Berger Realty Group, Inc. v. Bradly Realty Corp.

E.D. Pennsylvania

Berger Realty Group, Inc. v. Bradly Realty Corp.

690 F. Supp. 1392, 1987 U.S. Dist. LEXIS 13743, 1987 WL 46787

CourtDistrict Court, E.D. Pennsylvania

DecidedAugust 10, 1987

DocketCiv. A. No. 84-4291

StatusPublished

This text of 690 F. Supp. 1392 (Berger Realty Group, Inc. v. Bradly Realty Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Berger Realty Group, Inc. v. Bradly Realty Corp., 690 F. Supp. 1392, 1987 U.S. Dist. LEXIS 13743, 1987 WL 46787 (E.D. Pa. 1987).

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Opinion

MEMORANDUM ORDER

CLIFFORD SCOTT GREEN, 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 “[ujnless 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 [1393]*1393proper 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.

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MEMORANDUM ORDER

CLIFFORD SCOTT GREEN, 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 “[ujnless 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 [1393]*1393proper 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.

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Bluebook (online)

690 F. Supp. 1392, 1987 U.S. Dist. LEXIS 13743, 1987 WL 46787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-realty-group-inc-v-bradly-realty-corp-paed-1987.

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