James M Lammendola

October 04, 2021 | The Legal Intelligencer

In a case of first impression in Pennsylvania, Lake Naomi Club and Pocono Pines Community Association v. Rosado, 962 CV 2019, the Monroe County Court of Common Pleas recently addressed the issue of whether a homeowners association could legally exclude a Tier Three sex offender from residing in its community.

By James M. Lammendola

7 minute read

July 02, 2021 | The Legal Intelligencer

The Mechanics Lien statutory scheme, 49 P.S. Section 1101, et seq., inter alia, sets forth time limits on when a lien can be filed after the last work is performed on real estate, the timing of service, and the filing of an affidavit of service.

By James M. Lammendola 

7 minute read

April 01, 2021 | The Legal Intelligencer

On March 9, the Pennsylvania Superior Court handed down a nonprecedential decision with implications for construction defect litigation in the commonwealth of Pennsylvania.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

October 05, 2020 | The Legal Intelligencer

The court was confronted with the following central issues: whether a lost note affidavit complied with the requirements of enforcement of a lost, stolen or destroyed instrument, 13 Pa.C.S. Section 3309.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 06, 2020 | The Legal Intelligencer

On May 20, the Pennsylvania Superior Court handed down an important decision concerning mortgage foreclosures. The court was tasked with determining whether a lender may pursue a second foreclosure where its first action was dismissed due to a procedural defect.

By Harper J. Dimmerman and James M. Lammendola

7 minute read

April 02, 2020 | The Legal Intelligencer

On March 5, the Pennsylvania Superior Court handed down a precedential decision that is instructive on how the statute of frauds has no bearing on the outcome of a matter where the gravamen of the complaint lies in breach of contract and unjust enrichment, despite the fact that the dispute centers on an oral contract to co-own real estate.

By James M. Lammendola and Harper J. Dimmerman

6 minute read

October 07, 2019 | The Legal Intelligencer

On July 19, the Pennsylvania Superior Court handed down a 2-1 opinion, addressing the rule governing the filing of preliminary objections to a mechanics' lien, specifically when objecting to the failure to file an affidavit of service.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

July 08, 2019 | The Legal Intelligencer

This decision is of vital importance, considering the proliferation of short-term rental offerings, with marketing streamlined by websites as Airbnb and VRBO.

By James M. Lammendola and Harper J. Dimmerman

8 minute read

April 04, 2019 | The Legal Intelligencer

Seeking both injunctive and monetary relief, Franklin Towne contended that defendants Arsenal Associates L.P. and Mark Hankin had breached the purchase agreement for Unit 215, along with their fiduciary duties, in failing to provide Unit 215 with the agreed upon 600 amps power so it could be used as a gymnasium and additional classroom.

By James M. Lammendola and Harper J. Dimmerman

7 minute read

October 08, 2018 | The Legal Intelligencer

The Pennsylvania Supreme Court recently handed down an opinion of great interest to anyone who owns a vacant property or is considering purchasing one that may be characterized as blighted by the city of Philadelphia.

By James M. Lammendola and Harper J. Dimmerman

8 minute read