WICKS v. MILZOCO BUILDERS, INC.


291 Pa.Super. 345 (1981)

435 A.2d 1260

Robert B. WICKS and Lucy J. Wicks, Individually and as parents and natural guardians of Jill, Geoffrey and Audrey Wicks, Minors and Charles J. Bauer and Ruth M. Bauer, Individually and as parents and natural guardians of Ruth, Charles, John, Linda and Michelle Bauer, Minors and Donald L. Sheriff and Pamela K. Sheriff, Individually and as parents and natural guardians of Michael Sheriff, A Minor, Appellants, v. MILZOCO BUILDERS, INC., Carroll Builders, Inc., R.L. Sheibley and Benjamin Breneman, Trading as R.L. Sheibley Construction Company, Michael A. Serluco and Benjamin Breneman, d/b/a Georgian Hall Real Estate, Eugene Cook, Chester Miller, Wesley Zollers, Scott Greenfield and John C. Brilhart. William E. LELLO and Linda J. Lello, Appellants, v. MILZOCO BUILDERS, INC., Carroll Builders, Inc., R.L. Sheibley and Benjamin Breneman, Trading as R.L. Sheibley Construction Company, Eugene Cook, Chester Miller, Wesley Zollers, and John C. Brilhart.

Superior Court of Pennsylvania.

Filed October 16, 1981.

Petition for Allowance of Appeal Granted January 7, 1982.


Attorney(s) appearing for the Case

Richard C. Angino, Harrisburg, for appellants.

Harold S. Irwin, Jr., Carlisle, for Milzoco, Carroll, Cook, Miller and Zollers, appellees.

Robert J. Stewart, York, did not file a brief on behalf of Sheibley, Breneman and Sheibley Const., appellee.

Jerry Duffie, Carlisle, did not file a brief on behalf of Serluco and Georgian Hall Real Estate, appellees.

John M. Eakin, Mechanicsburg, for Brilhart, appellee.

Before SPAETH, HESTER and CAVANAUGH, JJ.


HESTER, Judge:

These appeals are taken from Orders of the Court of Common Pleas of Cumberland County sustaining preliminary objections to appellants' complaints.

Appellants are four homeowners in a development known as "Monroe Acres". Appellees are the developers of "Monroe Acres", Milzoco Builders, Inc., the builders of the four homes, Carroll Builders, Inc., and Sheibley Construction Company; the real...

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