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Bessinger v. Indian Valley Greenes, Inc.

United States District Court, E.D. Pennsylvania

November 14, 2013

RAYMOND BESSINGER, et al., Plaintiffs,
v.
INDIAN VALLEY GREENES, INC., et al., Defendants

Decided: November 13, 2013.

For RAYMOND BESSINGER, SHERRY BESSINGER, DANIEL CARR, BARBARA CARR, MARION FORR, DONALD FROST, MARY FROST, KENNETH GETTY, CAROL GETTY, DEBORAH JANFRANCISCO, ROBERT G. LUDWIG, L. RONALD OFFNER, MICHAEL PAGLAICCETTO, ALBERT PLATT, BONNIE PLATT, MICHAEL ROBERTS, EVELYN PAGLAICCETTO, BARBARA ROBERTS, Plaintiffs: EDWARD J. CARREIRO, JR., LEAD ATTORNEY, COLMAR, PA.

For INDIAN VALLEY GREENES, INC., INDIAN VALLEY GREENES, L.P, KENNETH GROSSE, JR., INDIVIDUALLY, KENNETH GROSSE DEVELOPMENT, KENNETH GROSSE DEVELOPMENT GROUP, GROSSE DEVELOPMENT CO., Defendants: RONALD L. WILLIAMS, LEAD ATTORNEY, FOX ROTHSCHILD, LLP, EXTON, PA; BRETT ADAM BERMAN, MELISSA DOLIN, FOX ROTHSCHILD LLP, PHILADELPHIA, PA.

For RICHARD QUADE, JR., QUADE HOMES, QUADE CONSTRUCTION CO., C RICHARD QUADE, JR, INDIVIDUALLY, QUADE CONSTRUCTION COMPANY, INC., D/B/A QUADE HOMES, Defendants: RANDY T. BURCH, LEAD ATTORNEY, FORRY ULLMAN ULLMAN & FORRY, PC, READING, PA.

For GROSSE AND QUADE, INC., D/B/A CENTURY ALLIANCE-LANSDALE, Defendant: DAVID A. YAVIL, LEAD ATTORNEY, SEGAL MCCAMBRIDGE SINGER & MAHONEY LTD, PHILADELPHIA, PA; WALTER H. SWAYZE, III, LEAD ATTORNEY, SEGAL, MCCAMBRIDGE, SINGER & MAHONEY, PHILADELPHIA, PA.

OPINION

Page 567

MEMORANDUM

GENE E.K. PRATTER, United States District Judge.

Plaintiffs, all purchasers of homes in the same adult residential community, bring a number of state law claims, as well as one federal claim, against the sellers and builders of the homes they purchased. Essentially, Plaintiffs claim that the Defendants made promises with respect to the quality of the constructed homes that they never intended to keep. Defendants have all moved to dismiss the Complaint. [1] Their motions will be granted.

Factual and Procedural Background

This case arises out of the development and sale of homes in Indian Valley Greenes, an adult residential community located in Montgomery County, Pennsylvania. Plaintiffs each entered into independent Agreements of Sale (" Agreements" ) with Indian Valley Greenes, LP (" Indian Valley" ) for the purchase of homes in the development. Defendants are various entities responsible for the construction, development, and/or sale of the homes. Plaintiffs seek compensation for damages sustained to the homes from alleged construction defects and for allegedly making representations, guarantees, and promises that the Defendants allegedly never intended to keep regarding construction of the homes.

The Complaint advances nine claims: (1) Interstate Land Sales Full Disclosure Act (" the Disclosure Act" ), (2) fraud, (3) Pennsylvania Unfair Trade Practices and Consumer Protection Law, (4) breach of contract, (5) breach of implied covenant of good faith and fair dealing, (6) breach of implied warranty of habitability, (7) breach of express warranty of habitability, (8)

Page 568

breach of express warranty of workmanship, and (9) negligence. The Disclosure Act claim provides the sole basis for federal subject matter ...


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