Rosenberger v. Berks Plastic Surgery Institute, P.C., No. 21-16638 (Berks Cty. C.C.P. July 27, 2026) (Nevius, J.) A captain of the ship can be on dry land, but wearing the stripes in the operating room does not make one a surgeon. For anyone handling medical malpractice cases in Berks County, the Rosenberger v. Berks Plastic […]
Stufflet v. Aloe 9-5 LLC, No. 23-12164 (Berks Cty. C.C.P. July 10, 2026) (Nevius, J.) (granting summary judgment against a consentable-line claim where the record showed only permissive use). Good fences can make good neighbors. However, they do not make good boundary lines. For anyone litigating quiet title, ejectment, or boundary disputes in Berks County, […]
Ontelaunee Township v. Ontelaunee Township Zoning Hearing Board, No. 25-17136 (Berks Cty. C.C.P. July 2, 2026). For property owners, zoning hearing boards, and municipal solicitors alike, this case is an instructive example of how Pennsylvania courts apply the dimensional variance standard and the considerable deference afforded to local zoning hearing boards when a substantial record […]
Brensinger v. Parkway Pools and Patio, LLC, No. 26-207 (Berks Cty. C.C.P. June 22, 2026) (denying appellant’s motion for leave to file appeal nunc pro tunc where late filing resulted from private carrier’s failure to deliver jurisdictional appeal papers by the deadline). For litigants, attorneys, and anyone relying on private carriers to transmit time-sensitive court […]
Mae Gabel v. Site Ready Construction, Darren M. Haile and Proscape Landscape Supply, LLC, No. 24-12733 (Berks Cty. C.C.P. Mar. 3, 2026) (Gavin, J.) For practitioners handling business acquisitions, successor liability disputes, and commercial loan enforcement, this case offers important guidance on how Pennsylvania courts assess whether a purchaser has assumed a seller’s debts, particularly […]
Hollinger v. Dietrich, — A.3d —-, 2026 PA Super 133, 2026 WL 1800499, No. 740 MDA 2025 (Pa. Super. June 23, 2026). For anyone litigating residential real estate disputes in Berks County, this decision is a sharp reminder that the clock on a seller disclosure claim runs from settlement and does not stop for a […]
Velocity Investments, LLC v. Marte, No. 25-437 (C.C.P. Berks County Apr. 2, 2026) (Gavin, J.) Under the law, the old adage that it is better to ask for forgiveness than for permission does not hold true. In a memorandum opinion issued on April 2, 2026, Judge James E. Gavin of the Berks County Court of […]
Seven Development Group Incorporated v. Exeter Township, No. 25-12104 (C.C.P. Berks County Mar. 16, 2026) (Fudeman, J.) In a case raising important questions about municipal bidding procedures, standing to challenge public property sales, and whether a private cause of action exists under the Second Class Township Code, Judge Madelyn S. Fudeman of the Berks County […]
Absolute Resolutions Investments, LLC v. Salamov, No. 20-14479 (Berks C.C.P. Apr. 2, 2026) Judges J. Benjamin Nevius, James E. Gavin, and Madelyn S. Fudeman, sitting as the full en banc Civil Division of the Berks County Court of Common Pleas, have issued a detailed Findings of Fact, Conclusions of Law, and Adjudication of Contempt addressing […]
Szczepkowski v. Metropolitan Edison Company, No. 691 MDA 2025 (Pa. Super. Ct. Feb. 26, 2026). For landowners and utilities alike, this case is a stark reminder that recorded easements retain their full force regardless of age and that knowingly building within an easement can result in court-ordered demolition decades later. Earlier this year, the Superior […]
