Montana v. Oakford Wood Homeowners Ass'n

29 Pa. D. & C.5th 286
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedApril 1, 2013
DocketNo. 2012-CV-236
StatusPublished

This text of 29 Pa. D. & C.5th 286 (Montana v. Oakford Wood Homeowners Ass'n) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montana v. Oakford Wood Homeowners Ass'n, 29 Pa. D. & C.5th 286 (Pa. Super. Ct. 2013).

Opinion

MINORA, J.,

The issue before the court is defendant’s motion for leave to join additional defendant Scranton Craftsman. For the reasons that follow, the motion is granted.

HISTORY OF THE CASE

This case arises from a sewer line leading from the Montana home becoming backed up resulting in property damage to the home on January 19, 2010. Plaintiffs’ complaint, filed on June 4, 2012, alleges that during the repairs and cleanup it was determined that the sewer line leading to plaintiffs’ home had not been properly connected [288]*288or constructed in the street allowing for a leak and backup of the sewage into the home. The complaint alleges that damage and losses in the amount of $19,134.88 were incurred by plaintiffs.

On November 13, 2012, defendants David M. Epstein and Waverly Development Associates, Inc. filed a motion for leave of court to join Scranton Craftsmen, Inc. as an additional defendant. Defendants assert that it was not until the suit was commenced and the specific details of the incident were discovered that moving defendants’ learned that the general contractor for the Oakford Woods Development, Scranton Craftsmen, Inc., could possibly be held responsible. Defendants contend that if the incident occurred as alleged by plaintiffs, then the incident was due in whole or in part to the acts and/or omissions of Scranton Craftsmen, Inc., who was responsible for the installation and maintenance of the sewer system. Moving defendants also claim that there will be no unfair prejudice or hardship on any of the parties to this claim, or Scranton Craftsmen, Inc. should the joinder be allowed. Plaintiffs filed a response to defendants’ motion to join additional defendant on January 10, 2013. Plaintiffs concur with defendants request to join Scranton Craftsmen, Inc. as an additional defendant in this matter.

Scranton Craftsmen, Inc. filed a brief opposing the motion of defendants Epstein and Waverly Development for leave of court to join on February 4, 2013. Scranton Craftsmen argues that the proposed joinder should be stricken as out of time. Craftsmen claims that the parties knew who the general contractor was at the time the [289]*289complaint was filed because they where both parties to the agreement dated thirteen years ago. Craftsmen asserts that because of this there is no reasonable excuse for the delay in commencing the joinder proceedings. Furthermore, Craftsmen claims that defendants have failed to prove that their proposed joinder is based upon proper grounds and that this delay is prejudicial to Craftsmen in that it impairs their ability to investigate what company or entity did any work on the plaintiffs’ home and sewer system back in January of 2010.

LEGAL STANDARD

Pennsylvania Rule of Civil Procedure 2253 states:

“(a) Except as provided by Rule 1041.1 (e), neither a praecipe for writ to join an additional defendant nor a complaint if the joinder is commenced by complaint, shall be filed later than (1) sixty (60) days after the service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof, or (2) the time for filing the joining party’s answer as established by Rule 1026, Rule 1028 or order for the court, whichever is later, unless such filing is allowed by order of the court or by the written consent of all parties approved by and filed with the court.”

Pa. R.C.P. 2253.

Under Pennsylvania case law, whether there is sufficient cause to allow late joinder of an additional defendant is a matter within the sound discretion of the trial court. Mutual Industries, Inc. v. Weinberg, 423 Pa. Super. 328, 621 A.2d 140, 143 (1993). Joinder should be granted [290]*290when it can simplify and expedite the disposition of the matters involving numerous parties without subjecting the original plaintiff to unreasonable delay in the prosecution of his portion of the litigation. Lawrence v. Meeker, 717 A.2d 1046, 1048 (Pa. Super. 1998) (quoting Zakian v. Liljestrand, 438 Pa. 249, 256, 264 A.2d 638, 641 (1970)). Although the court may consider the potential prejudice to the proposed additional defendant, the limitations on joinder are primarily intended to protect a plaintiff from being unduly delayed in prosecuting his action. Lawrence at 1048. Herein the plaintiff concurs in moving defendants’ motion to join.

Prior to 2005, Pennsylvania Rule of Civil Procedure 2253 provided that the joinder of an additional defendant had to be filed no “later than sixty (60) days after the service upon the original defendant of the initial pleading of the plaintiff or any amendment thereof unless such filing is allowed by the court upon cause shown.” Prime Properties Development Corporation v. Binns, 397 Pa. Super, at 499, 580 A.2d at 408 (1990). When requesting a belated joinder under former Rule 2253, the party seeking to join an additional defendant was required to show (1) that joinder was based on proper factual grounds of potential liability, (2) that some reasonable excuse existed for the delay in filing the joinder request, and (3) that the late joinder would not be prejudicial to the plaintiff or the proposed additional defendant. Kovalesky v. Esther Williams Swimming Pools, 345 Pa. Super. 95, 103, 497 A.2d 661, 665 (1985). Under the prior practice, the burden of demonstrating sufficient “cause” to allow late joinder of an additional defendant rested with the defendant, who [291]*291was required to “establish some reasonable justification for the delay.” White v. American Honda Research of America, 403 Pa. Super. 584, 587, 589 A.2d 764, 766 (1991). It should be noted that moving defendants have relied on this earlier version of Pa. R.C.P. 2253 in their present motion.

The current version of Rule 2253, effective January 6, 2005, changes the burden applicable to a defendant seeking to join an additional defendant beyond the sixty day period prescribed in subdivision (a) of Rule 2253. In its present form, Pa. R.C.P. reads in pertinent part:

(b) Any party may object to a motion to join an additional defendant after the period prescribed...on the ground that the party will be prejudiced by the late joinder. The plaintiff may also object to the late joinder on the ground that the joining party has not shown a reasonable justification for its delay in commencing joinder proceedings.
(c) A person not previously a party who is joined as an additional defendant may object to the joinder by filing preliminary objections asserting prejudice or any other ground set forth in Rule 1028.

Pa. R.C.P. 2253(b)-(c).

The current version of Rule 2253 deletes the “upon cause shown” requirement, and subsection (b) now merely entitles the plaintiff to object to the belated joinder on the basis that the moving party has failed to demonstrate a “reasonable justification for its delay in commencing joinder proceedings.” Any other party, including the party [292]

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Related

Mutual Industries, Inc. v. Weinberg
621 A.2d 140 (Superior Court of Pennsylvania, 1993)
Kovalesky v. Esther Williams Swimming Pools
497 A.2d 661 (Supreme Court of Pennsylvania, 1985)
Zakian v. LILJESTRAND
264 A.2d 638 (Supreme Court of Pennsylvania, 1970)
Lawrence v. Meeker
717 A.2d 1046 (Superior Court of Pennsylvania, 1998)
White v. American Honda Research of America
589 A.2d 764 (Superior Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
29 Pa. D. & C.5th 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montana-v-oakford-wood-homeowners-assn-pactcompllackaw-2013.