Attorney wants residential property damage case sent to Montgomery County

By Nicholas Malfitano | Feb 26, 2016

Montgomery County Court of Common Pleas  

PHILADELPHIA – Defense counsel in a residential property damage case is seeking to transfer the case to the Montgomery County Court of Common Pleas.

Adam M. Smith filed a motion to transfer on Aug. 26, seeking to move Jason and Emily Konn’s lawsuit against Merle J. Foglia, Joe Burke, Berkshire Hathaway Home Services, Dan Keogh and Peach Inspections. Smith claimed the cause of action took place in Montgomery County and all parties involved reside there, and the only connection to Philadelphia is through business contacts on unrelated matters.

A hearing in this matter was set for this past Tuesday in Court chambers, at Philadelphia City Hall.

The motion to transfer has been assigned to Judge John M. Younge of the Philadelphia County Court of Common Pleas, as of Thursday.

In early May 2014, the Konns entered into an agreement to purchase a home in Lafayette Hill from Foglia. On May 15, 2014, a home inspection of the property was performed by Dan Keogh of Peach Inspections, which labeled the property as being in order.

On Aug. 15, 2014, the Konns purchased the home from Foglia for $405,000, with defendants Joe Burke and Berkshire Hathaway Home Services acting as agents for the sale. At the time of the sale, Foglia had lived in the house for more than 30 years.

In the spring of 2015, the Konns retained Artisan Services to convert the home’s lower level into an in-law suite. During this renovation process, the plaintiffs learned of the home’s “significant history” of water infiltration – despite a contrary portrayal on the seller’s disclosure form and through the earlier home inspection, they claim.

At the time of the renovation, it was noticed portions of the interior wall were recently replaced, and showed that water damage extended to the side of the house and its walls, they allege. The Konns claim the defendants actively worked to conceal this water damage, and are suing for fraud-intentional concealment, intentional misrepresentation, a breach of the Uniform Trade Practices and Consumer Protection Law (UTPCPL) and negligence.

The plaintiffs are seeking damages in excess of $50,000, plus interest, costs of suit, attorney’s fees and other relief in this case.

The plaintiffs are represented by Gregory A. Smith and Shannon B. Stewart of the Law Office of Gregory A. Smith, in Philadelphia.

The defendants are represented by Smith of Reger Rizzo & Darnall and Ann M. Mullen in Philadelphia, Andrew S. Abramson in Blue Bell and Joel B. Albert in Bala Cynwyd.

Philadelphia County Court of Common Pleas case 150501585

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at

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