Originally Posted By: Nick Gromicko
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CAROSELLA & FERRY, P.C.
JAMES J. MUNNIS, ESQUIRE
ATTORNEY I.D. NO. 69691
882 S. Matlack St., Suite 101 Attorney for Plaintiffs,
West Chester, PA 19382 Nick Gromicko and National Association
610-431-3300 of Certified Home Inspectors
NICK GROMICKO
and
NATIONAL ASSOCIATION OF CERTIFIED HOME INSPECTORS
Plaintiffs
vs.
JOE KELLY
and
PENNSYLVANIA HOME
INSPECTION COALITION
Defendants
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IN THE COURT OF COMMON PLEAS
CHESTER COUNTY, PA
No. ____________________
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
LAWYER REFERENCE AND INFORMATION SERVICE
Chester County Bar Association
15 West Gay Street
West Chester, Pennsylvania 19380
(610) 429-1500
CAROSELLA & FERRY, P.C.
By:
Date: _________________________ ____________________________________
JAMES J. MUNNIS, ESQUIRE
ATTORNEY I.D. NO. 69691
Attorney for Plaintiffs
CAROSELLA & FERRY, P.C.
JAMES J. MUNNIS, ESQUIRE
ATTORNEY I.D. NO. 69691
882 S. Matlack St., Suite 101 Attorney for Plaintiffs,
West Chester, PA 19382 Nick Gromicko and National Association
610-431-3300 of Certified Home Inspectors
NICK GROMICKO
518 Kimberton Road
Phoenixville, PA 19460 and
NATIONAL ASSOCIATION OF CERTIFIED HOME INSPECTORS
1220 Valley Forge Road
Building 47 - P.O. Box 987
Valley Forge, PA 19482-0987
Plaintiffs
vs.
JOE KELLY
156 Chapel Drive
Virginville, PA 19564 and
PENNSYLVANIA HOME
INSPECTION COALITION
187 Marlboro Road
Yardley, PA 19607
Defendants
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IN THE COURT OF COMMON PLEAS
CHESTER COUNTY, PA
No. ____________________
COMPLAINT
Plaintiffs, Nick Gromicko and National Association of Certified Home Inspectors (?NACHI?), by and through their attorneys, Carosella & Ferry, P.C., file the within Complaint and aver as follows:
1. Plaintiff Nick Gromicko (?Gromicko?) is an adult individual and President of
NACHI who resides at the captioned address.
2. Plaintiff NACHI is a Pennsylvania corporation with a place of business at the
captioned address.
3. Defendant Joe Kelly (?Kelly?) is an adult individual who resides at the captioned
address.
4. Defendant Pennsylvania Home Inspection Coalition (?PHIC?) is a business with a
place of business at the captioned address.
COUNT I - DEFAMATION
5. On or about October 8, 2002, Kelly and PHIC began sending e-mails to home
inspectors who are listed as members of NACHI stating that ?you should be aware that PHIC is actively pursuing the unethical, and illegal practices of NACHI. Membership in NACHI alone does not make you compliant with Pennsylvania law and you may be exposing yourself to increased liability and possible legal action? which statement blackened the reputation of the Plaintiffs and exposed the Plaintiffs to public hatred, contempt and ridicule and injured the Plaintiffs in the Plaintiffs? business and profession and did publish this slander, clearly applicable to the Plaintiffs, and clearly understandable to the recipients as being defamatory.
6. On or about October 9, 2002, Defendants sent e-mails to home inspectors stating,
among other things, ?NACHI is not compliant with PA law and does the consumer a disservice by providing a diploma mill? which statement blackened the reputation of the Plaintiffs and exposed the Plaintiffs to public hatred, contempt and ridicule and injured the Plaintiffs in the Plaintiffs? business and profession and did publish this slander, clearly applicable to the Plaintiffs, and clearly understandable to the recipients as being defamatory.
7. On or about December 21, 2002, Defendants sent e-mails to home inspectors,
stating, among other things, ?in browsing your web site I find you have chosen to lend credibility to an inspection association which is not compliant with PA Act 114? which statement blackened the reputation of the Plaintiffs and exposed the Plaintiffs to public hatred, contempt and ridicule and injured the Plaintiffs in the Plaintiffs? business and profession and did publish this slander, clearly applicable to the Plaintiffs, and clearly understandable to the recipients as being defamatory.
8. During the period in question, Defendants disseminated a false rumor that the
Attorney General of Pennsylvania had requested and/or required Plaintiffs to produce and submit various documents demonstrating compliance with state laws, and that Plaintiffs have so far refused to comply, which statement blackened the reputation of the Plaintiffs and exposed the Plaintiffs to public hatred, contempt and ridicule and injured the Plaintiffs in the Plaintiffs? business and profession and did publish this slander, clearly applicable to the Plaintiffs, and clearly understandable to the recipients as being defamatory.
9. On or about December 28, 2002, Defendants contacted and made statements to
Gromicko?s employer, local politicians, members of NACHI, business partners, family members, co-workers, other associations to which Gromicko is associated, realtors, clients, companies Gromicko and NACHI have a business relationship with, and members of Gromicko?s church, which statements blackened the reputation of the Plaintiffs and exposed the Plaintiffs to public hatred, contempt and ridicule and injured the Plaintiffs in the Plaintiffs? business and profession and did publish this slander, clearly applicable to the Plaintiffs, and clearly understandable to the recipients as being defamatory.
WHEREFORE, Plaintiffs Nick Gromicko and National Association of Certified Home Inspectors demand judgment in their favor and against Defendants Joe Kelly and Pennsylvania Home Inspection Coalition in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with the costs of this action.
COUNT II - PUNITIVE DAMAGES
10. The Defendants? actions of publishing multiple times slanderous information
about the Plaintiffs that was untrue constitute intentional and/or reckless indifference to the rights of Plaintiffs in such an egregious manner as to justify the imposition of punitive damages.
WHEREFORE, Plaintiffs Nick Gromicko and National Association of Certified Home Inspectors demand judgment in their favor and against Defendants Joe Kelly and Pennsylvania Home Inspection Coalition in an amount in excess of Fifty Thousand Dollars ($50,000.00), together with the costs of this action.
Respectfully submitted,
CAROSELLA & FERRY, P.C.
By:
Date:_________________ ______________________________
JAMES J. MUNNIS, ESQUIRE
Attorney for Plaintiffs I.D.#69691
VERIFICATION
I, NICK GROMICKO, hereby state that I am the President of the within-named Plaintiff, National Association of Certified Home Inspectors, and as such, am authorized to sign this Verification on its behalf and I hereby swear, attest and affirm that I am sufficiently familiar with the facts contained herein to say that they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ? 4904 relating to unsworn falsification to authorities.
Dated: ____________________ ____________________________________
NICK GROMICKO, President
National Association
of Certified Home Inspectors
VERIFICATION
I, NICK GROMICKO, hereby state that I am the within-named Plaintiff, an adult individual, and as such, am authorized to sign this Verification and I hereby swear, attest and affirm that I am sufficiently familiar with the facts contained herein to say that they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ? 4904 relating to unsworn falsification to authorities.
Dated: ____________________ ____________________________________
NICK GROMICKO, an adult individual