the property known as 1640 Whitley Lane, Harrisburg, Pennsylvania, for a purchase price of Six Hundred Twenty-One Thousand Dollars ($621,000.00). 7. On or about September 29, 2008, settlement of the property was held and Defendants became the legal title owners of the property. A true and correct copy of the Deed is attached hereto and made a part hereof as Exhibit "B". 8. Despite the provisions of the Exclusive Buyer Agency Contract and despite the repeated demands of Plaintiff, Defendants have refused to pay Plaintiff's broker's fee of Eighteen Thousand Seven Hundred Eighty Dollars ($18,780.00). 9. Defendants have breached the terms of the Exclusive Buyer Agency Contract by failing to pay the broker's fee owed to Plaintiff when it became due. WHEREFORE, Plaintiff demands judgment in its favor in the amount of Eighteen Thousand Seven Hundred Eighty Dollars ($18,780.00) plus interest and costs of suit. Respectfully submitted, Date: y _L30 LO By: Eliz eth H. Feather, Esquire Attorney I.D. #92618 James L. Goldsmith, Esquire Attorney I.D. # 27115 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (Fax) Attorneys for Plaintiff 07161-004-147589 2 C,h,?J 14 BUSINESS RELATIONSHIP BETWEEN BROKER AND BUYER Elkliolf 14i This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). BROKER (Company) 1Z S K P-V411, -jo r?i LICENSEE(S) L l9rff- ES . ?`^ u ?F Note: The terms "buyer," "seller,"and "bay" also will be construed to mean "tenant, " "landlord," and `rent,"r espeethwly, throughout this agreement BUSINESS RELATIONSHIP AS DESCRIBED IN THE CONS R NOTICE Does Buyer have a business relationship with another broker? ? Yes No If yes, explain: Broker and Buyer agree to the following business relationship as allowed by Broker's Company policy: ? SELLER AGENT (for properties listed with Broker)/SUBAGENT FOR SELLER (for properties listed with other companies). ? TRANSACTION LICENSEE (for properties not listed with Broker; however, if property is listed under an agency contract with Broker, Broker is a Seller's Agent). BUYER AGENT (for properties listed with Broker and other companies, and for properties not listed with any broker) Broker will be Buyer's Agent under the terms agreed to in the Buyer Agency Contract below. I 1. 2. 3. 4. 5. EXCLUSIVE BUYERAGENCY CONTRACT TERM (A) No Association of REALTORS® has set or recommended the term of this contract. Broker and Buyer have discussed and agreed upon the length or term of this Contract. (B) This Contract applies to any property that Buyer chooses to buy during the term of this Contract. Buyer will not enter into a Buyer Agency Contract with another broker/licensee that begins before the Ending Date of this Contract. Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: M'1 ((61 2.1c Ending Date: This Contract ends w%n4 r-iU-c F-? A- p ,-I-Tr c, P IV y-10-.r jr, , r, (C) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement. (D) If Buyer is negotiating or has signed a lease, this Contract ends upon possession. BROKER'S FEE No Association of REALTORSS has set or recommended the Broker's fee. Broker and Buyer have nego- tiated the fee Broker will receive for performing real estate services for Buyer. (A) It is Broker's policy to accept compensation offered by the listing broker and/or the seller. Broker may be paid a fee that is a percentage of the purchase price (or in the case of a lease, a percentage of the total amount of rent due over the term of the lease). Even though Broker's Fee, or a portion of it, may be paid by a seller or listing broker, Broker will contin- ue to represent the interests of Buyer. (B) 1. If the amount received in paragraph 2(A) from a listing broker is less than ?S As , then Buyer will pay Broker the difference or include it as a term in the Agreement of Sale for the seller to pay. 2. If the amount received in paragraph 2(A) from a seller not represented by a broker is less than 3,/. , then Buyer will pay Broker the difference or include it as a term in the Agreement of Sale for the seller to pay. (C) In addition to any amounts paid to Broker in subparagraphs 2(A) and/or 2(B), Buyer will pay Broker an additional amount of % S as part of Broker's fee. (D) 1. Broker's Fee is earned if Buyer enters into a sale or lease agreement during the term of this Contract, whether brought about by Broker, Broker's agents or by any other person, including Buyer. 2 If Buyer enters into a sale/lease agreement for a property after the Ending Date of this Contract, Buyer will pay Broker's Fee: (a) if the sale/lease is a result of Broker's actions during the term of this Contract, OR (b) if the property was seen during the term of this Contract, AND (c) Buyer is not under an exclusive buyer agency contract. with another broker at the time Buyer enters into a sale/lease agreement. DUAL AGENCY Buyer agrees that Broker may also represent the seller of the property that Buyer might buy. The Broker is a DUAL AGENT when representing both the seller and the buyer in the sale of a property. DESIGNATED AGENCY Not Applicable. Applicable. Broker may designate licensees to represent the separate interests of Buyer and the seller. Licensee (iden- tified above) is the Designated Agent, who will act exclusively as the Buyer Agent. If Licensee is also the Seller Agent, then Licensee is a DUAL AGENT. CONFLICT OF INTEREST A conflict of interest is when Broker or Licensee has financial or personal interest in the prop- erty where Broker or Licensee cannot put Buyer's interest before any other. If Broker, or any of Broker's licensees, has a con- flict of interest, Broker will notify Buyer in a timely manner. ` Buyer Initials: I Pennsylvania Association of REALTORS® 2 3 J J '2 '.5 .4 2" rj nz S.- 25 r 29 2.? z e• BR Page 1 of 2 Broker/Licensee Initials:??? 5r COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTOR" n% 3/06 _AvrLIK'N KLLAHUMbkUr WITH JKLLEK ? as ` (A) Buyer understands that, if Broker is also working as a Seller Agent/Subagent for Seller or Transaction Licensee, Broker may ? receive a fee from the seller. As a Seller Agent/Subagent for Seller or a Transaction Licensee, Broker may not charge any fee to Buyer without a signed written agreement. F., (B) Broker may provide services to a seller for which Broker may accept a fee. Such services may include, but are not limited r' to, listing property for sale; deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, construction, repair, or inspection services. Broker will disclose to Buyer if any fees are to be paid by the seller. 7. OTHER BUYERS Licensee may show or present the same properties to other buyers. ' 8. TRANSFER OF THIS CONTRACT Buyer agrees that Broker may transfer this Contract to another broker. Broker will noti- fy Buyer immediately in writing if Broker transfers this Contract to another broker. + 9. CONFIDENTIALITY Buyer understands that sellers or sellers' representatives might not treat the existence, terms or conditions of any offer as confidential unless there is a confidentiality agreement between Buyer and the seller. 10. DEPOSIT MONEY (A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Licensee receives in an escrow account as required by the real estate licensing laws and regulations until the sale is completed or the agreement of sale is ended. Buyer agrees that Broker may wait to deposit any uncashed check that is received as deposit money until Buyer's offer has been accepted. - (B) If an agreement of sale is ended and there is a dispute over whether the buyer or seller should get the deposit monies, a bro- ker is not legally permitted to decide which party should get the deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate Commission to retain the monies in escrow until the dispute is resolved by the parties. If a lawsuit is filed, a broker will distribute the monies according to the terms of a final order of court or a written agreement of the parties. If Buyer joins Broker or Licensee in a lawsuit for the return of deposit monies, Buyer will pay Broker's and Licensee's attorneys' fees and costs. 11. BUYER INSPECTIONS (A) Unless Buyer and the seller agree otherwise, real estate is sold in its present condition. It is Buyer's responsibility to deter- mine whether the condition of the property is satisfactory. Buyer may request that the property be inspected, at Buyer's expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are not limited to: electrical; plumbing; heating, ventilating and air conditioning; appliances and fixtures; water infiltration; basement; roof; boundaries; asbestos, mold and indoor air quality, carbon monoxide, radon, and environmental - hazards or substances; wood-destroying insect infestation; on-site water service and/or sewage system; and lead-based paint. Buyer's request for any inspection should be made to Broker before entering into an Agreement of Sale or lease. -- (B) Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by the seller or seller's broker. Such information may include, but is not limited to, the information on the Seller's Property Disclosure Statement, including environmental conditions; MLS information, including information regarding restrictions, taxes, == assessments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless otherwise noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy. 12. OTHER : ?.a Buyer has read and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336 and the Notices to Buyers in this agreement. Pennsylvania law requires that a business relationship between Broker and Buyer be in writing. This is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not a a part of this agreement. Any changes or additions to this agreement must be in writing and signed by the Broker and Buyer. Return by facsimile (FAX) transmission constitutes acceptance of this agreement. NOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT AN ATTORNEY. Buyer gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) listed below. *1-7 . 717- 4r & 7 Z BUYER'S MAILING ADDRESS: gC -7 17 112- 41 & -7 S? r -J PHONE: `71-7 7.?-5C, - I FAX: E-MAIL: _NW4Avc Tii Co. vim C-r!5 . q,..' BUYER DATE BUYER DATE BUYER DATE _ BROKER (Company Name) ACCEPTED BY DATE 4' ''? F ^ BR Page 2 of 2 ?x??h;+ ? INST#: 20080036314 Recorded: 10/01/2008 at 12:27:53 PM 4 PAGES JAMES M.'ZUGAY•, RECORDER OF DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CMECK J This Indenture, made the 2.4141 day of S6MIIAK2008, Between JOHN E. GURSKI AND ROSEMARY GURSKI, TRUSTEES, or their successors in trust under the John E. Gurski Living Trust dated October 16, 2000 and any amendments thereto, and Rosemary Gurski and John E. Gursid, Trustee, or their successors in trust under the Rosemary Gurski Living Trust dated October 16, 2000, and any amendments thereto, as Tenants in Common (hereinafter called the Grantor), of the one part, and PHILLIPE A. HAOUZI AND ANNICK R. HAOUZI, HUSBAND AND WIFE (hereinafter called the Grantees), of the other part, Witnesseth, that the said Grantor for and in consideration of the sum of SIX HUNDRED TWENTY ONE THOUSAND AND 00/100 (5621,000.00) lawful money of the United States of America, unto him well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantees, as tenants by the entirety ALL THAT CERTAIN tract or parcel of land situate in Lower Paxton Township, Dauphin County, Pennsylvania more particularly described in accordance with the Final Subdivision of Plan for Huntclub, Phase III, prepared by John K. Bixler, III, Professional Land Surveying Services, dated April 17, 1996, revised September 18, 1996, and recorded on October 3, 1996 in the Office of the Recorder of Deeds for Dauphin County in Plan Book I, Volume 6, Pages 65-68, as follows, to wit: BEGINNING at a point, said point being located on the western right of way line of Whitley Drive at the common property comer of Lot No. 40 and Lot No. 41 as depicted on the Final Subdivision Plans for Huntclub, Phase III, recorded in Plan Book I, Volume 6, Pages 65-68 of the Dauphin County Courthouse; thence continuing along the western right of way of Whitley Drive, South 28 degrees 02 minutes 59 seconds West, a distance of 38.19 feet to a point; thence continuing along the same on a curve to the left having a radius of 175.00 feet, an arc length of 70.00 feet, a chord bearing of South 16 degrees 35 minutes 26 seconds West and a chord distance of 69.53 feet to a point at the common property corner of Lot No. 42 and Lot No. 41; thence continuing along Lot No. 42, North INSTR04ENT #: 20080036314 PAGE 2 OF 4 86 degrees 23 minutes 55 seconds West, a distance of 382.78 feet to a point on the property line of Lot No. 43 (non buildable lot) at the common property corner of Lot No. 41 and Lot No. 42; thence continuing along Lot No. 43, North 13 degrees 59 minutes 48 seconds East a distance of 129.34 feet to a point at the common property corner of Lot No. 41, Lot No. 43 and Lot No. 32 of Huntclub, Phase 1, recorded in Plan Book R, Volume 4, Pages 31-34 of the Dauphin County Courthouse; thence continuing along Lot No. 32 of Huntclub, Phase I, North 15 degrees 48 minutes 01 seconds East, a distance of 67.27 feet to a point at the common property comer of Lot No. 32 of Huntclub, Phase I and Lot No. 41; thence continuing along the same, North 36 degrees 38 minutes 00 seconds East, a distance of 74.40 feet to a point on the property line of Lot No. 32 of Huntclub, Phase I at the common property corner of Lot No. 40 and Lot No. 41 of Huntclub, Phase a thence continuing along Lot No. 40, South 61 degrees57 minutes 01 seconds East, a distance of 369.22 feet to the point of beginning. CONTAINING 1.636 acres. SUBJECT to a 15 feet wide drainage easement, all dedicated rights of ways, all applicable subdivision planning notes and all previously recorded restrictions and covenants. BEING Lot No. 41 on the aforementioned Final Subdivision. Subject to all dedicatory rights of ways, applicable site development and subdivision planning notes, previously recorded Declaration Creating and Establishing Huntclub Homeowners Association recorded in the Dauphin County Recorder of Deeds Office at Book 2713, Page 241 and Huntclub Declaration of Restrictions, Covenants and Conditions, Phase III recorded in the Dauphin County Recorder of Deeds Office at Book 2713, Page 225 and the Pennsylvania Power & Light Company Right of Way recorded in Misc. Book H-7, Page 271 BEING the same premises which John E. Gurski and Rosemary Gurski by deed dated October 16, 2000 and recorded November 24, 2000 in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania in Book 3819, Page 003 granted and conveyed unto John E. Gurski and Rosemary Gurski, Trustees, or their successors in trust under the John E. Gurski Living Trust dated October 16, 2000, and any amendments thereto, and Rosemary Gurski and John E. Gurski, Trusteed, or their successors in trust under the Rosemary Gurski Living Trust dated October 16, 2000, and any amendments thereto, as Tenants in Common, Grantors herein. Together with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of him, the said grantor, as well at law as in equity, of, in and to the same. INSTRUMENT #: 20080036314 PAGE 3 OF 4 To have and to hold the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. And the said Grantor, for himself and his heirs, executors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that he, the said Grantor, and his heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against him, the said Grantor, and his heirs, will warrant and defend against the lawful claims of all persons claiming by, through or under the said Grantor but not otherwise. In Witness Whereof, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: • %,ulS1t? • oZl, (SEAL) JOffiV E. GURS ,TRUSTEE QIWMA ?V 4L &IEAL) ROSEMARY URSIG, TRUSTEE Commonwealth of Pennsylvania I ss County of Dauphin On this, thea4 day of 4'F/ 2008, before me, the undersigned Notary Public, personally appeared John E. Gnisla1nubee and Rosemary Garsla, Trustee Imown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclmowledged that he executed the same for the purposes therein contained. IN WTINESS WHEREOF, I hereunto set my hand and official seal. COWX*NNALTH OF PENNSYLVAM MAKVN CICiELU, Nodry PM& Notaryblic my CMoR? 4MIK 4, 3010 My commissi expires The precise residence and the complete post office w H HOMEY OIL ad of the above-named Grantees is: v`?+ 0 -?k)Xtdr _ H,4xm4sgvr.6 PA 171i l On behalf of the Gran ees James M. Zugay, Esq. Recorder of Deeds (717) 780-6560 Candace E. Meck • First Deputy Recorder of Deeds Harrisburg, Pennsylvania CERTIFIED END PAGE INSTRUMENT #: 20080036314 RECORD DATE 1 011 02008 12 27:53 PM RECORDED BY: CMECK DOC TYPE DEED AGENT: A. MARK VNNTER DIRECT NAME: GURSKI, JOHN E. TR INDIRECT NAME: HAOUZI, PHILLIPE A. RECORDING FEES - State: $0.50 RECORDING FEES - County: $13.00 ACT 8 OF 199& $5.00 TOTAL NAMES: $1.00 COMMONWEALTH OF PA: $6210.00 MUNICIPALITY: $3105.00 LOWER PAXTON TWP SCHOOL DISTRICT: $3105.00 CENTRAL DAUPHIN AOPC: $10.00 AFFORDABLE HOLING: $13.00 Parcel ID: I Certify This Document To Be Recorded In Dauphin County, Pennsylvania. Location: Dauphin County Courthouse Room 102 Fronk & Market Streets Harrisburg, PA 17101 James M. Zugsy, Recorder of Deeds THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH, THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. RSR REALT SO, LLC Dated: ? 100 By: ?' 0 q,-t? , Greg RotAaA *eSL Fv 0?5 T?--Ir n JC' !" i i l<}l fS1 i j ' if c% A y s-7°ca 73 5- Sheriffs Office of Cumberland County R Thomas Kline i'OlOr of '1-'111r+6? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE ,"- SRER19w Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Annick Haouzi, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 05/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Phillipe Haouzi, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 05/06/2009 09:26 AM - Dauphin County Return: And now May 6, 2009 at 0926 hours I, Jack R. Lottwick Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Annick Haouzi by making known unto Annick Haouzi, adult in charge at 1640 Whitley Drive, Harrisburg, Dauphin County, Pennsylvania, 17111, its contents and at the same time handing to her personally the said true and correct copy of the same. 05/06/2009 09:26 AM - Dauphin County Return: And now May 6, 2009 at 0926 hours I, Jack R. Lottwick Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Phillipe Haouzi by making known unto Annick Haouzi, adult in charge at 1640 Whitley Drive, Harrisburg, Dauphin County, Pennsylvania, 17111, its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 May 11, 2009 2009-2741 RSR Realtors v Phillipe Haouzi o 7Z r :-r; . . < ...J RSR REALTORS, LLC 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff v. PHILLIPE HAOUZI and , ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-2741 CIVIL TERM :CIVIL ACTION - LAW 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 RSR REALTORS, LLC 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff V. PHILLIPE HAOUZI and , ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants :IN THE COURT OF COHM10N PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-2741 CIVIL TERM :CIVIL ACTION - LAW DEFENDANTS' ANSWER AND NEW MATTER AND NOW, this 3rd day of June, 2009 come the Defendants, PHILLIPE HAOUZI and ANNICK HAOUZI, by and through their attorney, A. MARK WINTER, ESQUIRE and pursuant to Pa. R.C.P. 1017 and 1030 provide this Answer and New Matter and in support thereof aver as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Admitted that the Defendants signed the document identified as Exhibit "A" in Plaintiff's Complaint. Denied that the document fully and accurately contains all of the terms and conditions Defendants discussed with Plaintiff's agent. Further denied that Defendants fully understood all of the terms and conditions contained in the document. By way of further explanation, see Defendants' New Matter. 4. Admitted in part and denied in part. Admitted as to what is stated on the face of the document. Denied that the statements contained in the document fully and accurately reflect all of the terms and conditions Defendants discussed with Plaintiff's agent before executing the document. Further denied that the Defendants fully understood all of the terms and conditions contained in the document. By way of further explanation, see Defendants' New Matter. 5. Admitted in part and denied in part. Admitted as to what is stated on the face of the document. Denied that the statements contained in the document fully and accurately reflect all of the terms and conditions Defendants 2 13. In the fall of 2007, the Defendants entered into a written agreement with Sandie Pharmer, an agent of Jack Gaughen Realtor ERA, to assist them in purchasing a home. 14. Sandie Pharmer worked actively with the Defendants from the fall of 2007 until their September 29, 2008 settlement, during which time she showed them many houses and keep in communication with them regarding houses that were available and were suitable for their needs and price range. 15. In May of 2008 an acquaintance of the Defendants suggested they should contact Leah B. Muroff, an agent with Plaintiff, as someone who was knowledgeable of the housing market on the West Shore and the western part of Dauphin County. 16. On or about May 16, 2008 Defendants met with Plaintiff's agent, Leah B. Muroff, at their place of work to discuss their interest in buying a house. 5 17. At the meeting, Defendants made a full disclosure of their prior relation with Sandie Pharmer and of the fact that she had already shown them several houses. 18. Defendants further advised Leah B. Muroff that they wanted to pay a commission to Sandie Pharmer if she introduced them to a house they eventually purchased and that they were seeking the services of Leah B. Muroff to introduce them to houses they had not previously seen in a geographic area they had not previously explored with Sandie Pharmer. 19. Defendants asked Leah B. Muroff if the document she had brought with her could be amended to protect Sandie Pharmer and to insure that she would receive a commission if they bought a house through her efforts. 20. Leah B. Muroff told Defendants the document was a standard document and could not be changed. 21. Leah B. Muroff fraudulently induced Defendants to sign the document identified as Exhibit "A" by failing to disclose that the document could in fact be amended by 6 Defendants. 22. The document identified as Exhibit "A" is a contract of adhesion in that Leah B. Muroff did not fully and completely explain the terms of the contract to Defendants and forced them to accept a "take it or leave it" arrangement. 23. Leah B. Muroff, acting as agent of her principal, gave no consideration to the Defendants to have them sign the document she presented to them. 24. The document identified as Exhibit "A" at Paragraph 2 B 1 and 2 states only the numerical figure 3%. 2t does not state any other words to describe as to what the 3% applies. 25. The document identified as Exhibit "A" is void for vagueness as it was improperly drafted and no dollar amount is stated. 26. Defendants reasonably believe and aver that the actions of Leah B. Muroff in fraudulently inducing these to sign 7 the document identified as Exhibit "A" constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Laws, 73 Pa. S.A. §201-1 et seq. in that she failed to fully disclose what the document stated and failed to disclose that it could be amended. 27. In obtaining Defendants' signatures under fraudulent and deceptive means, Leah B. Muroff engaged in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding as defined under 73 Pa. S.A. §201- 2 (4) (xxi) . 28. Plaintiff should be collaterally estopped from bringing this action because the Professional Standards and Arbitration Committee of the Pennsylvania Association of Realtors has already determined in an arbitration hearing on March 20, 2009 that neither Plaintiff nor Leah B. Muroff are entitled to receive a commission based upon the very facts and documents contained in the present case. 29. Leah B. Muroff showed houses to Defendants only in May of 2008. 8 30. Several of the houses Leah B. Muroff showed to Defendants were her own listings for which she would receive a full commission if she were both the listing and selling agent. 31. Leah B. Muroff breached her fiduciary duty to act in Defendants' best interest by focusing her showings on her own listings and not on properties that were suitable to Defendants. 32. Leah B. Muroff committed a conflict of interest by focusing her showings on her own listings. 33. None of the properties shown by Leah B. Muroff were the types of houses Defendants had indicated to her they were looking for and none were in the price range Defendants had discussed with her. 34. Defendants themselves made contact with a builder to look at some of his properties. The only contact Leah B. Muroff made with the builder was to call him to tell him that she was entitled to a fee if the Defendants bought from him. 9 35. The Defendants were in France during most of June, 2008, but from the time they returned in late June until mid August, Leah B. Muroff did not show them any properties. 36. On or about April 24, 2008, Sandie Pharmer sent information to the Defendants about a property at 1640 Whitley Drive, Lower Paxton Township, Dauphin County, PA being available for purchase. This occurred more than three weeks before Defendants signed the document identified as Exhibit "A". 37. In August of 2008, Defendants made a written offer to purchase 1640 Whitley Drive. 38. Defendants offer was accepted by the Sellers and Defendants purchased the property on September 29, 2008 as shown in Exhibit "B". 39. Defendant Phillipe A. Haouzi called Leah B. Muroff at the time he was making the offer to purchase 1640 Whitley Drive and offered to pay her for the time she had actually spent with Defendants in showing them four houses. 10 40. Plaintiff, through its agent Leah B. Muroff, is not entitled to the relief sought in the Complaint due to the fraud and/or conflict of interest and/or breach of fiduciary duty by its agent in inducing the Defendants to sign a contract of adhesion, then failing to perform duties as a Buyers' Agent, then seeking to collect a commission without actually performing any work that resulted in the purchase of a property by the Defendants. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiff's Complaint with prejudice. Respectfully submitted, Esq. A. Mark in r, supreme Court ID #23178 310 W. Chocolate Ave. Hershey, PA 17033 717-533-4868 717-533-2582 Fax Attorney for Defendants 11 VERIFICATION We, PHILIPPE A. HAOUZI and ANNICK R. HAOUZI, hereby verify that the statements in the foregoing Defendants' Answer and New Matter are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Dated: 6-1 - o l IPPE A. HAOU I CERTIFICATE OF SERVICE I, A. Mark Winter, Esquire, attorney for Phillipe Haouzi and Annick Haouzi, hereby certify that I caused a true and correct copy of the foregoing document to be served by first class mail, postage prepaid, on the date set forth below, upon the following individual: Elizabeth H. Feather, Esquire James L. Goldsmith, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 4 • 14 -, A. MARK WINTER, SQUIRE Dated: 6"3"01 41 {, Elizabeth H. Feather, Esquire Attorney I.D. #92618 CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) Attorney for Plaintiff, RSR REALTORS, LLC RSR REALTORS®, LLC, Plaintiff V. PHILLIPE HAOUZI and ANNICK HAOUZI Defendants In the Court of Common Pleas Cumberland County, Pennsylvania : No. 09-2741 Civil Action - Law PLAINTIFF'S PRELIMINARY OBJECTION TO NEW MATTER AND NOW, comes Plaintiff, RSR REALTORS, LLC, by and through its counsel, Caldwell & Kearns, P.C., and files this Preliminary Objection to Defendants' New Matter and in support thereof avers as follows: 1. Plaintiff initiated this action by filing a Complaint on May 1, 2009. A true and correct copy of Plaintiff's Complaint is attached hereto and incorporated herein as Exhibit "A". 2. Defendants filed an Answer and New Matter on June 3, 2009. A true and correct copy of Defendants' Answer and New Matter is attached hereto and incorporated herein as Exhibit "B". 3. Plaintiff's claims arise out of Defendants' breach of an exclusive buyer agency Agreement. PRELIMINARY OBJECTION TO DEFENDANTS' NEW MATTER PURSUANT TO PA. R.C.P. NO. 1028(a)(2) 4. Paragraphs 1 through 4 are incorporated herein as though set forth in full herein. 5. The Pennsylvania Rule of Civil Procedure No. 1028(a)(2) states that "preliminary objections may be filed by any party to a pleading and are limited to ... inclusion of scandalous or impertinent matter." 6. Defendants assert in paragraph 28 of their New Matter: "Plaintiff should be collaterally stopped from bringing this action because the Professional Standards and Arbitration Committee of the Pennsylvania Association of REALTORS® has already determined in an arbitration hearing on March 20, 2009, that neither Plaintiff or Leah B. Muroff are entitled to receive a commission based upon the very facts and documents contained in the present case." 7. The instant action has not been adjudicated previously and any reference to the March 20, 2009, hearing before the Professional Standards and Arbitration Committee of the Greater Harrisburg Association of REALTORSO should be stricken from Defendants' New Matter as it is scandalous and impertinent pursuant to Pa. R.C.P. No. 1028(a)(2). 8. The instant action is a breach of contract claim brought by Plaintiff, RSR REALTORSO, LLC, and against Defendants, Phillipe and Annick Haouzi, who had a buyer agency contract with Plaintiff. 9. Plaintiff alleges in its Complaint that Defendants breached the buyer agency contract and failed to pay Plaintiff for its buyer agency services. 10. The March 20, 2009, Arbitration Hearing before the Greater Harrisburg Assoc of REALTORS® was in regard to procuring cause and ethics violations of the REALTORS® involved in the transaction and the Defendants, the buyers in the transaction, were not a party in the arbitration action. 2 11. Defendants alleged breach of the buyer agency contract was not the matter arbitrated at the March 20, 2009, hearing before the Greater Harrisburg Association of REALTORS. 12. The outcome of the March 20, 2009, arbitration hearing has no bearing the allegations of Plaintiff's Complaint and is irrelevant to the instant action. 13. Pursuant to Pa. R.C.P. No. 1028(a)(2), paragraph 28 of Defendants' New Matter should be stricken as it is scandalous and impertinent to the instant action. WHEREFORE, Plaintiff, RSR REALTORSO, LLC, respectfully requests that this Honorable Court sustain its Preliminary Objection to Defendants' New Matter and strike paragraph 28. Respectfully submitted, Date: July 2, 2009 By: A jlm*1, Eliz eth H. Feather, Esquire Attorney I.D. #92618 CALDWELL & KEARNS, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Plaintiff, RSR REALTORSO, LLC 07161-004/150501 3 CERTIFICATE OF SERVICE AND NOW, this 2nd day of July 2009, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: A. Mark Winter, Esquire 310 W. Chocolate Avenue P. O. Box 412 Hershey, PA 17033 CALDWELL & KEARNS By: J? , )\? - U, I,, I/ ?? ?X?/li?Jl? A RSR REALTORS®, LLC, 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff V. PHILLIPE HAOUZI and ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants In the Court of Common Pleas Cumberland County, Pennsylvania No. Civil Action - Law NOTICE TO DEFEND 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 AN 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 TRUE C Y Fn, RICO RD Its Testimony whcrcof ?t my hand and the sea( of Pa: .....1.'`..: 0044 ?Prot;ho Lary RSR REALTORSO, LLC, 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff vi. PHILLIPE HAOUZI and ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants In the Court of Common Pleas Cumberland County, Pennsylvania No. Civil Action - Law COMPLAINT AND NOW, comes Plaintiff, RSR REALTORSO, LLC, by and through its counsel, James L. Goldsmith, Esquire and Elizabeth H. Feather, Esquire of Caldwell & Kearns, P.C., and avers as follows: 1. Plaintiff, RSR REALTORSO, LLC ("Plaintiff'), is a limited liability company duly organized under the laws of Pennsylvania and having a registered office at 3 Lemoyne Drive, Suite 100, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. Defendants, Phillipe Haouzi and Annick Haouzi are husband and wife and reside at 1640 Whitley Drive, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. On or about May 16, 2008, Defendants entered into an Exclusive Buyer Agency Contract for a period of six (6) months to perform real estate services for Defendants for a fee. A true and correct copy of the Exclusive Buyer Agency Contract is attached thereto and made part hereof as Exhibit "A". 4. The Exclusive Buyer Agency Contract provides, inter alia, that Plaintiff's fee is earned if Defendants enter into a sale agreement during the term of their Exclusive Buyer Agency Contract. 5. The Exclusive Buyer Agency Contract provides that the Defendants shall pay Plaintiff a broker's fee of not less than three (3%) percent of the purchase price plus an additional One Hundred Fifty Dollars ($150.00). 6. On or about August 7, 2008, Defendants entered into an Agreement of Sale to purchase the property known as 1640 Whitley Lane, Harrisburg, Pennsylvania, for a purchase price of Six Hundred Twenty-One Thousand Dollars ($621,000.00). 7. On or about September 29, 2008, settlement of the property was held and Defendants became the legal title owners of the property. A true and correct copy of the Deed is attached hereto and made a part hereof as Exhibit "B". 8. Despite the provisions of the Exclusive Buyer Agency Contract and despite the repeated demands of Plaintiff, Defendants have refused to pay Plaintiff's broker's fee of Eighteen Thousand Seven Hundred Eighty Dollars ($18,780.00). 9. Defendants have breached the terms of the Exclusive Buyer Agency Contract by failing to pay the broker's fee owed to Plaintiff when it became due. WHEREFORE, Plaintiff demands judgment in its favor in the amount of Eighteen Thousand Seven Hundred Eighty Dollars ($18,780.00) plus interest and costs of suit. r Date: V__3010 07161-004-147589 Respectfully submitted, By: Eliz eth H. Feather, Esquire Attorney I.D. #92618 James L. Goldsmith, Esquire Attorney I.D. # 27115 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 (717) 232-2766 (Fax) Attorneys for Plaintiff 2 0 • rl BUSINESS RELATIONSHIP BETWEEN BROKER AND BUYER L. f P 1 E F ? IR This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS® (PAR). BROKER (Company) 1Z S 2 1_ -rr, jw „mot LICENSEE(S) LE Ai+- g r1n u;La Note. The terms "buyer," "serer,"and "buy" also will be construed to mean `tenant," "/andlortl,"and "rend"recpectivelly ihronghoar this agreement BUSINESS RELATIONSHIP AS DESCRIBED IN THE CONS R NOTICE Does Buyer have a business relationship with another broker? ? Yes No If yes, explain: Broker and Buyer agree to the following business relationship as allowed by Broker's Company policy: ? SELLER AGENT (for properties listed with BrokerYSUBAGENT FOR SELLER (for properties listed with other companies). ? TRANSACTION LICENSEE (for properties not listed with Broker, however, if property is listed under an agency contract with Broker, Broker is a Seller's Agent). BUYERAGENT (for properties listed with Broker and other companies, and for properties not listed with any broker) Broker will be Buyer's Agent under the terms agreed to in the Buyer Agency Contract below. EXCLUSIVE BUYER AGENCY CONTRACT 1. TERM (A) No Association of REALTORSO has set or recommended the term of this contract. Broker and Buyer have discussed and agreed upon the length or term of this Contract. (B) This Contract applies to any property that Buyer chooses to buy during the term of this Contract. Buyer will not enter into a Buyer Agency Contract with another broker/licensee that begins before the Ending Date of this Contract. Starting Date: This Contract starts when signed by Buyer and Broker, unless otherwise stated here: M 4'i` ('?, , 2•i c,,`'1 Ending Date: This Contract ends _IL _68a, j F?1LC AA (C) If Buyer is negotiating or has entered into an Agreement of Sale, this Contract ends upon settlement. (D) If Buyer is negotiating or has signed a lease, this Contract ends upon possession. 2. BROKER'S FEE No Association of REALTORS® has set or recommended the Broker's fee. Broker and Buyer have nego- tiated the fee Broker will receive for performing real estate services for Buyer. (A) It is Broker's policy to accept compensation offered by the listing broker and/or the seller. Broker may be paid a fee that is a percentage of the purchase price (or in the case of a lease, a percentage of the total amount of rent due over the term of the lease). Even though Broker's Fee, or a portion of it, may be paid by a seller or listing broker, Broker will contin- ue to represent the interests of Buyer. (B) 1. If the amount received in paragraph 2(A) from a listing broker is less than %z then Buyer will pay Broker the difference or include it as a term in the Agreement of Sale for the seller to pay. 2. If the amount received in paragraph 2(A) from a seller not represented by a broker is less than ,l. then Buyer will pay Broker the difference or include it as a tern in the Agreement of Sale for the seller to pay. (C) In addition to any amounts paid to Broker in subparagraphs 2(A) and/or 2(B), Buyer will pay Broker an additional amount of i S.c - as part of Broker's fee. (D) 1. Broker's Fee is earned if Buyer enters into a sale or lease agreement during the term of this Contract, whether brought about by Broker, Broker's agents or by any other person, including Buyer. 2 If Buyer enters into a sale/lease agreement for a property after the Ending Date of this Contract, Buyer will pay Broker's Fee: (a) if the sale/lease is a result of Broker's actions during the term of this Contract, OR (b) if the property was seen during the term of this Contract, AND (c) Buyer is not under an exclusive buyer agency contract. with another broker at the time Buyer enters into a sale/lease agreement DUAL AGENCY Buyer agrees that Broker may also represent the seller of the property that Buyer might buy. The Broker is a DUAL AGENT when representing both the seller and the buyer in the sale of a property. DESIGNATED AGENCY Not Applicable. Applicable. Broker may designate licensees to represent the separate interests of Buyer and the seller. Licensee (iden- tified above) is the Designated Agent, who will act exclusively as the Buyer Agent. If Licensee is also the' he Seller Agent, then Licensee is a DUAL AGENT. CONFLIC'T' OF INTEREST A conflict of interest is when Broker or Licensee has financial or personal interest in the prop- erty where Broker or Licensee cannot put Buyer's interest before any other. If Broker, or any of Broker's licensees, has a con- flict of interest, Broker will notify Buyer in a timely manner. 3. 4. 5. ''2 5 25 rr Z.; ?s Buyer Initials:' BR Page 1 of 2 Broker/Licensee InitialS:_L?l 5e COPYRIGHT PENNSYLVANUASSOCUTION OF REALTORS® 2006 %, Pennsylvania Association of REALTORS® 3/06 rt?Pl4.: K'1 Km AuLuAskur wi-ni ,ELLEK 7?- ..#r ' (A) Buyer understands that, if Broker is also working as a Seller Agent/Subagent for Seller or Transaction Licensee, Broker may ss receive a fee from the seller. As a Seller Agent/Subagent for Seller or a Transaction Licensee, Broker may not charge any fee to Buyer without a signed written agreement. (B) Broker may provide services to a seller for which Broker may accept a fee. Such services may include, but are not limited r.. to, listing property for sale; deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; ordering insurance, construction, repair, or inspection services. Broker will disclose to Buyer if any fees are to be paid by the seller. 7. OTHER BUYERS Licensee may show or present the same properties to other buyers. - 8. TRANSFER OF THIS CONTRACT Buyer agrees that Broker may transfer this Contract to another broker. fy Buyer immediately in writing if Broker transfers this Contract to another broker. Broker will noti- 9• CONFIDENTIALITY Buyer understands that sellers or sellers' representatives might not treat the existence, terms or conditions of any offer as confidential unless there is a confidentiality agreement between Buyer and the seller. 10. DEPOSIT MONEY (A) Broker will keep (or will give to the listing broker, who will keep) all deposit monies that Broker/Licensee receives in an escrow account as required by the real estate licensing laws and regulations until the sale is completed or the agreement of sale is ended. Buyer agrees that Broker may wait to deposit any uncashed check that is received as deposit money until Buyer's offer has been accepted (B) If an agreement of sale is ended and there is a dispute over whether the buyer or seller should get the deposit monies, a bro- ker is not legally permitted to decide which party should get the deposit monies. A broker holding the deposit monies is required by the Rules and Regulations of the State Real Estate commission to retain the monies in escrow until the dispute is resolved by the parties. If a lawsuit is filed, a broker will distribute the monies according to the terms of a final order of court or a written agreement of the parties. If Buyer joins Broker or Licensee in a lawsuit for the return of deposit monies, Buyer will pay Broker's and Licensee's attorneys' fees and costs. 11. BUYER INSPECTIONS (A) Unless Buyer and the seller agree otherwise, real estate is sold in its present condition. It is Buyer's responsibility to deter- - mine whether the condition of the property is satisfactory. Buyer may request that the property be inspected, at Buyer's expense, by qualified professionals to determine the condition of the structure or its components. Areas of concern may include, but are not limited to: electrical; plumbing; heating, ventilating and air conditioning; appliances and fixtures; water infiltration; basement; roof; boundaries; asbestos, mold and indoor air quality, carbon monoxide, radon, and environmental hazards or :substances; wood-destroying insect infestation; on-site water service and/or sewage system; and lead-based paint. Buyer's request for any inspection should be made to Broker before entering into an Agreement of Sale or lease. (B) Buyer is advised that information regarding properties considered for purchase by Buyer has been provided by the seller or seller's broker. Such information may include, but is not limited to, the information on the Seller's Property Disclosure Statement, including environmental conditions; MLS information, including information regarding restrictions, taxes, + assessments, association fees, zoning restrictions, dimensions, boundaries (if identified); and marketing information. Unless ac otherwise noted, Broker has not verified the accuracy of this information, and Buyer is advised to investigate its accuracy. 12. OTHER Buyer has react and received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa. Code §35336 and s :he Notices to Buyers in this agreement. Pennsylvania law requires that a business relationship between Broker and Buyer be >V n writing. ,s. This is the entire agreement between Broker and Buyer. Any verbal or written agreements that were made before are not a !;171 'art of this agreement. Any changes or additions to this agreement must be in writing and signed by the Broker and Buyer. y teturn by facsimile (FAX) transmission constitutes acceptance of this agreement iOTICE BEFORE SIGNING: IF BUYER HAS LEGAL QUESTIONS, BUYER IS ADVISED TO CONSULT AN ATTORNEY. Buyer gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) ; steel below. 1I1 • 71 2 rs b T 2 'UYER'S MAILING ADDRESS: Z" &P-A?" M+(-C y t- 7 ? i Z C 'y HONE: `? ? 3 1 FAX: ---------- E-MAIL: DYER - DYER DATE DATE UYER DATE A- I& EtOKER (Company Name) ACCEPTED BY C/3 ?-_- Ls I- Tvl Gac.'. ,err, BR Page 2 of 2 11 13 0 INST#: 20080036314 Recorded: 10/01/2008 at 12:27:53 PM 4 PAGES JAMES M. ZUGAY, RECORDER OF DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CHECK 49 This Indenture, made the 2141 day of UMMMK2008, Between JOHN E. GURSKI AND ROSEMARY GURSKI, TRUSTEES, or their successors in trust under the John E. Gorski Living Trust dated October 16, 2000 and any amendments thereto, and Rosemary Gurski and John E. Gurski, Trustee, or their successors in trust under the Rosemary Gurski Living Trust dated October 16, 2000, and any amendments thereto, as Tenants in Common (hereinafter called the Grantor), of the one part, and PHILLIPE A. HAOUZI AND ANNICK R. HAOUZI, HUSBAND AND WIFE (hereinafter called the Grantees), of the other part, Witnesseth, that the said Grantor for and in consideration of the sum of SIX HUNDRED TWENTY ONE THOUSAND AND 00/100 ($621,000.00) lawful money of the United States of America, unto him well and truly paid by the said Grantees, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantees, as tenants by the entirety ALL THAT CERTAIN tract or parcel of land situate in Lower Paxton Township, Dauphin County, Pennsylvania more particularly described in accordance with the Final Subdivision of Plan for Huntclub, Phase III, prepared by John K. Bixler, III, Professional Land Surveying Services, dated April 17, 1996, revised September 18, 1996, and recorded on October 3, 1996 in the Office of the Recorder of Deeds for Dauphin County in Plan Book I, Volume 6, Pages 65-68, as follows, to wit: BEGINNING at a point, said point being located on the western right of way line of Whitley Drive at the common property comer of Lot No. 40 and Lot No. 41 as depicted on the Final Subdivision Plans for Huntclub, Phase III, recorded in Plan Book I, Volume 6, Pages 65-68 of the Dauphin County Courthouse; thence continuing along the western right of way of Whitley Drive, South 28 degrees 02 minutes 59 seconds West, a distance of 38.19 feet to a point; thence continuing along the same on a curve to the left having a radius of 175.00 feet, an arc length of 70.00 feet, a chord bearing of South 16 degrees 35 minutes 26 seconds West and a chord distance of 69.53 feet to a point at the common property comer of Lot No. 42 and Lot No. 41; thence continuing along Lot No. 42, North INSTRUMENT 4: 20080036314 PAGE 2 OF 4 86 degrees 23 minutes 55 seconds West, a distance of 382.78 feet to a point on the property line of Lot No. 43 (non-buildable lot) at the common property corner of Lot No. 41 and Lot No. 42; thence continuing along Lot No. 43, North 13 degrees 59 minutes 48 seconds East a distance of 129.34 feet to a point at the common property comer of Lot No. 41, Lot No. 43 and Lot No. 32 of Huntclub, Phase 1, recorded in Plan Book R, Volume 4, Pages 31-34 of the Dauphin County Courthouse; thence continuing along Lot No. 32 of Huntclub, Phase I, North 15 degrees 48 minutes 01 seconds East, a distance of 6717 feet to a point at the common property corner of Lot No. 32 of Huntclub, Phase I and Lot No. 41; thence continuing along the same, North 36 degrees 38 minutes 00 seconds East, a distance of 74.40 feet to a point on the property line of Lot No. 32 of Huntclub, Phase I at the common property comer of Lot No. 40 and Lot No. 41 of Huntclub, Phase III; thence continuing along Lot No. 40, South 61 degrees57 minutes 01 seconds East, a distance of 369.22 feet to the point of beginning. CONTAINING 1.636 acres SUBJECT to a 15 feet wide drainage easement, all dedicated rights of ways, all applicable subdivision plarming notes and all previously recorded restrictions and covenants. BEING Lot No. 41 on the aforementioned Final Subdivision. Subject to all dedicatory rights of ways, applicable site development and subdivision planning notes, previously recorded Declaration Creating and Establishing Huntclub Homeowners Association recorded in the Dauphin County Recorder of Deeds Office at Book 2713, Page 241 and Huntclub Declaration of Restrictions, Covenants and Conditions, Phase III recorded in the Dauphin County Recorder of Deeds Office at Book 2713, Page 225 and the Pennsylvania Power & Light Company Right of Way recorded in Misc. Book H-7, Page 271 BEING the same premises which John E. Gurski and Rosemary Gurski by deed dated October 16, 2000 and recorded November 24, 2000 in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania in Book 3819, Page 003 granted and conveyed unto John E. Gurski and Rosemary Gurski, Trustees, or their successors in trust under the John E. Gurski Living Trust dated October 16, 2000, and any amendments thereto, and Rosemary Gurski and John E. Gurski, Trusteed, or their successors in trust under the Rosemary Gurski Living Trust dated October 16, 2000, and any amendments thereto, as Tenants in Common, Grantors herein. Together with all and singular the buildings and improvements, ways, streets, alleys, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of him, the said grantor, as well at law as in equity, of, in and to the same. 2 INSTRUMENT #: 20080036314 PAGE 3 OF 4 To have and to hold the said lot or piece of ground described above, with the buildings and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said Grantees, their heirs and assigns, forever. And the said Grantor, for himself and his heirs, executors and administrators, does, by these presents, covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that he, the said Grantor, and his heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against him, the said Grantor, and his heirs, will wan-ant and defend against the lawful claims of all persons claiming by, through or under the said Grantor but not otherwise. In Witness Whereof, the party of the first part has hereunto set his hand and seal. Dated the day and year first above written. Sealed and Delivered IN THE PRESENCE OF US: - a4i -A )--?h Commonwealth of Pennsylvania County of Dauphin ss I t- {SEAL} J& E. GURS , TRUSTEE At 4-c ROSEMARY URSKI, TRUSTEE On this, theal' day of c?494,1 2008, before me, the undersigned Notary Public, personally appeared John E. Grusld, Trustee and Rosemary Gursld, Trustee known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WIIEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA ` iu ' ? ? Nlic D SNN SAon Ares A. 2010 My commissio expires 1=;::%" The precise residence and the complete post office 6? w N 11•L?v D? dr ad s of the above-named Grantees is: H.4Xm4SSVR.G PA 17i!I On behalf of the Gran ees James 1VL Zugay, Esq. Recorder of Deeds (717) 780-6560 Candace E. Meck f First Deputy Recorder of Deeds Harrisburg, Pennsylvania CERTIFIED END PAGE INSTRUMENT A 20080036314 RECORD DATE: 10/1 12008 12:27:53 PM RECORDED BY: CMECK DOC TYPE: DEED AGENT: A. MARK WINTER DIRECT NAME: GURSKI, JOHN E. TR INDIRECT NAME: HAOUZI, PHILLIPE A. RECORDING FEES - State: $0.50 RECORDING FEES - Cour dy: $13.00 ACT 8 OF 1998: $5.00 TOTAL NAMES: $1.00 COMMOMA EALTH OF PA: $6210.00 MUNICIPALITY: $3105.00 LOWER PAXTON TWP SCHOOL DISTRICT: $3105.00 CENTRAL DAUPHIN AOPC: $10.00 AFFORDABLE HOUSING: $13.00 Parcel D. Locadon: Dauphin County Courthouse Room 102 Front & Market Streets Harrisburg, PA 17101 I Certify This Document To Be Recorded In Dauphin County, Pennsylvania. ????... James M. Zugay, Recorder of Deeds THIS IS A CERTIFICATION PAGE PLEASE DO NOT DETACH THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT VERIFICATION The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. Dated: A; a 7112 00 9 RSR REALT SG, LLC By: Greg Roth a ftL j Ev )/ r--, r < < .? , ? ? Xh O f?SI RSR REALTORS, LLC 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff V. PHILLIPE HAOUZI and , ANNICK HAOUZI 1640 Whitley Drive :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-2741 CIVIL TERM Harrisburg, PA 17111 :CIVIL ACTION - LAW Defendants 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 (717) 249-3166 RSR REALTORS, LLC 3 Lemoyne Drive Camp Hill, PA 17043 Plaintiff V. PHILLIPE HAOUZI and , ANNICK HAOUZI 1640 Whitley Drive Harrisburg, PA 17111 Defendants :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :No. 09-2741 CIVIL TERM :CIVIL ACTION - LAW DEFENDANTS' ANSWER AND NEW MATTER AND NOW, this 3rd day of June, 2009 come the Defendants, PHILLIPE HAOUZI and ANNICK HAOUZI, by and through their attorney, A. MARK WINTER, ESQUIRE and pursuant to Pa. R.C.P. 1017 and 1030 provide this Answer and New Matter and in support thereof aver as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. Admitted that the Defendants signed the document identified as Exhibit "A" in Plaintiff's Complaint. Denied that the document fully and accurately contains all of the terms and conditions Defendants discussed with Plaintiff's agent. Further denied that Defendants fully understood all of the terms and conditions contained in the document. By way of further explanation, see Defendants' New Matter. 4. Admitted in part and denied in part. Admitted as to what is stated on the face of the document. Denied that the statements contained in the document fully and accurately reflect all of the terms and conditions Defendants discussed with Plaintiff's agent before executing the document. Further denied that the Defendants fully understood all of the terms and conditions contained in the document. By way of further explanation, see Defendants' New Matter. 5. Admitted in part and denied in part. Admitted as to what is stated on the face of the document. Denied that the statements contained in the document fully and accurately reflect all of the terms and conditions Defendants 2 discussed with Plaintiff's agent before executing the document. Further denied that the Defendants fully understood all of the terms and conditions contained in the document. By way of further explanation, see Defendants' New Matter. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. Admitted that Defendants have not paid a commission because they do not feel contractually obligated to do so because of the actions of Plaintiff's agent in fraudulently inducing them to execute the document identified as Exhibit "A" and because Plaintiff's agent did no work whatsoever to introduce them to the house they eventually purchased or to assist them in any way with the purchase of said house. Denied that Defendants have not offered to pay Plaintiff's agent for the reasonable value of her services to them. By way of further explanation, see Defendants' New Matter. J 9. Denied. This is a conclusion of law to which no response is required. To this extent a response may be required, Defendants deny that they have breached the terms of a contract, because they were fraudulently induced to execute said document by the direct actions of Plaintiff's agent. By way of further explanations, see Defendants' New Matter. WHEREFORE, Defendants respectfully request the action against them be dismissed with prejudice. DEFENDANTS' NEW MATTER 10. Defendants incorporate by reference their responses to Paragraphs 1-10. 11. Defendants are husband and wife who are French citizens currently employed at the M.S. Hershey Medical Center, College of Medicine. 12. Prior to the subject transaction, Defendants had no prior experience in purchasing real estate in the United States. 4 13. In the fall of 2007, the Defendants entered into a written agreement with Sandie Pharmer, an agent of Jack Gaughen Realtor ERA, to assist them in purchasing a home. 14. Sandie Pharmer worked actively with the Defendants from the fall of 2007 until their September 29, 2008 settlement, during which time she showed them many houses and keep in communication with them regarding houses that were available and were suitable for their needs and price range. 15. In May of 2008 an acquaintance of the Defendants suggested they should contact Leah B. Muroff, an agent with Plaintiff, as someone who was knowledgeable of the housing market on the West Shore and the western part of Dauphin County. 16. On or about May 16, 2008 Defendants met with Plaintiff's agent, Leah B. Muroff, at their place of work to discuss their interest in buying a house. 5 17. At the meeting, Defendants made a full disclosure of their prior relation with Sandie Pharmer and of the fact that she had already shown them several houses. 18. Defendants further advised Leah B. Muroff that they wanted to pay a commission to Sandie Pharmer if she introduced them to a house they eventually purchased and that they were seeking the services of Leah B. Muroff to introduce them to houses they had not previously seen in a geographic area they had not previously explored with Sandie Pharmer. 19. Defendants asked Leah B. Muroff if the document she had brought with her could be amended to protect Sandie Pharmer and to insure that she would receive a commission if they bought a house through her efforts. 20. Leah B. Muroff told Defendants the document was a standard document and could not be changed. 21. Leah B. Muroff fraudulently induced Defendants to sign the document identified as Exhibit "A" by failing to disclose that the document could in fact be amended by 6 Defendants. 22. The document identified as Exhibit "A" is a contract of adhesion in that Leah B. Muroff did not fully and completely explain the terms of the contract to Defendants and forced them to accept a "take it or leave it" arrangement. 23. Leah B. Muroff, acting as agent of her principal, gave no consideration to the Defendants to have them sign the document she presented to them. 24. The document identified as Exhibit "A" at Paragraph 2 B 1 and 2 states only the numerical figure 3%. It does not state any other words to describe as to what the 3% applies. 25. The document identified as Exhibit "A" is void for vagueness as it was improperly drafted and no dollar amount is stated. 26. Defendants reasonably believe and aver that the actions of Leah B. Muroff in fraudulently inducing them to sign 7 the document identified as Exhibit "A" constitute a violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Laws, 73 Pa. S.A. §201-1 et seq. in that she failed to fully disclose what the document stated and failed to disclose that it could be amended. 27. In obtaining Defendants' signatures under fraudulent and deceptive means, Leah B. Muroff engaged in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding as defined under 73 Pa. S.A. §201- 2 (4) (xxi) . 28. Plaintiff should be collaterally estopped from bringing this action because the Professional Standards and Arbitration Committee of the Pennsylvania Association of Realtors has already determined in an arbitration hearing on March 20, 2009 that neither Plaintiff nor Leah B. Muroff are entitled to receive a commission based upon the very facts and documents contained in the present case. 29. Leah B. Muroff showed houses to Defendants only in May of 2008. 8 e 30. Several of the houses Leah B. Muroff showed to Defendants were her own listings for which she would receive a full commission if she were both the listing and selling agent. 31. Leah B. Muroff breached her fiduciary duty to act in Defendants' best interest by focusing her showings on her own listings and not on properties that were suitable to Defendants. 32. Leah B. Muroff committed a conflict of interest by focusing her showings on her own listings. 33. None of the properties shown by Leah B. Muroff were the types of houses Defendants had indicated to her they were looking for and none were in the price range Defendants had discussed with her. 34. Defendants themselves made contact with a builder to look at some of his properties. The only contact Leah B. Muroff made with the builder was to call him to tell him that she was entitled to a fee if the Defendants bought from him. 9 35. The Defendants were in France during most of June, 2008, but from the time they returned in late June until mid August, Leah B. Muroff did not show them any properties. 36. On or about April 24, 2008, Sandie Pharmer sent information to the Defendants about a property at 1640 Whitley Drive, Lower Paxton Township, Dauphin County, PA being available for purchase. This occurred more than three weeks before Defendants signed the document identified as Exhibit "A". 37. In August of 2008, Defendants made a written offer to purchase 1640 Whitley Drive. 38. Defendants offer was accepted by the Sellers and Defendants purchased the property on September 29, 2008 as shown in Exhibit "B". 39. Defendant Phillipe A. Haouzi called Leah B. Muroff at the time he was making the offer to purchase 1640 Whitley Drive and offered to pay her for the time she had actually spent with Defendants in showing them four houses. 10 c q 40. Plaintiff, through its agent Leah B. Muroff, is not entitled to the relief sought in the Complaint due to the fraud and/or conflict of interest and/or breach of fiduciary duty by its agent in inducing the Defendants to sign a contract of adhesion, then failing to perform duties as a Buyers' Agent, then seeking to collect a commission without actually performing any work that resulted in the purchase of a property by the Defendants. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiff's Complaint with prejudice. Respectfully submitted, Zr-k6Lintedr A•, Esq. ?t" Supreme Court ID #23178 310 W. Chocolate Ave.. Hershey, PA 17033 717-533-4868 717-533-2582 Fax Attorney for Defendants 11 VERIFICATION We, PHILIPPE A. HAOUZI and ANNICK R. HAOUZI, hereby verify that the statements in the foregoing Defendants' Answer and New Matter are true and correct to the best of my information, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S. Section 4904, relating to the unsworn falsification to authorities. Dated: 6 - I - d4q CERTIFICATE OF SERVICE If A. Mark Winter, Esquire, attorney for Phillipe Haouzi and Annick Haouzi, hereby certify that I caused a true and correct copy of the foregoing document to be served by first class mail, postage prepaid, on the date set forth below, upon the following individual: Elizabeth H. Feather, Esquire James L. Goldsmith, Esquire Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 Dated: 6- 3-QCl A. MARK WINTER, SQUIRE FILED- OF THE P ' ? , '?',' - 4 Y 2009 JUL -5 Fri I : 19 cum J vTY PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) RSR REALTORSR, LLC VS. PHILLIPE HAOUZI AND ANNICK HAOUZI No. 09-2741 , Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Objection to New Matter 2. Identify all counsel who will argue cases: (a) for plaintiffs: Elizabeth H. Feather, Esq. (Name and Address) 3631 N. Front Street, Harrisburg, PA 17110 (b) for defendants: A. Mark Winter, Esq. (Name and Address) 310 W. Chocolate Avenue, P. O. Box 412, Hershey, PA 17033 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Sign ure Elizabeth H. Feather Print your name Plaintiff July 2, 2009 Attorney for Date: INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. FILED -,Cl.FiCE QP THE- P ?°?' '``f'! TARY 2009 JUL -5 PM I : 19 James L. Goldsmith, ]Esquire Attorney 1.D. # 2711 S „~ ;.; : ,.; . Elizabeth H. Feather, Esquire - -~ Attorney l.D. #92618 ~ ,~,;'~;~a CALDWEI,L & KSA.RNS ~~ ~ '~~' j ~ ' -~` '_ 3631 North Front Street Harrisburg, PA 171 l0 (717) 232-7661 (717) 232-2766 (fax) Attorney for Plaintiff. RSR REALTC-RS®, LLC RSR REAL"TORSO, LLC, Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No. 09-;?741 PHILLIPS HAOUZI and ANNICK E{AOU7I Defendants Civil Action -Law STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, RSR Realtors, LLC, intends to proceed with the above-captione<a matter. Respectfully subrnitted, Dated: __ /~ ~2b ',2 CALDWELL)),& 1{EARNS, P.C. Jams s L. Goldsmith, Esquire Attorney LD. #2i'1 I S Elizabeth H. Feather, Esquire Attorney I.D. #92.618 363 l North Front Street Harrisburg. PA 1'7110-1533 (71Tj 232-7661 (71 1) 232-2766 (fax) efeather!~tckle~.net Attorneys for Plaintiff CERTIFICATE OF S>N:RVICE AND NOW, this ~ day of October, 2012, I hereby certify that I have served a copy of the within document on the following; by depositing a true and correct: copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: A. Mark Winter, Esduire 310 W. Chocolate Ave. Hershey, PA 17033 CALDWELL & ]KEARNS j ~, By: 0716 I -0041 196468 ~~~