LEVIN, FISHBEIN, SEDRAN BERMAN BY: Daniel C. Levin, Esquire and Charles E. Schaffer, Esquire ID. No. 80013 and 76259 510 Walnut Street, Suite 500 Philadelphia, PA 19106 (215) 592-1500 Attorneys for Plaintiffs amelle Johnson, et a1 PHILADELPHIA COURT OF COMMON PLEAS Plaintiffs, . JANUARY TERM, 2008 V. JURY TRIAL DEMANDED James M. Walsh, et a1 Defendants NOTICE TO PLEAD NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and ?ling 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 caso may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PHILADELPHIA BAR ASSOCIATION Lawyer Referral and Information Service 1101 Market Street, 111h Floor Philadelphia, 19107 215-238-6300 ILED Fag ms 2 0 2008 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda la notificacion. I-Iace falta asentar una comparencia escrita 0 en persona 0 con un abogado entregar a la corte en forma escrita sus defensas sus objeciones a lus demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas puede continuar 1a demanda en contra suya sin previo aviso notificacion. Ademas, la corte puede decidir a favor del demandante requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA LLAME PONDIMIN OR REDUX TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ASOCIACION DE LICENCIADOS DE FILADELFIA Servicio De Referencia Informacion Legal 1101 Market Street, 1 1th Floor Filadelfia, 19107 215-238-6300 Johnson Eta! Vs Walsh Etal?C MAMD II I 08010009300036 LEVIN, FISHBEIN, SEDRAN BERMAN (f7 . BY: Daniel C. Levin, Esquire and Charles E. Schaffer, Esquire ID. No. 80013 and 76259 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Attorneys for Plaintiffs (215) 592-1500 Jamelle Johnson, et a1 PHILADELPHIA COURT OF COMMON PLEAS Plaintiffs, JANUARY TERM, 2008 V. JURY TRIAL DEMANDED James M. Walsh, et a1 Defendants AMENDED CIVIL ACTION COMPLAINT I. NATURE OF ACTION 1. This is an action on behalf of the plaintiff-property owners of Port Richmond Gate who suffered the loss of the bene?cial use, enjoyment and exclusive possession of their properties due to 1) contamination of their properties with toxic and hazardous materials (lead, arsenic and benzo(a) tyrene) and 2) defective pipes and/or improper piping both of which were caused and/or allowed to continue by defendants? actions and/ or inactions. As a result of the contamination and defective piping, plaintiffs have suffered damages including but not limited to property damage, economic loss, a decline in their property values, inconvenience and incurred other costs, expenses and losses. 2. At all times material hereto, Port Richmond Gate is a residential community or development comprised of homes in the Port Richmond section of Philadelphia. The homes are located on Tioga, Thompson, Edgemont and Venango Streets. I. PARTIES A. Plaintiffs 3. Plaintiff, amelle Johnson is an individual and citizen of the Commonwealth of residing at 3573 East Thompson Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, amelle Johnson?s property is contaminated and has defects both of which were not disclosed by defendants, Daniel Ryan, Keith Charlton, ADK Development prior to the purchase of the property. Plaintiffs property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on July 1, 2004 from defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 4. Plaintiff, Albert Curcio is an individual and citizen of the Commonwealth of residing at 3531 East Thompson Street, Philadelphia, PA 19134. Plaintiff 5 property is part of the residential development known as Port Richmond Gate. Plaintiff, Albert Curcio?s property is contaminated and has defects both of which were not disclosed by defendants, Thompson Street Associates, James Walsh and Mark Palermo prior to the purchase of the property. Plaintiff?s property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Plaintiff purchased the property in June 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 5. Plaintiff, Michele Brennan is an individual and citizen of the Commonwealth of residing at 3553 East Thompson Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Michele Brennan?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 6 Plaintiffs, Bruce and Sandra Forstater are individuals and citizens of the Commonwealth of residing at 3541 East Thompson Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Bruce and Sandra Forstater?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 7. Plaintiff, Tom Batot is an individual and citizen of the Commonwealth of residing at 3554 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Tom Batot?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? 5 property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on January 23, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 8. Plaintiff, Edward Uttian is an individual and citizen of the Commonwealth of residing at 3562 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Edward Uttian?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on November 3, 2003. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 9. Plaintiff, Andrew Tritz is an individual and citizen of the Commonwealth of residing at 3556 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Andrew Tritz?s property is contaminated and has defects both of which were not disclosed by defendants, Daniel Ryan, Keith Charlton, ADK Development prior to the purchase of the property. Plaintiff? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on January 9, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 10. Plaintiff, John Klaiss is an individual and citizen of the Commonwealth of residing at 2642 East Venagno Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, John Klaiss? property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 1 l. Plaintiffs, David and Shannon Harris are individuals and citizens of the Commonwealth of residing at 3540 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, David and Shannon Harris? property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 12. Plaintiff, Ursula Dylewicz is an individual and citizen of the Commonwealth of residing at 3546 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Ursula Dylewicz? property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on April 15, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 13. Plaintiffs, Milos Hana Botur are individual citizens of the Commonwealth of residing at 3555 Thompson Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Milos Hana Botur?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 14. Plaintiff, John Tucker is an individual and citizen of the Commonwealth of residing at 2638 East Venango Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, John Tucker?s property is contaminated and has defects which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 15. Plaintiffs, Lawrence and Susan Lauterborn are individuals and citizens of the Commonwealth of residing at 3570 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Lawrence and Susan Lauterbom?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property on November 12, 2003. Defendants, Jim Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 16. Plaintiffs, Annamarie and Dennis Meyers are individuals and citizens of the Commonwealth of residing at 3532 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiffs, Annamarie and Dennis Meyer?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Defendants, James Walsh and Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 17. Plaintiffs, Annamarie Farrell and John Hearn are individuals and citizens of the Commonwealth of residing at 3528 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Annamarie Farrell and John Heam?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Plaintiffs purchased the property on June 30, 2005. Defendants, James Walsh and Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 18. Plaintiff, Cam V. Ngo is an individual and citizen of the Commonwealth of residing at 2656 East Venango Street, Philadelphia, PA 19134. Plaintiff 3 property is part of the residential development known as Port Richmond Gate. Plaintiff, Cam V. Ngo?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium?VIillennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 19. Plaintiff, T. Legge is an individual and citizen of the Commonwealth of residing at 3576 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, T. Legge?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on April 15, 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 20. Plaintiffs, Kenneth and Lauren Amato are individuals and citizens of the Commonwealth of residing at 3526 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Kenneth and Lauren Amato?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by Thompson Street Associates, James Walsh and Mark Palermo. Plaintiffs purchased the property on June 25, 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 21. Plaintiff, Janet Shapiro is an individual and citizen of the Commonwealth of residing at 2640 East Venango Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Janet Shapiro?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased property on September 28, 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 22. Plaintiffs, Kerri and William Todd are individuals and citizens of the Commonwealth of residing at 2644 East Venango Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Kerri and William Todd?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 23. Plaintiff, Jane Wallace is an individual and citizen of the Commonwealth of residing at 2650 East Venango Street, Philadelphia, PA 19134. Plaintiffs property is part of the residential development known as Port Richmond Gate. Plaintiff, Jane Wallace?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 24. Plaintiffs, James and Lauren Kelly are individuals and citizens of the Commonwealth of residing at 3574 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, James and Lauren Kelly?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased property on December 15, 2006. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property when the property was ?rst sold . Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed originally, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 25. Plaintiff, Sabrina Reichart and Richard Pawlucy are individual and citizens of the Commonwealth of residing at 3566 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property on August 3, 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 26. Plaintiff, Cathy Ken Lewandowski is an individual and citizen of the Commonwealth of residing at 3548 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Cathy Ken Lewandowski?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property in 2006. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property originally. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed originally, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 27. Plaintiffs, James and Pat Gartland are individuals and citizens of the Commonwealth of residing at 3578 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, James and Pat Gartland?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on October 31, 2003. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 28. Plaintiff, Angela Lee is an individual and citizen of the Commonwealth of residing at 3535 East Thompson Street, Philadelphia, PA 19134. Plaintiffs property is part of the residential development known as Port Richmond Gate. Plaintiff, Angela Lee?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? 5 property was developed by Thompson Street Associates, James Walsh and Mark Palermo. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 29. Plaintiff, Eva Ea is an individual and citizen of the Commonwealth of residing at 3552 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s pr0perty is part of the residential development known as Port Richmond Gate. Plaintiff, Eva Ea?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the prOperty. Plaintiff?s pr0perty was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Deve10pment during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 30. Plaintiff, Maji and Fay Jraha are individuals and citizens of the Commonwealth of residing at 3564 Edgemont Street, Philadelphia, PA 19134. Plaintiffs also own a home at 3557 Thompson Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Maji and Fay Jraha?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the properties in June 2005 and September 2007. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property at 3514 Edgemont Street. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 31. Plaintiff, Bruce Kilpatrick is an individual and citizen of the Commonwealth of residing at 2654 East Venango Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Bruce Kilpatrick?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? 3 property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 32. Plaintiff, Zdzislaw Czarniecki is an individual and citizen of the Commonwealth of residing at 3568 Edgemont Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Zdzislaw Czarniecki?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property in October 2003. Defendants. James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or he would have purchased the property for a substantially lesser amount. 33. Plaintiffs, Adam Klimaszewski and Wioletta Stronja are individuals and citizens of the Commonwealth of residing at 3550 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? pr0perty is part of the residential development known as Port Richmond Gate. Plaintiffs, Adam Klimaszewski and Wioletta Stronja?s pr0perty is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased their home on July 30, 2007. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the pr0perty originally. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 34. Plaintiff, Dorota Ryolzik is an individual and citizen of the Commonwealth of residing at 3565 East Thompson Street, Philadelphia, PA 19134. Plaintiff? 5 property is part of the residential development known as Port Richmond Gate. Plaintiff, Dorota Ryolzik?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff's property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on June 1 l, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 35. Plaintiffs, Katarzyna and Bogdan Wiercinski are individuals and citizens of the Commonwealth of residing at 3572 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? pr0perty is part of the residential development known as Port Richmond Gate. Plaintiff, amelle Johnson?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property on November 6, 2003. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Deve10pment during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 36. Plaintiff, Laura Hansberry is an individual and citizen of the Commonwealth of residing at 3569 Thompson Street, Philadelphia, PA 19134. Plaintiff?s property is part of the residential development known as Port Richmond Gate. Plaintiff, Laura Hansberry?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the pr0perty. Plaintiff?s property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property in July 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 37. Plaintiff, Malgorzata Ploszaj is an individual and citizen of the Commonwealth of residing at 3542 Edgemont Street, Philadelphia, PA 19134. Plaintiff also owns property at 3529 E. Thompson Street Philadelphia Pa 19134. Plaintiff?s properties are part of the residential development known as Port Richmond Gate. Plaintiff, Malgorata Ploszaj ?5 properties are contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs properties were developed by defendants, Daniel Ryan, Keith Charlton, ADK Development, Mark Palermo, James Walsh and Thompson Street Associates. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented the above defendants during the sale of the pr0perty. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the properties or she would have purchased the property for a substantially lesser amount. 38. Plaintiffs, Gunjan and James Rastogi?Wilson are individuals and citizens of the Commonwealth of residing at 3575 East Thompson Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Gunj an and James Rastogi-Wilson?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property in June 2007. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. While plaintiffs did not buy their home directly from defendants, defendants? failure to disclose contaminants arti?cially raised the price of plaintiffs? home. 39. Plaintiffs, Lawrence and Theresa Rose is an individual and citizen of the Commonwealth of residing at 3534 Edgemont Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Lawrence and Theresa Rose?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 40. Plaintiffs, Joseph and Rosemarie Siegle are individuals and citizens of the Commonwealth of residing at 2646 East Venango Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Joseph and Rosemarie Siegle?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property on September 8, 2004. Defendants, James Walsh and Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 41. Plaintiff, Maria Jolanta Licina is an individual and citizen of the Commonwealth of residing at 3549 Thompson Street, Philadelphia, PA 19134. Plaintiff 5 property is part of the residential development known as Port Richmond Gate. Plaintiff, Maria Jolanta Licina?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiff purchased the property on April 16, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 42. Plaintiffs, Thomas and Theresa McCracken are individuals and citizens of the Commonwealth of residing at 3579 East Thompson Street, Philadelphia, PA 19134. Plaintiffs? property is part of the residential development known as Port Richmond Gate. Plaintiffs, Thomas and Theresa McCracken?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiffs? property was developed by defendants, Daniel Ryan, Keith Charlton, ADK Development. Plaintiffs purchased the property on June 23, 2004. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Daniel Ryan, Keith Charlton, ADK Development during the sale of the property. Plaintiffs were not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiffs, plaintiffs would not have purchased the property or they would have purchased the property for a substantially lesser amount. 43. Plaintiff, Nicholas Walsh is an individual and citizen of the Commonwealth of residing at 3530 Edgemont Street, PA 19134. Plaintiff? 3 property is part of the residential development known as Port Richmond Gate. Plaintiff? Sproperty is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. 44. Plaintiff, Kevin Kessler is an individual and citizen of the Commonwealth of residing at 3533 East Thompson Street, PA 19134. Plaintiff? 3 property is part of the residential development known as Port Richmond Gate. Plaintiff, Kevin Kessler?s property is contaminated and has defects both of which were not disclosed by defendants prior to the purchase of the property. Plaintiff? 5 property was developed by defendants, Thompson Street Associates, James Walsh and Mark Palermo. Plaintiffs purchased the property on June 1, 2005. Defendants, James Walsh and ReMax Millennium/Millennium Realty Services, LLC represented defendants, Thompson Street Associates, James Walsh and Mark Palermo during the sale of the property. Plaintiff was not aware of the contaminants and defects until 2007. If the defects and contaminants were disclosed to plaintiff, plaintiff would not have purchased the property or she would have purchased the property for a substantially lesser amount. B. Defendants 1. Enterprise (?Real Estate defendants?) 45. Defendant, James Walsh (?Walsh?) is an individual and citizen of the Commonwealth of residing at 18 Florence Drive, Richboro, PA 18954. Defendant Walsh is the principal owner of ReMax Millennium/Millennium Realty Services, LLC. Defendant, Walsh was responsible along with the other co-defendants for developing the above properties purchased by plaintiffs in the community known as Port Richmond Gate. Defendant, Walsh failed inter alia to disclose to plaintiffs 1) the contaminants which were on, in and underneath their properties and 2) the defects of the properties in accordance with law. 46. Defendant, ReMax Millennium/Millennium Realty Services, LLC (?ReMax?) is a limited liability corporation organized and existing by virtue of the laws of the Commonwealth of with its place of business located at 767 Huntington Pike, Huntington Valley, PA 19006. Defendant Walsh is the primary owner of ReMax. Defendant, is responsible along with the other co-defendants for selling the properties to the plaintiffs. Defendant, ReMax failed to disclose to the plaintiffs l) the contaminants on, in and underneath their properties and 2) the defects of the pr0perties in accordance with law. 47. Defendant, Walsh in his individual capacity and in his capacity as an employee or principal of defendant represented defendants in the marketing and selling of the above properties in Port Richmond Gate to plaintiffs. 48. At all times material hereto, defendants Walsh and ReMax should have been aware of the contaminants in, on and underneath plaintiffs? properties. These contaminants were disclosed to defendants by DCR Environmental Services prior to the development of the lot and construction of homes on the lot. 49. Defendants Walsh and ReMax had a ?duciary duty and obligation to learn and should have learned of the contaminants before developing, constructing and selling the properties to the plaintiffs. 50. Defendant Walsh and ReMax had a fiduciary duty and obligation under law to disclose all of the contaminants to potential purchasers such as plaintiffs. 51. Defendant Walsh operated and ran ReMax for his own benefit as a sham corporation or entity and not as a bona?de independent entity or corporation. The acts of ReMax were truly those of defendant Walsh. As a result, he is liable for his negligent acts performed behind the veil of the sham company?ReMax. 52. Defendant, Byberry Road Associates, LLC (?Byberry?) is a limited liability corporation organized and existing by virtue of the laws of the Commonwealth of with its place of business located at 767 Huntington Pike, Huntington Valley, PA 190006. Defendant, Byberry is responsible along with the other co-defendants for the selling properties to the plaintiffs and failing to disclose to the plaintiffs 1) the contaminants on, in and underneath their properties and 2) the defects of the properties in accordance with the law. 53. Defendant, Byberry is a sham company af?liated with Defendants, ReMax and Walsh, namely defendant Walsh. Defendant Byberry has the same principal parties as defendants Walsh and ReMax, namely defendant Walsh. Based upon information and belief, all three enterprises are operated by defendant Walsh as one business enterprise. Defendant, Byberry is located at the same address (767 Huntington Pike, Huntington Valley, PA) as defendants Walsh and ReMax. Defendant Byberry operates the same type of business as defendants Walsh and ReMax. Based upon information and belief, defendant Byberry co- mingles funds with defendants Walsh and/or ReMax. As a result, defendant Byberry should be treated as the same or identical business enterprise as defendants ReMax and Walsh. 54. Defendant, 435 Rhawn, LLC (?Rhawn?) is a limited liability corporation organized and existing by virtue of the laws of the Commonwealth of with its place of business located at 767 Huntington Pike, Huntington Valley, PA 19006. Defendant, Rhawn along with the other co?defendants is responsible for selling properties to the plaintiffs and failing to disclose to the plaintiffs the 1) contaminants on, in and underneath their properties and 2) the defects of the properties in accordance with law. 55. Defendant, Rhawn is a sham company af?liated with defendants, ReMax, Walsh and Byberry. Defendant, Rhawn has the same principal parties as defendants Walsh, Byberry and ReMax. Based upon information and belief, all of the enterprises are operated by defendant Walsh as one business enterprise. Defendant Rhawn is located at the same address (767 Huntington Pike, Huntington Valley, PA 19006) as defendant ReMax and Byberry. Defendant, Rhawn is the same type of business as ReMax and Byberry. Based upon information and belief, defendant Rhawn co-mingled funds with defendants ReMax and Byberry. As a result, defendant Rhawn should be treated as the same business enterprise as defendants ReMax, Byberry and Walsh. 56. Defendant, 314-316 Huntington Pike, LLC (?Huntington?) is a limited liability corporation organized and existing by virtue of the laws of the Commonwealth of with its place of business located at 767 Huntington Pike, Huntington Valley, PA 19006. Defendant, Huntington along with the other co-defendants is responsible for selling properties to the plaintiffs and failing to disclose to the plaintiffs 1) the contaminants on, in and underneath their properties and 2) the defects of the properties in accordance with law. 57. Defendant, Huntington is a sham company af?liated with defendants, ReMax, Walsh, Rhawn and Byberry. Defendant Huntington has the same principal parties as ReMax, Rhawn and Byberry, speci?cally defendant Walsh. Based upon information and belief, all of the entities of the enterprises are operated by Defendant Walsh as one business enterprise. Defendant Huntington is located at 76 Huntington Pike, Huntington Valley, PA 19006 which is the same location as defendants ReMax, Byberry and Rhawn. Defendant Huntington runs the same type of business as ReMax, Byberry and Rhawn. Based upon information and belief, defendant co?mingled funds with defendants ReMax, Byberry and Rhawn. As a result, defendant should be treated as the same business enterprise as defendants ReMax, Byberry, Rhawn and Walsh. 58. Defendants, Walsh, ReMax, Byberry, Rhawn and Huntington were all collectively ?Real Estate defendants?. The Real Estate defendants were responsible for originally listing the above properties for sale for the developers. The Real Estate defendants have a duty to disclose all contaminants on the properties to potential buyers. As a result of their failure to disclose the contaminants on the pr0perties, the Real Estate defendants arti?cially were able to sell the property for a higher value to buyers and future buyers. Thus, the Real Estate defendants sold properties in Port Richmond Gate for more value than they were worth. 2. Enterprise 59. Defendant, Daniel Ryan (?Ryan?) is an individual and citizen of the Commonwealth of residing at 650 Stream Ridge Lane, Feasterville, PA 19053. Defendant, Ryan is the principal owner of ADK Development Corp., Inc. Defendant, Ryan is responsible along with ADK Developmen and Keith Charlton for deve10ping the above properties purchased by plaintiffs. Defendant, Ryan along with the other co-defendants failed to disclose to the plaintiffs 1) the contaminants in, on and underneath their properties and 2) the defects of the properties in accordance with law to plaintiffs. 60. Defendant, ADK Development Corp., Inc. is a corporation organized and existing under and by virtue of the laws of and quali?ed to do business in the Commonwealth of with its principal place of business located at 2402 Orthodox Street, Philadelphia, PA 19137. Daniel Ryan is President, Secretary and Treasurer of ADK. Defendant, ADK along with the other co-defendants was responsible for the development of the above properties purchased by plaintiffs. Defendant, ADK along with the other co-defendants failed to disclose to the plaintiffs 1) the contaminants in, on and underneath their properties and 2) the defects of the properties in accordance with law. 61. At all times material hereto, Defendants ADK and Ryan were aware or should have been aware of the contaminants in, on and underneath plaintiffs? properties. These contaminants were disclosed to defendants by DCR Environmental Services prior to development of the lot and construction of the homes on the lot. 62. Defendants Ryan and ADK had a ?duciary duty and obligation to learn and should have learned of the contaminants before developing, constructing and selling the properties to the plaintiffs. 63. Defendant Ryan individually and as president of ADK had a ?duciary duty and responsibility to disclose all of the contaminants on, in and underneath the properties that were known to him. 64. Defendant Ryan operated and ran ADK for his own benefit as a sham corporation or entity and not as a bona?de independent entity or corporation. The acts of ADK were truly those of defendant Ryan. As a result, he is liable for his negligent acts performed behind the veil of the sham company-ADK. 3. Charlton 65. Defendant, Keith Charlton (?Charlton?) is an individual and citizen of the Commonwealth of residing at 4 Mallard Road, Holland, PA 18966. Defendant, Charlton was responsible along with the other co?defendants for developing the above properties purchased by plaintiffs. Defendant, Charlton along with the other co-defendants failed to disclose to the plaintiffs 1) the contaminants in, on and underneath their properties and 2) the defects of the properties in accordance with law. 66. At all times material hereto, defendant Charlton was aware of or should have been aware of the contaminants in, on and underneath plaintiffs? properties. These contaminants were disclosed to defendants by DCR Environmental Services prior to the development of the lot and construction of the homes on the lot. 67. Defendants Charlton had a ?duciary duty and obligation to learn and should have learned of the contaminants before developing, constructing and selling the properties to the plaintiffs. 68. Defendant Charlton had a ?duciary duty and obligation under law to disclose all contaminants to potential purchasers. 69. Defendants Ryan, ADK and Charlton were responsible for the development and sale of the following properties: 3573 East Thompson Street Philadelphia, PA 19134 (owned by amelle Johnson) 3553 East Thompson Street Philadelphia, PA 19134 (owned by Michele Brennan) 3541 East Thompson Street Philadelphia, PA 19134 (owned by Bruce Sandra Forstater) 3554 Edgemont Street Philadelphia, PA 19134 (owned by Tom Batot) 3562 Edgemont Street Philadelphia, PA 19134 (owned by Edward Uttian) 3556 Edgemont Street Philadelphia, PA 19134 (owned by Andrew Tritz) 2642 East Venango Street Philadelphia, PA 19134 (owned by John Klaiss) 3540 Edgemont Street Philadelphia, PA 19134 (owned by David Shannon Harris) 3546 Edgemont Street Philadelphia, PA 19134 (owned by Ursula Dylewicz) 3555 Thompson Street Philadelphia, PA 19134 (owned by Milos Hana Botur) 3638 East Venango Street Philadelphia, PA 19134 (owned by John Tucker) 3570 Edgemont Street Philadelphia, PA 19134 (owned by Lawrence Susan Lauterborn) 2656 East Venango Street Philadelphia, PA 19134 (owned by Cam V. Ngo) 3576 Edgemont Street Philadelphia, PA 19134 (owned by T. Legge) 2640 East Venango Street Philadelphia, PA 19134 (owned by Janet Shapiro) 2644 East Venango Street Philadelphia, PA 19134 (owned by Kerry William Todd) 2650 East Venango Street Philadelphia, PA 19134 (owned by Jane Wallace) 3574 Edgemont Street Philadelphia, PA 19134 (owned by James Lauren Kelly) 3566 Edgemont Street Philadelphia, PA 19134 (owned by Sabrina Rechart Richard Pawlucy) 3548 Edgemont Street Philadelphia, PA 19134 (owned by Cathy Ken Lewandowski) 3 578 Edgemont Street Philadelphia, PA 19134 (owned by James Pat Gartland) 3552 Edgemont Street Philadelphia, PA 19134 (owned by Eva Ea) 3564 Edgemont Street Philadelphia, PA 19134 (owned by Maji Fay Jraha) 2654 East Venango Street Philadelphia, PA 19134 (owned by Bruce Kilpatrick) 3568 Edgemont Street Philadelphia, PA 19134 (owned by Zdzislaw Czaraniecki) 3 5 50 Edgemont Street Philadelphia, PA 19134 (owned by Adam Klimaszewski Wioletta Stronj a) 3565 East Thompson Street Philadelphia, PA 19134 (owned by Dorota Ryolzik) 3572 Edgemont Street Philadelphia, PA 19134 (owned by Katarzyna Bogdan Wiercinski) 3569 Thompson Street Philadelphia, PA 19134 (owned by Laura Hansberry) 3542 Edgemont Street Philadelphia, PA 19134 (owned by Malgorzata Ploszaj) 3575 East Thompson Street Philadelphia, PA 19134 (owned by Gungan James Rastogi- Wilson) 2646 East Venango Street Philadelphia, PA 19134 (owned by Joseph Rosemary Siegle) 3549 East Thompson Street Philadelphia, PA 19134 (owned by Maria olanta Licina) 3579 East Thompson Street Philadelphia, PA 19134 (owned by Thomas Theresa McCracken) Further, defendants? failure to disclose the contaminants and defects resulted in the market for these houses to be listed and sold at an arti?cially higher rate than they should have been. Thus, all homeowners who subsequently purchased homes after defendants? development of Port Richmond Gate have suffered losses as a result of defendants? failure to disclose. All of the above properties were originally sold by Ryan, ADK and/or Charlton without disclosures that there were contaminants in, on and underneath the properties and the defects of the properties. As a result of the defendants failure to disclose the contaminants and defects, the properties sold at an arti?cially higher price than they would have been sold with such disclosures. As a result thereof, plaintiffs eventually paid a higher price for the properties. 4. Enterprise (?Thompson Street defendants? 70. Defendant, Mark J. Palermo (?Palermo?) is an individual and citizen of the Commonwealth of residing at 431 Morris Road, Ambler, PA 19002. Defendant, Palermo is principal owner of Thompson Street Associates and along with the other co- defendants was responsible for the development of the above properties purchased by plaintiffs. Defendant, Palermo along with other co-defendants failed to disclose to the plaintiffs 1) the contaminants in, on and underneath their properties and 2) the defects of the properties in accordance with law. 71. Defendant, Thompson Street Associates (?Thompson?) is a business entity quali?ed to do business in the Commonwealth of located at 431 Morris Road, Ambler, PA 19002. Defendant Palermo is the only identi?able party with defendant Thompson in documents ?led with the state. Defendant, Thompson was responsible along with the other co-defendants for development of the above properties. Defendant, Thompson along with the other co-defendants failed to disclose to the plaintiffs 1) the contaminants in, on and underneath their properties and 2) the defects of the properties in accordance with law. 72. At all times material hereto, defendants Palermo and Thompson were aware of or should have been aware of the contaminants in, on and underneath plaintiffs? properties. These contaminants were disclosed to defendants by DCR Environmental Services prior to the development of the lot and construction of the homes on the lot. 73. Defendants Palermo and Thompson had a ?duciary duty and obligation to learn and should have learned of the contaminants before developing, constructing and selling the properties to the plaintiffs. 74. Defendant Palermo and Thompson had a ?duciary duty and obligation under law to disclose all contaminants to potential purchasers. 75. Defendant Palermo operated and ran Thompson for his own bene?t as a sham corporation or entity and not as a bona?de independent entity or corporation. The acts of Thompson were truly those of defendant Palermo. As a result, he is liable for his negligent acts performed behind the veil of the sham company-Thompson. 76. Defendant, Jamar Properties, L.P. (?Jamar?) is a limited partnership organized and existing by virtue of the laws of the Commonwealth of with its principal place of business located at 431 Morris Road, Ambler, PA 19002. 77. Defendant, Jamar is a sham company af?liated with defendants, Thompson and Palermo. Defendant amar?s principal place of business is located at the same address (431 Morris Road, Ambler, PA) as defendants Thompson and Palermo. Defendant Jamar has the same principal owner as defendant Thompson namely defendant Palmero. Defendant Jamar operates the same type of business as defendant Thompson. Based upon information and belief defendant Jamar co-mingles funds with Thompson. As a result, defendant Jamar should be treated as the same business enterprise as defendants Thompson and Palermo. 78. Defendant, Properties, Inc. is a corporation organized and existing under and by virtue of the laws of and quali?ed to do business in the Commonwealth of with its principle place of business located at 431 Morris Road, Ambler, PA 19002. 79. Defendant, is a sham company af?liated with defendants Thompson, Jamar and Palermo. Defendant principal place of business is located at the same address (431 Morris Road, Ambler, PA 19002) as defendants Thompson, Jamar and Palermo. Defendant has the same president and principal parties as Thompson and Jamar, namely defendant Palermo. Defendant is the same business and performs the same business functions as defendants Thompson and Jamar. Based upon information and belief defendant co- mingles funds with the above defendants. As such, defendant should be treated as the same business enterprise as defendants Thompson, Jamar and Palermo. 80. Defendant, .A.M. Real Estate. LLC is a limited liability corporation organized and existing by Virtue of the laws of the Commonwealth of with its place of business located at 431 Morris Road, Ambler, PA 19002. 81. Defendant, .A.M. is a sham company af?liated with Defendants, Thompson, Jamar, and Palermo. Defendant principal place of business is located at the same address (431 Morris Road, Ambler, PA) as defendants Thompson, Jamar and Defendants .A.M., Jamar and Thompson operate the same type of business. president is Mark Palermo who is the principal party of Thompson, Jamar and .A.M. performs the same functions as defendants Thompson, Jamar and Based upon information and belief defendant .A.M. co-mingles funds with defendants. As a result, .A.M. is a sham corporation and should be treated as the same business enterprise as defendants Thompson, Jamar, and 82. Defendant, SNMC, Inc. is a corporation organized and existing under and by virtue of the laws of and quali?ed to do business in the Commonwealth of with its principle place of business located at 431 Morris Road, Ambler, PA 19002. 83. Defendant, SNMC is a sham company af?liated with defendants, Thompson, Jamar, .A.M. and Palermo. Defendant SNMC has the same principal place of business as defendants Thompson, Jamar, .A.M. and Palmero (431 Morris Road, Ambler, PA). principal is Mark Palermo who is the principal party of Thompson, Jamar, and .A.M. SNMC performs the same functions as the above defendants. Based upon information and belief, SNMC co-mingles funds with the above defendants. As a result, defendant SNMC should be treated as the same business enterprises as defendants Thompson, Jamar, .A.M. and Palermo. 84. Defendant, JCG Properties is located at 431 Morris Road, Ambler, PA 19002. Defendant CG is responsible along with other co-defendants for the development of the above properties. 85. Defendant, CG is a sham company af?liated with defendants, Thompson, Jamar, .A.M., SNMC and Palermo. Defendant principal place of business is the same location as the above defendants. Defendant CG has the same principal parties as the above defendants and also performs the same principal functions as the above defendants. Based upon information and belief defendant JCG co-mingles funds with the above defendants. Defendant JCG should be treated as the same business enterprise as defendants Thompson, Jamar, .A.M., SNMC and Palermo. 86. Defendant, Walsh, while principal owner of ReMax and responsible for selling the above properties, was also responsible for developing properties with Mark Palermo, Thompson Street, Jamar, .A.M., SNMC and JCG. 87. Collectively, plaintiff will refer to the above defendants as the ?Thompson Street defendants?. 88. The Thompson Street defendants were responsible for developing and selling the following properties: 3531 East Thompson Street Philadelphia, PA 19134 (owned by Albert Curcio) 3532 Edgemont Street Philadelphia, PA 19134 (owned by Annmarie Dennis Meyers) 3528 Edgemont Street Philadelphia, PA 19134 (owned by Annmarie Farrell John Heam) 3526 Edgemont Street Philadelphia, PA 19134 (owned by Kenneth Lauren Amato) 3529 East Thompson Street Philadelphia, PA 19134 (owned by Malgorzata Ploszaj) 3535 East Thompson Street Philadelphia, PA 19134 (owned by Angela Lee) 3534 Edgemont Street Philadelphia, PA 19134 (owned by Lawrence Theresa Rose) 3530 Edgemont Street Philadelphia, PA 19134 (owned by Nicholas Walsh) 3533 East Thompson Street Philadelphia, PA 19134 (owned by Kevin Kessler) 89. Thompson Street defendants failed to properly test the properties and failed to disclose the contaminants and defects of properties as a result of defendants? failure to disclose the contaminants and defects, the properties sold at an artificially higher price than they would have been sold if disclosures had been made. As a result thereof, plaintiffs eventually paid a higher price for the properties. Further, defendants? failure to disclose the contaminants and defects resulted in the market for these houses to be listed and sold at an arti?cially higher rate than they should have been. Thus, all homeowners who subsequently purchased homes after defendants? development of Port Richmond Gate have suffered losses as a result of defendants? failure to disclose. II. JURISDICTION AND VENUE 90. Venue is appropriate in Philadelphia County because all of the plaintiffs reside in Philadelphia County and all of the alleged negligent and fraudulent acts which create the cause of action(s) occurred in Philadelphia county. 91. Jurisdiction is proper in the Commonwealth of because all defendants reside in and all of tortious acts occurred in Defendants all purposely availed themselves of jurisdiction in the Commonwealth of 111. FACTS 92. In 2001, defendants Ryan and Charlton purchased property, a vacant lot at 2645 East Tioga Street, Philadelphia, PA. The lot included a parcel of land bordering Tioga, Thompson, Edgemont and Venango Streets in the Port Richmond Section of Philadelphia. Defendants Ryan and Charlton purchased the lot to develop and construct homes for residential use and occupancy. This lot was developed by defendants Ryan and Charlton in conjunction with the other co-defendants into the residential development known as Port Richmond Gate. 93. As part of their plan to develop the lot i.e. construct and/or build residential homes, defendants Ryan and Charlton in conjunction with the other co-defendants retained DCR Environmental Services to perform an environmental impact analysis of the lot. DCR performed an environmental impact analysis of the lot on or around September 7, 2001. 94. At all times material hereto, DCR understood and was aware that defendants intended to develop and construct homes for residential use and occupancy on the lot in Port Richmond. DCR was hired by defendants to perform an environmental impact analysis of the lot prior to defendants development of the lot for residential use and occupancy. 95. As part of its environmental impact analysis, DCR obtained a history of the lot which revealed it was used as a railroad car staging area. Based on the industrial use of the site as a railroad car staging, DCR determined that the site should be tested for industrial materials including toxic and hazardous compounds such as arsenic, lead and benzo(a) tyrene. 96. DCR advised defendants that before the excavation of the property and construction of the homes was commenced on the lot that all Department of Environmental Protection and City of Philadelphia regulatory guidelines had to be met and the permits and disclosures ?led with the respective agencies. 97. A visual inspection of the property by DCR identi?ed black gritty soil at 1 to 2 feet beneath the surface. Debris which included railroad tracks, metal and slag was found in the soil . The second layer depending on the location from 3 - 10 feet below the surface was incinerator ash. Immediately below the ash is what DCR thought to be virgin earth or a mixture of slag. 98. analysis of the incinerator ash revealed that the ash consisted inter alia of bottles, broken china, small pieces of household furniture, small pieces of metal, unburned ?oor tile bricks and other types of common household items that had been incinerated in the past. 99. DCR prepared a summary of its analytical analysis and provided it to defendants. See Table summary of analytical results as part of Exhibit 100. DCR also prepared a summary of its pit evaluation which was also provided to defendants. See pit evaluation as part of Exhibit 101. soil testing revealed that the soil contained lead and arsenic above the DEP and City of Philadelphia recommended levels or limits. 102. The contaminants found in investigation and evaluation are carcinogenic. Speci?cally there were elevated levels of arsenic and lead above DEP and City of Philadelphia guidelines. The levels also exceeded the accepted industry standard for the construction of homes or buildings for residential use and/or occupancy. 103. After its analysis of the lot, DCR advised defendants that a phase II investigation should be conducted in accordance with the DEP and City of Philadelphia Act 11 Guidelines before the lot was developed for residential homes. 104. The phase II investigation and analysis would have required defendants to clean up and/or perform remediation of the lot so that the levels of arsenic and lead were within the DEP and City of Philadelphia levels and/or limits. 105. Despite the recommendation from DCR, defendants did not conduct a phase 11 investigation cleanup or remediation of the property. Instead, defendants Ryan and Charlton along with other co-defendants ignored the health risks associated with the elevated levels of arsenic and lead and developed the lot for residential use and constructed homes on it. 106. Despite the above analysis provided to defendants, homes were constructed on the lot and sold to plaintiffs by and for the defendants without disclosing to the plaintiffs the contaminates in, on and underneath their homes. 107. At all times material hereto, plaintiffs purchased their properties relying on the representations and assurances made by defendants. Plaintiffs were unaware that they were purchasing homes from defendants which were built on contaminated soil containing elevated levels of arsenic and lead exceeding the DEP, City of Philadelphia and industry standard guidelines. Nor were the plaintiffs aware at the time of their purchase of the defective and/or inadequate pipes or piping throughout the properties. 108. On September 6, 2007, a resident of Port Richmond Gate had the soil of his property tested. The results of the testing revealed elevated levels of lead and arsenic. 109. On October 18, 2007, the soil of the property located at 3568 Edgemont Street was tested and found to have above the recommended levels of arsenic, lead and benzo(a) tyrene. 110. All of these contaminants are carcinogenic and must be disclosed to a buyer prior to the sale of the property in accordance with the laws of the Commonwealth of These contaminants were never disclosed by defendants to plaintiffs. Plaintiffs now must disclose to a potential purchaser of their property that the property is contaminated due to lead, arsenic and benzo(a) tyrene. As a result, plaintiffs have sustained a substantial diminishment in the value of their properties. See Exhibit for all plaintiffs? deeds for their homes. 111. Defendants had a duty to disclose the above contaminants to the plaintiffs at the time of sale of their respective property. Defendants failed to do so and as a result plaintiffs unknowingly and unwittingly purchased contaminated property to their detriment, harm and loss. See Exhibit for sales agreements of properties. 112. As a result of the contamination, the above properties have diminished value and the above homeowners are entitled to damages for the diminished value of their property. 113. Te defendants also failed to construct the plaintiffs? homes with proper pipes and/or piping. As a result thereof, the pipes are corroding and in some instances causing leaks and damage to the plaintiffs? homes. Regardless, the defective pipes and/or piping require replacement. 114. Defendants violated the Hazardous Site Cleanup Act, 35 PS. 6020 et seq. by failing to cleanup contaminants. 115. Defendants violated Solid Waste Management Act 35 PS. 1618 et seq. by failing to cleanup contaminants. 116. Disclosure requirements by the realtor and developers under law are not triggered by questions asked by the buyer or any contractual relationship between the buyer and the seller but rather by law. The form of a property disclosure statement promulgated by the state real estate commission shall call for disclosures with reSpect to all the following subjects: (14) presence of hazardous substances. 68 7304. 117. Defendants failed to abide by law in closing defects and defects and contamination on the property. FIRST COUNT NEGLIGENCE (Against Defendants) 118. Plaintiffs hereby incorporate by reference all proceeding paragraphs above, as if the same were set forth at length. 119. At all relevant times material hereto, Defendants knew or should have known, that the hazardous and toxic substances (benzo(a) tyrene, arsenic and lead) contaminated the surface and subsurface area of Plaintiffs? properties in Port Richmond Gate. 120. At all relevant times material hereto, Defendants failed to advise and/or warn Plaintiffs of the dangers emanating from the hazardous and toxic substances (benzo(a) tyrene, arsenic and lead) into the air, soil, surface water and groundwater from the contaminants in, on and underneath their properties. 121. Defendants, at all relevant times material hereto, acted through their respective of?cers, employees and agents, who in turn were acting within the scope of their authority and employment, and in furtherance of the business of Defendants. 122. At all times material hereto, all defendants were obliged to conform to the rules, regulations and guidelines of the DEP and City of Philadelphia as well as the standard of care required of them in their respective profession(s) and/or industry. 123. At all times relevant hereto, defendants knew or should have known that the lot upon which plaintiffs? homes were built contained hazardous and toxic substances, including but not limited to lead, arsenic and benzo(a) tyrene. 124. Defendants caused, or negligently allowed hazardous and toxic substances, including but not limited to lead, arsenic and benzo(a) tyrene to remain on, in and underneath Plaintiffs? properties. 125. As a result of Defendants? acts and omissions, extensive contamination of plaintiffs? properties occurred and continues to this very day. 126. Defendants negligence, recklessness and carelessness leading to and allowing the contamination of the properties to continue consists, inter alia, of the following: a. Failing to inspect the surface and subsurface areas of the lot before developing the lot and constructing homes upon it. b. Failing to properly clean up and/or remove the contaminants on the lot prior to the development of the property and construction of homes on it; c. Failing to notify the public and purchasers of the contamination of the properties. i. Failing to take appropriate and/or remedial measures to protect the public and homeowners from the contaminants. Failing to properly take safe guard measures to prevent exposure of the contaminants to plaintiffs and plaintiffs? properties. Failing to follow and adhere to accepted industry care, standards and regulations regarding the development of a residential housing development. Failing to adhere to the DEP, state, city and federal guidelines, rules and regulations regarding developing and/or building on a site wherein the site has tested for hazardous and toxic materials, compounds or substances. Failing to use reasonable care in the development of Port Richmond Gate for a residential housing community. Otherwise being negligent under the law. 127. Defendants failed to use reasonable care in the construction of the homes by failing to use proper and/or adequate pipes which would not corrode at such an accelerated rate and/or pace. As a result of the defective or inadequate pipes or piping, the pipes have and are corroding requiring plaintiffs to repair or replace the pipes. Plaintiffs have also suffered damage to their homes or properties due to leaks which resulted from the corrosion of the pipes. 128. As a result of defendants? failure to provide proper pipes, plaintiffs? have suffered replacement costs and damages to correct the corrosion of the pipes or potential corrosion of the pipes. Plaintiffs have also suffered a diminished market value of their homes due to the corrosion of the pipes. 129. As a direct and proximate result of defendants negligence, Plaintiffs have suffered damages including but not limited to the following: (1) loss of the bene?cial use, enjoyment, and exclusive possession of their properties; (2) decline in the property value of their homes as a result of the contamination and specter of contamination in the future; (3) decline in the property value of their homes as a result of corrosion of pipes (4) property damage, economic loss and inconvenience in having their property contaminated and pipes corroding; (5) past and/or future costs for: air sampling, soil testing, other appropriate testing to determine contamination, use of public water, remediation and repairs or replacement of pipes. WHEREFORE, Plaintiffs demand judgment against Defendants and such other relief as the court may deem just and equitable. SECOND COUNT TRESPASS (Against Defendants) 130. Plaintiffs hereby incorporate by reference all proceeding paragraphs above, as if the same were set forth at length herein. l3l. Defendants? wrongful conduct, as set forth above, resulted in the direct physical invasion of Plaintiffs? property by hazardous and toxic substances polluting and/or contaminating their property and subsurface area, and subsequently entering the Plaintiffs? property, home and/or water supply, thereby polluting and/or contaminating Plaintiffs? interest in exclusive possession of their land, and so constituting a trespass to their injury as aforesaid. 132. As a direct and proximate result of defendants trespass, Plaintiffs have suffered damages including but not limited to the following: (1) loss of the bene?cial use, enjoyment, and exclusive possession of their properties; (2) decline in the property value of their homes as a result of the contamination and specter of contamination in the future; (3) decline in the property value of their homes as a result of corrosion of pipes (4) property damage, economic loss and inconvenience in having their property contaminated and pipes corroding; (5) past and/or future costs for: air sampling, soil testing, other appropriate testing to determine contamination, use of public water, remediation and repairs or replacement of pipes. WHEREFORE, plaintiffs demand judgement against the defendants and such relief as the court may deem just and equitable. THIRD COUNT NUISANCE (Against Defendants) 133. Plaintiffs hereby incorporate by reference all proceeding paragraphs above, as if the same were set forth at length. 134. Defendants? wrongful conduct resulted in the interference with Plaintiffs? right to the exclusive use and enjoyment of their property and homes through the invasion of hazardous and toxic substances contaminating their properties. 135. The Defendants are liable for a nuisance because their conduct was the legal cause of an invasion of the Plaintiffs? interest in the private use and enjoyment of their land, and the invasion was intentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct. 136. As a result of said nuisance, Defendants have unreasonably interfered with the Plaintiffs? use and enjoyment of their properties, to their injury; such that it would cause signi?cant harm to a normal or reasonable person in the community and significant harm to prOperty in normal condition and used for a normal purpose. 137. As a direct and proximate result of defendants wrongful conduct constituting a nuisance, Plaintiffs have suffered damages including but not limited to the following: (1) loss of the bene?cial use, enjoyment, and exclusive possession of their properties; (2) decline in the property value of their homes as a result of the contamination and specter of contamination in the future; (3) decline in the property value of their homes as a result of corrosion of pipes (4) property damage, economic loss and inconvenience in having their property contaminated and pipes corroding; (5) past and/or future costs for: air sampling, soil testing, other appropriate testing to determine contamination, use of public water, remediation and repairs or replacement of pipes. WHEREFORE, plaintiffs demand judgement against the defendants and such relief as the Court may deem just and equitable. FOURTH COUNT VIOLATION OF HAZARDOUS SITE CLEANUP ACT 35 RS. 020 et seq 138. Plaintiffs hereby incorporation by reference all preceding paragraphs is if fully set forth herein. 139. Defendants? wrongful conduct caused hazardous substances to remain on plaintiffs? properties. 140. Defendants are strictly liable for the costs and damages which resulted from the hazardous substances on plaintiffs? properties. 141. As a result thereof of defendants? liability, plaintiffs are entitled to attomey?s fees. 142. As a direct and proximate result of defendants wrongful conduct constituting a nuisance, Plaintiffs have suffered damages including but not limited to the following: (1) loss of the beneficial use, enjoyment, and exclusive possession of their properties; (2) decline in the property value of their homes as a result of the contamination and specter of contamination in the future; (3) decline in the property value of their homes as a result of corrosion of pipes (4) property damage, economic loss and inconvenience in having their property contaminated and pipes corroding; (5) past and/or future costs for: air sampling, soil testing, other appropriate testing to determine contamination, use of public water, remediation and repairs or replacement of pipes. WHEREFORE, plaintiffs demand judgement against the defendants and such relief as the Court may deem just and equitable. Respectfully submitted, I Date: March 19, 2008 Daniel evin,'Esquire Charles . Schaffer, Esquire LEVIN, FISHBEIN, SEDRAN BERMAN 510 Walnut Street, Ste. 500 Philadelphia, PA 19106 (215) 592?1500 Attorneys for Plaintiffs . i VERIFICATION Gate?Ii cu'v' 5? 1, Pat W, hereby state that I am the plaintiff in this action, and that the facts set forth in the foregoing Amended Civil Action Complaint are true and correct to the best of my knowledge. I understand that this Veri?cation is being made subject to 18 Pa. OS .A. 4904, relating to unswom falsi?cation to authorizations. 5/}5/5 ?r Date Pat? and ?Gar?amf VERIFICATION 1, James Garland, hereby state that I am the plaintiff in this action, and that the facts set forth in the foregoing Amended Civil Action Complaint are true and correct to the best of my knowledge. I understand that this Veri?cation is being made subject to 18 Pa. C.S.A. 4904, relating to unswom falsi?cation to authorizations. 3mm lam Daie I J??res Garland VERIFICATION I, John Klaiss, hereby state that I am the plaintiff in this action, and that the facts set forth in the foregoing Amended Civil Action Complaint are true and correct to the best of my knowledge. I understand that this Veri?cation is being made subject to 18 Pa. C.S.A. 4904, relating to unswom falsi?cation to authorizations. Dat?e VERIFICATION 1, Daniel C. Levin, Esquire, hereby state that I am counsel for the plaintiff in this action, and that the facts set forth in the foregoing Plaintiffs? Amended Civil Action Complaint are true and correct to the best of my knowledge. I understand that this Veri?cation is being made subject to 18 Pa. C.S.A. 4904, relating to unswom falsi?cation to authorizations. 03 g; I Date 1 Daniel C. Devin, Esquire CERTIFICATE OF SERVICE This is to certify that on this 19th day of March, 2008, I have served a true and correct copy of Plaintiffs? Amended Civil Action Complaint upon the following via United States Mail with prepaid ?rst-class postage. Wayne Streibich, Esquire Pelino Lentz One Liberty Place, 32nd Floor 1650 Market Street Philadelphia, PA 19103 Sharon 0. Morgan, Esquire Fox LLP 919 North Market Street, Suite 1300 Williamgton, DE 1899?2323 Thomas J. Gregory, Esquire Murphy O?Connor, LLP Two Penn Center Plaza, Ste. 1100 1500 JFK Blvd. Philadelphia, PA 19102 James C. Oschal, Esquire Rosenn Jenkins Greenwald, LLP 15 South Franklin Street Wilkes-Barre, PA 18711 Daniel D. McCaffery, Esquire Friedman, Schuman, Applebaum Nemoeroff McCaffery, PC. 7848 Old York Road, Suite 200 Elkins Park, PA 19027 ReMax Millennium/Millennium Reality Services, LLC 767 Huntington Pike Huntington Valley, PA 19006 ATTN: LEGAL DEPARTMENT Daniel C. Levi}: Esquire Charles E. Schaffer, Esquire 510 Walnut Street, Suite 500 Philadelphia, PA 19106 215?592-1500 telephone 215-592-4663 facsimile