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HomeMy WebLinkAbout06-2447COMMONWEALTH OF PENNSYLVANIA ,,,COURT OF COMMON PLEAS i JUDICIAL DISTRICT rrl- / 'z NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. C) o -,X417 CtU I E L E /V l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Z7 y- -el . /Z' li- LT 19 ?b p>l 4 OR HIS ATTORNEY I Z'3-." This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R. C. P. J. P. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as No. 7001(6) in action before District Justice, he a SUPERSEDEAS to the judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of loon to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon apuellee). PRAECIPE: To Proth Enter rule upon 1- ' 7 G.,- - - c /leL-L-cam , appellee(s), to file a complaint in this appeal ?y ? m of appeltee(s) (Common Pleas No. V (e -' ?4? 1 L--LU??-)yww?ithin twenty (20) days after service of le or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To y,KJcn?% ?9 ?"tet` 40'el appellee(s) / J j Name' fappellee (s) 13 (11 You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: Si r of Pro[ onotary or Deputy AOPC 312-84 COU'r2T FILE TO BE F'ILED'v`JITH Pi?OTf-ICNOTAFRY COMMON iAI.1H 01 ?F^15r1 ,'1FF!DAv!T w 1 c,2 Ul n? V? -cJ M C-? n_ MAY-01-2006 02:42PM FROM-MANCKE WAGNER SPREHA .. i;OMMONWEALTH OF PENN& MANIA 1 C1?1Ir.ITV (?F- CUMBERLAND' Msg. cis,. No. 09-1-01 MCJ Nance: Hen. CHARLES A. CLEMENT, JR na«=:.: 400 BRIDGE ST OLDS TOWNE COMMON$ -SUITE 3 .NEW CUMBERLAND, RA 1'mopnore: (717) 774-5989 17070 ATTORNEY DEF PRIVATE : +717-234-7080 T-107 P 002/002 F-176 NOTICE C./JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF FQIOVAGNOLI 3403 CANYO L DEFENDANT; ? rRIHA, THO S/VI 10 VICTORI EAST HAMPSTEAD, PA 17055 APR 2 1 2006 VS. NH 03826 J RICHARD WAGNER, ESQ L _I 2233 N FRONT ST Docket No. CV-0000028-06 HARRISBURG, PA Date Filed: 1/18/06 THIS IS TO NOTIFY YOU THAT: '- Judgment: FOR PI-ATHSTFF LAJ Judgment was entered for: (Name) _ -TnyAG17nr.T, .Tncavw/uu?+Av ® Judgment was entered against: (Name) R1RA, xgONA,q/VT TD TA in the amount of $ a, 842.00 on: (Date of Judgment) 442.0/06 El Defendants are jointly and severally liable. (Date & Time) D Damages will be assessed on: 11 This case dismissed without prejudice, ? Amount of Judgment Subject to Attachment/42 Pa. C.S. § 8127 S Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment 4,720.00 Judgment Costs $ __-L22 .00 Interest on Judgment $ .00 Attorney Fees $ 0 .0 Total s 484.2.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $' - ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITSANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED kN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICTJUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, Sr.TTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - - ' C G . C x _.. ` 4P'>i4/C: P; Date cMagisterial t)istris ici Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2008 . SEAL AOPG 3"5.05 DATE PRINTED: 4/20/06 8:40:18 AM 4iiill a 0 e Of a ?? C11 ? CE, r 'Li r co PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF P/ /I E?NN?SSYYLV,/ANIA COUNTY OF ?L Lf? ;ss AFFIDAVIT: I hereby swear or affirm that I served ' y a copy of the Notice of Appeal, Commron Pleas No. A4- a?`f7 upon the District Justice designated therein on (date ofservice) 10 --51 41 ?o 13 ? by personal service J v (ce__ittif```iedddd.``) (rag+csered) mail, sender's receipt attached hereto, and upon the appellee, (name/_Y'-?/.o1sfe_, on 7 , 10--? by personal service by_rertified) )regi&F, ) ma", sender's receipt attached. hereto. IXI and further that I served the Rule to File /a Complaint accompanying the above Notice of Appeal upon the appelleels) to whom the Rule was addressed 1$=:i ?. by personal service ' by )certified) )rl mail,. sender's receipt attached hereto. - SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF u-J_ , ?9'?00 (o all dl z 1,4 LYL phOJ Signature -?of?official before whim affidavit was made 44re-f/ibal P? My commission expires on OMMONWEALTH OF PEi?ti&1'LV o§YF. Notarial Seal -- Debra K. Spinner, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Sept 3, 2007 Member, Pennsylvama'Association Of Notaries 000, Signature of affiant PUMMON"tAL IN Uh rtNNJY LVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 09-/-,0/ NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 4.><o OL`?'? j ?I U I -y NOTICE OF APPEAL Notice is given; that tie appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date And in tYie case mentioned below. NAME FEE1LANT - - w GIST, NO. OR NANO OF 0,1, rn°rn?£w ADORE++OY AiflsuaNr CITY STATE ZIP CODE C'.,N Na.I ON VRIS OF APFWLANT OR HIS ATTORNEY OR AGENT ?,ra rg C V - DODDOrR b'-Olo ,/?--^ LT 19 This block will be signed ONLY when. this notation is required under Pa. If appellant was Claimant (see Pa. R. C.P.J. P. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, :will operate as No. 1001(6) in action before District Justice, he: a SUPERSEDEAS to the judgment, for possession in this case. MUST FILE A COWLAIW withal,. my (20) days III filing his fUEJ?f Signature of Prothonotary or Deputy PRAECIPE TO ENTER R-VLE%7Gt -FILE COMPLAINT AND, RULE TO FILE (This section of..form . to be used ONLY when appellant was DEFENDANT (see P.a. R.C.P.J.P,.,,NO. WOW) in action befoiwoist4ct Justice. IF NOT USED, detach fro1?3,ggsly; pf gotice bf aRpe@1 to..be. served upon appellee). PRAECIPE: To Prothortary I a Enter rule upon eftgelsl',°t0 Me •a gomplalnt. jrt,khis appeal a N me of appelleels4 41 -4' .._ . s Ij (Common Pleas No. Gio Oy within twenty (20) days after service 4,01e or suffer entry of judgment of non pros. SlgpatL?pf appeJ?,gnt or KsArtarTvyo, agent ,. , RULE: To-yir?.it/ d ? appellee(4 1 lt> Name fappellee(s) J `e !K' (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date:0aq, W >,y U.S . Postal Service • CE RTIFIE D MAIL - REC EIPT (Don tesuc Mad Only; Iva Ins urance C overage Prov alarl' ?_.. ,.i...e... ,. fn,.o nnoo visit ou r wetmite a t www.usps.com 1. _ ® j m - I, m m Poemge o C-0 Fes ? , cfp ft~ W d p // ?? Here 0 (EMmMmeM Reg re ) !r O ReehkTe I (7eNere Fee (Endoraemere Requlre4) , -a $ G ri Tow POetape 6 Feae 7 ' T• erPO QO.w1. • ??? .--. =>uGGQ14.- v:-a'k.L ................ orp ..... ... ............. j ... ..-. ti a ru m m PoetepB S a Cer "Fee ,9, yG 0 / Post" (Etltlor Return mem equi 1. AJ HM p (EtMOteement Reatrlctetl DeNvetY Fea _ Re4u= r9 r3 Tow POet.pe a Fees ul a ,f ?,;;- ------:------- ------ ^ Pw doss 1-0, a .. JOSEPH and BECKY IN THE COURT of COMMON PLEAS GIOVAGNOLI, CUMBERLAND COUNTY Plaintiffs PENNSYLVANIA V. No. 2006-2447 THOMAS and VICTORIA, RHIA, Defendants CIVIL ACTION - LAW MANDATORY ARBITRATION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and by filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for the money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4t' Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH and BECKY GIOVAGNOLI, Plaintiffs : No. 2006 -2447 V. THOMAS and VICTORIA RIHA, Defendants : CIVIL ACTION at LAW/EQUITY : MANDATORY ARBITRATION Complaint AND NOW this q?hlay of June, 2006 comes JOSEPH and BECKY GIOVAGNOLI, by and through their attorney, John M. Glace, Esquire and respectfully present this Complaint as follows: 1. Plaintiffs are Joseph and Becky Giovagnoli, husband and wife, adult individuals who now reside at 3403 Canyon Creek, Mechanicsburg ( Upper Allen Township), Cumberland County, Pennsylvania 17055. 2. Defendants are Thomas and Victoria Riha, adult individuals who were married for all times relevant to this Complaint. Upon knowledge and belief Defendants reside at 10 Victoria Lane, East Hampstead, New Hampshire 03826. 3. Defendants were the former owners of Plaintiffs' above described residence. 4. On or about March 12, 2004, the Plaintiffs entered into a sales agreement to purchase the above residence and, in furtherance thereof as permitted by the sales agreement, Plaintiffs retained an independent home inspector at their expense. 5. Said inspector completed his inspection and noted, inter alia, "There is water leaking into the sub-floor - visible in the basement - under the main door off the driveway. Water is leaking onto the sub-floor and making it soft. If this is not corrected it will rot the sub-floor". 6. Plaintiffs demanded, as a condition precedent to settlement for purchase of the residence, the full repair of water leakage and any damage caused as a result. 7. Between the above demand for full repair and the April 16, 2004 settlement, Defendants retained a repairman to comply with Plaintiffs' above condition precedent to fully repair the water leak and damage caused from such defect including, but not limited to, a warped door with a quasi-operative door latch. Defendants admit that the extent of this repair was cleaning the gutters above the door, placing a diverter at a masonry joint, and re-caulking joints. Receipt for these services paid by the Defendants is attached hereto as Exhibit "A" and made part hereof. This receipt was not made available to Plaintiffs until after they had purchased the residence. 8. Said residence was constructed in 2001, less than thirty-six (36) months from the Plaintiffs' purchase. 9. At a pre-settlement walk through inspection on April 16, 2004, Plaintiff Joseph Giovagnoli was shown the above described repairs and assured the water leakage problem had been fully resolved by Defendants' repairs completed after his house inspection.. 10. Plaintiffs, acting in good faith upon the representations of the Defendants and from the pre-settlement plain view inspection, purchased the residence on April 16, 2004. 11. After several weeks, Plaintiffs again experienced water leakage in the basement in the area below the front door. Further the front door began to warp and further incremental damage was incurred as a direct result of continuing water leakage from the front door area. 12. Plaintiffs made numerous complaints to the Defendants or their counsel in New Hampshire for recompense for full repair without satisfaction. 13. Plaintiffs thereafter retained their own building contractor who, after full inspection, found the following: a. rotted sub-floors and insulation; and b. warped and damaged hard wood flooring in the area of the front door; and c. painted and puttied/spackled areas of the front door and flame; and d. areas of pooled water outside the front door in the area of the diverter e. improper and/or negligently installed rain gutters. 14. In order to fully repair and/or remedy the existing defects and repair the directly resultant damage including, but not limited to, reinstallation of new rain gutters and replacement of damaged hardwood flooring, it is estimated to cost $8,760.00. Said building contractor's estimate is attached hereto as Exhibit "B" and made part hereof. 15. All drainage problems and water leakage should have known by a reasonable person residing in the above described residence for a period of less than thirty-six (36) months. 16. The sale of the above-described residence involved real estate agents and neither the Defendants' real estate agent, other agents of the Defendants, or the Defendants themselves disclosed the water leakage or drainage problems despite multiple opportunities to so disclose. 17. Upon professional inspection after the water leakage and drainage problems recurred after Plaintiffs' purchase of said residence, repairs or cosmetic disguise to the front door and its frame were found that were not disclosed to Plaintiffs. 18. The water leakage and drainage problem which continued after Plaintiffs' purchase of the residence pre-existed the purchase and are a material defect. 19. Failure to disclose the water leakage and drainage problem caused further damage to the sub-floor and the hardwood foyer abutting the front door. Count One Negligent Misrepresentation 20. Paragraphs One (1) through Nineteen (19) are incorporated herein and made part hereof as if set forth in full. 21. Defendants failed to exercise reasonable and due care and competence by holding out their residence for sale and thereafter selling that residence by either not disclosing or partially, but not fully disclosing, the existence and extent of water leakage and drainage problems or, alternatively, falsely representing that the water leakage and drainage problem had been fully resolved. 22. As a direct result of Defendants' acts and/or omissions, Plaintiffs have sustained damages and continue to sustain such damages including, but not limited to, property damage to the foyer, sub-floor, door and door frame, and outside masonry, said damages requiring repair to the residence, significant inconvenience, disruption to their daily lives and loss of enjoyment of their home. WHEREFORE Plaintiffs demand Judgment in the their favor in such amount that does not exceed the limit of mandatory Arbitration as set by Local Rule of Court plus cost of suit. Count Two Fraudulent Misrepresentation 23. Paragraphs One (1) through Twenty-two (22) are incorporated herein and made part hereof as if set forth in full. 24. Defendants knowingly and fraudulently misrepresented and concealed material facts regarding the condition of the above-described residence which they offered for sale to public consumers including the Plaintiffs for the purpose of inducing the public consumers and specifically the Plaintiffs into the purchase of the residence. Said misrepresentation and/or concealments include inter alia the following: a. Painting, puttying or otherwise disguising repairs to the door and door frame; and b. Failing to explain or disclose the full extent of the water leakage problem when Plaintiffs' home inspector noted it as an existing defect; and c. Retaining a repairmen to provide a very insubstantial stop-gap repair by merely caulking and adding a diverter and thereafter representing that the existing water leakage and drainage problem was fully repaired in satisfaction of Plaintiffs' condition precedent of purchase; and d. Materially misrepresenting the known extent of the water leakage and drainage problem throughout the sale process by act or omission. 25. As a direct result of Defendants' acts and/or omissions, Plaintiffs have sustained and continue to sustain such damages including, but not limited to, property damage to the sub-floor, foyer, door and door frame, and outside masonry, said damage repair to the residence, significant inconvenience, disruption to their daily lives and loss of enjoyment of their home. WHEREFORE Plaintiffs demand Judgment in their favor of an amount not to exceed the limits of Mandatory Arbitration as set by Local Rule of Court plus cost of suit. Count Three Promissory Estoppel 26. Paragraphs One (1) through Twenty-five (25) are incorporated herein and made part hereof as if set forth in full. 27. Defendants represented and promised that all water leakage noted in house inspection had been repaired and/or remedied prior to the April 16, 2004 purchase of the house by the Plaintiffs and this representation and promise was tendered with the reasonable expectation that the Plaintiffs would be induced to act or forbear. 28. The Plaintiffs acted in reliance on this representation and promise in their purchase of the above described residence. 29. Plaintiffs incurred injury to their detriment upon Defendants' failure to fully repair and/or remedy the water leakage problem specifically identified by Plaintiffs and continue to incur such damage. 30. Injustice can only be avoided by enforcement of this promise and representation and the required repair of all directly resultant damage arising from the failure to make timely and sufficient repair and/or remedy. WHEREFORE Plaintiffs demand Judgment in their favor requiring Defendants to make full repair and/or remedy to the Plaintiffs residence in an amount not to exceed the limits of Mandatory Arbitration as set by Local Rule of Court plus cost of suit. Respectfully submitted, The Law Office of John M. Glace John Nf/Glice, Esquire Suprea Court ID: 23933 132-134 Walnut Street Harrisburg, PA 17101-1612 (717)238-5515 Exhibit "A" n oIt3 AS FOLLom NOTE : SOILS OF T= OLD CARL awa ww CRKMM AND OPM DDR TO AM AND vmmz vG COIMITICNS _ AN ICS DAK PACBMMY FOBWD Itt WM ARM AWVZ TW WAMT EIQTRA= AlW CANS maT OF Tim Ltd lt= Tsz DOOM. O ? fib, no 50.00 Sales Taut: $ 0.00 invoice Total: $ 50.00 Retention: $ 0.00 Amount Paid: $ 0.00 Tee: AM= u are payable Please Pay Thr.S' tlmOUnt) $ 50.00 A ser "fe charge of 18'6 Par ara»rm will be corn ed on all aReomrls ornerdus on mgxkr dates. Please make checks payable to CjRLSOVCONS'T RUC77ON, INC. T7r? y a y?t PrVnwp4pnent T.d OOOTSSL 089:90 SO ZZ Jew NserzptiAm AxOIISt Exhibit "B" May 30 06 01:30p Jerry Lucas 717-697-4151 p.1 Bt*, Tek Bueldi&* Copts actors Inc. 1439 W Trindle Rd Mechanicsburg, Pa 1705.5 (717) 697-1889 Fax (717) 697-4151 NAME/ ADDRESS Smoothie loss ---- --- 15253 Simpson Ferry Rd Mech, Pa 17055 0-691-9000 F-745-1000 Remod I 3) Remove existing front door to replace sub floor adder threshold j 4) Remove section of water damaged sub-floor and replace with new Iy 5) Install new hardwood flooring ., 6) Instalt door and all door easing 7) Install base trim 8) Paint all trim that was removed i Iff i Exterior: f 1) Extend rain-diverter on the roof I 2) Remove existing gutter and inspect face boards 3) Seal all leaking end caps on Sma i 4) Remove and re-install large trim pieces around exterior of door () 5) Seal and paint all exterior planes of trim 6) Repair say damaged stone work around door due to door removal - -- -- _? DATE ESTIMATE NO_] -- - i 5/25/2006 -T 23685 'TERMS t F,S7BM77B Due on receipt _ _ RATE QTY - TOTAL] - -- SCOPE OF -W- -AEl cr a visual inspeetan of the water damaged hardwood flooring and the mold stained - - sub-floor, we recommend the following repaim _-?-? - 1) Remove existing base trim in foyer area 21 Remove xim?dy 8 roves of waterdamsoed floor ma in front of main entry way Total price including all material and labor 8,760-00 ! 8,760.00 ( Please nynit to above address with signature. ? i TOTAL 760 00 $8 . . SIGNATURE VERIFICATION We verify that the statements made in the foregoing Complaint are true and correct to the best of my understanding and belief. We understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: Date: -TL VI `j 120(-)//o -jeg C a,d V UC B Giovagnol CERTIFICATE OF SERVICE I HEREBY CERTIFY that this day of June, 2006 I have served a true and correct copy of the foregoing Complaint, by first class mail, postage pre-paid, upon: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 LAW OFFICES of JOHN NL GLACE M. Glace, Esquire 2-134 Walnut Street arrisburg, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiffs JOSEPH and BECKY GIOVAGNOLI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. THOMAS and VICTORIA RIHA, Defendant. NO: 2006-2447 CIVIL ACTION - LAW MANDATORY ARBITRATION NOTICE TO PLEAD TO: Joseph and Becky Giovagnoli c/o John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, MANCKE, WAGNER & SPREHA P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendants DATE: /3/G JOSEPH and BECKY GIOVAGNOLI, V. Plaintiffs, THOMAS and VICTORIA RIHA, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2006-2447 CIVIL ACTION - LAW MANDATORY ARBITRATION ANSWER WITH NEW MATTER ANSWER AND NOW, come the Defendants, Thomas and Victoria Riha, by and through their attorneys, Mancke, Wagner & Spreha, and file the following Answer with New Matter: I. Admitted. 2. Admitted. It is admitted that that is the address of Thomas R iha, however, it is denied that Thomas Riha is married to Victoria Riha. 3. Admitted. 4. Admitted. 5. Admitted in part. Plaintiffs advised Defendants that there was a home inspection, but Defendants never actually saw the home inspection until after settlement. 6. Admitted in part, denied in part. It is admitted that there was a water issue with the front door which was to be corrected, which was corrected by Defendants, however, there was never a condition president that a full repair of all water leakage be done, and it is further denied that there was any request to repair damage caused by any water leakage. 7. Admitted in part, denied in part. It is admitted that certain repairs were made by Plaintiffs, however, it is expressly denied that there was any demand for full repair, and it is expressly denied that any extensive water leak and damage was demanded to be repaired or promised to be repaired, and the repair that was undertaken by the Defendants was in conformity with the request that was made at or before the time of the pre-settlement walk through. Further, it is denied that the receipt was not made available to the Plaintiffs until after purchase of the home. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that there was a walk through, however, the walk through was between Plaintiff and their realtor, and no representations were made or assurances by the Defendant or anyone on behalf of the Defendant. 10. Denied. It is denied that the Plaintiffs acted upon any representations of the Defendants in purchasing the property on April 16, 2004. 11. Denied. Defendants are without knowledge concerning Plaintiffs' experience, and as a result thereof, Paragraph 11 of Plaintiffs' Complaint is therefore denied and strict proof is demanded at the time of trial. 12. Admitted in part, denied in part. It is admitted that numerous letters were sent, however, it is denied that Defendants have a responsibility to repair the conditions of the home as expressed by the Plaintiffs. -2- 13. Denied. Defendants are without knowledge concerning what a full inspection and building contractor found, therefore, the same is denied and strict proof is demanded at the time of trial. 14. Denied. It is denied that there are repairs or remedies to defects caused by the Defendants, therefore, to the extent that demand is made, the same is denied as having been caused by the Defendants. 15. Denied. It is denied that drainage problems and water leakage were known to the Defendants, therefore, the same is denied and strict proof is demanded at the time of trial. 16. Denied. It is denied that the Defendants or anyone on behalf of the Defendants failed to disclose any water leakage or drainage problems despite opportunity to disclose. 17. Denied. It is expressly denied that the condition of the property was not disclosed to the Plaintiffs prior to sale. 18. Denied. It is denied that the water leakage and drainage problem are material defects. 19. Denied. It is denied that the Defendants failed to disclose any condition of the sub- floor or hardwood foyer, or any other condition that is a material defect of the property. COUNTI NEGLIGENT MISREPRESENTATION 20. Answers to paragraphs I through 19 above are incorporated herein by reference and made a part hereof. -3- 21. Denied. It is denied that the Defendants failed to exercise reasonable and due care, and it is further denied that the Defendants disclosed or partially disclosed the existence of any water leakage or drainage problems, and finther, Defendants did not falsely represent that the water leakage and drainage problems had been resolved. 22. Denied. It is denied that the Defendants have engaged in any acts and/or omissions that caused damage to the Plaintiffs. WHEREFORE, Defendants request the Court to dismiss Count I of Plaintiffs Complaint. COUNT H FRAUDULENT MISREPRESENTATION 23. Answers to paragraphs 1 through 22 above are incorporated herein by reference and made a part hereof. 24. Denied. It is denied that the Defendants made any knowing and false representations, it is further denied that the Defendants concealed any material fact, it is further denied that any of the representations or concealments contained in paragraph 24 were caused by the Defendants, and subparagraphs "a" through "d" are expressly denied on behalf of the Defendants. 25. Denied. It is denied that the Defendants' acts or omissions caused any damage to the property of the Plaintiffs. WHEREFORE, Defendants request the Court to dismiss Count H of Plaintiffs' Complaint. -4- COUNT III PROMISSORY ESTOPPEL 26. Answers to paragraphs 1 through 25 above are incorporated herein by reference and made a part hereof 27. Denied. It is denied that the Defendants represented and promised that water leakage noted in the home was repaired. 28. Denied. Defendants are without knowledge concerning the reliance of the Plaintiffs, therefore, the same is denied and strict proof is demanded at the time of trial. 29. Denied. It is denied that any damage was caused, and the Defendants failed to remedy or repair any water problems. 30. Paragraph 30 is a legal conclusion for which no answer is required. WHEREFORE, Defendants request the Court to dismiss Count III of Plaintiffs Complaint. NEW MATTER 31. Paragraphs I through 30 above are incorporated herein by reference and made a part hereof. 32. At all times material hereto, Plaintiffs were expressly aware of the condition of the property that was being purchased. -5- 33. Despite being expressly advised of the condition of the property, Plaintiffs purchased the property in the condition that the property was at the time of the sale. 34. Plaintiffs expressly had a home inspection, were expressly advised of the condition of the sub-floor, were expressly advised of the water problem before settlement, and chose to purchase the home in the condition that they had found the home. 35. At no time at or before the time of settlement did the Defendants, or did anyone on behalf of the Defendants, promise, represent, or indicate that any conditions regarding the home inspection would be resolve with the exception of those matters that were resolved by Carlson Construction. WHEREFORE, Defendants pray this Court to dismiss Plaintiffs' Complaint. Respectfully submitted, Mancke, Wagner & Spreha ichard Wagner, Esquire #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendants Date: 3 4 -6- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. DATE: V IIG? ZOO?p I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: John M. Glace, Esquire 132 Walnut Street Harrisburg, PA 17101 By Ztk4. `7(-*' Z& ? Debra K. Spinner, Secretary Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendants Date: ? ? o- '' '= ? i5 us`??, -, ?r% ? v 4. ? L I?7 ? :L IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH and BECKY GIOVAGNOLI, Plaintiffs : No. 2006 -2447 V. THOMAS and VICTORIA RIHA, Defendants : CIVIL ACTION at LAW/EQUITY : MANDATORY ARBITRATION Answer to New Matter AND NOW thi `-'day of June, 200b comes JOSEPH and BECKY GIOVAGNOLI, by and ugh their attorney, John M. Glace, Esquire and respectfully answers Defendant's new matter as follows: 31. Plaintiffs incorporate by reference and make part hereof all pleadings of their Complaint as if set forth in full. 32. Denied. Defendants at no time were provided an express statement of the true and existing condition of the property at issue by Defendants . Strict proof of the existence of such express provision and the Plaintiffs receipt thereof is demanded at time of trial. 33. Denied. Plaintiffs deny receipt of any express advisement of the true and actual condition of the property at issue and deny purchasing the property knowing or being in a position to know of its true and hidden conditions). 34. Denied as stated. Plaintiffs admit obtaining a pre-purchase home inspection; but deny that the inspection report expressly disclosed the nature and extent of the hidden and progressive defects of the property. It is specifically denied that Plaintiffs purchased the property with knowledge of the true condition of said property, this condition being known to the Defendants. 35. Denied. Defendants represented and continued to represent that property was free of hidden or progressive conditions, specifically but not limited to water leakage, or that Defendants' agents, employees or servants, Carlson Construction or others, had repaired or remedied any problems and specifically all problems disclosed by the pre- purchase home inspection including, but not limited to, water leakage. WHEREFORE Plaintiffs demand Judgment in their favor requiring Defendants in an amount not to exceed the limits of Mandatory Arbitration as set by Local Rule of Court plus cost of suit. Respectfully submitted, The Law Office of John M. Glace John Pace, Esquire Sup Court ID: 23933 132 4 Walnut Street fl-sburg, PA 17101-1612 (717)23$-5515 VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: QQ=cI-- J h Giovagnoli VERIFICATION I verify that the statements made in the foregoing Answer to New Matter are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unsworn falsification to authorities. Date: ?-'?r4??I Dt 1 ?GEC ky Giovagno CERTIFICATE OF SERVICE I HEREBY CERTIFY that this day of September, 2006 I have served a true and correct copy of the foregoing Answer to New Matter, by first class mail, postage pre-paid, upon: P. Richard Wagner, Esquire Mancke, Wagner, & Spreha 2233 North Front Street Harrisburg, PA 17110 LAW OFFICES of JOHN M. GLACE John . Gl squire 132-1 4 W t Street arrisb g, A. 17101-1612 (7 7) 238-5515 [denti tion No. 23933 Counsel for Defendant Joseph and Becky Giovagnoli, P1ait7niffs v Thomas and Victoria Rhia, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2447 CIVIL 2006 Wxx RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID- COURT: John M. Glace, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ hfat&y t110 0 (? j 7 D 'Q-° IeSAd'" The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: P. Richard Wagner, Esg.2233 North Front St., Harrisburg, PA 17110 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT AND NOW, .19_--_, in consideration of the foregoing petition, Esq., Esq., and . Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. 4ft . Tz? ?` C3'4 V G?l F, r ID Joseph and Becky Giovagnoli, Plaitniffs V Thomas and Victoria Rhia, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2447 CIVIL 2006 Wx RULE 13124. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAM COURT: John M. Glace, Esquire , counsel for the pla Wff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. i 450 2. The claim of the plaintiff in the action is ?? hek?' ? 0 7? .? Oct r The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: P. Richard Wagner, Escr.2233 North Front. St. Harrisburg, PA 17110 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT V1 q?00 -7 AND NOW, o?/ , 0--L, in consideration of the foregoing petition, eAaIZ44::?, tZ, .? Esq., Esq., andW!It-? 9 292L2-0t??-, FJ- Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By W?CA ILI .J . ClIk # - - --' Oct . ?u ga, u C .' ?' . ?? c 167 PA- 8ec CGS. Ci"t L14 41b l;- laintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania Noe Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. Signature ignature Signature C1 arfeS r! . J6n-e ure-ti 81-94er!"l?C 1,4a 41heA A /41 LIC.i'1 (4f Name (Chairman) Name / Name S4,m e, L j2 M&V"IZ, Z-41aj*11, 4 4 CkIn Law Firm Law Fum Law Firm YIq tr,J S 8330 Gay l,-s le Oka (,0- 41). fo Address Address Address A&? L'M4eiVaA 7070 Gam I Ro l 1 Ca4- 11 1-7013 City, zip city, Zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: A , (Note: are awarded, they s,44 be separately A)o " "ss . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: ? 2- Notice of Entry of Award Now, the ag?? day of MaV , 20 , at a:31 , D _j_.M., the above award was entered upon the docket and notice there f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3550. OD By: Prothonotary Deputy N N -t - ,ed .'moo ,AO-1 hn ?' d 0 9.01 IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH and BECKY GIOVANGNOLI, Plaintiffs No. 2447 CIVIL 2006 V. CIVIL ACTION THOMAS and VICTORIA RHIA LAW and EQUITY Defendants NOTICE of APPEAL from AWARD of BOARD of ARBITRATORS To: Curtis R. Long, Prothonotary: Notice is hereby given that Joseph and Becky Giovangnoli, Plaintiffs above named appeal the award of the Board of Arbitrators in the above matter of May 29, 2007 as stated in Award attached hereto as Exhibit "A". A jury trial is demanded. Respectfully John 11T G , Esquire Supreme t. . 23933 Counsel f (T pellants 132-134 lut Street Harrisburg, PA 17101 717-238-5515 Exhibit "A" I u'd 8e£ kv rrr'a ?49&/.' laintiff Defendant in The Court of Common Pleas of Cumberland County, Pennsylvania NoMAW 0 L 02qq 7- Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. Signature Signature Name (Chairman) Name- Nam 4 Law Firm Law F Law Firm kp& t LJ- ?,ed g330 Lar l;s le ??e ?Q 6)-. Pow ' .. , Address Address Address 8 I4-M?r 7o 70 Game II /70/ -l3?? 1 ?or3 City, zip city, zip city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or aff=ect), make the following award: n ? (Note: jf damages for detcy are awarded, they sal be separately pted.) A j©J • . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: 2 Notice of Entry of Award Now, the age` day of 20_____, at A 0 / , _P M., the above award was entered upon the docket and notice th f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 350. 00 ...M 1911111 1 MMqd' t hM ufo set mY hW' By VA IW d said cn- ; it Cuft, Pa. Prothonotary h D7 -P- n d ? v 1c,?pyh Bec lc v Ci'a 04410h laintiff a 6\6t Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No o? Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office fidelity. _ lit Signature ignature Signature . Marne (Chairman) ?ek?_ 1s S4,01 f?? Law Firm Name ! P c. Law Frrm Name Law Firm j r, jtr ..S led q3 3o Ga r I; s, le- de- ?o J,)-, Address Address Address LUG ??Mti 17o 70 Gars /70/1 Ct7 r 1.,k Iv l -7o l3 City, Zip City, i Zip City, zip f l * /!401 # labu Award d We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: A (Note: jf damages`for delp are awarded, they s a l be separately,§tated.) A)o ?' . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: J- I- A -7 Date of Award: 2- Notice of Entry of Award 319 ' l0 " ?i /0 --, Now, the - A"14 day of Mav , 20 , at A --j I , JP M., the above award was entered upon the docket and notice there f given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350. 00 By: Prothonotary Deputy a. ?e 05 O o C? phn 1'A' p1 P 6-a q op 00 JOSEPH and BECKY : IN THE COURT OF COMMON PLEAS GIOVAGNOLI, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, V. NO: 2006-2447 CIVIL ACTION -LAW THOMAS and VICTORIA RIHA, MANDATORY ARBITRATION Defendants. PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan J P. Richard , Esquire I.D. #23 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiffs Date: /Z - / - 0'7 T s-?-> L + t? ? '? ^T 3 ' 1'? a C•i 7 ..... . '? s ? ?` ?"t a.•- ? -- C? JOSEPH and BECKY : GIOVANGNOLI, Plaintiffs V. THOMAS and VICTORIA RHIA, Defendants IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2447 CIVIL 2006 CIVIL ACTION - LAW and EQUITY To: Curtis R. Long, Prothonotary of Said court: Praecipe of Discontinuance Please discontinue the above Civil Action and marked as settled. The Law ce of J n M. Glace i o? to D Dated e, Esquire Jo2V, Counsel for Plaintiffs SD: 23933 1nut Street H A 17101-1612 (7 17-238-5515) c?3 ,. ?. o C-i n G