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  • B.P. Real Estate Inv. Group, L.P. v. Soul

    Publication Date: 2021-02-22
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, York County
    Judge: Judge Strong
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0119

    Plaintiff was entitled to exclusive and immediate possession of certain property bought at sheriff's sale where it produced the deed conveying the property together with a certification of recording, while defendant offered nothing to refute plaintiff's right to possession. The court granted plaintiff's motion for judgment on the pleadings.

  • Barna v. Langendoerfer

    Publication Date: 2021-02-22
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0184

    The trial court did not err in holding defendants in contempt for failing to attach their new freestanding garage to their residence where a restrictive covenant mandated against the construction of a garage that was not "attached" to the residence, which term envisioned a common wall. The superior court affirmed.

  • LSF9 Master Participation Trust v. McQuay

    Publication Date: 2021-02-15
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0112

    Defendant failed to overcome the presumption of due execution of a note and mortgage where she relied on her own self-serving claim of forgery, and did not offer the testimony of any persons involved in the execution of the mortgage or the opinion of a handwriting expert. The court granted in rem judgment in favor of plaintiff.

  • Trent Manor Condo. Ass'n v. Adkins

    Publication Date: 2021-02-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0089

    Condominium owner did not have the right to stop paying assessments based on the association's failure to make repairs. The court awarded damages and attorney fees to the condominium association.

  • Stillwater Lakes Civic Ass'n v. Casiano

    Publication Date: 2021-02-08
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0087

    Property owners failed to provide any evidence to support their assertion that dues and assessments were excessive, so the court granted summary judgment in favor a home owner association and a sewer provider for accrued charges, interest and attorney fees.

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    Lackawanna/Luzerne County Court Rules 2023

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  • Toner v. Malik

    Publication Date: 2021-02-01
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0028

    A real estate sale contract placed the risk of determining actual boundaries and access on the buyers. The court granted summary judgment in favor of broker defendants.

  • PBS Coals, Inc. v. Commonwealth

    Publication Date: 2021-02-01
    Practice Area: Real Estate
    Industry: Mining and Resources | State and Local Government
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0108

    Commonwealth court erred in finding a de facto taking occurred when appellee coal companies allegedly lost access to their parcel after DOT condemned land for a highway and court found no taking occurred, highway did not block appellees from enjoying their coal estate, they failed to show they possessed any "beneficial use and enjoyment of the property" and record contained substantial evidence to show issuance of a mining permit was "speculative and uncertain." Reversed.

  • Pileggi v. Newton Twp.

    Publication Date: 2021-01-25
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0068

    Denial of package sewer system regulatory approval by local municipality did not eliminate a property's value so as to constitute an inverse condemnation, as the normal exercise of police powers did not equal exercise of eminent domain powers or a de facto taking. Order of the trial court affirmed.

  • United States v. Lucas

    Publication Date: 2021-01-21
    Practice Area: Criminal Law | Real Estate
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-3427

    Defendant was convicted by a jury of multiple federal crimes arising from his scheme to take control of real estate located in New Jersey.

  • Kisiel v. McIntire

    Publication Date: 2021-01-18
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1388

    In this case involving a disputed roadway, the court granted defendants' motion to dismiss all of plaintiffs' claims for declaratory relief, but it permitted plaintiffs to amend their claim for injunctive relief.