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  • Lehman v. Smith

    Publication Date: 2020-10-26
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1086

    Plaintiffs established, through the irrevocable license doctrine, an easement over an access road on defendant's property where they incurred a substantial expenditure of $4,000 as well as time and labor to install the access road based on the mutual understanding that all parties would be able to continually use the road. The court granted plaintiffs relief.

  • N. Penn Towns, L.P. v. Concert Golf Partners, LLC

    Publication Date: 2020-10-19
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1018

    While plaintiff's allegations, if accepted as true, made a case for unjust enrichment, the company was not entitled to a constructive trust on real property as a remedy for the alleged unjust enrichment; therefore, plaintiff failed to demonstrate that title to real property was at issue. The court recommended affirmance of its order striking plaintiff's lis pendens.

  • Tortuga Alegre Properties LLC v. Dublis

    Publication Date: 2020-10-12
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0991

    Defendants failed to state any reason under the procedural rules for staying this ejectment action, and the court held none of the prior emergency orders by the courts or the governor required a stay. The court overruled defendants' preliminary objection.

  • Pineda v. Perry

    Publication Date: 2020-10-05
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1078

    Defendants appealed order permanently enjoining them from denying plaintiff access to an alley and court found there was an "easement of access" that could not be impaired, defendants' proposed defenses of abandonment, merger or adverse possession were inapplicable to this case and court lifted the stay and suspension of the permanent injunction. Affirmed and stay lifted.

  • Wilmington Savings Fund Soc'y, FSB v. Unknown Heirs

    Publication Date: 2020-09-21
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0925

    Where the plaintiff bank sent notices applicable to this mortgage foreclosure action to the residence which was the subject of the residential mortgage, where defendant admittedly resided, the bank substantially complied with the notice requirements of both Acts 6 and 91. The court granted plaintiff's motion for summary judgment.

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  • Stillwater Lakes Civic Ass'n v. Smietanka

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0898

    The court sustained preliminary objections, because plaintiff's affirmative defenses to defendant's counterclaim did not include any material facts to indicate how the defenses pertained to this case.

  • Catanzaro v. Pennell

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0994

    Plaintiff's amended complaint seeking to quiet title to certain real property was legally insufficient where the pleading failed to allege that there was a dispute between plaintiff and defendant as to the title of land at issue. The superior court affirmed.

  • In re: Condemnation of Land in Bristol Twp.

    Publication Date: 2020-09-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0995

    The trial court did not err in denying the mortgagee bank's petition for appointment of viewers, filed after condemnation proceedings, since the language of the Eminent Domain Code excludes mortgagees from the definition of "condemnee" and, therefore, from the class of persons eligible to request the appointment of a board of viewers. The appellate court affirmed.

  • Stackhouse v. Gordner

    Publication Date: 2020-09-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0869

    The statute of limitations barred plaintiff's claim for unjust enrichment, and her assertion of undue influence failed due to lack of a confidential relationship. The court granted summary judgment in favor of defendants.

  • Martin v. Burchinal

    Publication Date: 2020-08-31
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Vernon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0834

    Plaintiffs were entitled to a disputed parcel based on adverse possession. Intervenors failed to establish a prescriptive easement.