• Matenkoski v. Greer

    Publication Date: 2019-07-15
    Practice Area: Real Estate
    Industry: Automotive | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0818

    Trial judge properly granted a preliminary injunction barring appellants from operating an automobile repair and restoration business at their residence because the commercial business was in violation of local zoning ordinances and the time and manner restrictions were well within the trial court's discretion. Affirmed.

  • Emery v. Drew

    Publication Date: 2019-07-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0794

    When the grantors conveyed to defendant a one-fourth interest in the subject property, which was unequal to the other interests held, they voluntarily severed the joint tenancy with right of survivorship and created a tenancy in common, thereby allowing for partition. The court granted plaintiff's motion for judgment on the pleadings.

  • Long v. Reccek et al

    Publication Date: 2019-07-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0789

    The covenants of the defendant homeowners' association granted it the right to enter individual lots in order to provide necessary maintenance but did not create a duty or obligation to enter individual lots to correct unattended problems. The court granted defendants' motions for judgment on the pleadings.

  • Szabo v. Dep't of Transp.

    Publication Date: 2019-07-08
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0777

    PennDOT moved to dismiss appellants' appeal of the dismissal of their de facto petition alleging a taking by PennDOT and the court found the trial court properly dismissed the action as moot since the issue, the true ownership of parcels of land, was the same as in appellants' earlier de jure petition which had been remanded for an evidentiary hearing. Motion granted.

  • Schnarrs v. Rush Twp. Bd. of Supervisors

    Publication Date: 2019-06-17
    Practice Area: Government | Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0705

    Trial court properly concluded that township established the existence of a public road by prescriptive easement where township presented evidence that it had maintained, and the public had used, a connector road over private property for at least the prescriptive period of 21 years. Judgment affirmed.

  • Wells Fargo Bank, N.A. v. Golphin

    Publication Date: 2019-05-13
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0467

    Defendant was properly served, and she was barred from collaterally attacking the underlying foreclosure judgment. Plaintiff was entitled to an order ejecting defendant from the subject property.

  • 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.