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  • Merscorp Inc. v. Delaware County

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Supreme Court
    Judge: Justice Dougherty
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0532

    County recorders appealed the commonwealth court's reversal of the trial court's decision to overrule appellees' preliminary objections in recorders' action asserting 21 P.S. §351 mandated the recording of all conveyances, including mortgage assignments, and the court found the commonwealth court correctly held that §351 did not impose a mandatory duty to record. Affirmed.

  • Camelback Resort, LLC v. Percudani House III, LP

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0500

    Defendants requested relief that was not contained in their pleadings, and factual issues precluded defendants' motion for judgment on the pleadings.

  • Swift v. Heltman, LLC.

    Publication Date: 2019-05-06
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0380

    Plaintiff in this adverse possession matter failed to establish that defendants abandoned their use of the easements which had been deeded to them. The vegetation growing on portions of the right-of-way did not impede defendants' use.

  • Fireng v. Radnor Twp.

    Publication Date: 2019-04-29
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0487

    Condemned property owner's constitutional claims failed where he failed to utilize administrative appeals process or process for obtaining compensation for his property and where municipality was justified in condemning the property on public health and safety grounds due to the property's decrepit state. Defendant's motion for summary judgment granted.

  • Scioli Turco, Inc. v. Prioleau

    Publication Date: 2019-04-22
    Practice Area: Real Estate
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0461

    Trial court properly denied appellant's petition for conservatorship of a building because appellant failed to meets its burden of showing that building had not been legally occupied for at least the previous 12 months where owner testified he lived in the building and slept there three nights a week and appellant presented no evidence of any building code violations that prevented owner from occupying the property. Affirmed.

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Smith v. Barto

    Publication Date: 2019-04-22
    Practice Area: Discovery | Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0375

    The court rejected plaintiff's motion to reopen discovery, because plaintiff failed to explain why potential witnesses were not properly disclosed prior to the deadline.

  • Hosking v. Redzepagic

    Publication Date: 2019-04-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0340

    Plaintiffs' need for an easement by implication to use a shared well on defendant's adjacent property, which plaintiffs had used and enjoyed long before defendant purchased her lot, was enough to satisfy the necessity requirement of an implied easement. The court granted plaintiffs' request for injunctive relief.

  • PBS Coals, Inc. v. Dept. of Transp.

    Publication Date: 2019-04-15
    Practice Area: Government | Real Estate
    Industry: Mining and Resources | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0428

    Trial court erred by denying de facto taking claim arising from blocking of access to coal estate in landlocked parcel where plaintiffs' coal interest in adjacent parcel did not allow them to transport coal from another property across the surface of the adjacent parcel and where public agency's activities directly and immediately blocked plaintiffs' use. Order of the trial court reversed and remanded.

  • U.S. Bank N.A. v. Manu

    Publication Date: 2019-04-15
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0422

    Appellants appealed the order granting their motion to redeem property sold at a sheriffs' sale for delinquent real estate taxes and the court found the trial court did not abuse its discretion because, since appellants did not act until after the sheriff's sale, they were obligated to pay the purchaser the amounts specified in §32(a) of the act to redeem the property. Affirmed.

  • Kowalski v. TOA PA V, L.P.

    Publication Date: 2019-04-15
    Practice Area: Damages | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0427

    Trial court correctly reversed nonsuit on trespass claim where development of uphill property was not natural use of the property and thereby attached liability for continuing trespass. Judgment of the trial court affirmed in part and reversed and remanded in part.