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  • Firedex of Butler, Inc. v. Watkins

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0498

    In this mechanic's lien matter, the court sustained preliminary objections striking defendant's counterclaim and certain affirmative defenses, but it allowed defendant to amend his responsive pleading.

  • Dynasty Custom Homes, Inc. v. Gemni Lake

    Publication Date: 2022-05-23
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0491

    Where defendant occupied plaintiff's real property pursuant to an installment sale contract and did not take title to the property, there was no mortgage on the property and, thus, defendant did not qualify for the county's residential mortgage foreclosure diversion program. The court of common pleas granted plaintiff's request for ejectment.

  • Porter v. Nikita Lodging, Inc.

    Publication Date: 2022-05-16
    Practice Area: Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0550

    Appellants appealed the imposition of sanctions for their failure to comply with a court order to stabilize a family cemetery that appellants' construction had threatened and court found appellants failure to timely appeal a November 2019 order issuing an injunction waived any issues relating to that order and the September 2021 order imposing sanctions of $397,000 was not final and appealable. Appeal quashed.

  • Khalil v. Travelers Indem. Co. of Am.

    Publication Date: 2022-05-09
    Practice Area: Real Estate
    Industry: Insurance | Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0515

    Trial court properly entered summary judgment as to all appellees on the basis of res judicata in dispute over water damage to a condominium unit and a settlement agreement in that action because appellant could have raised fraud on prior occasions and her failure to use those opportunities precluded her from alleging fraud in this case. Affirmed.

  • Trinidad v. Pennsylvania Dep't of Transp.

    Publication Date: 2022-04-18
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0422

    Trial court erred in dismissing Pennsylvania Department of Transportation's motion for possession because the order was an appealable, collateral order, DOT established its right of possession by paying the condemnees the estimated just compensation and the federal residential eviction halt was inapplicable to commercial property. Reversed.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Turns v. Dauphin County

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0359

    Trial court properly found appellant was entitled to the original purchase price and real estate taxes paid on a property sold at a tax sale in 1973 because the sale was void ab initio since the property did not actually exist and properly denied appellant's claims for compound interest or attorney fees. Affirmed.

  • Yost v. Murphy

    Publication Date: 2022-04-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0300

    The evidence demonstrated the existence of an express grant of a right-of-way and/or driveway easement allowing plaintiff access over defendant's property and notice of that easement, which was specifically identified in a seller's disclosure statement provided to defendant. The court granted plaintiff relief.

  • Bank of America, N.A. v. Scott

    Publication Date: 2022-03-22
    Practice Area: Attorney Rates and Arrangements | Real Estate
    Industry: Financial Services and Banking | Automotive
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0302

    Plaintiff correctly argued that when a reverse mortgage is due because of a mortgagor's death, the mortgagor's heirs are not necessarily entitled to notice of and the right to exercise the option to purchase the mortgaged property for 95 percent of its appraised value; however, defendants demonstrated that plaintiff failed to comply with relevant federal regulations governing reverse mortgages. The superior court affirmed.

  • Calisto v. Rodgers

    Publication Date: 2022-03-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0284

    Deeds were not invalid under statute of frauds where they were signed by sole executor and beneficiary of estate in the name of the decedent, meaning the deeds were signed by the party transferring ownership of the real estate. Judgment of the trial court affirmed.

  • Turner v. Estate of Baird

    Publication Date: 2022-02-21
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0185

    Trial court erred in ruling on appellees' action for ejectment, quiet title, trespass and injunctive relief in dispute over a piece of un-deeded property between the parties' properties because the abandoned roadway was never vacated, borough was an indispensable party and trial court lacked jurisdiction. Order vacated.