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THEODORE GROFF AND DENISE GROFF v. PETE KINGSLEY BUILDING (03/08/88)

submitted: March 8, 1988.

THEODORE GROFF AND DENISE GROFF, H/W, APPELLANTS,
v.
PETE KINGSLEY BUILDING, INC. V. H. GLENN ESBENSHADE AND LESLIE L. WITMER, T/A G & L DEVELOPERS, REALTY TRADE AND EQUITY COMPANY OF LANCASTER, PENNSYLVANIA, WARREN WEABER, INC., J.K. TOWERS AND THE TOWNSHIP OF EAST HEMFIELD V. B.R. KREIDER & SON, INC., APPELLEES



Appeal from the Order of the Court of Common Pleas of Lancaster County, Civil at No. 2837 of 1986.

COUNSEL

Paul W. Grego, Lancaster, for appellants.

John L. Sampson, Lancaster, for Pete Kingsley, appellee.

James R. Adams, Lancaster, for H. Glenn Esbenshade and Witmer, appellees.

Jefferson C. Crosby, Lancaster, for Realty Trade and Warren Weaber, appellees.

James H. Thomas, Lancaster, for J.K. Towers and East Hempfield Tp., appellees.

George H. Eager, Assistant District Attorney, Lancaster, for B.R. Kreider, appellees.

Rowley, Wieand and Montemuro, JJ.

Author: Montemuro

[ 374 Pa. Super. Page 379]

This is an appeal from an order of the Court of Common Pleas of Lancaster County dismissing appellant's amended complaint on appellee's motion for judgment on the pleadings.

Appellants, Theodore and Denise Groff, purchased a tract of land in Lancaster County through the agent of a land developer. Thereafter, in October of 1982, appellants contracted in writing with appellee, Pete Kingsley Builder, Inc., to construct a new house on the tract of land. Appellants took possession of the completed house on February 1, 1983.

On September 3, 1986, appellants instituted suit against the appellee, Pete Kingsley Builder, Inc. Appellants contended in their Complaint that appellee had negligently constructed their house ". . . in complete contravention of the plans and authorizations from the Plaintiffs, said construction also below the standards within the building industry . . ." R.R. at 3a. Appellants listed the following structural problems existing in their completed house which they claimed were caused by appellee's negligent construction:

A. The outside basement wall has developed large cracks;

B. The basement floor has developed large cracks;

C. The front stoop/door area is completely misaligned, resulting in it being almost impossible to open and close the front door;

D. Larger than normally expected drywall cracks have developed throughout the house;

E. The french doors are completely misaligned, thereby making it almost impossible to open and close them . . .

Id. Appellants also included a breach of contract claim in their Complaint, averring that the "actions and/or omissions by the Defendant caused an utter breach of the Contract . . ." R.R. at 4a. Appellants attached to their Complaint a document which they identified as their ...


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