Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

BERGER REALTY GROUP v. BRADLY REALTY CORP.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 10, 1987

THE BERGER REALTY GROUP, INC.
v.
BRADLY REALTY CORP. and NETWORK REALTY, INC.

Clifford Scott Green, United States District Judge.

The opinion of the court was delivered by: GREEN

MEMORANDUM ORDER

CLIFFORD SCOTT GREEN, UNITED STATES DISTRICT JUDGE.

 AND NOW, this 6th day of August, 1987, upon consideration of defendants' and garnishee's motion to strike off writ of execution and dissolve lis pendens, and plaintiff's response thereto, it is hereby ORDERED that the motion is DENIED. IT IS FURTHER ORDERED that garnishee's motion to dismiss interrogatories in attachment is DENIED. IT IS FURTHER ORDERED that the motions of the parties for reasonable attorney's fees are DENIED.

 I note that "unless the property in question is exempt from sale by virtue of some positive rule of [Pennsylvania] law, a court, as a general rule, has power in a proper case to sell under a judicial sale any property, real or personal, tangible or intangible, which may be sold and transferred by the owners thereof at voluntary sale." Charmwood, Inc. Appeal, 200 Pa. Super. 140, 187 A.2d 296, 297-298 (1963) quoting Brennan v. Pittston Brewing Corporation, 344 Pa. 495, 497-498, 26 A.2d 334, 335 (1942).

 No such exemption has been shown to apply to the subject property. Moreover, partnership assets, including realty, are subject to execution on a judgment entered against all partners individually where said judgment represents a partnership debt. Palkovitz v. Second Federal Savings & Loan Association of Pittsburgh, 412 Pa. 547, 195 A.2d 347 (1963) quoting Charmwood Inc. Appeal, supra.

19870810

© 1992-2004 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.