WICKS ET AL. v. MILZOCO BUILDERS, INC. ET AL.

Nos. 23, 24, 25 and 26 Tr. Dkt. 1975.

25 Pa.Commw. 340 (1976)

Robert B. Wicks and Lucy J. Wicks, Individually and as Parents and Natural Guardians of Jill, Geoffrey and Audrey Wicks, Minors, Appellants v. Milzoco Builders, Inc.; Carroll Builders, Inc.; R.L. Sheibley and Benjamin Breneman, trading as R.L. Sheibley Construction Co.; Georgian Hall Real Estate; Monroe Township; Eugene Cook; Chester Miller; Wesley Zollers; Scott Greenfield; Kenneth Miller; Charles Baker and Merle Wertz, Appellees. Charles J. Bauer and Ruth M. Bauer, Individually and as Parents and Natural Guardians of Ruth, Charles, John, Linda and Michelle Bauer, Minors, Appellants v. Milzoco Builders, Inc.; Carroll Builders, Inc.; R.L. Sheibley and Benjamin Breneman, trading as R.L. Sheibley Construction Co.; Georgian Hall Real Estate; Monroe Township; Eugene Cook; Chester Miller; Wesley Zollers; Scott Greenfield; Kenneth Miller; Charles Baker and Merle Wertz, Appellees. 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 Co.; Georgian Hall Real Estate; Monroe Township; Eugene Cook; Chester Miller; Wesley Zollers; Scott Greenfield; Kenneth Miller; Charles Baker and Merle Wertz, Appellees. William E. Lello and Linda J. Lello, Appellants v. Milzoco Builders, Inc.; Chester Miller; Wesley Zollers; Monroe Township; Kenneth Miller; Charles Baker and Merle Wertz, Appellees.

Commonwealth Court of Pennsylvania.

July 2, 1976.


Attorney(s) appearing for the Case

Richard C. Angino, with him Hurwitz, Klein, Benjamin & Angino, for appellants.

Richard C. Snelbaker, with him Martson and Snelbaker, for appellees, Monroe Township, Miller, Baker and Wertz.

William C. Costopoulas, Kollas & Costopoulas, Joseph G. Skelly, Ball & Skelly, Harold S. Irwin, and Irwin, Irwin & Irwin, for remaining appellees.

Argued January 5, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON JR., MENCER, ROGERS and BLATT.


OPINION BY PRESIDENT JUDGE BOWMAN, July 2, 1976:

Appellants, Charles J. and Ruth M. Bauer, are residents of Monroe Township in Cumberland County, who, in 1971, purchased a newly constructed house within a development known as Monroe Acres. On or about August 1, 1974, appellants filed a complaint in the Cumberland County Court of Common Pleas.1 Their major factual allegations recited the phenomenon and consequences of intense surface water...

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