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Home My WebLink About08-2220 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 By: Robert W. Melick, Esquire Attorney I.D. 205972 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ARMITAGE SQUARE HOMEOWNERS ASSOCIATION 1300 Market Street Suite 101 Attorneys for Plaintiff, Armitage Square Homeowners Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lemoyne, PA 17043 Plaintiff, V. CLASSIC COMMUNITIES, INC. 2151 Linglestown Road Suite 300 Harrisburg, PA 17110 : CIVIL ACTION - LAW JURY TRIAL DEMANDED NO.-'? ?flr•? °d'tr? Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, entering a written appearance personally or by attorney and filing and writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 By: Robert W. Melick, Esquire Attorney I.D. 205972 Wheatland Place 941 Wheatland Avenue, Suite 402 Attorneys for Plaintiff, Lancaster, PA 17603 Armitage Square Homeowners Association ARMITAGE SQUARE HOMEOWNERS IN THE COURT OF COMMON ASSOCIATION PLEAS OF CUMBERLAND 1300 Market Street COUNTY, PENNSYLVANIA Suite 101 Lemoyne, PA 17043 Plaintiff, V. CIVIL ACTION - LAW CLASSIC COMMUNITIES, INC. JURY TRIAL DEMANDED 2151 Linglestown Road Suite 300 NO. Q g- a Q c a•+ ? Harrisburg, PA 17110 : Defendant. COMPLAINT Plaintiff Armitage Square Homeowners Association ("Association"), by and through its undersigned counsel, Woolford Law, P.C., hereby files this Complaint against Defendant Classic Communities, Inc. ("Classic"), and in support thereof, avers as follows: Parties The Association is comprised of the thirty-six (36) homeowners who reside in the Armitage Square Community ("Community"). 2. Upon information and belief, Classic is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with an address and principal place of business located at 2151 Linglestown Road, Suite 300, Harrisburg, Pennsylvania 17110. 2 Jurisdiction and Venue 3. This Court has subject matter jurisdiction over all claims set forth in this Complaint and has personal jurisdiction over Classic. Venue is proper in this Court pursuant to Pa.R.C.P. 1006(a) because Cumberland County is the county in which a transaction or occurrence took place out of which the cause of action arose. Factual Background 4. In the Spring of 2004, GGF Partnership ("GGF") began to develop the Community. 5. GGF subdivided the parcel to accommodate single-family homes. 6. On or about August, 2004, GGF sold the land to Classic. 7. Soon thereafter, Classic began constructing homes and sidewalks at a rate commensurate with sales. 8. It concluded its construction on or about August, 2006. 9. Classic also sold the homes it built to individual homeowners. 10. The residents of the Community formed the Association shortly after they purchased their homes. 11. The residents formed the Association to represent the joint interests of the individual homeowners in the Community. 12. Each of the Association's members resides in his or her home. 13. In the Spring of 2007, the residents discovered defective concrete on the sidewalks outside their homes. 14. Most of the Community's sidewalks are plagued by excessive cracking and scaling. 3 15. When the Association brought the defects to Classic's attention, Classic admitted that improper installation methods or techniques may have caused the cracking and scaling. 16. The cracking and surface scaling were not caused by application of de-icing chemicals because the de-icing agents used are not of the type which cause surface deterioration and, in any event, properly designed and placed concrete can withstand de-icers for many years. 17. The sidewalks in the Community currently contain structural and visual defects. 18. The cost to remove the defective sidewalks and to replace them will exceed $50,000. Count I - Breach of Implied Warranty of Workmanship 19. The Association incorporates Paragraph Nos. 1 through 18 as if set forth fully herein. 20. Classic is a builder-vendor under Pennsylvania law, because it both built and sold the homes and attendant sidewalks. 21. Under Pennsylvania law, an implied warranty of workmanship accompanies the sale of a new home by a builder-vendor. 22. Classic represented that the property is constructed in a reasonably workmanlike manner and that it is fit for the purpose intended. 23. Classic did not construct the property in a reasonably workmanlike manner. 24. The excessive cracking and the scaling present on the sidewalks renders them unfit for the purpose intended. 25. Each member of the Association suffered immediate injury as a result of Classic's breach of implied warranty of workmanship. 4 WHEREFORE, Armitage Square Homeowners Association respectfully demands judgment against Classic Communities, Inc. in excess of $50,000, together with attorneys' fees, costs of suit and other such relief as the Court deems just and proper. Respectfully submitted, WOOLFORD LAW, P.C. By: Timothy J. Woolford Attorney I.D. 78941 Robert W. Melick Attorney I.D. 205972 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: 717-290-1190 F: 717-290-1196 Attorneys for Plaintiff, Armitage Square Homeowners Association 5 VERIFICATION I, Matthew Crocker, verify I am the President of the Armitage Square Homeowners' Association and as such I am authorized to make this Verification; that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. I //A//9 M ? A/, / Matthew Crocker Date; Fy 9 i E? + UT `? oQ g- W P 0 0 T' Q Y SHERIFF'S RETURN - OUT OF COUNTY { CASE NO: 2008-02220 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ARMITAGE SQUARE HOMEOWNERS A VS CLASSIC COMMUNITIES INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CLASSIC COMMUNITIES INC but was unable to locate Them deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 16th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answer Docketing 18.00 -??'.,'- J.. Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 11 Sheriff of Cumberland County Postage 8 72.83 04/16/2008 WOOLFORD LAW PC Sworn and subscribe to before me this day of , A. D. ' In The Court of Common Pleas of Cumberland County, Pennsylvania Armitage Square Homwownsrs Association vs. Classic Camiunities Inc 08-2220 civil No. Now, April -8, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA $ .1 t1i 1r Mary Jane Snyyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin ARMITAGE SQUARE HOMEOWNERS ASSOCIATION VS CLASSIC COMMUNITIES INC. Sheriffs Return No. 2008-T-0790 OTHER COUNTY NO. 08-2220 And now: APRIL 11, 2008 at 8:37:00 AM served the within NOTICE & COMPLAINT upon CLASSIC COMMUNITIES INC. by personally handing to BEV MAGAUK 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 2151 LINGLESTOWN ROAD SUITE 300 HARRISBURG PA 17110 VICE PRESIDENT Sworn and subscribed to before me this 11TH day of April, 2008 A7?/ NOTARIAL SEAL Fm'y RY JANE SNYDER, Notary Publi H;ghspire, Dauphin County Commission Expires Se 1, 2010 0 So Answers, ? )(? ?? Sheriff of Dawn, County, Pa. By ?? ;? Deputy Sheriff Deputy: T STRUBHAR Sheriffs Costs: $35.25 4/10/2008 SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 31d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pg?ocl?Nsas11}?. cgm. Darryl J. Liguori, Esquire tliguori a)sasllp_com Attorneys for Defendant ARMITAGE SQUARE IN THE COURT OF COMMON PLEAS OF HOMEOWNERS ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 08-2220 CIVIL TERM V. : CIVIL ACTION - LAW CLASSIC COMMUNITIES, INC., Defendant. JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Armitage Square Homeowners Association, c/o Timothy J. Woolford, Esquire Woolford Law, P.C. Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 Attorney for Plaintiff You are hereby advised to file a written response to the enclosed Defendant's Answer with New Matter to Plaintiffs Complaint within twenty (20) days from service hereof, or judgment may be entered against you. SMIGEL, ANDERSON & SACKS, L.L.P. Date: J-/C?01 By: Peter M. Good, Es ire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, P Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire C?g??d a saA.P .cam Darryl J. Liguori, Esquire dIiggpriCusastlp.c m Attorneys for Defendant ARMITAGE SQUARE HOMEOWNERS ASSOCIATION, Plaintiff, V. CLASSIC COMMUNITIES, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-2220 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW COMES Defendant Classic Communities, Inc., by and through its attorneys, Smigel, Anderson & Sacks, LLP, to file the foregoing Answer with New Matter to Plaintiffs Complaint and avers in support as follows: Parties 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. Jurisdiction and Venue Factual Backeround 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 14. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 15. Denied. To the contrary, Defendant was not informed of any such defects. Furthermore, Defendant did not make any admission whatsoever that improper installation methods or techniques were used. Strict proof thereof, if relevant, is demanded at the time of trial. 16. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 2 Count I - Breach of the Implied Warranty of Workmanship 19. This is an incorporation paragraph to which no responsive pleading is required. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 21. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 22. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 23. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 24. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 25. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendant respectfully request this Honorable Court to dismiss Plaintiff's Count and enter judgment in its favor and against the Plaintiff together with any costs associated therewith. 3 NEW MATTER 26. Defendant incorporates the above paragraphs as if the same were fully set forth herein. 27. Plaintiffs Complaint fails to state a claim for Breach of Implied Warranty against Defendant for which relief can be granted. 28. Plaintiff has failed to properly allege damages. 29. Plaintiff has failed to properly mitigate its damages. 30. Plaintiffs claims maybe barred by the doctrines of waiver and estoppel. 31. Plaintiffs claims are barred in whole or in part by a Limited Warranty covering the work that Defendant completed. 32. Hampden Township inspected the streets and sidewalks at issue after their construction and prior to their release and dedication by the Township. 33. All issues regarding the concrete used in the sidewalks were resolved prior to the dedication of the streets and sidewalks by the Township. 34. No deficiencies were noted in the streets and the sidewalks prior to the approval of the work done by the Defendant. 35. On information and belief, a salt truck overturned on February 10, 2008. This may have caused damage to the concrete in the sidewalks. 36. Several separate sub-contractors were used to construct the streets and sidewalks at issue and may be liable in whole or in part for any damages claimed by Plaintiff. 37. Removing and replacing the allegedly defective sidewalks at an estimated cost of over $50,000 is too drastic a measure and is not a proper measure of damages for breach of warranty under Pennsylvania law. 4 38. Any cracks in the sidewalks are part of normal wear and tear and are not the result of any alleged defective installation. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Count and enter judgment in its favor and against the Plaintiff together with any costs associated therewith. SMIGEL, ANDERSON & SACKS, L.L.P. Date: By: M Peter M. Good, Es uire I.D. Number: 64316 Darryl J. Liguori, Esquire I.D. Number: 91715 River Chase Office Center 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff 5 May 06 08 10:48a IMAY-06-08 I0;39AM FROW ARMITAGE SQUARE HOMEOWNERS ASSOCIATION, Plaintiff, V. CLASSIC COMMUNITIES, INC., Defendant, p.8 T-519 P.008/009 P-287 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVAINrIA NO. 08-2220 CIVIL TERM Crv'1L ACTION - LAW JURY TRIAL DLNIANDED VF,RMCATI I, Doug Halbm verify that the statements contained in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. 1 understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsif cation to authorities. Dare: `"D0 ug Halb ARMITAGE SQUARE IN THE COURT OF COMMON PLEAS OF HOMEOWNERS ASSOCIATION, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 08-2220 CIVIL TERM V. CIVIL ACTION - LAW CLASSIC COMMUNITIES, INC., Defendant. JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, hereby certify that on this date I have served a true and correct copy of Answer with New Matter upon the parties as addressed below by depositing the same in the U.S. Mail, first class, postage prepaid: Timothy J. Woolford, Esquire Woolford Law, P.C. Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 Attorney for Plaintiff Date: ?CJQ b By: SMIGEL ANDERS & SACKS, LLP Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID # 91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ra Q :?s . ri , ?f ?.? rn r ? ?'? -< ? ? ? cn a:: _? r? i _? ?.?, -v ? _.,.??, ?t-, x• ? ? ? WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 By: Robert W. Melick, Esquire Attorney I.D. 205972 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 ARMITAGE SQUARE HOMEOWNERS ASSOCIATION 1300 Market Street Suite 101 Attorneys for Plaintiff, Armitage Square Homeowners Association IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lemoyne, PA 17043 Plaintiff, V. NO. 08-2220 CIVIL ACTION - LAW CLASSIC COMMUNITIES, INC. 2151 Linglestown Road Suite 300 Harrisburg, PA 17110 Defendant. : JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT CLASSIC COMMUNITIES INC. AND NOW, comes Plaintiff, Armitage Square Homeowners Association ("Association"), by and through its undersigned counsel, Woolford Law, P.C., who hereby files this Reply to New Matter as follows: 26. No responsive pleading is required. 27. Denied. The allegation contained within paragraph No. 27 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. 28. Denied. The allegation contained within Paragraph No. 28 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. By way of further answer, the Association has properly alleged damages for its breach of implied warranty of workmanship claim. 29. Denied. The allegation contained within Paragraph No. 29 constitutes a conclusion of law to which no response is necessary and is therefore deemed denied. 30. Denied. The allegations contained within Paragraph No. 30 constitute conclusions of law to which no response is necessary and are therefore deemed denied. 31. Denied. The allegations contained within Paragraph No. 31 refer to a writing which speaks for itself and is therefore deemed denied. 32. Admitted. 33. Admitted in part, denied in part. It is admitted that at the time the sidewalks and streets were dedicated by the Township, there were no substantial visible defects in the sidewalks. However, shortly thereafter, the sidewalks began to crack throughout the development. Classic was responsible for the placement of below industry-standard concrete, which caused the cracking of the sidewalks. 34. After reasonable investigation, the Association is without sufficient information to admit or deny the averments contained within Paragraph No. 34, therefore such averments are deemed denied. 35. Admitted in part, denied in part. It is admitted that a salt truck overturned within the development on February 10, 2008. However, it is denied that this event caused damage to the sidewalks. By way of further answer, the cracking can be observed in portions of the development that are located nowhere near the location of the overturned salt truck. 36. After reasonable investigation, the Association is without sufficient information to admit or deny the averments contained within Paragraph No. 36 and therefore such averments shall be deemed denied. 37. Denied. The allegations contained within Paragraph No. 37 constitute conclusions of law to which no response is necessary and are therefore deemed denied. By way of further answer, Classic breached its implied warranty of workmanship when it installed the sidewalks. Therefore, Classic is liable to the Association for the costs to remove and replace the defective sidewalks with conforming sidewalks. 38. Denied. The Association specifically denies the allegations contained within Paragraph No. 38. By way of further answer, Classic did not construct the sidewalks in a reasonably workmanlike manner. The sidewalks are not fit for the purpose intended. WHEREFORE, Armitage Square Homeowners Association respectfully requests that this Court enter judgment in favor of Armitage Square Homeowners Association and against Classic Communities, Inc., together with attorneys' fees, costs of suit and such other relief as the Court deems just and proper. WOOLFORD LAW, P.C. By: ? ?- Timothy J. Woolford Attorney I.D. 78941 Robert W. Melick Attorney I.D. 205972 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: 717-290-1190 F: 717-290-1196 CERTIFICATE OF SERVICE I, Robert W. Melick, an Attorney with Woolford Law, P.C., certify that on this date I served a true and correct coy of the foregoing Plaintiffs Reply to New Matter of Defendant Classic Communities, Inc. upon the following party, by depositing the same in the United States mail, postage prepaid, addressed as follows: Peter M. Good, Esquire Darryl J. Liguori, Esquire Smigel, Anderson & Sacks, L.L.P. 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant Robert W. Melick Dated: May 27, 2008 r? I t W r ` ` _ i r