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ROBERT B. WICKS AND LUCY J. WICKS v. MILZOCO BUILDERS (10/16/81)

filed: October 16, 1981.

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



No. 385 PHILADELPHIA, 1980, No. 386 PHILADELPHIA, 1980, Appeals from Orders of the Court of Common Pleas of Cumberland County, Civil-Trespass, Nos. 216/218 and 219 of 1976.

COUNSEL

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.

Spaeth, Hester and Cavanaugh, JJ.

Author: Hester

[ 291 Pa. Super. Page 348]

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 estate agency through which appellants purchased the homes, Georgian Hall Real Estate; the surveyor who laid the plans for "Monroe Acres", John Brilhart and the individuals comprising, Milzoco Builders, Inc., Carroll Builders, Inc., and Sheibley Construction Company.

Milzoco Builders, Inc., purchased 60 acres of land in 1969 in order to develop a 120 unit housing plan.

John Brilhart was commissioned by Milzoco to survey the land and lay the plans for each 1/2 acre lot.

These lots were then sold to builders (instantly "Carroll Builders" and "Sheibley Construction") who would construct ...


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