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FINDLAY TOWNSHIP v. RYAN HOMES (07/03/80)

filed: July 3, 1980.

FINDLAY TOWNSHIP
v.
RYAN HOMES, INC., KENMAWR DEVELOPMENT COMPANY AND DUQUESNE LIGHT COMPANY V. L. ROBERT KIMBALL, D/B/A L. ROBERT KIMBALL & ASSOCIATES, CONSULTING ENGINEERS AND ARCHITECTS, AND METZ CONTRACTING, INC., A CORPORATION. APPEAL OF RYAN HOMES, INC.



No. 369 April Term, 1979, No. 417 April Term, 1979, Appeal from the Order Entered March 27, 1979 of the Court of Common Pleas of Allegheny County, Civil Division, at No. GD75-27949., Appeal from the Order Entered April 30, 1979 of the Court of Common Pleas of Allegheny County, Civil Division, at No. GD75-27949.

COUNSEL

William J. Chapas, Pittsburgh, for Ryan Homes, appellant.

Frank Kernan, Pittsburgh, for Findlay Township, appellee.

T. Lawrence Palmer, Pittsburgh, for Kenmawr and Duquesne, appellees.

John H. Riordan, Jr., Pittsburgh, for Kimball, appellee.

Gary P. Hunt, Pittsburgh, for Metz, appellee.

Cercone, President Judge, and Montgomery and Lipez, JJ.

Author: Montgomery

[ 279 Pa. Super. Page 296]

These two appeals were taken by appellant, Ryan Homes, Inc., from separate orders sustaining the preliminary objections of additional defendants, L. Robert Kimball and Metz Contracting, Inc. and striking the additional New Matter of appellant, Ryan Homes, Inc.

The procedural facts relevant to this appeal are as follows: On August 2, 1976, plaintiff, Findlay Township, filed a

[ 279 Pa. Super. Page 297]

    complaint in Assumpsit and Trespass, naming Ryan Homes, Inc., (Ryan) Kenmawr Development Company, (Kenmawr) and Duquesne Light Company as defendants. Kenmawr was developer of the Westbury Plan in Findlay Township and Ryan was the home builder for that plan. During construction of the homes, Ryan constructed sanitary sewer line laterals and connected them with trunk lines constructed by Kenmawr in the public right of way. Findlay Township now complains that the system malfunctioned because of defects and deficiencies as a result of which its sewer system is receiving excess infiltration. The Township seeks damages to make corrections and for engineering costs.

On November 16, 1976, original defendant, Kenmawr, by way of complaint, joined L. Robert Kimball, d/b/a Robert Kimball and Associates, (Kimball) and Metz Contracting, Inc. (Metz) as additional defendants on the theory that if the trunk lines were defective, that these defects were caused by ...


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