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HomeMy WebLinkAbout11-7116FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. i / /7?? tLlpPRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue a Writ of Summons in the above-captioned action: ? r14 m = rn m ? rn - cnr -vm = -<> t- C:3 C5 . _ C) ? ca Writ of Summons shall be issued and forwarded to () Attorney (X) Sheriff Mr. and Mrs. Ronald V. Gilbert, Jr. 90 Hillside Road Mechanicsburg, PA 17050-1710 Homestead Group Inc. 4075 Market Street Camp Hill, PA 17011 Attn: Manager Re/Max 1St Advantage 6375 Mercury Drive Mechanicsburg, PA 17050 Attn: Manager Date: September t.1, 2011 Supreme Court ID No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9809 Attorneys for Plaintiffs s9a.od ®I-a? 064/ 00 FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: Mr. and Mrs. Ronald V. Gilbert, Jr. 90 Hillside Road Mechanicsburg, PA 17050-1710 Homestead Group Inc. 4075 Market Street Camp Hill, PA 17011 Attn: Manager Re/Max 1St Advantage 6375 Mercury Drive Mechanicsburg, PA 17050 Attn: Manager YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. D Buell, P othonotary Date: September 2011 By Deputy Pecht & Associates, PC By: Rob Bleecher, Esquire Supreme Court ID No. 32594 Attorneys for Plaintiffs SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff "OU F TH3E S-ERIFF T;{=; eta c'11 StP 26 PM 2? 2 2 - Jody S Smith Chief Deputy Richard W Stewart Solicitor Frank B. Kramer, Jr. (et al.) vs. Homestead Group, Inc. (et al.) Case Number 2011-7116 SHERIFF'S RETURN OF SERVICE 09/20/2011 03:40 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2011 at 1540 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Re/ Max 1 st Advantage, by making known unto Tammy Neely, Office Manager for Re/ Max 1 st Advantage at 6375 Mercury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ROB RT BITNER, DEPUTY 09/21/2011 12:49 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2011 at 1249 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Homestead Group, Inc., by making known unto Linda Melham, Manager for Homestead Group, Inc. at 4075 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 09/21/2011 02:55 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2011 at 1455 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Ronald V. & Amy Gilbert Jr., by making known unto Amy Gilbert, personally at 90 Hillside Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. _ NOAH CLINE, DEPUTY SHERIFF COST: $95.44 September 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (ci CountySuite Shenft. (eteasoft, inr. O' CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 gkimball(a,oklly.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX 1st ADVANTAGE i" Attorney for Defend?nj? RL AND C 0 U t I T Y Re/Max V Advantage !11 ? t! }' L\' Ah i A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-7116 PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiffs to file a Complaint in the above-captioned matter. O'CONNOR KIMBALL LLP By: G len D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendant, Re/Max I", Advantage Date: October 17, 2011 RULE TO FILE COMPLAINT TO PLAINTIFFS: You are hereby directed to file a Complaint within twenty (20) days after service of this Rule, or upon Praecipe of the Defendant, judgment of non pros shall be entered against you. Prothonotary O' CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 gkimball(4okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER Attorney for Defendant, Re/Max 1" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE NO. 11-7116 CERTIFICATE OF SERVICE I, Glen D. Kimball, Esquire, hereby certify that a true and correct copy of the within Praecipe to Issue Rule to File Complaint was served on this day via U.S. Mail, First Class upon the following counsel of record: Rob Bleecher, Esquire PECHT & ASSOCIATES, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Attorney for Plaintiffs James L. Goldsmith, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Homestead Group, Inc. E. Ralph Godfrey, Esquire CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendants, Ronald and Amy Gilbert By Date: October 17, 2011 O' CONNOR KIMBALL LLP G len D. Kimball, Esquire Attorney Identification No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendant, Re/Max T" Advantage O' CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Jasmine C. MonteCarlo, Esquire Attorney Identification Nos. 53024 / 201196 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 ekimball-)okllp.com / imontecarlo(a),oklly.com Our File No. 992-0487 RANK B. KRAMER, JR., and CRYSTAL L. KRAMER f d a r? ` i a. I f v •, Attorneys for VACOUP) ' i 6 Re/Max 1" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY v RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE NO. 11-7116 PRAECIPE TO ISSUE RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiffs to file a Complaint in the above-captioned matter, O'CONNOR KIMBALL LLP By: Gle D. Kimball, Esquire Jasmine C. MonteCarlo, Esquire Attorney Identification Nos. 53024 / 201 196 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendant, Re/Max 1 s` Advantage Date: November 18, 2011 RULE TO FILE COMPLAINT TO PLAINTIFFS: You are hereby directed to file a Complaint within twenty (20) days after service of this Rule, or upon Praecipe of the Defendant, judgment of non pros shall be entered against you. Prothono ary O' CONNOR KIMBALL LLP By: Glen D. Kimball, Esquire Jasmine C. MonteCarlo, Esquire Attorney Identification Nos. 53024 / 201196 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 F-kimball(?oklla.com / imontecarlo(a?okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER Attorneys for Defendant, Re/Max 1st Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY v RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE NO. 11-7116 CERTIFICATE OF SERVICE I, Jasmine C. MonteCarlo, Esquire, hereby certify that a true and correct copy of the within Praecipe to Issue Rule to File Complaint was served on this day via U.S. Mail, First Class upon the following counsel of record: Rob Bleecher, Esquire James L. Goldsmith, Esquire PECHT & ASSOCIATES, P.C. CALDWELL & KEARNS 1205 Manor Drive, Suite 200 3631 North Front Street Mechanicsburg, PA 17055-4894 Harrisburg, PA 17110 Attorney for Plaintiffs Attorney for Defendant, Homestead Group, Inc. E. Ralph Godfrey, Esquire CIPRIANI & WERNER, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendants, Ronald and Amy Gilbert O'CONNOR KIMBALL LLP By: J??l y t y ? ?,_ ? 11 F `` • ? ?, y Gle . Kimball, Esquire Jasmine C. MonteCarlo, Esquire Attorney Identification Nos. 53024 / 201 196 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorneys for Defendant, Re/Max I 't Advantage Date: November 18, 2011 O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Fax: (215) 564-1973 tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE Attorney for Defendant, Re/Max 1" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 11-7116 ENTRY OF APPEARANCE TO THE PROTHONOTARY: HE PROTHONOtARY 10012 JAN-5 Pty 1:07 CUMBERLAND COUNTY PENNSYLVANIA Kindly enter the appearance of Thomas J. Gregory, Esquire, of O'Connor Kimball LLP, as co-counsel for Defendant, Re/Max 1" Advantage, in the above-captioned matter. O'CO By: Date: LLP Thomas J. GrAory, Esquire Attorney for Defendant, Re/Max 1" Advantage O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 53024 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Fax: (215) 564-1973 tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER Attorney for Defendant, Re/Max 1" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY v RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE NO. 11-7116 CERTIFICATE OF SERVICE I, Thomas J. Gregory. Kimball, Esquire, hereby certify that I caused a true and correct copy of the within Entry of Appearance to be served on thi ` ay of January 2012, via U.S. Mail, First Class, postage prepaid, upon the following: Rob Bleecher, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Attorney for Plaintiffs James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Homestead Group, Inc. E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road. Suite 201 Lemoyne, PA 17043 Attorney for Defendants, Ronald and Amy Gilbert O'CO LLP By: Thomas J. Orery, Esquire Attorneyfor Dgpendant,Re/Max I" Advantage r ? f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, CASE NO: 2011-7116 Plaintiffs V. JURY TRIAL DEMANDED c? rncD zr z;o ? r. ?D r- z <C7, v r-, X CD v z N CS N c_ N C) ., RONALD V. GILBERT, JR., AMY GILBERT, HOMESTEAD GROUP, INC and RE/MAX 1 ST ADVANTAGE, Defendants TO: Plaintiffs, Frank B. Kramer, Jr., and Crystal L. Kramer Defendant, Homestead Group, Inc. Defendant, Re/Max 1 st Advantage NOTICE ?e. c? N) j a c YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER AND NEW MATTER CROSS-CLAIM WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. CIPRIANI & WERNER, P.C. Date: I r7 ?, E. Ralph Gilley, squire I.D. No.: 770 1011 Mumma Road Suite 201 Lemoyne, PA 17043 Attorneys for Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert t ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, CASE NO: 2011-7116 Plaintiffs V. RONALD V. GILBERT, JR., AMY GILBERT, HOMESTEAD GROUP, INC. and RE/MAX 1sT ADVANTAGE, JURY TRIAL DEMANDED Defendants DEFENDANTS, RONALD V. GILBERT, JR. AND AMY GILBERT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NEW MATTER CROSSCLAIM PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1031.1 Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert ("Answering Defendants"), by and through their counsel, Cipriani & Werner, P.C., hereby respond to the Plaintiffs' Complaint as follows: 1. Admitted. 2. Admitted. 3. Denied. The allegations in this paragraph are directed to another party other than Answering Defendants. Therefore, no response is required. To the extent that an answer is required, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 4. Denied. The allegations in this paragraph are directed to another party other than Answering Defendants. Therefore, no response is required. To the extent that an answer is required, after reasonable investigation, Answering Defendants lack sufficient knowledge or r information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied; 5. Denied. The allegations in this paragraph are directed to another party other than Answering Defendants. Therefore, no response is required. To the extent that an answer is required, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 6. Admitted in part; denied in part. It is admitted that Elizabeth P. Knouse represented the interests of Answering Defendants as the owner and seller of the Property. It is further admitted that Elizabeth P. Knouse is a real estate agent with Defendant Homestead. As for the remaining allegations, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 7. Admitted but with qualifications. It is admitted only that Plaintiffs have attached to their Complaint a document entitled "Business Relationship Between Broker and Buyer," which is a written document that speaks for itself. It is admitted that Defendant Re/Max and Defendant Pallotta represented Plaintiffs' interests in the purchase of the Property. 8. Admitted in part; denied in part. It is admitted only that Plaintiffs have attached to their Complaint a document entitled "Consumer Notice," which is a written document that speaks for itself. As for the remaining allegations, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. I 9. Admitted in part; denied in part. It is admitted that Plaintiffs and Answering Defendants entered into an Agreement of Sale for the property located at 6320 Chesterfield Lane, Mechanicsburg, Cumberland County, Pennsylvania. It is denied that the Agreement of Sale attached as Exhibit "C" to Plaintiffs' Complaint is a complete copy as it does not contain the Notices attached to the reverse side of each page. Furthermore, the Agreement of Sale is a written document that speaks for itself. All legal and factual conclusions in this paragraph, which refer or relate to the aforementioned writing, are specifically denied and strict proof thereof is demanded at time of trial. 10. Admitted. 11. Admitted but with qualifications. It is admitted that Plaintiffs were given a document entitled "Seller's Property Disclosure Statement." It is further admitted that Plaintiffs have attached to their Complaint as Exhibit "D" a copy of the Seller's Property Disclosure Statement, which is a written document that speaks for itself. All legal and factual conclusions in this paragraph, which refer or relate to the aforementioned writing, are specifically denied and strict proof thereof is demanded at time of trial. 12. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that the Seller's Property Disclosure Statement contains any misrepresentations and/or omissions of fact. Furthermore, the Seller's Property Disclosure Statement is a written document that speaks for itself. All legal and factual conclusions in this paragraph, which refer or relate to the aforementioned writing, are specifically denied and strict proof thereof is demanded at time of trial. 13. Denied. It is denied that Answering Defendants gave Plaintiffs a tour of the Property on or before August 6, 2009. Strict proof thereof is demanded at the time of trial. 14. Denied as stated. It is denied that Answering Defendants gave Plaintiffs a tour of the Property on or before August 6, 2009. At the time that Plaintiffs did take a tour of the house with their realtor, Answering Defendants were changing the original wall color in the basement from blue to a lighter color for cosmetic reasons, which was at the recommendation of their realtor. 15. Denied. It is denied that Answering Defendants gave Plaintiffs a tour of the Property on or before August 6, 2009. After reasonable investigation, Answering Defendants are unable to form a belief as to what Plaintiffs may have noticed when they toured the house and the basement with their realtor. Therefore the allegations are denied. Strict proof thereof is demanded at the time of trial. 16. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are deemed denied. Strict proof thereof is demanded at the time of trial. 17. Denied. It is denied that Plaintiffs asked if the basement flooded. It is further denied that Answering Defendant, Ronald V. Gilbert, ever stated that "no, in the nine (9) years we have lived here the most water that we ever got was a t/4 inch, if that, and it remained back here in the concrete and never out into the carpeted area." Strict proof is demanded at the time of trial. 18. Admitted in part; denied in part. It is admitted only that Plaintiffs looked at the house with their agent, which was the first time the Plaintiffs had been in the house. As for the remaining allegations in this paragraph, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. Strict proof thereof is demanded at the time of trial. 19. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 20. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 21. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 22. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 23. Admitted in part; denied in part. It is admitted that Plaintiffs or their realtor did not ask Answering Defendants any questions about the Seller's Property Disclosure Statement. As for the remaining allegations in this paragraph, after reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 24. Admitted. 25. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 26. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 27. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 28. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 29. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 30. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 31. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 32. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 33. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 34. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 35. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 36. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 37. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 38. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations as to what Plaintiffs may have been told by one or more neighbors about the house flooding while Answering Defendants lived there. By way of a further answer, it is expressly denied that the house flooded while the Answering Defendants lived in it. Strict proof is demanded at the time of trial. 39. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. 40. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 41. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 42. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a further response may be required, it is expressly denied that Answering Defendant knew of any alleged flooding or water problems in and around the Property prior to and at the time of the sale of the Property. To the extent that a further response may be required, it is expressly denied that Answering Defendants failed to disclose any material defects to the Plaintiffs. Strict proof thereof is demanded at time of trial. 43. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 44. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 45. Denied. After reasonable investigation, Answering Defendants lack sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph and therefore said allegations are denied. By way of a further answer, the allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 46. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is denied that any alleged financial injuries were caused by any actions or inactions of Answering Defendants. It is expressly denied that Answering Defendants failed to disclose any known material defects to the Plaintiffs. Strict proof thereof is demanded at time of trial. COUNTI BREACH OF CONTRACT - AGREEMENT OF SALE 47. Answering Defendants incorporate their responses from paragraphs 1 through 46 herein by reference as though the same were fully set forth at length. 48. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is denied that Answering Defendants failed to keep their promises and have failed to perform their obligations under the Agreement of Sale and/or under the law. Strict proof thereof is demanded at time of trial. 49. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, the property was in the condition known by Answering Defendants and as represented in the Seller's Property Disclosure Statement. Strict proof thereof is demanded at time of trial. 50. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, the property was in the condition as represented by Answering Defendants in the Seller's Property Disclosure Statement. Strict proof is demanded at the time of trial. 51. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. By way of a further answer, Answering Defendants performed as required by the contract and by the law. Strict proof thereof is demanded at time of trial. 52. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. By way of a further answer, it is denied that Plaintiffs have been injured as a direct and proximate result of any actions or inactions of Answering Defendants. Strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT II BREACH OF FIDUCIARY DUTY 53. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 52 herein by reference as though the same were fully set forth at length. 54-60. The allegations contained in paragraphs 54 through 60 are directed to a party other than Answering Defendants. Therefore, no response is required. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT III BREACH OF CONTRACT 61. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 60 herein by reference as though the same were fully set forth at length. 62-69. The allegations contained in paragraphs 62 through 69 are directed to a party other than Answering Defendants. Therefore, no response is required. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT IV VIOLATION OF THE REAL ESTATE DISCLOSURE LAW 70. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 69 herein by reference as though the same were fully set forth at length. 71. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, the Answering Defendants accurately completed the Seller's Property Disclosure Statement. Strict proof thereof is demanded at the time of trial. 72. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial. 73. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is denied that Answering Defendants knew of material defects and failed to disclose those material defects to Plaintiffs. Strict proof thereof is demanded at time of trial. 74. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that an answer is required, the Seller's Property Disclosure Statement is a written document which speaks for itself. All legal and factual conclusions in this paragraph, which refer or relate to the aforementioned writing, are specifically denied and strict proof thereof is demanded at time of trial. By way of a further answer, it is expressly denied that the Answering Defendants failed to disclose any known material defects to the Plaintiffs. Strict proof thereof is demanded at the time of trial. 75. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is denied that any alleged financial loss is a result of the Answering Defendants' actions and/or inactions. Strict proof thereof is demanded at time of trial. 76. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is expressly denied that Answering Defendants failed to accurately complete the Seller's Property Disclosure Statement. It is further denied that they failed to disclose any known material defects in the property. Strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT V COMMON LAW FRAUD 77. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 76 herein by reference as though the same were fully set forth at length. 78. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is expressly denied that the Answering Defendants intentionally and/or recklessly engaged in conduct which operated as a fraud upon Plaintiffs. Strict proof thereof is demanded at time of trial. 79. Admitted but with qualifications. Answering Defendants lived and owned the said Property for approximately nine (9) years. 80. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent a response is required, it is expressly denied that Answering Defendants knew of water flooding the basement and/or a water problem in the property while they lived and owned it. It is further denied that the Answering Defendants failed to disclose material defects known by them to the Plaintiffs. Strict proof thereof is demanded at the time of trial. 81. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that Answering Defendants made untrue statements of material fact and/or omissions of material facts to Plaintiffs either orally or in the written Seller's Property Disclosure Statement. Strict proof thereof is demanded at the time of trial. 82. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that Answering Defendants made untrue statements of material fact and/or omissions of material facts to Plaintiffs. It is further denied that Answering Defendants induced Plaintiffs to purchase the property. Strict proof thereof is demanded at the time of trial. 83. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is denied that the Answering Defendants made any untrue statements of material fact and/or made any omissions and nondisclosures of material facts to the Plaintiffs. Strict proof thereof is demanded at the time of trial. 84. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at the time of trial. 85. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that the Answering Defendants made any false misrepresentations with the intent of misleading the Plaintiffs. Strict proof thereof is demanded at the time of trial. 86. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a further response may be required, it is expressly denied that Answering Defendants made any false representations. It is further denied that any actions and/or inactions of Answering Defendants caused any financial loss or exposed the Plaintiffs to unsafe health conditions. Strict proof thereof is demanded at the time of trial. 87. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that the Answering Defendants were the cause of any alleged injuries by the Plaintiff. Strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT VI FAILURE TO SUPERVISE 88. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 87 herein by reference as though the same were fully set forth at length. 89-90. The allegations contained in paragraphs 89 through 90 are directed to a party other than Answering Defendants. Therefore, no response is required. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT VII COMMON LAW NEGLIGENCE - VICARIOUS LIABILITY 91. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 90 herein by reference as though the same were fully set forth at length. 92-96. The allegations contained in paragraphs 92 through 96 are directed to a party other than Answering Defendants. Therefore, no response is required. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. COUNT VIII VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 97. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 96 herein by reference as though the same were fully set forth at length. 98. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof is demanded at time of trial. 99. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. 100. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. Strict proof thereof is demanded at time of trial. 101. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response may be required, it is expressly denied that Answering Defendants made any intentional and/or wanton misrepresentations and/or nondisclosures and/or engaged in a course of conduct which created the likelihood of misunderstanding or confusion. It is also denied that any actions and/or inactions of Answering Defendants caused any injury to the Plaintiffs. Strict proof thereof is demanded at time of trial. 102. Denied. The allegations contained in this paragraph are conclusions of law to which no responsive pleading is required. To the extent that a response is required, it is expressly denied that Answering Defendants made any misrepresentations and/or nondisclosures. It is further denied that any alleged harm was caused by the actions and/or inactions of Answering Defendants. Strict proof thereof is demanded at time of trial. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. NEW MATTER 103. Answering Defendants incorporate their affirmative pleadings in paragraphs 1 through 102 herein by reference as though the same were fully set forth at length. 104. Plaintiffs' causes of action may be limited and/or barred by the applicable statute of limitations. 105. Plaintiffs' causes of action are barred in whole or in part by their failure to state a cause of action upon which relief can be granted. 106. Plaintiffs' causes of action are barred by the express terms of the Agreement of Sale. 107. Plaintiffs' causes of action are barred in whole or in part by the integration clause in the Agreement of Sale. 108. Plaintiffs made affirmative statements in the Agreement of Sale that the Agreement of Sale contained the entire agreement between Plaintiffs and Answering Defendants and that there were no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, concerning the sale. 109. In the Agreement of Sale, the Plaintiffs represented that they inspected the property before signing the Agreement of Sale, or waived their right to do so, and purchased the property in its present condition. 110. The Plaintiffs knowingly and intelligently waived the right to make the purchase contingent upon the results of a property inspection, lead-paint inspection and mold inspection. 111. In the Agreement of Sale, the Plaintiffs represented that they agreed to purchase the property in its present condition unless otherwise stated in the Agreement of Sale. 112. To the extent that any and all claims are established, Plaintiffs' claims are barred pursuant to the Pennsylvania Comparative Negligence Act, 42 Pa.C.S.A. §7102. In the alternative, without prejudice to the Pennsylvania Comparative Negligence Act, any damages which were legally suffered and can be proven at trial shall be diminished in proportion to the amount of negligence attributed to the Plaintiffs under the facts and circumstances as they exist. 113. Plaintiffs' causes of action are barred by the Doctrine of Merger. 114. Plaintiffs' causes of action may be barred in whole or in part by the parole evidence rule. 115. As per the Real Estate Seller Disclosure Law, 68 PA. C.S.A. § 7301 et seq., the Answering Defendants are not liable for any errors, inaccuracies, or omissions of information in the Seller's Property Disclosure Statement since any alleged errors, inaccuracies, or omissions were based upon a reasonable belief that the alleged material defects allegedly not disclosed have been repaired. See, 68 Pa. C.S.A. §7309(a)(2). 116. The problems alleged in the Complaint were problems that occurred after settlement in which Answering Defendants have no legal duty to correct. 68 Pa. C.S.A. § 7314. 117. Prior to settlement, the Answering Defendants were not aware of any flooding problem with the basement. 118. Pursuant to the express terms of the Pre-Settlement Walk-Through Inspection form, the Plaintiffs' causes of action against Answering Defendants are barred by the express terms of the release contained therein. (A copy of the Pre-Settlement Walk-Through Inspection form is attached hereto and incorporated herein by reference as Exhibit "A"). 119. Plaintiffs' claims are barred and/or limited by the doctrine of res judicata, release, waiver, laches, unclean hands, consent, accord and satisfaction, estoppel, and/or collateral estoppel. 120. The Plaintiffs' claims are barred by the doctrine of assumption of the risk. 121. Plaintiffs' causes of action may be barred in whole or in part by the doctrine of economic loss. 122. Plaintiffs' ability to recover damages may be barred due to their failure to mitigate damages. 123. The Plaintiffs' causes of action are barred by existing case law in Pennsylvania. See Blumenstock v. Gibson, 2002 Pa. Super. 339, 811 A.2d 1029 (2002); Youndt v. First Nat. Bank of Port Alleg., 2005 PA. Super. 42, 868 A.2d 539 (2005); Potter v. Herman, 2000 Pa. Super. 345, 762 A.2d 1116 (2000); Rock v. Voshell, 397 F. Supp. 616 (E.D. Pa. 2005). 124. If Plaintiffs sustained the injuries as alleged in. their Complaint, which damages are strictly denied, then the damages were caused by the acts or omissions of entities or individuals over which Answering Defendants did not control or have a legal duty to control. 125. Prior to settlement, Plaintiffs knew that the property had sump pumps, which was disclosed to them in the Seller's Property Disclosure Statement. 126. Plaintiffs' claims are barred in whole or in part by their contributory negligence. 127. Answering Defendants cannot be held liable for failing to disclose any alleged material defects, if any, as they did not have knowledge of any material defects. 68 Pa. C.S.A. §7309(a)(1). 128. Any alleged defects were reasonably discoverable to Plaintiffs prior to settlement and therefore Plaintiffs' claims are barred by the parole evidence rule and LeDonne v. Kessler, 389 A.2d 1123 (Pa. Super. 1978) and its progeny. 129. Answering Defendants did not conceal any known material defects. 130. Plaintiffs did not justifiably rely on any alleged misrepresentations or omissions by Answering Defendants. 131. Plaintiffs' claims are barred because they waived their right to inspect the property. 132. Plaintiffs are not entitled to attorney fees on any claim other than the Unfair Trade Practices and Consumer Protection law, if at all. 133. Plaintiffs are not entitled to punitive damages since Answering Defendants' actions were not malicious, wanton, reckless, willful and/or oppressive. 134. No act or omission on the part of Answering Defendants was the proximate cause or contributing cause of any damages or injury allegedly suffered by Plaintiffs. 135. The Plaintiffs' claims are barred in whole or in part by the statute of frauds. This litigation arises from the sale of real property pursuant to a written Agreement of Sale. To the extent Plaintiffs rely on anything not a part of the Agreement of Sale, the statute of frauds bars said actions. 136. Plaintiffs' claim for rescission is barred to the extent that they ratified the Agreement of Sale. 137. Plaintiffs' claim for rescission is barred to the extent that they have made substantial changes to the property. 138. Plaintiffs' claims for bodily injury and other personal injury are barred by the Gist of the Action Doctrine, as the gist of Plaintiffs' claims are in contract, not tort. 139. Plaintiffs' can be fully compensated by monetary damages and are not entitled to equitable relief. 140. Answering Defendants did not engage in any fraudulent and/or deceptive conduct. 141. Plaintiffs are not entitled to attorney fees, treble damages or cost under the Pennsylvania Unfair Trade Practices and Consumer Protection Law since Defendants' conduct was not reckless or outrageous. 142. The Seller's Property Disclosure Statement expressly notified Plaintiffs that the Statement was not a substitute for any inspections or warranties that they may wish to obtain. Furthermore, the Plaintiffs were advised in the Statement that it was not a warranty by Sellers. 143. The Seller's Property Disclosure Statement discloses Answering Defendants' knowledge of the condition of the property as of the date it was signed by Answering Defendants. 144. The Seller's Property Disclosure Statement is not incorporated in the Agreement of Sale, and as such is not a part of the agreement. Therefore, Plaintiffs are barred from relying on that document by the parole evidence rule. 145. Answering Defendants had no obligation to make any specific investigation or inquiry in an effort to complete the property disclosure statement. 68 Pa. C.S.A. §7308. WHEREFORE, Answering Defendants respectfully request that the Plaintiffs' case be dismissed and judgment be entered in their favor and against Plaintiffs for Answering Defendants' costs and reasonable attorney fees, and such other relief deemed appropriate by the court. NEW MATTER CROSSCLAIM PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1031.1 Answering Defendants hereby Crossclaim against the other Co-Defendants identified in the Plaintiffs' Complaint and aver as follows: 146. For the purposes of this New Matter Crossclaim pursuant to Pennsylvania Rule of Civil Procedure 1031.1 only, and subject to the denials set forth in the Answer of Answering Defendants to the Plaintiffs' Complaint, Answering Defendants incorporate herein by reference the factual averments of Plaintiffs' Complaint, but do not adopt them. 147. If Plaintiffs sustained the injuries, losses, and/or damages as alleged, which allegations are herein expressly denied, then such injuries, losses, and/or damages were caused by the acts, omissions, negligence, carelessness, and other liability producing conduct of the remaining Co-Defendants and were not caused by Answering Defendants. 148. In the event that the injuries, losses, and/or damages occurred as alleged, then the remaining Co-Defendants are solely liable over to Plaintiffs, liable over to Answering Defendants, jointly and severally liable with Answering Defendants, and/or liable to Answering Defendants by way of contribution and/or indemnification. WHEREFORE, Answering Defendants request that judgment be entered in their favor or, in the alternative, a finding that the remaining Co-Defendants are solely liable over to Plaintiffs, liable over to Answering Defendants, jointly and severally liable to Plaintiffs and/or liable to Answering Defendants for contribution and/or indemnification. CIPRIANI & W-BMER, P.C. Dated: / Z E. Ralph Godfrey, squire Attorney I.D. No. 77 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Attorneys for Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert VERIFICATION We, the undersigned, having read the attached Answer, New Matter and New Matter Cross-Claim to Plaintiffs' Complaint hereby verify that the attached answers are based upon information furnished to counsel and information which has been gathered by counsel in the course of this lawsuit. The language of the attached answers is that of counsel and not of the undersigned. The undersigned verifies that he/she has read the attached answers and that they are true and correct to the best of his/her information and belief. To the extent that the contents of the attached answers are that of counsel, the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: onald V. Gilbert, Jr. Dated: Olk, Amy Gilbert Exhibit A PRE-SETTLEMENT WALK-THROUGH INSPECTION This form to recommended and approved for, but not restricted to, use by members of the Great er Harrisburg Amocdation of REALTORS ®. DATE OIP SALES AGRE NT: R$: PROPERTY: SBLI ER(S): BOY$R(S?: %?? 1 , 1 The tmdan*md s) have ?o Ie? gm above-captoned property on II "t , 20? acconrpauied by D-l1 and have detemm?ad ![r thefr that the property was in snbstautially the same condition as it was at the lima of execution of k Agreement of Sale. The Buyer(s) acimowledge that all non-real estate enter as oudloed m the Agreement of Sale were on the promises at the time of inspection and all futures were in place and foaction ing. The following dtema ware noted as NOT being in satisfactory condition, but were accepted in "AS-W condition. (ladicste if "NONE" ). The Buyer(s) have received copies of all regaired catificadons and huq"otions and understand that non -warranties are included mriess specifically indicated on the writtearepart. All teems and conditions m the Agreement of Sale have bam satisbabomly met The following items ware noted as NOT being m sattsbiOtory condition andNOT ACCBPM by buyer(s): Agra-ant far resolution is as follows: In tiro case of PEA roared or VA guaranteed purchase, finis cmtifiaation shall neither m;made nor supplant the requisite pre-sattlamemt inspection cartificatiom but shall supplement same. Buyer(s) wanucta that *my are not relying upon any reprammtotion made by Seller, Agent or Brolter, and heroby releases, quit claims, and forever discharges, Seller(s), Seller(s) Agents, Subagen% atoployees and any oiHear or partaar or OW one ofthem any o8rer parsan, faro, eorporsfiem, who may be liable by or thtonglt dram. A mt any and all claims, losses, or demands, inuring personal Wuries, and all of the consequenow thereof; where now ]mown ar cat, wbich may arise due the condition of the subjectpsoperty. Wttaass: Buyer. / Date: al -1 Y-d 9 Witiress: Buyer. mr?- Date: 9 - t 4 0°t Solla(s) have been advised of the results of Buyer(s) inspection and ag7 to wMapdow qr resolutions noted herein. Wiinesa: Date: INSPECTION WAVER [Complete this section ONLY ff inspection Is waived by the Buyer(s)] I (We), the undersigned Bayer(s) of ffie above-captioned property, have been advised of our right to a pre-setilameal. inspection. We hereby decline and waive our right to such inspection and the benefits thereof and hereby rebase, quit claim, and forever discharge, Seller(s), Sellars) Agauts, Subegaots, amplcyaes, and any office ar partner or any one of them and any other person, faro, corporation, who may be liable by or Rough them, from any and all claims, losses, or demands, including personal injuries, and all the c omequances thexeot where now known ornot, which may arise due to the condition ofthe subject property. Witness: Buyer: Date: Witness. Buyer. Date: a9ranaos 10047 I • . CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certify that a true and correct copy of Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert's Answer, New Matter and New Matter Cross-Claim was mailed to all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of_) ?. , 2012: CW 941 Robert Bleecher, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 By TO PLAINTIFFS AND CO-DEFENDANTS: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE NEW MATTER AND NEW MATTER CROSSCLAIMS WITHIN TWENTY (20) DA OF SERVICE HEREOF OR A EN1? MAY BE ENTERED AGAINST Y I' Esquire O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER Attorney for Defendant, C= c =? Re/Max Ist Advantage -03 N mlx L n _ w c?a C - -t -n COURT OF COMMON PLEA S 5;- r\3 CUMBERLAND COUNTY ? . v. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I s` ADVANTAGE NO. 11-7116 ANSWER OF DEFENDANT, RE/MAX 1sT ADVANTAGE TO PLAINTIFFS' COMPLAINT WITH NEW MATTER AND NEW MATTER PURSUANT TO Pa.R.C.P. 1031.1 COMES NOW, the Defendant, Re/Max 1st Advantage (hereinafter "Re/Max"), by and through its undersigned counsel, O'Connor Kimball LLP, and as and for its Answer to Plaintiffs' Complaint in the above- captioned matter, state as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 2. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 3. Denied as stated. To the contrary Re/Max 1St Advantage is a fictitious name registered with the Commonwealth of Pennsylvania Department of State. The name is owned by a corporation which operates a real estate brokerage at the address stated in the Plaintiffs' Complaint. 4. Admitted in part. Denied in part. It is admitted that Amerigo J. Pallotta, is a real estate salesperson, licensed by the Commonwealth of Pennsylvania. It is denied that he is affiliated as stated in the corresponding paragraph of the Plaintiffs' Complaint. 5. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 6. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 7. Admitted in part. Denied in part. It is admitted that the Plaintiffs have attached Exhibit "A" to their Complaint. The balance of the allegations of the corresponding paragraph of Plaintiffs' Complaint are denied, since Exhibit "A," being a writing, contains terms that speak for themselves and Answering Defendant expressly and specifically denies any attempt by Plaintiffs herein to characterize or define said terms. 2 8. Admitted in part. Denied in part. It is admitted that the Plaintiffs have attached Exhibit "B" to their Complaint. The balance of the allegations of the corresponding paragraph of Plaintiffs' Complaint are denied, since Exhibit "B," being a writing, contains terms that speak for themselves and Answering Defendant expressly and specifically denies any attempt by Plaintiffs herein to characterize or define said terms. 9. Admitted in part. Denied in part. It is admitted that the Plaintiffs have attached Exhibit "C" to their Complaint. The balance of the allegations of the corresponding paragraph of Plaintiffs' Complaint are denied, since Exhibit "C," being a writing, contains terms that speak for themselves and Answering Defendant expressly and specifically denies any attempt by Plaintiffs herein to characterize or define said terms. By way of further response, it is expressly and specifically denied that Exhibit "C" as attached by the Plaintiffs to their Complaint, constitutes a complete copy of the Agreement of Sale. 10. Denied as stated. As is pleaded in the foregoing paragraphs, the Agreement of Sale is in writing and the terms therein speak for themselves. 11. Admitted in part. Denied in part. It is admitted that the Plaintiffs have attached Exhibit "D" to their Complaint. The balance of the allegations of the corresponding paragraph of Plaintiffs' Complaint are denied, since Exhibit "D," being a writing, contains terms that speak for themselves and Answering Defendant expressly and specifically denies any attempt by Plaintiffs herein to characterize or define said terms. 12. Denied. To the extent that the allegations of the corresponding paragraph of the Plaintiffs' Complaint contain conclusions of law, same are deemed denied under the Pennsylvania Rules of Civil Procedure and no response is required. To the extent that the allegations of the corresponding paragraph of the Plaintiffs' Complaint contain allegations of fact, it is expressly and specifically denied that the Disclosure Statement contained any misrepresentations or omissions of fact that were known to the Answering Defendant. By way of further response, as a matter of law, the answers provided on the Seller's Property Disclosure Statement are those of the seller, alone. 3 13. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 14. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 15. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 16. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 17. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 18. Denied as stated. To the extent that the allegations of the corresponding paragraph of the Plaintiffs' Complaint purport to be exhaustive of the discussions between the Plaintiffs and their agent, the allegations are deceptive and therefore denied.. 4 19. Denied as stated. To the contrary, the agent ensured that the basement was available for the buyers' unfettered inspection. 20. Denied. It is expressly and specifically denied that the Plaintiffs were advised to waive any inspections. To the contrary, the documents provided, and upon which the Plaintiffs purportedly relied in the prosecution of this action, clearly indicate otherwise. 21. Denied for the reasons set forth in response in the foregoing paragraph. 22. Denied for the reasons set forth in ¶¶ 20 and 21, above. 23. Denied as stated. To the contrary, the agent ensured that the Plaintiffs were provided with the Seller's Property Disclosure Statement as required by Pennsylvania law, upon which he asked the Plaintiffs to review and indicate if they had any questions with respect to the content thereof, which they did not. 24. It is admitted that closing occurred as indicated in the documents pertaining to the transaction. 25. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 26. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 27. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 5 28. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 29. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 30. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 31. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 32. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 33. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of 6 Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 34. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 35. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 36. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 37. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 38. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 7 39. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 40. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 41. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 42. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. 43-45. Denied. The allegations of the corresponding paragraphs of the corresponding paragraph of the Plaintiffs' Complaint contain conclusions of law which are deemed denied and to which no response is required under the Pennsylvania Rules of Civil Procedure. Strict proof thereof is demanded at the time of trial 46. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph of s Plaintiffs' Complaint and therefore denies same. Strict proof thereof is demanded at time of trial and in accordance with the Pennsylvania Rules of Evidence. COUNTI BREACH OF CONTRACT - AGREEMENT OF SALE 47. Answering Defendant hereby incorporates its responses to paragraphs 1 through 46, as if fully set forth herein in their entirety. 48-52. Denied. The allegations of the corresponding paragraphs of the Plaintiffs' Complaint are directed to parties other than the Answering Defendant, and no response is therefore required nor provided. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. COUNT II BREACH OF FIDUCIARY DUTY 53. Answering Defendant hereby incorporates its responses to paragraphs 1 through 52, as if fully set forth herein in their entirety. 54-60. Denied. The allegations contained in the corresponding paragraphs of Plaintiffs' Complaint contain legal conclusions which are deemed denied and to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further answer, it is specifically denied that Answering Defendant breached any duties owed to Plaintiffs. Answering Defendant, at all times material hereto, performed its services in good faith, with prudence, reasonableness and integrity, and within the applicable professional standards of care. It is expressly and specifically denied that at any time material hereto, the Answering Defendant, through its agent, engaged in any conduct that was negligent, careless, or wrongful in any manner whatsoever. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. 9 COUNT III BREACH OF CONTRACT 61. Answering Defendant hereby incorporates its responses to paragraphs 1 through 60, as if fully set forth herein in their entirety. 62-69. Denied. The allegations contained in the corresponding paragraphs of Plaintiffs' Complaint contain legal conclusions which are deemed denied and to which no response is required under the Pennsylvania Rules of Civil Procedure. . WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. COUNT IV VIOLATION OF THE REAL ESTATE DISCLOSURE LAW 70. Answering Defendant hereby incorporates its responses to paragraphs 1 through 69, as if fully set forth herein in their entirety. 71-76. Denied. The allegations of the corresponding paragraphs of the Plaintiffs' Complaint are directed to parties other than the Answering Defendant, and no response is therefore required nor provided. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. COUNT V COMMON LAW FRAUD 77. Answering Defendant hereby incorporates its responses to paragraphs 1 through 76, as if fully set forth herein in their entirety. 78-87. Denied. The allegations of the corresponding paragraphs of the Plaintiffs' Complaint are directed to parties other than the Answering Defendant, and no response is therefore required nor provided. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. to COUNT VI FAILURE TO SUPERVISE 88. Answering Defendant hereby incorporates its responses to paragraphs 1 through 87, as if fully set forth herein in their entirety. 89-90. Denied. The Answering Defendant incorporates its responses to Count II, ¶T 53-60, as fully as if said responses were herein set forth at length. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. COUNT VII COMMON LAW NEGLIGENCE - VICARIOUS LIABILITY 91. Answering Defendant hereby incorporates its responses to paragraphs 1 through 90, as if fully set forth herein in their entirety. 92-96. Denied. The Answering Defendant incorporates its responses to Count II, ¶¶ 53-60, as fully as if said responses were herein set forth at length. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. COUNT VIII VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 97. Answering Defendant hereby incorporates its responses to paragraphs 1 through 96, as if fully set forth herein in their entirety. 97-102. Denied. The allegations of the corresponding paragraphs of the Plaintiffs' Complaint are directed to parties other than the Answering Defendant, and no response is therefore required nor provided. WHEREFORE, Answering Defendant demands judgment in its favor and against Plaintiffs. 11 NEW MATTER 103. Answering Defendant hereby incorporates by reference all other paragraphs of this Answer and New Matter, together with all referenced documents as if fully set forth herein in their entirety. 104. Plaintiffs' Complaint fails, in whole or in part, to state a cause of action upon which relief can be granted. 105. In Plaintiffs' Complaint, there are four Counts against Answering Defendant: Count 11- Breach of Fiduciary Duty; Count III- Breach of Contract; Count VI- Failure to Supervise; and Count VII-Common Law Negligence- Vicarious Liability. 106. Plaintiffs' claims, if any, are barred, in whole or in part, by the proper application of the Principles of Waiver. 107. Plaintiffs' claims, if any, are barred, in whole or in part, by the proper application of the Doctrine and Principles of Estoppel. 108. At all times material hereto, Answering Defendant acted in a prudent, reasonable, lawful, and appropriate manner with regard to the sale of the Property. 109. Answering Defendant incorporates all defenses available to it contained in or arising out of the documents governing the sale of the Property. 110. Plaintiffs' damages, if any, were caused by other persons or parties or entities over whom Answering Defendant had no right of control. 111. Answering Defendant breached no duties owed to Plaintiffs. 112. Answering Defendant acted, all times material hereto, in good faith and in furtherance of the performance of its duties and with prudence, reasonableness, and integrity. 12 113. The claims in Plaintiffs' Complaint are barred by the proper application of the Doctrine of the Pennsylvania Comparative Negligence Act or due to Plaintiffs' own comparative and/or contributing negligence. 114. The claims in Plaintiffs' Complaint are barred by proper application of the Doctrine of Contributory Negligence. 115. Plaintiffs' cause of action is barred by the expiration of all applicable Statutes of Limitation. 116. Plaintiffs' claims may be barred by any applicable Releases or indemnification language pertinent to the documents related to the sale of the Property. 117. Answering Defendant denies that it performed any of its assigned duties in an improper manner and instead asserts that at all times, it properly performed its duties in a professional manner. 118. Answering Defendant denies that it deviated from the applicable standards of care related to real estate agents and/or brokers at any time. 119. Answering Defendant asserts such affirmative defenses as may become available to it during discovery, which is continuing. 120. Plaintiffs' claims are barred as Answering Defendant's liability, if any, is subject to its assigned duties as agent and/or broker regarding the sale of the Property. 121. Plaintiffs' claims are barred by his failure to mitigate damages. 122. Plaintiffs' claims, if any, are barred by Plaintiffs' voluntary assumption of the risk. 123. Plaintiffs' claims, if any, are barred by the proper application of the Principles of Collateral Estoppel. 124. Plaintiffs' claims, if any, are barred by the proper application of the equitable Doctrine of Laches. 13 125. Plaintiffs' claims are barred or limited by the proper application of the Parol Evidence Rule by virtue of the integrated contract governing the sale, by virtue of the proper application of the Doctrine of Merger, by virtue of the proper application of the economic loss doctrine as applied in the Commonwealth of Pennsylvania, by virtue of other waiver in the form of Plaintiffs' failure to read or understand the documents given to them at varying times throughout the transaction, and as a result of Plaintiffs' failure to make decisions consistent with reasonably prudent persons in his/her/their situation and under the circumstances. 126. The language of the Agreement of Sale setting forth the rights of the Sellers in the case of breach of contract by the buyer is clear and unambiguous. 127. Plaintiffs' claims are barred by the terms of the Agreement of Sale that they entered into with the seller. 128. The Agreement of Sale entered into by the Plaintiffs and the Defendant sellers contains the following language: 27. RELEASE (9-05) Buyer hereby releases, quit claims, and forever discharges SELLER, ALL BROKERS, their LICENSEES, EMPLOYEES and any OFFICER or PARTNER of any one of them and any other PERSON, FIRM or CORPORATION who may be liable by or through them, from any and all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, whether known or not, which may arise from the presence of termites or other wood-boring insects, radon, lead-based paint hazards, mold, fungi, or indoor air quality, environmental hazards, any defects in the individual on-lot sewage disposal system, or deficiencies in the on-site water service system, or any defects or conditions on the Property. Should Seller be in default under the terms of this Agreement, or in violation of any seller disclosure law or regulation, this release does not deprive Buyer of any rights to pursue any remedies that may be available under law or equity. This release will survive settlement. 14 A true and correct copy of the Agreement of Sale is incorporated by reference, attached hereto and marked as Exhibit "A." 129. The Agreement of Sale entered into by the Plaintiffs and the Defendant sellers contains the following additional language: 28. REPRESENTATIONS (9-05) (A) All representations, claims, advertising, promotional activities, brochures or plans of any kind made by Seller, Brokers, their licensees, employees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement. This Agreement contains the whole agreement between Seller and Buyer, and there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. This Agreement will not be altered, amended, changed or modified except in writing executed by the parties. (B) Unless otherwise stated in this Agreement, Buyer has inspected the Property (including fixtures and any personal property specifically listed herein) before signing this Agreement or has waived the right to do so, and agrees to purchase the Property IN ITS PRESENT CONDITION. Buyer acknowledges that brokers, their licensees, employees, officers, or partners have not made an independent examination or determination of the structural soundness of the Property, the age or condition of the components, environmental conditions, the permitted uses or of conditions existing in the locale where the Property is situated; nor have they made a mechanical inspection of any of the systems contained therein. (C) Any repairs required by this Agreement will be completed in a workmanlike manner. (D) Broker(s) have provided or may provide services to assist unrepresented parties in complying with this Agreement. See Exhibit A. 130. As such, this language precludes, bars and/or limits Plaintiffs' claims. 15 131. The Plaintiffs' claims are barred by the Agreement of Sale in that it is an integrated contract and in that it contains the language as delineated in the two preceding paragraphs, establishing the rights and responsibilities of the parties hereto. 132. Answering Defendant hereby reserves the right to raise all other affirmative defenses set forth in Pennsylvania Rule of Civil Procedure 1030. 133. Plaintiffs' claims for relief are barred and/or limited by facts and defenses which will become evident during discovery, and Answering Defendant especially reserves its right to amend its New Matter at a later date to reflect said defenses. 134. The transaction in question was accomplished by way of a written Agreement of Sale as has been pleaded by Plaintiffs. 135. Plaintiffs' claims are limited and/or barred by virtue of the Doctrine of Accord and Satisfaction. 136. Answering Defendant incorporates all defenses available to it contained in or arising out of the contract documents governing these transactions. 137. Plaintiffs' claims, if any, are barred, in whole or in part, by the proper application of the Economic Loss Doctrine. 138. The Agreement of Sale contains the following language regarding inspections: 9. INSPECTIONS (9-05) (A) Seller will provide access to insurers' representatives and, as may be required by this Agreement, to surveyors, municipal officials and inspectors. If Buyer is obtaining mortgage financing, Seller will provide access to the Property to appraisers and others reasonably required by mortgage lender(s). Buyer may attend any inspections. (B) Buyer may make a pre-settlement walkthrough inspection of the Property. Buyer's right to this inspection is not waived by any other provision of this Agreement. 16 C) Seller will have heating and all utilities (including fuel(s)) on for the inspections. (D) All inspectors, including home inspectors, are authorized by Buyer to provide a copy of any reports to Broker for Buyer. (E) Seller has the right, upon request, to receive without charge a copy of any inspection report from the party for which it was prepared. See Exhibit A. 139. The Seller's Property Disclosure Statement received by the Plaintiffs and referenced in Plaintiffs' Complaint, specifically states, "This Statement discloses Seller's knowledge of the condition of the property as of the date signed by Seller and is not a substitute for any inspections or warranties that Buyer may wish to obtain. This Statement is not a warranty of any kind by Seller or a warranty or representation by any listing real estate broker, any selling real estate broker, or their licensees. Buyer is encouraged to address concerns about the conditions of the property that may not be included in this Statement." A true and correct copy of the Seller's Property Disclosure Statement is incorporated by reference, attached hereto and marked as Exhibit "B." 140. The Plaintiffs acknowledge their receipt of the Seller's Property Disclosure Statement and also that "this Statement is not a warranty and that, unless stated otherwise in the sales contract, Buyer is purchasing this property in its present condition. It is Buyer's responsibility to satisfy himself or herself as to the condition of the property. Buyer may request that the property be inspected, at Buyer's expenses and by qualified professionals to determine the condition of the structure or its components." See Exhibit B. 141. Plaintiffs' Complaint is either not verified or properly verified and, as such, is invalid and/or nugatory. 17 142. Plaintiffs' claims are barred and/or limited by virtue of the fact that all allegations in which they claim Answering Defendant, had knowledge of any undisclosed defect of the property as alleged is untrue, groundless and without any factual support. 143. To the extent that Plaintiffs rely upon any contrary representations made outside of the Agreement of Sale, all such representations are precluded by virtue of the Parol Evidence Rule. 144. Answering Defendant had no knowledge of the condition of the Property beyond that which was disclosed by the Sellers. 145. Plaintiffs' causes of action may be barred in whole or in part by the statute of frauds. 146. Plaintiffs' causes of action may be barred in whole or in part by the gist of the action doctrine. 147. If Plaintiffs sustained damages as alleged in their Complaint, said damages being herein strictly denied, then they were caused by the acts or omissions of entities/individuals over which/whom Answering Defendant had no control or a legal duty to control. 148. Plaintiffs are not entitled to collect attorney's fees, as there is no provision for same. 149. Pursuant to the Real Estate Licensing and Registration Act, 68 Pa. C.S.A. 455.101, et seq., and related regulations, there is no obligation to perform due diligence to discover any defects that were otherwise undisclosed. 150. Pursuant to the Real Estate Seller Disclosure Law, there is no liability for agents for any unknown, otherwise undisclosed defects. WHEREFORE, Answering Defendant hereby requests judgment in its favor and against Plaintiffs. NEW MATTER CROSSCLAIM PURSUANT TO Pa.R.C.P. 1031.1 AGAINST DEFENDANT HOMESTEAD GROUP, INC., RONALD V. GILBERT, JR. AND AMY GILBERT 18 151. Answering Defendant hereby incorporates by reference all other paragraphs of this Answer and New Matter, together with all referenced documents as if fully set forth herein in their entirety. 152. In the event that Answering Defendant is found to have any liability to the Plaintiffs in this matter, as this liability is presently denied, Plaintiffs' losses are due to the negligence and/or conduct of Defendant Homestead Group, Inc., Ronald V. Gilbert, Jr., and Amy Gilbert and Answering Defendant demands contribution and/or indemnity from Defendant Homestead Group, Inc., Ronald V. Gilbert, Jr., and Amy Gilbert, for costs and judgment pursuant to the Pennsylvania Comparative Negligence Act and the Pennsylvania Contribution Among Tortfeasors Act. 153. Should it be established that Answering Defendant has liability to the Plaintiffs, which liability is denied, Answering Defendant avers that its negligence is secondary and that the negligence of Defendant Homestead Group, Inc., Ronald V. Gilbert, Jr., and Amy Gilbert, is primary and that Answering Defendant seeks contribution and/or indemnity from Plaintiffs' alleged loss from Defendant Homestead Group, Inc., Ronald V. Gilbert., Jr., and Amy Gilbert. WHEREFORE, Answering Defendant respectfully requests judgment in its favor on the claims asserted herein, together with costs and such other relief as the Court deems equitable and just. submitted, Dated: O'CONNM JQMBALL LLP By: 'Thomas YGikgory, Esquire Attorney for Defendant, Re/Max 1 S` Advantage 19 O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.U. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER Attorney for Defendant, Re/Max 1 st Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX Is'ADVANTAGE NO. 11-7116 VERIFICATION I, Thomas J. Gregory, Esquire, on behalf of Defendant Re/Max 1" Advantage, being duly sworn according to law, depose and say that I verify that the statements made in the foregoing Answer to Plaintiffs' Complaint, with New Matter and New Matter Crossclaim pursuant to Pa. R.C.P. 103 are true and correct to the best of my knowledge, information and belief. I understand that the statements contained therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsWMV falsification to authorities. O'CONNUR 10MIUALL LLP By: /fhomas YGrego , Esquire Attorney for Def ndant, Re/Max 1" Advantage Dated: ? ? 1? O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Attorney for Defendant, Re/Max 1St Advantage (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER COURT OF COMMON PLEAS CUMBERLAND COUNTY v RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE NO. 11-7116 CERTIFICATE OF SERVICE I, Jasmine C. MonteCarlo, Esquire, hereby certify that I caused a true and correct copy of the foregoing Answer to Plaintiff's' Complaint with New Matter and New Matter Pursuant to Pa.R.C.P. 1031.1 to be served on this ?jL) ay of .January 2012, via U.S. First Class Mail, postage prepaid, upon the following: Rob Bleecher, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Attorney for Plaintifs E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendant Ronald and Amy Gilbert James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Homestead Group, Inc. O' By Attorney for Defendant, Re/Max I" Advantage O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza., Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX 1 st ADVANTAGE FILED-DFFICE O THE PROTHONOTARY 2012 FEB - 6 PM 1: 2 3 Attorney for Defolfft,RLAND COUNTY ReMax 1 Advanta*TN?I S YLVAN I A COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-7116 ANSWER OF DEFENDANT, RE/MAX 1sT ADVANTAGE, TO NEW MATTER CROSSCLAIM OF DEFENDANTS, ROBERT V. GILBERT, JR. AND AMY GILBERT COMES NOW, Answering Defendant, ReMax 1St Advantage, by and through its undersigned counsel, O'Connor Kimball LLP, and as and for its Answer to New Matter Crossclaims of Defendants, Robert V. Gilbert, Jr. and Amy Gilbert (hereinafter "Gilbert Defendants"), in the above-captioned matter, state as follows: 146. Answering Defendant incorporates by reference its responses to all pleadings in this action, together with all referenced documents, as if fully set forth herein in their entirety. 147-148. Denied. The allegations of the corresponding paragraphs of the Gilbert Defendants' Crossclaims contain conclusions of law, which are deemed denied under the Pennsylvania Rules of Civil Procedure and to which no response is required. Strict proof thereof is demanded at the time of trial. WHEREFORE, Answering Defendant demands judgment in its favor and Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert. O'CONINOR KI1"11ALL LLP By: Thomas J. eg, Esquire 1 1'? Attorney for Defendant, ReMax 1" Advantage Dated: Y II O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza., Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@ ,okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I s' ADVANTAGE Attorney for Defendant, ReMax 1St Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-7116 VERIFICATION I, Thomas J. Gregory, Esquire, on behalf of ReMax 1St Advantage, a named defendant in the above- captioned matter, being duly sworn according to law, depose and say that I verify that the statements made in the foregoing Answer of Defendant, ReMax 1St Advantage, to New Matter Crossclaims of Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert, are true and correct to the best of my knowledge, information and belief. I understand that the statements contained therein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. O'CONNOR KIMBALL LLP By: G 'V " 7` - / Thomas J. Gregory, Esquire n / Attorney for Defendant, ReMax I" Advantage Dated: O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX 1 s` ADVANTAGE Attorney for Defendant, Re/Max 1St Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-7116 CERTIFICATE OF SERVICE I, Thomas J. Gregory, Esquire, hereby certify that I caused a true and correct copy of the foregoing Answer to New Matter Crossclaims of Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert, to be served on this ?St day of Y 2012, via U.S. First Class Mail, postage prepaid, upon the following: Rob Bleecher, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 :Mechanicsburg, PA 17055-4894 Attorney for Plaints James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Homestead Group, Inc. E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendant Ronald and Amy Gilbert O'CONNM KIrM1DALL LLP By: 'Thomas J.jUr-egc f y, Esquire Attorney for Defendant, ReMax I st Advantage r ?_.( -UFI fCC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS•Yli`+-1dV fiOP90TAf "t` CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, CASE NO: 2011-7116 Plaintiffs V. JURY TRIAL DEMANDED RONALD V. GILBERT, JR., AMY GILBERT, HOMESTAED GROUP, INC and RE/MAX 1sT ADVANTAGE, Defendants :UMBERLAND COUNTY PENNSYLVANIA DEFENDANTS RONALD V. GILBERT JR. AND AMY GILBERT'S REPLY TO NEW MATTER CROSSCLAIM OF RE/MAX 1 ADVANTAGE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 1031.1 Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert ("Defendants"), by and through their counsel, Cipriani & Werner, P.C., hereby respond to Defendant, Re/Max I" Advantage's New Matter Crossclaim as follows: 151. Denied. This paragraph is an incorporation paragraph to which no response is required. To the extent that a response may be required, this paragraph is denied as a conclusion of law to which no response is required. Furthermore, Defendants incorporate by reference their responses to all pleadings in this action, together with all referenced documents, as if fully set forth herein in their entirety. 152. Denied. The allegations contained in this paragraph are denied as conclusions of law to which no response is required. Strict proof thereof is demanded at time of trial. 151 Denied. The allegations contained in this paragraph are denied as conclusions of law to which no response is required. Strict proof thereof is demanded at time of trial. WHEREFORE, Defendants, Ronald V. Gilbert, Jr., and Amy Gilbert, demand judgment in their favor on the claims asserted herein, together with costs and such other relief as the Court deems equitable and just. Dated: Z.. CIPRIANI & WERNER, P.C. By E. Ralph Godfrey; Esquire \ \ Attorney I.D. No. 77052 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (717) 975-9600 Attorneys for Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert CERTIFICATE OF SERVICE 1, E. Ralph Godfrey, Esquire, hereby certify that a true and correct copy of Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert's Reply to New Matter Crossclaim of Defendant, Re/Max 1 st Advantage was mailed to all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the day of ?h I_v_--?2012: Robert Bleecher, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 Rob Bleecher, Esquire Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 717-691-9809 FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2011-7116 PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT RE/MAX 1 ADVANTAGE 103. No response required. 104. Denied as a conclusion of law to which no response is required. 105. Denied. The Complaint speaks for itself. 106. Denied as a conclusion of law to which no response is required. 107. Denied as a conclusion of law to which no response is required. 108. Denied as a conclusion of law to which no response is required. 109. No response is required. 110. Denied as a conclusion of law to which no response is required. 111. Denied as a conclusion of law to which no response is required. 112. Denied as a conclusion of law to which no response is required. 113. Denied as a conclusion of law to which no response is required. 114. Denied as a conclusion of law to which no response is required. 115. Denied as a conclusion of law to which no response is required. 116. Denied as a conclusion of law to which no response is required. 117. Denied as a conclusion of law to which no response is required. 118. Denied as a conclusion of law to which no response is required. 119. No response is required. 120. Denied as a conclusion of law to which no response is required. 121. Denied as a conclusion of law to which no response is required. 122. Denied as a conclusion of law to which no response is required. 123. Denied as a conclusion of law to which no response is required. 124. Denied as a conclusion of law to which no response is required. 125. Denied as a conclusion of law to which no response is required. 126. Denied as a conclusion of law to which no response is required. 127. Denied as a conclusion of law to which no response is required. 128. The document speaks for itself. By way of further response, if Defendant suggests that Paragraph 27 of the Agreement of Sale entitled "Release" somehow relieves Defendant of liability for its negligence, Defendant is mistaken. By way of further response, should Defendant take the position that this Paragraph 27 does relieve Defendant of any liability for its own negligence, such a provision is against public policy, is unconscionable, is a conflict of interest between each of the real estate licensees and their clients in that such a reading of the contract requires the client to agree that the real estate agent is to be held harmless for any of the agent's negligence or other misconduct, and as such violates the fiduciary duty of an agent to its principal. 2 129. The document speaks for itself. By way of further response, if Defendant suggests that this language somehow relieves Defendant of responsibility for its negligence, its reading is inaccurate. The property's "present condition" that the Plaintiffs agreed to purchase the property in, is a condition described in the Seller's Disclosure Statement. However, the property's "present condition" was not a condition described in the Seller's Disclosure Statement. 130. Denied as a conclusion of law to which no response is required. 131. Denied as a conclusion of law to which no response is required. 132. No response is required. 133. No response is required. 134. Admitted in part, denied in part. It is admitted that a written agreement of sale was used in the purchase of real estate transaction. It is denied that there are no other documents or representations that were involved in the transaction. 135. Denied as a conclusion of law to which no response is required. 136. No response is required. 137. Denied as a conclusion of law to which no response is required. 138. The document speaks for itself. 139. The document speaks for itself. By way of further response, the Seller's Disclosure Statement is required to be a truthful disclosure of all material defects in a property. Sellers failed to disclose all known material defects in the property. 140. The document speaks for itself. By way of further response, Sellers, Sellers Agents, and Buyers Agents cannot relieve themselves of responsibility for misconduct and/or failure to disclose material facts by relying upon an assertion that the Seller makes no warranty. 141. Denied as a conclusion of law to which no response is required. 3 142. Denied as a conclusion of law to which no response is required. 143. Denied as a conclusion of law to which no response is required. 144. Denied. Plaintiffs believe and therefore aver that answering Defendant knew that the condition of the property was not as represented in the Seller's Disclosure Statement. 145. Denied as a conclusion of law to which no response is required. 146. Denied as a conclusion of law to which no response is required. 147. Denied as a conclusion of law to which no response is required. 148. Denied as a conclusion of law to which no response is required. 149. Denied as a conclusion of law to which no response is required. 150. Denied as a conclusion of law to which no response is required. Further, Defendant's verification violates Rule 1024 Pa. R.C.P. Therefore, Plaintiffs demand that Defendant comply with the Rule in order that Defendant may be held accountable for any falsehoods made in its Answer to the Plaintiffs' Complaint. Date: February X, 2012 Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9809 Attorneys for Plaintiffs 4 VERIFICATION I, Frank B. Kramer, Jr., the Plaintiff herein, state that the averments contained in this document are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Frank B. Kramer, Jr. VERIFICATION I, Crystal L. Kramer, the Plaintiff herein, state that the averments contained in this document are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ?l Dated: Crystal L. Kramer CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing Response to New Matter this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Dated: February 17, 2012 l ? Rob Bleecher, Esquire Rob Bleecher, Esquire Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 717-691-9809 FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNS YLVANIA : CIVIL ACTION - LAW : NO. 2011-7116 f M -x., 00 r. // mJ f PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANTS RONALD V. GILBERT. JR. AND AMY GILBERT 103. No response is required. 104. Denied as a conclusion of law to which no response is required. 105. Denied as a conclusion of law to which no response is required. 106. Denied as a conclusion of law to which no response is required. 107. Denied as a conclusion of law to which no response is required. By way of further response, failure to properly disclose material defects in a statutorily mandated Seller's Disclosure Statement is not limited by an integration clause. 108. See response to Paragraph 107 above. 109. See response to Paragraph 107 above. 110. Denied as a conclusion of law to which no response is required. By way of further response, the issue is not whether Plaintiffs' waived a right to place a contingency in the agreement, the issue is whether Defendants failed to properly disclose a material defect in the property and whether the Defendants failed to disclose information in the disclosure statement which is required by statute. 111. Denied as a conclusion of law to which no response is required. By way of further response, the "present condition" that the Plaintiffs agreed to purchase the property in was the condition represented by Sellers in the seller's disclosure statement. 112. Denied as a conclusion of law to which no response is required. 113. Denied as a conclusion of law to which no response is required. 114. Denied as a conclusion of law to which no response is required. 115. Denied as a conclusion of law to which no response is required. By way of further response, the Seller Disclosure Statement asks for disclosure of any repairs made to the property. Defendants failed to disclose that any repairs were made and consequently they have misrepresented material facts and are not protected by 68 Pa. C.S.A. § 7309(a)(2). Further, Defendants misrepresented orally a material fact to Plaintiffs. 116. Denied as a conclusion of law to which no response is required. 117. Denied. By way of further response, Plaintiffs believe and therefore aver that Defendants were aware of the water infiltration problem in the basement. 118. Denied as a conclusion of law to which no response is required. By way of further response, fraudulent conduct such as exhibited by Defendants cannot be waived by a plaintiff. 119. Denied as a conclusion of law to which no response is required. 120. Denied as a conclusion of law to which no response is required. 121. Denied as a conclusion of law to which no response is required. 122. Denied as a conclusion of law to which no response is required. 2 123. Denied as a conclusion of law to which no response is required. 124. Denied as a conclusion of law to which no response is required. 125. Admitted. By way of further response, knowing that their property had sump pumps in no way indicates that the basement was subject to flooding. 126. Denied as a conclusion of law to which no response is required. 127. Denied as a conclusion of law to which no response is required. By way of further response, Defendants have admitted in Paragraph 115 of the New Matter that there were problems, but that they believed that the problems had been repaired. 128. Denied as a conclusion of law to which no response is required. 129. Denied. Plaintiffs believed Defendants were well aware of the material defects and intentionally concealed them from Plaintiffs. 130. Denied as a conclusion of law to which no response is required. By way of further response, Plaintiffs did rely on the misrepresentation and omissions of Defendants and such reliance was justified. 131. Denied as a conclusion of law to which no response is required. By way of further response, Plaintiffs were justified in relying on the Seller's Disclosure Statement and Seller's oral statement to Plaintiffs that there were no water problems in the basement of the subject property. 132. Denied as a conclusion of law to which no response is required. 133. Denied as a conclusion of law to which no response is required. 134. Denied as a conclusion of law to which no response is required. 135. Denied as a conclusion of law to which no response is required. 136. Denied as a conclusion of law to which no response is required. By way of further response, there is no meeting of the minds or ratification where fraud exists. 3 137. Denied as a conclusion of law to which no response is required. 138. Denied as a conclusion of law to which no response is required. 139. Denied as a conclusion of law to which no response is required. 140. Denied as a conclusion of law to which no response is required. 141. Denied as a conclusion of law to which no response is required. 142. Denied as a conclusion of law to which no response is required. By way of further response, there is a statutory requirement that the Seller disclose material defects. Defendants failed to do so. 143. Denied. Plaintiffs believe and therefore aver that Defendants knew that the Disclosure Statement and their representations to Plaintiffs were materially defective. 144. Denied. The Seller's Disclosure Statement is mandated by State law and it is provided by Sellers as a true and accurate statement of the condition of the property. That Statement of Disclosure is to be provided to a potential buyer prior to entering an agreement of sale. 145. Denied as a conclusion of law to which no response is required. Date: February X, 2012 Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9809 Attorneys for Plaintiffs 4 VERIFICATION I, Frank B. Kramer, Jr., the Plaintiff herein, state that the averments contained in this document are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: L T' Fr B. Kramer, Jr. VERIFICATION I, Crystal L. Kramer, the Plaintiff herein, state that the averments contained in this document are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. i Dated: Z- V- I -z. Crystal L. Kramer .- r .. CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing Response to New Matter this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Dated: February _q_, 2012 Rob Bfleecher, Esquire James L. Goldsmith, Esquire Attorney I.D. No. 27115 Thomas S. Lee, Esquire Attorney I.D. No. 89440 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jgoldsmith@CKLegal.net tlee@CKLegal.net ?c;ftq ? Attorneys for Homestead Group FRANK B. KRAMER, JR., and IN THE COURT OF COMMON PLEAS CRYSTAL L. KRAMER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. : No. 2011- -7116-CV RONALD V. GILBERT, JR., AMY GILBERT, : Civil Action-Law HOMESTEAD GROUP, INC. and : Jury Trial Demanded RE/MAX 1 IT ADVANTAGE, : Defendants HOMESTEAD GROUP, INC.'S REPLY TO DEFENDANTS GILBERTS' CROSS CLAIMS AND NOW, comes Defendant Homestead Group, Inc., by and through its attorneys, Caldwell & Kearns, P.C., and serves this Reply to Defendants Gilberts' Cross Claims, and in support thereof avers as follows: 146. No answer required. 147. Denied. The averments of paragraph 147 of Defendant Ronald V. Gilbert, Jr. and Defendant Amy Gilbert's Cross Claim are conclusions of law and not allegations of fact and the same are thereby denied. 148. Denied. The averments of paragraph 148 of Defendant Ronald V. Gilbert, Jr. and Defendant Amy Gilbert's Cross Claim are conclusions of law and not allegations of fact and the same are thereby denied. WHEREFORE, Defendant Homestead Group, Inc. demands judgment in its favor and against Plaintiffs, or in the alternative, demands judgment that Ronald V. Gilbert, Jr. and Amy Gilbert be deemed solely liable, jointly liable and/or liable over to Defendant Homestead Group, Inc. by way of contribution, indemnification and/or contractual indemnification. Respectfully submitted, CALDWELL & KEARNS /J Dated: June 22, 2012 BY: James L. Goldsmith, Esq. Attorney I.D. #27115 Thomas S. Lee, Esq. Attorney I.D. # 89440 3631 North Front Street Harrisburg, PA 1.7110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@CKLegal.net tlee@CKLegal.net Counsel for Homestead Group, Inc. CERTIFICATE OF SERVICE AND NOW, this 22nd day of June, 2012, the undersigned hereby certifies that the foregoing Reply to Defendants Gilbert's Cross Claims was served upon the party by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Rob Bleecher, Esquire PECHT & ASSOCIATES, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Counsel for Frank and Crystal Kramer Glen D. Kimball, Esquire and Thomas J. Gregory, Esquire O'CONNOR KIMBALL, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Counsel for Re/Max I" Advantage E. Ralph Godfrey, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Ronald & Amy Gilbert CALDWELL & KEARNS By: 11064-002/190817 James L. Goldsmith, Esquire Attorney I.D. No. 27115 Thomas S. Lee, Esquire Attorney I.D. No. 89440 Caldwell & Kearns, P.C. 3631 North Front Street 4 ? '1 0 10 ry 5 2: L NO COUNTY (=•i=.N'S YLVANIX Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jgoldsmith@CKLegal.net tlee@CKLegal.net Attorneys for Homestead Group FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER, Plaintiffs, V. RONALD V. GILBERT, JR., AMY GILBERT, HOMESTEAD GROUP, INC. and RE/MAX 1 ST ADVANTAGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2011- -7116-CV Civil Action-Law Jury Trial Demanded HOMESTEAD GROUP, INC.'S REPLY TO NEW MATTER CROSS CLAIM OF DEFENDANT REMAX 1 T ADVANTAGE AND NOW, comes Defendant, Homestead Group, Inc., by and through its attorneys, Caldwell & Kearns, P.C., and serves the within Reply to Defendant ReMax 1St Advantage New Matter Cross Claim, and in support thereof avers as follows: 151. No response required. 152. Denied. The averments of Paragraph 152 of Defendant Re/Max 1St Advantage's Cross Claim are conclusions of law and not allegations of fact and the same is thereby denied. 153. Denied. The averments of Paragraph 153 of Defendant Re/Max 1St Advantage's Cross Claim are conclusions of law and not allegations of fact and the same is thereby denied WHEREFORE, Defendant Homestead Group demands judgment in its favor and against Plaintiff, or in the alternative, demand judgment that Codefendant RE/MAX 1St Advantage be deemed solely liable, jointly liable and/or liable over to Defendant Homestead Group by way of contribution, indemnification and/or contractual indemnification. Respectfully submitted, CALDWELL & KEARNS Dated: June 22, 2012 BY: James L. Goldsmith, Es . Attorney I.D. #27115 Thomas S. Lee, Esq. Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@CKLegal.net tlee@CKLegal.net Counsel for Homestead Group, Inc. 3 CERTIFICATE OF SERVICE AND NOW, this 22nd day of June, 2012, the undersigned hereby certifies that the foregoing Reply to Cross Claim was served upon the party by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Rob Bleecher, Esquire PECHT & ASSOCIATES, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Counsel for Frank and Crystal Kramer Glen D. Kimball, Esquire and Thomas J. Gregory, Esquire O'CONNOR KIMBALL, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Counsel for Re/Max I" Advantage E. Ralph Godfrey, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Ronald & Amy Gilbert CALDWELL & KEARNS By: ' 7 11064-002/190695 James L. Goldsmith, Esquire Attorney I.D. No. 27115 Caldwell & Kearns, P.C. ! 1 ?` 3631 North Front Street Harrisburg, PA 17110 , . ` (717) 232-7661 1 = (717) 232-2766 (fax) jgoldsmith@CKLegal.net Attorneys for Homestead Group FRANK B. KRAMER, JR., and IN THE COURT OF COMMON PLEAS CRYSTAL L. KRAMER, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. :No. 2011- -7116-CV RONALD V. GILBERT, JR., AMY GILBERT, : Civil Action-Law HOMESTEAD GROUP, INC. and : Jury Trial Demanded RE/MAX 1 IT ADVANTAGE, Defendants NOTICE TO PLEAD TO: Frank Kramer, Jr. and Crystal Kramer c/o Rob Bleecher, Esq. PECHT & ASSOCIATES, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 RE/MAX 1st Advantage c/o Glen D. Kimball, Esq. & Thomas J. Gregory, Esq. O' CONNOR KIMBALL, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Ronald Gilbert, Jr. and Amy Gilbert c/o E. Ralph Godfrey, Esq. Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 YOU ARE HEREBY NOTIFIED that the New Matter and Cross Claims set forth herein contain averments against you to which you are required to respond within twenty (20) days after service thereof. Failure by you to do so may constitute an admission and judgment. Dated: June 25, 2012 By: ti?0 James . Goldsmith, Esq. Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@CKLegal.net tlee@CKLegal.net Counsel for Homestead Group, Inc. James L. Goldsmith, Esquire Attorney I.D. No. 27115 Thomas S. Lee, Esquire Attorney I.D. No. 89440 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 (fax) jgoldsmith@CKLegal.net tlee@CKLegal.net Attorney for Homestead Group FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD V. GILBERT, JR., AMY GILBERT, HOMESTEAD GROUP, INC. and RE/MAX 1sT ADVANTAGE, Defendants : No. 2011- -7116-CV Civil Action-Law Jury Trial Demanded DEFENDANT HOMESTEAD GROUP. INC.'S ANSWER WITH NEW MATTER AND CROSS CLAIMS TO PLAINTIFFS' COMPLAINT AND NOW, comes Defendant, Homestead Group, Inc. (hereinafter "Answering Defendant"), by and through its attorneys, Caldwell & Kearns, P.C., and serves the Answer with New Matter and Cross Claims to Plaintiffs' Complaint, and in support thereof avers as follows: Admitted in part. It is admitted that Frank B. Kramer, Jr. and Crystal L. Kramer are adult individuals. Answering Defendant is without knowledge or information sufficient as to form a belief as to the remainder of the averments of this Paragraph and the same are thereby denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Defendant Homestead and its agent, Knouse, were engaged as real estate licensees to provide licensed services as permitted by the Pennsylvania Real Estate Licensing and Registration Act ("RELRA"). The purpose of the engagement is as set forth in writing in the Listing Agreement. 7. Admitted in part. The said document speaks for itself and Plaintiffs characterizations are denied. Admitted in part. The said document speaks for itself and Plaintiffs characterizations are denied. 9. Admitted in part. The original of the document attached as the Agreement of Sale in the underlying transaction is a double-sided document. Plaintiffs did not attach to the Complaint a complete copy of the Agreement of Sale inclusive of both sides of each the page, therefore the attached copy is not a true and correct copy of the said document. 10. Admitted in part. The original of the document attached as the Agreement of Sale in the underlying transaction is a double-sided documents. Plaintiffs did not attach to the Complaint a complete copy of the Agreement of Sale inclusive of both sides of each the page, therefore the attached copy is not a true and correct copy of the said document. 11. Admitted in part. It is admitted that the Gilberts provided a Seller's Property Disclosure Statement. It is denied that a true and correct copy of the Disclosure Statement was attached to the Complaint served upon Answering Defendant. Rather, only five (5) pages of the Seller's Property Disclosure Statement was served and incorporated as part of the Complaint. 12. Denied. Plaintiffs determined to purchase the subject property in its then present condition and based upon their own inspection of the property or the inspection performed on 2 their behalf by others as is acknowledged by Plaintiffs in the Agreement of Sale at Paragraph 28. By way of further answer, Plaintiffs acknowledge at Paragraph 28 of the Agreement of Sale that Defendants Homestead Group, Inc. and Defendant Re/Max I 't Advantage did not make an independent examination or determination of the structural soundness of the subject property, the age or the condition of the components, the environmental conditions, the permitted uses, or existing conditions; nor had they made a mechanical inspection of any systems. Furthermore, Plaintiffs expressly acknowledge in the Agreement of Sale that they did not rely on any representations, claims, advertising, promotional activities, brochures or plans of any kind made by Answering Defendant unless expressly incorporated in the Agreement of Sale. 13. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 13 and the same are thereby denied. 14. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 14 and the same are thereby denied. 15. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 15 and the same are thereby denied. 16. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 16 and the same are thereby denied. 3 17. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 17 and the same are thereby denied. 18. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 18 and the same are thereby denied. 19. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 19 and the same are thereby denied. 20. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 20 and the same are thereby denied. 21. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 21 and the same are thereby denied. 22. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 22 and the same are thereby denied. 23. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 23 and the same are thereby denied. 24. Admitted. 4 25. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 25 and the same are thereby denied. 26. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 26 and the same are thereby denied. 27. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 27 and the same are thereby denied. 28. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 28 and the same are thereby denied. 29. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 29 and the same are thereby denied. 30. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 30 and the same are thereby denied. 31. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 31 and the same are thereby denied. 5 32. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 32 and the same are thereby denied. 33. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 33 and the same are thereby denied. 34. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 34 and the same are thereby denied. 35. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 35 and the same are thereby denied. 36. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 36 and the same are thereby denied. 37. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 37 and the same are thereby denied. 38. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 38 and the same are thereby denied. 6 39. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 39 and the same are thereby denied. 40. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 40 and the same are thereby denied. 41. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 41 and the same are thereby denied. 42. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 42 and the same are thereby denied. 43. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 43 and the same are thereby denied. 44. Denied. Ms. Knouse had no duty to inspect the subject property and did not do so. Rather, Ms. Knouse viewed the property for the purpose of determining a strategy for marketing the property for sale and not for the purpose of determining the condition of the property. Furthermore, Ms. Knouse did not observe the conditions of the property complained of, nor could she, in the exercise of the skill and care required by a real estate licensee who is not also a home inspector. Answering Defendant was not aware of the conditions complained of. 7 45. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truthfulness of the averments of Paragraph 45 and the same are thereby denied. 46. Denied. The averments of Paragraph 46 are legal conclusions and not allegations of fact. Further, Answering Defendant was not aware of the conditions complained of. COUNTI BREACH OF CONTRACT - AGREEMENT OF SALE 47. No answer required. 48.-52. The averments of Paragraphs 48 through 52 are directed to Defendants other than Answering Defendant. COUNT II BREACH OF FIDUCIARY DUTY 53. No answer required. 54.-60. The averments of Paragraphs 54 through 60 are directed to Defendants other than Answering Defendant. COUNT III BREACH OF FIDUCIARY DUTY 61. No answer required. 62.-69. The averments of Paragraphs 61 through 69 are directed to Defendants other than Answering Defendant. COUNT IV VIOLATION OF THE REAL ESTATE DISCLOSURE LAW 70. No answer required. 71.-76. The averments of Paragraphs 71 through 76 are directed to Defendants other than Answering Defendant. 8 COUNT V COMMON LAW FRAUD 77. No answer required. 78.-87. The averments of Paragraphs 78 through 87 are directed to Defendants other than Answering Defendant. COUNT VI FAILURE TO SUPERVISE 88. No answer required. 89. Denied. The averments of Paragraph 89 are conclusions of law and not allegations of fact, the same are thereby denied. To the extent that the allegation is deemed factual, it is believed and therefore averred that adequate supervision was provided. 90. Denied. The averments of Paragraph 90 are conclusions of law and not allegations of fact and answer is required. WHEREFORE, Answering Defendant demands judgment in its favor. COUNT VII COMMON LAW NEGLIGENCE-VICARIOUS LIABILITY 91. No answer required. 92.-96. The averments of Paragraphs 92 through 96 are directed to Defendants other than Answering Defendant. COUNT VIII VIOLATIONS OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 97. No answer required. 98. Denied. The averments of Paragraph 98 are legal conclusions and not allegations of fact. 9 99. Denied. The averments of Paragraph 99 are legal conclusions and not allegations of fact. 100. Denied. The averments of Paragraph 100 are legal conclusions and not allegations of fact. 101. Denied. The averments of Paragraph 101 are legal conclusions and not allegations of fact. 102. Denied. The averments of Paragraph 102 are legal conclusions and not allegations of fact. WHEREFORE, Answering Defendant demands judgment in its favor. NEW MATTER 103. Paragraphs 1 through 102 are incorporated herein by reference as though fully set forth below. 104. Plaintiffs were contributorily negligent. 105. Plaintiffs release Answering Defendant from liability for any defects or conditions on the property in Paragraph 27 of the Agreement of Sale. 106. Plaintiffs are barred by the gist of the action doctrine from proceeding in tort and from recovering noneconomic damages, including damages averred under the Unfair Trade Practices and Consumer Protection Law. 107. Plaintiffs did not rely on Answering Defendant with respect to an assessment of the property. 108. Plaintiffs waived the option to conduct property inspections, certifications and/or investigations and agreed to the release in Paragraph 11 of the Agreement of Sale. 10 109. Plaintiffs were advised in the Agreement of Sale that they were purchasing the property in its present condition and that it was important for them to determine the condition of the property by engaging inspectors and others on their behalf. 110. Plaintiffs were further advised in the FHA Purchase Agreement Addendum executed by them of the importance of determining for themselves the condition of the property by inspecting it and/or engaging the services of a professional home inspection service. 111. Answering Defendant had no knowledge of defects to the subject property now complained of. 112. By the terms of the Agreement of Sale, Plaintiffs did not rely on the representations of Answering Defendant when purchasing the subject property. 113. Plaintiffs are barred from introducing parol evidence inasmuch as they executed an integrated contract incorporating all prior representations and terms within it. 114. Plaintiffs' Complaint fails to set forth with particularity sufficient facts what section or sections of the Unfair Trade Practices and Consumer Protection Law (hereinafter "UTPCPL") Answering Defendant allegedly violated. 115. A claim for violation of the UTPCPL requires Plaintiffs to plead and prove the elements of fraudulent conduct or deceptive conduct. 116. A buyer of real estate cannot bring a UTPCPL claim against Answering Defendant since buyer purchased nothing from Answering Defendant. Schwarzwaelder v. Fox, 895 A2d. 614 (Pa. Super 2006). 117. No private cause of action pursuant to 73 P.S. § 201.9.2(a) under the UTPCPL exists against Answering Defendant. 11 118. Plaintiffs' Complaint fails to provide sufficient facts setting forth the fraudulent conduct by Answering Defendant. 119. Plaintiffs' Complaint fails to provide sufficient facts to set forth the deceptive conduct on behalf of Answering Defendant. WHEREFORE, Answering Defendant demands judgment in its favor. CROSS CLAIM Homestead Group, Inc. v. Re/Max 1St Advantage 120. Paragraphs 1 through 119 are incorporated herein by reference as though fully set forth below. 121. For the reasons set forth in Plaintiffs' Complaint are averred against Defendant Re/Max V t Advantage, Re/Max 1St Advantage is solely liable to Plaintiffs, and/or liable over to Answering Defendant WHEREFORE, Answering Defendant respectfully requests that Defendant Re/Max 1" Advantaged be found solely liable to Plaintiffs and/or liable over to Answering Defendant for damages proved, if at all, plus costs of suit. CROSS CLAIM Homestead Group, Inc. v. Ronald V. Gilbert, Jr. and Amy Gilbert 122. Paragraphs 1 through 121 are incorporated herein by reference as though fully set forth below. 123. For the reasons set forth in Plaintiffs Complaint averred against Defendants Ronald V. Gilbert, Jr. and Amy Gilbert, Ronald V. Gilbert, Jr. and Amy Gilbert are solely liable to Plaintiffs and/or liable over to Answering Defendant. 124. Defendant Homestead Group had no actual knowledge of material defects not disclosed to buyers and therefore is not liable for any violation of the Real Estate Seller 12 Disclosure Law. 68 Pa.C.S.A. § 7310. In the alternative, Defendants Robert V. Gilbert, Jr. and Amy Gilbert are liable to Plaintiffs for failing to disclose material defects that existed at the time sale that were known by said Defendants but not revealed go Plaintiffs in violation of common law obligations of disclosure and any violation of the Pennsylvania Real Estate Sellers Disclosure law. 125. Defendants Ronald V. Gilbert, Jr. and Amy Gilbert agreed to indemnify Answering Defendant in Paragraph 15(b) of the Listing Agreement. A true and correct copy of the Listing Agreement is attached hereto as Exhibit "A". WHEREFORE, Answering Defendant requests that Defendants Ronald V. Gilbert, Jr. and Amy Gilbert be found solely liable to Plaintiffs and/or liable over to Answering Defendant for damages proved, if at all, plus costs of suit. Dated: June 25, 2012 By: James L. Goldsmith, Esq. Attorney I.D. #27115 Thomas S. Lee, Esquire Attorney I.D. #89440 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 (717) 232-2766 Fax jgoldsmith@CKLegal.net tlee@CKLegal.net Counsel for Homestead Group, Inc. Respectfully submitted, CALDWELL & KEARNS :;I " I (>A-e-Q-- 13 ? ?. LISTING CONTRACT XLS EXCLUSIVE RIGHT TO SELL REAL ESTATE This form recommended and approved for, but not restricted to use by, the members of the Pennsylvania Association of REALTORS' (PAR). 1 BROKER (Company 2 1 HIENSER(S) r.? ??G 3 SELLER L%qL:-?'t,l?T J Q 4 Does Seller have a Listing Contract with another Broker? ? Yes 5 If yes, explain: 6 7 1 B 9 10 11 12 13 14 2 PROPERTY 2 LISTED PRICE $ _c0 !, C) Address 6p.--J Municipality (ci borou h, to nship) CountySchool District Zoning Present Use _ Identification (Tax ID #; Parcel #; Lot, Block; Deed Book, Page, Recording Date) STARTING & ENDING DATES OF LISTING CONTRACT (ALSO CALLED "TERM") 15 A. No Association of REALTORS' has set or recommended the tern of this contract. By law, the length or term of a listing con- 15 tract may not exceed one year. Broker and Seller have discussed and agreed upon the length or term of this Contract. 17 B. Starting Date: This Contract starts when signed by Broker and Seller, unless otherwi e s ted here: 18 C. Ending Date: This Contract ends on 19 3. DUALAGENCY 20 Seller agrees that Broker may also represent the buyer(s) of the Property. The Broker is a DUAL AGENT when representing both 21 Seller and the buyer in the sale of a property. 22 4. DESIGNATED AGENCY 23 of Applicable. 24 Applicable. Broker may designate licensees to represent the separate interests of Seller and the buyer. Licensee (identified 25 above) is the Designated Agent, who will act exclusively as the Seller Agent. If Property is introduced to the buyer by a licensee 26 in the Company who is not representing the buyer, then that licensee is authorized to work on behalf of Seller. If Licensee is also 27 the Buyer's Agent, then Licensee is a DUAL AGENT. 28 5. BROKER'S FEE 29 No Association of REALTORS® has set or recommended the Broker's Fee. Brokoer and Seller have negotiated the fee that Seller will 30 pay Broker. Broker's Fee is % of the sales price AND $ - 7,,J , paid by Seller. 31 6. COOPERATION WITH OT ER BROKERS 32 Licensee has explained Broker's company policies about cooperating with other brokers. Broker and Seller agree that Broker will pay 33 from Broker's Fee a fee to another broker who procures the buyer, is a member of a Multiple Listing Service (MLS), and who: 34 A. ? represents Seller (SUBAGENT). Broker will pay of/from the sale price. 35 B. represents the buyer (BUYER'S AGENT). Broker will pay of/from the sale price. 38 A Buyer's Agent, even if compensated by Broker for Seller, will represent the interests of the buyer. 37 C. ? does not represent either Seller or a buyer (TRANSACTION LICENSEE). 38 Broker will pay of/from the sale price. 39 7. PAYMENT OF BROKER'S FEE 40 A. Seller will pay Broker's Fee if Property, or any ownership interest in it, is sold or exchanged during the term of this 41 Contract by Broker, Broker's salespersons, Seller, or by any other person or broker, at the listed price or any price accept- 42 able to Seller. 43 B. Seller will pay Broker's Fee if a ready, willing, and able buyer is found by Broker or by anyone, including Seller. A willing buyer 44 is one who will pay the listed price or more for the Property, or one who has submitted an offer accepted by Seller. 45 C. Seller will pay Broker's Fee if negotiations that are pending at the Ending Date of this Contract result in a sale. 45 D. Seller will pay Broker's Fee for a sale !t occurs fter the Ending Date of this Contract IF: 47 (1) The sale occurs within of the Ending Date, AND 40 (2) The buyer was shown or negotiated to buy the Pro erty during the term of this contract, AND 49 (3) The Property is not listed under an "exclusive right to sell contract" with another- broker at the time of the sale, 50 E. If a buyer signs an agreement of sale then refuses to buy the Property, or if a buyer is unable to buy the Property because of fail- 51 ing to he things required of the buyer in the agreement of sale (buyer default), Seller will pay Broker 52 `rj all -the of/from buyer's deposit monies, OR the Broker's Fee in Paragraph 5, whichever is less. 53 F. If the Property or any part of it is taken by any government for public use (Eminent Domain), Seller will pay Broker's Fee from 54 any money paid by the government. 55 G. If a sale occurs, Broker's Fee will be paid upon delivery of the deed or other evidence of transfer of title or interest. If the Property ss is transferred by an installment contract, Broker's Fee will be paid upon the execution of the installment contract. XLS Page 1 of 4 COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS® 2007 ?/, Pennsylvania Association of REALTORS 6,07 ANY' CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY s 8. DUTIES OIL BROILER AND SELLER 511 A. Broker is acting as a Seller's Agent, as described in the Consumer Notice, to market the Property and to negotiate with poten- FA tial bavers. Broker will use reasonable efforts to find a buyer for the Property. so B. Seller will cooperate with Broker and assist in the sale of the Property as asked by Broker. 141 C. All showings, negotiations and discussions about the sale of the Property will be done by Broker on Seller's behalf. All written 62 or oral inquiries that Seller receives or learns about regarding the Property, regardless of the source, will be referred to Broker. ar D. if the Property, or any part of it, is rented, Seller will give any leases to Broker before signing this Contract. If any leases are aA oral, Seller will provide a written summary of the terms, including amount of rent, ending date, and Tenant's responsibilities. a, E. Seller will not enter into or renew any leases during the term of this Contract without first giving notice to Broker. ar 9. BROKER'S SERVICE TO BUYER 67 Broker may provide services to a buyer- for which Broker may accept a fee. Such services may include, but are not limited to: U deed/document preparation; ordering certifications required for closing; financial services; title transfer and preparation services; aB ordering, insurance, construction, repair, or inspection services. Broker will disclose to Seller if any fees are to be paid by Buyer. 70 10. BROKER NOT RESPONSIBLE FOR DAMAGES 71, Seller agrees that Broker and Broker's salespersons are not responsible for any damage to the Property or any loss or theft of per- 72 sonal goods.from the Property unless such damage, loss or theft is directly caused by Broker or Broker's salespersons. 73 11. DEPOSIT MONEY 74 A. Broker; or any person Seller and the buyer name in the agreement of sale, will keep all deposit monies paid by or for the buyer 75 in an escrow account until the sale is completed or the agreement of sale is terminated. If held by Broker, this escrow account 7c will be held as required by real estate licensing laws and regulations. Seller agrees that the person keeping the deposit monies 77 may wait to deposit any uncashed check that is received as deposit money until Seller has.accepted an offer. 7E B. If Seller joins Broker or Licensee in a lawsuit for the return of deposit monies, Seller will pay Broker's and Licensee's attor- 79 neys' fees and costs. an 12. O'T'HER PROPERTIES 81 Seller agrees that Broker may list other properties for sale and that Broker may show other properties to prospective buyers. 82 13. CONFLICT OF INTEREST W, A conflict of interest is when Broker or Licensee has a financial or personal interest where Broker or Licensee cannot put Seller's a4 interests before any other. If Broker, Licensee, or any of Broker's salespeople has a conflict of interest, Broker will.notify Seller in 05 a timely manner. ss 14. PUBLICATION OF SALE PRICE 07 Seller is aware that the Multiple Listing Service (MLS), newspapers, and other media may publish the final sale price of the 80 Property after settlement. 8" 15. SELLER WILL REVEAL DEFECTS & ENVIRONMENTAL HAZARDS st, A. Seller (including Sellers exempt from the Real Estate Seller Disclosure Law) will disclose all known material defects and/or 011 environmental hazards on:a separate disclosure statement. A material defect is a problem or condition that: sa (1) is a possible danger to those living on the Property, or 02. (2) has a significant, adverse effect on the value of the Property. 44 The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a struc- 9s tural element, system or subsystem is not by itself a material defect. 96 B. If Seller fails to disclose known material defects and/or environmental hazards: 97 (1) Seller will not hold Broker or Licensee responsible in any way; 98 (2) Seller will protect Broker and Licensee from any claims, lawsuits, and actions that result; 911, (3) Seller will pay all of Broker's and Licensee's costs that result. This includes attorneys' fees and court-ordered payments 100 or settlements (money Broker or Licensee pays to end a lawsuit or claim). 101 16. Ilf' PROPERTY WAS BUILT BEFORE 1978 102 The Residential Lead-Based Paint Hazard Reduction Act says that any seller of property built before 1978 must give the buyer an 1014 EPA pamphlet titled Protect Your Family From Lead in Your Home. The seller also must tell the buyer and the broker what the sell- 104 er knows about lead-based paint and lead-based paint hazards that are in or on the property being sold. Seller must tell the buyer 101, how the seller lutows that lead-based paint and lead-based paint hazards are on the property, where the lead-based paint and lead- 1V based paint hazards are, the condition of the painted surfaces, and any other information seller knows about lead-based paint and 107 lead-based paint hazards on the property. Any seller of a pre-1978 structure must also give the buyer any records and reports that 1011, the seller has or can get about lead-based paint or lead-based paint hazards in or around the property being sold, the common areas, 1W or other dwellings in multi-family housing. According to the Act, a seller must give a buyer 10 days (unless seller and the buyer 110 agree to a different period of time) from the time an agreement of sale is signed to have a "risk assessment" or inspection for pos- sible lead-based paint hazards done on the property. Buyers may choose not to have the risk assessment or inspection for lead paint 0 hazards done. If the buyer chooses not to have the assessment or inspection, the buyer must inform the seller in writing of the 11.+ choice. The Act does not require the seller to inspect for lead paint hazards or to correct lead paint hazards on the property. The Act 114 does not apply to housing built in 1978 or later. v1 c n.,,,,. I of A ANY CHANGES TO THIS PAGE MUST BE MADE AND INITIALED ON EACH COPY 115 17. RECOVERY FUND 116 Pennsylvania has a Real Estate Recovery Fund (the Fund) to repay any person who has received a final court ruling (civil 117 judgment) against a Pennsylvania real estate licensee because of fraud, misrepresentation, or deceit in a real estate transac- 118 tion. The Fund repays persons who have not been able to collect the judgment after trying all lawful ways to do so. For com- 119 plete details about the Fund, call (717) 783-3658, or (800) 822-2113 (within Pennsylvania) and (717) 783-4854 (outside 120 Pennsylvania). 121 18. NOTICE TO PERSONS OFFERING TO SELL OR RENT HOUSING IN PENNSYLVANIA 122 Federal and state laws make it illegal for a seller, a broker, or anyone to use RACE, COLOR, RELIGION or RELIGIOUS 123 CREED, SEX, DISABILITY (physical or mental), FAMILIAL STATUS (children under 18 years of age), AGE (40 or older), 124 NATIONAL ORIGIN, USE OR HANDLING/TRAINING OF SUPPORT OR GUIDE ANIMALS, or the FACT OF RELA- 125 TIONSHIP OR ASSOCIATION TO AN INDIVIDUAL KNOWN' TO HAVE A DISABILITY as reasons for refusing to sell, 126 show, or rent properties, loan money, or set deposit amounts, or as reasons for any decision relating to the sale of property. 127 19. ADDITIONAL OFFERS 120 Unless prohibited by Seller, if Broker is asked by a buyer or cooperating broker about the existence of other offers on the 129 Property, Broker will reveal the existence of other offers and whether they were obtained by the Licensee identified in this 130 Contract, by another Licensee working with Broker, or by a cooperating Broker. ONCE SELLER ENTERS INTO AN 131 AGREEMENT OF SALE, BROKER IS NOT REQUIRED TO PRESENT OTHER OFFERS. 132 20. TRANSFER OF THIS CONTRACT 133 A. Broker will notify Seller immediately in writing if Broker transfers this Contract to another broker when: 934 (1) Broker stops doing business, OR 135 (2) Broker forms a new real estate business, OR 136 (3) Broker joins his business with another. 137 Seller agrees that Broker may transfer this Contract to another broker. Broker will notify Seller immediately in writing 136 when a transfer occurs or Broker will lose the right to transfer this Contract. Seller will follow all requirements of this 135 Contract with the nevi, broker. 140 B. Should Seller give or transfer the Property, or an ownership interest in it, to anyone during the term of this Contract, all 141 owners will follow the requirements of this Contract. 142 21. NO OTHER CONTRACTS 143 Seller will not enter into another listing contract with another broker that begins before the Ending Date of this Contract. 144 22. ENTIRE CONTRACT 145 This Contract is the entire agreement between Broker and Seller. Any verbal or written agreements that were made before 146 are not a part of this Contract. 147 23. CHANGES TO THIS CONTRACT 148 All changes to this Contract must be in writing and signed by Broker and Seller. 149 24. SPECIAL INSTRUCTIONS 15o The Office of the Attorney General has not pre-approved any special conditions or additional terms added by any parties. Any 151 special conditions or additional terms in this Contract must comply with the Pennsylvania Plain Language Consumer 152 Contract Act. 153 25. COPYRIGHT 154 In consideration of Broker's efforts to market Seller's Property as stated in this Contract, Seller grants Broker a non-exclu- 155 sive, world-wide license (the "License") to use any potentially copyrightable materials (the "Materials") which are related to 156 the Property and provided by Seller to Broker or Broker's representative(s). The Materials may include, but are not limited 157 to: photographs, images, video recordings, virtual tours, drawings, written descriptions, remarks, and pricing information 156 related to Seller's Property. This License permits Broker to submit the Materials to one or more multiple listing services, to 159 include the Materials in compilations of property listings, and to otherwise distribute, publicly display, reproduce, publish and 160 produce derivative works from the Materials for any purpose that does not conflict with the express terms of this Contract. 161 The License may not be revoked by Seller and shall survive the ending of this Contract. Seller also grants Broker the right 162 to sublicense to others any of these rights granted to Broker by Seller. Seller represents and warrants to Broker that the 163 License granted to Broker for the Materials does not violate or infringe upon the rights, including any copyrights, of any per. 164 son or entity. Seller understands that the terms of the License do not grant Seller any legal right to any works that Broker 165 may produce using the Materials. XLS Page 3 of 4 ....• ..i. ??.,.uyy,t?v Vl' 111VI L'I\1Y 1 167 A. Will 1e permitted, Broker, at Broker's option, may use: C??r sale sign Sold sign ? Key in office Lock box Ise );Mt /e ctronic advertising, including photographs ??/?"`Property address in print/electronic advertising. 169 B. Broker will/0 will not use a Multiple Listing Service (AILS) to advertise the Property to other real estate brokers ers and salespersons. 176 Seller agrees at Broker, Licensee, and the MLS are not responsible for mistakes in the MLS and/or advertising of the Property. 171 27. ITEMS INCLUDED/NOT INCLUDED IN THE PRICE OF THE PROPERTY 172 A. INCLUDED in the sale are all existing items permanently installed in the Property, free of liens, including plumbing; heating; 173 lighting fixtures (including chandeliers and ceiling fans); water treatment systems; pool and spa equipment; garage door openers 174 and transmitters; television antennas; unpotted shrubbery, plantings, and trees; any remaining heating and cooking fuels stored 175 on the Property at the time of settlement; sump pumps; storage sheds; mailboxes; wall to wall carpeting; existing window 176 screens; storm windows and screen/storm doors; window covering hardware, shades and blinds; built-in air conditioners; built- 177 in appliances; and the range/oven, unless otherwise stated. Also included: 176 179 B. LEASED items (not owned by seller): 160 161 C. EXCLUDED fixtures and items: ADDITIONAL INFORMATION (OPTIONAL) TITLE & POSSESSION A. Seller will give possession of Property to a buyer at settlement, or on B. At settlement, Seller will give full rights of ownership (fee simple) to a buyer except as follows: (1) Mineral Rights Agreements: (2) Other: C. Seller has: ? Mortgage with: Amount of balance $ Address: Phone: ? Equity Loan with: Acct. #: Amount of balance $ Address: Phone: ? Seller authorizes Broker to receive mortgage payoff and/or equity loan payoff information from tl rider(s). D. Seller has: ? Judgments ? Municipal Assessment ? Past Due Taxes ? Other: E. If Seller, at any time on or since January 1, 1998, has been obligated to pay support under an order on record in any county, list the county and the Domestic Relations Number or Docket Number: TAXES, UTILITIES, & ASSOCIATION FEES A. At settlement, Seller will pay one-half of the total Real Estate Transfer Taxes, unless otherwise stated here: B 209 C Real Estate Property Tax Assessment $ Wage/Income Tax $ Estimated Utilities (trash, water, sewer, electric, gas, oil, etc.): Yearly Taxes $ Per Capita Tax $ 1D. Association Fees $ Include: BUYER FINANCING Seller will accept the following arrangements for buyer to pay for the Property: ? Cash ? Conventional mortgage ? FHA mortgage ? Seller's help to buyer (if any): ? VA mortgage Seller has read th P. C'nneavmar iVn1-- .. -j--A L_. - - ---- -, ?Latu LCal LsraLe k-ommtsston at 49 Pa. Code §35.336. 270 Seller gives permission for Broker to send information about this transaction to the fax number(s) and/or e-mail address(es) listed below. '.11 Seller has read the entire Contract before signing. All Sellers must sign this Contract. 12 Return by facsimile (FAX) constitutes acceptance of this Contract. '13 NOTICE BEFORE SIGNING: IF SELLER HAS LEGAL QUESTIONS, SELLER IS ADVISED TO CONSULT AN ATTORNEY. 14 SELLER'S MAILING ADDRESS: 15 16 PHONE: FAX: E-MAIL: 17 SELLER DATE ?fTD? 18 SELLER DATE 19 SELLER •0 BROKER (Company Name) ?= c e' ACCEPTED BY ? D E YTQP? A,r I VERIFICATION I, Linda Melham, on behalf of Homestead Group, Inc., verify that the averments of this Answer with New Matter and Cross Claims to Plaintiffs' Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date" Lin Melham on beh f of Homestead Group, Inc. CERTIFICATE OF SERVICE AND NOW, this 25th day of June, 2012, the undersigned hereby certifies that the foregoing Answer with New Matter and Cross Claims to Plaintiffs' Complaint was served upon the party by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Rob Bleecher, Esquire PECHT & ASSOCIATES, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Counsel for Frank and Crystal Kramer Glen D. Kimball, Esquire and Thomas J. Gregory, Esquire O'CONNOR KIMBALL, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Counsel for Re/Max 1 S` Advantage E. Ralph Godfrey, Esquire Cipriani & Werner 1011 Mumma Road, Suite 201 Lemoyne, PA 17043-1145 Counsel for Ronald & Amy Gilbert CALDWELL & KEARNS By: 11064-002/190696 15 O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 r ILE D-G }' ICE -HE PROTHONOTAR'f 2012 JUL 12 PM ! ? 32 wU PENNSY4 Wewax ey or Defendant, 1St Advantage (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX 1St ADVANTAGE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-7116 ANSWER OF DEFENDANT, RE/MAX ls'ADVANTAGE, TO NEW MATTER OF DEFENDANT, HOMESTEAD GROUP, INC COMES NOW, answering defendant, ReMax 1St Advantage, by and through its undersi O'Connor Kimball LLP, and as and for its Answer to New Matter Crossclaim of Defendant, Group, Inc. (hereinafter "Homestead"), in the above-captioned matter, state as follows: 120. Answering defendant incorporates by reference its responses to all pleadings in together with all referenced documents, as if fully set forth herein in their entirety. 121. Denied. The allegations of the corresponding paragraphs of Homestead's cro conclusions of law, which are deemed denied under the Pennsylvania Rules of Civil Procedure no response is required. Strict proof thereof is demanded at the time of trial. WHEREFORE, answering defendant demands judgment in its favor and against defendant, Homestead Group, Inc. O'CONl KIMBALL LLP By: 1? P" Thomas J. G gory, squire ??? I x ?\ Dated: Attorneyfor Defen nt, ReMax 1S` Advantage counsel, action, contain to which O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX 1St ADVANTAGE Attorney for Defendant, ReMax I" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2011-7116 VERIFICATION I, Thomas J. Gregory, Esquire, on behalf of ReMax 1St Advantage, a named defendant in captioned matter, being duly sworn according to law, depose and say that I verify that the statemer the foregoing Answer of Defendant, ReMax 1St Advantage, to New Matter Crossclaims of Homestead Group, Inc., are true and correct to the best of my knowledge, information and belief. I that the statements contained therein are made subject to the penalties of 18 Pa. C.S.A. §4904 unsworn falsification to authorities. O'CONNQR KIMBALL LLP By: "/' '- 47homas J. Gr o Esquire Attorney for Defen nt, ReMax 1 S` Advantage Dated: above- made in to O'CONNOR KIMBALL LLP By: Thomas J. Gregory, Esquire Attorney I.D. No. 38104 Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 (215) 564-0400 Facsimile: (215) 564-1973 Email: tgregory@okllp.com Our File No. 992-0487 FRANK B. KRAMER, JR., and CRYSTAL L. KRAMER V. RONALD V. GILBERT, JR., and AMY GILBERT, HOMESTEAD GROUP, INC., and RE/MAX I" ADVANTAGE Attorney for Defendant, Re/Max I" Advantage COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS CIVIL ACTION NO. 2011-7116 CERTIFICATE OF SERVICE I, Thomas J. Gregory, Esquire, hereby certify that I caused a true and correct copy of the to New Matter Crossclaim of Defendant, Homestead Group, Inc., to be served on this day of Ju U.S. First Class Mail, postage prepaid, upon the following: Rob Bleecher, Esquire Pecht & Associates, P.C. 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4894 Attorney for Plaintiffs E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Attorney for Defendant Ronald and Amy Gilbert James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Attorney for Defendant, Homestead Group, Inc. WCONIW )t KIUVALL LLP By: Thomas J(Cregtn , Esquire Attorney for De dan t, ReMax 1 S` Advantage .VANIA Answer 2012, via IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR., AMY GILBERT, HOMESTAED GROUP, INC and RE/MAX 1 IT ADVANTAGE, CASE NO: 2011-7116 rnw rn L+ c= ri' r-, ?,? -- rY C' JURY TRIAL DEMANDED r?-z cs? ?' < 2© -o C,_ .r- Defendants TS, RONALD V. GILBERT, JR. AND AMY GILBERT'S REPLY MATTER CROSSCLAIMS OF HOMESTEAD GROUP INC. Defendants, Ronald V. Gilbert., Jr. and Amy Gilbert ("Defendants"), by and through counsel, Cipriani & Werner, P.C., hereby respond to Defendant, Homestead Group, Inc.'s N Matter Crossclaim as follows: CROSS CLAIM Home Group, Inc. v. Re/max 1" Advantap-e 120. This paragraph is an incorporation paragraph to which no response is required. Answering Defendants incorporate by reference their responses to all pleadings in this action, together with all referenced documents, as if fully set forth herein in their entirety. 121. The averments of this Paragraph are directed to a Defendant other than Defendants. CROSS CLAIM Home Group, Inc. v. Ronald V. Gilbert, Jr and Amv Gilbert 122. This paragraph is an incorporation paragraph to which no response is Answering Defendants incorporate by reference their responses to all pleadings in this together with all referenced documents, as if fully set forth herein in their entirety. 123. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required. Said Paragraph is deemed denied under the Pennsylvania Rules of Civil Procedure and no response is required. 124. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required. Said Paragraph is deemed denied under the Pennsylvania Rul of Civil Procedure and no response is required. 125. Denied. The allegations contained in this paragraph are conclusions of law to which no response is required. Said Paragraph is deemed denied under the Pennsylvania of Civil Procedure and no response is required. Furthermore, the Listing Agreement attached Exhibit "A" is a written document that speaks for itself. WHEREFORE, Answering Defendants, Ronald V. Gilbert, Jr., and Amy Gilbert, judgment in their favor on the claims asserted herein, together with costs and such other relief the Court deems equitable and just. & WERAER, P.C. / 13;y Ra&G6y, quire Atto 052 1011 , Suite 2 1 Lemoyne, PA 17043 (717) 975-9600 Attorneys for Defendants, Ronald V. Gilbert, Jr. and Amy Gilbert Dated: (3 CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certify that a true and correct copy of Defendants, Ronald V. Gilbert, Jr, and Amy Gilbert's Reply to New Matter Crossclaim of Defendant, Re/Max 1 st Advantage was mailed to all counsel of record, by first class mail, postage pre-paid according to the Pennsylvania Rules of Civil Procedure, on the 3 day of 2012: Robert Bleecher, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 By ,t Rob Bleecher, Esquire Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 717-691-9809 `t 0-OFFICE U r.: THE PROTHONOTARY 2012 JUL 18 AM 11: 0 7 CUMBERLANO COUNTY PENNSYLVANIA FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, Plaintiffs V. RONALD V. GILBERT, JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV. : CIVIL ACTION - LAW : NO. 2011-7116 PLAINTIFFS' RESPONSE TO NEW MATTER OF DEFENDANT HOMESTEAD GROUP INC AND NOW, this f3 '`7 day of July, 2012, comes the Plaintiffs, by and through their counsel Pecht & Associates, PC, and respond the Defendant Homestead Group Inc.'s New Matter as follows: 103. No response required. 104. This averment is a conclusion of law to which no response is required. 105. This averment is a conclusion of law to which no response is required. 106. This averment is a conclusion of law to which no response is required. 107. Denied in part, admitted in part. It is admitted that Plaintiffs did not reply on Defendant Homestead Group Inc. (hereinafter "Defendant Homestead") with respect to assessment of the property. It is denied that Defendant Homestead did not participate in failure to disclose material defects with the property. i 108. Admitted. 109. The document speaks for itself. 110. The document speaks for itself. 111. After reasonable investigation, Plaintiffs are without knowledge or sufficient to form a belief as to the truthfulness of the averment in Paragraph 111 and as they are denied. 112. The document speaks for itself. 113. This averment is a conclusion of law to which no response is required. 114. This averment is a conclusion of law to which no response is required. 115. This averment is a conclusion of law to which no response is required. 116. This averment is a conclusion of law to which no response is required. 117. This averment is a conclusion of law to which no response is required. 118. This averment is a conclusion of law to which no response is required. 119. This averment is a conclusion of law to which no response is required. WHEREFORE, Plaintiffs requests this Honorable Court to provide judgment in its fa Date: July, 2012 Rob Blee squire Attorney I.D. No. 32594 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9809 Attorneys for Plaintiffs 2 VERIFICATION I, Frank B. Kramer, Jr., the Plaintiff herein, state that the averments contained in ?i document are true to the best of my knowledge, information and belief. Further, I am aware any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities. Dated: -7 - 13 -12- Frank B: Kramer, Jr. VERIFICATION I, Crystal L. Kramer, the Plaintiff herein, state that the averments contained in document are true to the best of my knowledge, information and belief. Further, I am aware any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section relating to unsworn falsification to authorities. Dated: 7 - /3-/2-, CA- Crystal Kramer CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiff, hereby certify that I have served foregoing document this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Dated: July , 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL CASE NUMBER: 11-'~ 116 I.. KRAMER, ISSUE NUMBER: Plaintiffs v. RONALD V. GILBERT, JR. and A/~MiY l:TT Re TZT ~,nt~ I-T(11~/(FCTR.~?l C~'rRllT lp INC., and RE/MAX I st ADVANTAGE, Defendants PLEADING: CERTIFICATE PREREQUISITE TO fiET2VICF. nF A Si1I3POF,NA CODE AND CLASSIFIf~'ATION: r FILED ON BF,IIALF OF: RONALD V. CiILBCRI', JR. and AMY GILBERT, Defendants. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRI; Pa. ID# 7705? CIPRIANI & WERNER:, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 (7 i ~) y i5-~~6uu IN rhHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. KRAMER, CASE NO: 11-7116 Plaintiffs v. RONALD V. GILBERT, JR. and AMY GILBERT and HOMESTEAD GROUP, INC.. and RE!MAX 1st ADVANTAGE, Defendants CERTIFICATE PREREQUISITE TO SER\~ICE OF SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoena for documents and things pursuant to Rule 4009.22, Defendants, by and through their attorneys, certifies that: (l } A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior t~ the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objections to the subpoena have been received, and (4j the subpoena which will be served is identical to the subpoena whicLi is ~itlached to the notice of intent to serve the subpoena. CIPRIANI & WERNER, P.C. B~: LP 10D oiinsel fort D A JURY TRIAL IS DEMANDED RONALD V. GII ESQUIRE ,~....,, T, JR. and AMY (rl[,BF,RT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION FRANK B. K:RAMER, JR. and CRYSTAL L. KRAMER_, Plaintiffs v. RONALD V. GILBERT, JR. and AMY GILBERT and HOMESTEAD GROUP, INC., and RE/MAX 1st ADVANTAGE, Defendants CASE NUMBER: 11-7116 ISSUE NUMBER: PLEADING: NOTICE OF INTENT TO SERVE SUBPOENAS CODE AND CLASSIFICATION: FILED ON BEHALF OF: RONALD V. GILBERT, J]EZ. and AMY GILBERT, Defendants. COUNSEL OF RECORD: E. RALPH GODFREY, ESQUIRE Pa. ID# 77052 CIPRIANI & WERNER, P,C. 1011 Mumma Road, Suite :?O1 Lemoyne, PA 17043 (717)975-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COV'~'.VTY, PENNSYLVANIA. CIVIL DIVISION FRANK B. K:RAMER, JR. and CRYSTAL L. K:R.AMER, Plaintiffs v. RONALD V. GILBERT, JR. and AMY GILBERT and HOMESTEAD GROUP, INC., and REIMAX 1st .ADVANTAGE, Defendants CASE NO: 11-711E+ JURY 'TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Defendants intend to serve subpoenas identical to the ones that arf: attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned objection to the subpoenas. If no objection is made, the subpoenas may be served. Date: ~ ~~;; i l ~- Respectfully submitted, CIP~IANI & RNER, P.C. ~---, 1 ~ ~ ~p _~ ! P GODFREY, ES ~ Counsel r the Defen RONALD D T, JR. and AMY GILBERT C,..1vIlVIONWEALTH OF PENNSYLVANt~~ COUNTY OF CUMBERLAND FRANK B. KRA.MER, JR. and CRYSTAL L. KRAMER, Plaintiffs v. RONALD V. GILBERT, JR. and AMY GILBERT and HOMESTEAD GROUP, INC., and RE/MAX 1st ADVANTAGE, Defendants CASE NO: 11-7116 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Records Custodian, Erie Insurance Exchange, P.O. Box 1699, Eriie, PA 16530 Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: A complete copy of any and all records, inspection reports, insurance claims, investigation reports, claim files, appraisal reports, damage reports, and correspondence regarding Frank B. Kramer, Jr. and Crystal L. Kramer pursuant the homeowners insurance policy issued to them fi>r the property located at 6320 Chesterfield Lane, Mechanicsburg, Pa. at: Cipriani & Werner,1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. -- ----- If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: E. Ralph Godfrey, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, F'A 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID ~` 77052 ATTORNEY FOR: Defendants BY THE COURT: Date: Seal of the Court Prothonotary, Civil Division Deputy C(,~.iMONWEALTH OF PENN5YLVAN~. COUNTY OF CUMBERLAND FRANK B. K:RAMER, JR. and CRYSTAL L. K.RAIviER, CASE NO: 11-7116 Plaintiffs v. RONALD V. GILBERT, JR. and AMY GILBERT and HOMESTEAD GROUP, INC., and RE/MAX l st ADVANTAGE, Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Township Manager, Keith Metts, Hampton Township Fire Department, 230 South Sporting Hill Road, Mechanicsburg, PA 17050 Within twenty (20) days after the service of this subpoena, you are ordered by the Court to produce the following documents or things: A complete copy of any and all records, inspection reports, documents, investigation reports, statements, pictures, damage reports, correspondence, recorded statements and any and all other materials and documents for the property located at 6320 Chesterfield Lane, Mechanicsburg, Pa. owned by Frank B. Kramer, Jr. and Crystal L. Kramer. at: Cipriani & Werner,1011 Mumma Road, Suite 201, Lemoyne, PA 17043 You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address --~is~d a ve. - ou---have~e ~ c~seel~adrarice a reasonab el--c~i~~ prelsarr g 1-re comes--or-=-=°__- producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA. WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: E. Ralph Godfrey, Esquire ADDRESS: 1011 Mumma Road, Suite 201, Lemoyne, PA 17043 TELEPHONE: (717) 975-9600 SUPREME COURT ID # 77052 ATTORNEY FOR: Defendants BY THE COURT: Prothonotary, Civil Division Date: _ _ Seal of the Court Deputy CERTIFICATE OF SERVICE That counsel for the Defendants, RONALD V. GILBERT, JIZ. and AMY GILBERT, hereby certifies that a true and correct copy of its NOTICE OF INTENT TO SERVE SUBPOENAS has been served on ail counsel of record, by first class mail, ostage pre-paid, acco ', g to the Pennsylvania Rules of Civil Procedure, on 11~e ~ '~` __ day of ~~ p ~ti.~-G~--~ , 2012. Rob Bleecher, Esquire, Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 James Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110-1533 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 Respectfully submitted, CIPRIANI & WERNER, P.C. _. . RALPH' DF EY, E DIRE Counsel for the Defendants,-~ RONALD V. GILBERT, JR. and AMY GILBERT CERTIFICATE OF SERVICE That counsel for the Defendants, RONALD V. GILBERT, .IR. and AMY GILBERT, hereby certifies that a true and correct copy of its CERTIFICATE PREREQUISITE "10 SERVICE OF A SUBPOENA has been served on all counsel of record, by first class mail, postage pre-paid, according to the Pennsylvania Rules of Civil Procedure, on the _,~~ ~_!_-day of _ _~ ___ , 2012. Robert Bleecher, Esquire Pecht & Associates., PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 1.7055 James L. Goldsmith, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 171.10 Glen D. Kimball, Esquire O'Connor Kimball, LL,P Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 Respectfully submitted, CIPRIANI & WERNER, P.C. ~~ BY: ~- _ E. H G DFR ,Y, E,SQUI Counsel for the Defeo . , RONALD V. GILBERT, JR. and AM Y trIL,BERT F Rob Bleecher,Esquire qj THE PROT��G��OTAR`; Attorney I.D.No. 32594 Pecht&Associates,PC 2013 MAY 13 FM 0: 3S 1205 Manor Drive, Suite 200 Mechanicsburg,PA 17055 CUMBERLAND COUNTY 717-691-9809 PENNSYLVANIA FRANK B. KRAMER, JR. and : IN THE COURT OF COMMON PLEAS CRYSTAL L. KRAMER, : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs V. : CIVIL ACTION - LAW : NO. 2011-7116 RONALD V. GILBERT,JR. and AMY GILBERT, and HOMESTEAD GROUP INC., and RE/MAX 1sT ADVANTAGE, Defendants PRAECIPE TO DISCONTINUE Please discontinue the above-captioned action with prejudice as to all Defendants pursuant to Pa.R.C.P.No. 229. Respectfully submitted, PECHT & IATES, PC Dated: May 10, 2013 By: Ro B cher, Esquire Attorney I.D. No. 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9809 Attorney for Plaintiffs i CERTIFICATE OF SERVICE I, Rob Bleecher, Esquire, the attorney for Plaintiffs, hereby certify that I have served the foregoing Praecipe to Discontinue this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: E. Ralph Godfrey, Esquire Cipriani & Werner, P.C. 1011 Mumma Road, Suite 201 Lemoyne, PA 17043 James L. Goldsmith, Esquire Thomas S. Lee, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Glen D. Kimball, Esquire Thomas J. Gregory, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Boulevard Philadelphia, PA 19102 Dated: May 10, 2013 By: Euire Ro eecher, sq F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION C=' 7" tra FRANK B. KRAMER, JR. and CRYSTAL L. ) CASE NO: 2011-7116 w C.... ,`'' - : KRAMER, � Zr 70 CD Plaintiffs c-a - v. ) JURY TRIAL DEMANDED -=_ rf RONALD V. GILBERT, JR.,AMY GILBERT, HOMESTEAD GROUP, INC. ) and RE/MAX 1sT ADVANTAGE, ) Defendants ) PRAECIPE TO SETTLE, DISCONTINUE AND END ALL CROSS-CLAIMS TO THE PROTHONOTARY: Please mark all cross claims filed by all Defendants as being settled, discontinued, and ended. CALDWELL &KEARNS, P.C. CIPRIANI & WERNER, P.C. J mes L. oldsm' h,Esquire FE. Ralph Go frey, Esqui Counsel f •Def dant, Homestead nsel for Defendants, nald and Group, Inc. Gilbert and A y Gilbert Date: Date:G O'CONNOR KIMBALL, LLP Glen D. Kimball, Esquire Counsel for Re/Max 1St Advantage Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FRANK B. KRAMER, JR. and CRYSTAL L. ) CASE NO: 2011-7116 KRAMER, ) Plaintiffs ) V. ) JURY TRIAL DEMANDED RONALD V. GILBERT, JR., AMY ) GILBERT, HOMESTEAD GROUP, INC. ) and RE/MAX 1sT ADVANTAGE, ) Defendants ) PRAECIPE TO SETTLE,DISCONTINUE AND END ALL CROSS-CLAIMS TO THE PROTHONOTARY: Please mark all cross claims filed by all Defendants as being settled, discontinued, and ended. CALDWELL & KEARNS, P.C. CIPRIANI &.WERNER, P.C. James L. Goldsmith, Esquire E. Ralph Godfrey, Esquire Counsel for Defendant, Homestead Counsel for Defendants, Ronald V. and Group, Inc. Gilbert and Amy Gilbert Date: Date: O'CONNOR KIMBALL, LLP *- V,��jj � en Kimball, Esquire Counsel for Re/Max 1"Advantage Date: CERTIFICATE OF SERVICE I, E. Ralph Godfrey, Esquire, hereby certify that a true and correct copy of Praecipe to Discontinue, Settle and End was mailed to all counsel of record, by first class mail,postage pre- paid, according to the Pennsylvania Rules of Civil Procedure, on the --� --day of 201Y. James L. Goldsmith, Esquire Caldwell &Kearns 3631 North Front Street Harrisburg, PA 17110 Glen D. Kimball, Esquire O'Connor Kimball, LLP Two Penn Center Plaza, Suite 1100 1500 John F. Kennedy Blvd. Philadelphia, PA 19102 By Ralph dfrey, ire