Horizon Financial v. Giamo

41 Pa. D. & C.3d 137, 1985 Pa. Dist. & Cnty. Dec. LEXIS 73
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedNovember 8, 1985
Docketno. 85-2491-05-5
StatusPublished

This text of 41 Pa. D. & C.3d 137 (Horizon Financial v. Giamo) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Horizon Financial v. Giamo, 41 Pa. D. & C.3d 137, 1985 Pa. Dist. & Cnty. Dec. LEXIS 73 (Pa. Super. Ct. 1985).

Opinion

GARB, P.J.,

Defendants have appealed from our entry of summary judgment.

[138]*138This is an action in ejectment. Plaintiff is a lending institution which acquired title to the premises in question as a result of a sheriffs sale held pursuant to its foreclosure on its mortgage. The property in question is a shopping center and defendants are the tenants of one of the premises in the shopping center.

We believe that the record is appropriate for the entry of summary judgment, there being no material facts in dispute. Summary judgment may be entered if the pleadings,- deposition, answers to interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The moving party bears the burden of demonstrating that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. Furthermore, the court must view the record in the light most favorable to the nonmoving party. Amabile v. Auto Kleen Car Wash, 249 Pa. Super. 240, 376 A.2d 247 (1977); Bowman v. Sears, Roebuck & Company, 245 Pa. Super. 530, 369 A.2d 754 (1976); and Husak v. Berkel, 234 Pa. Super. 452, 341 A.2d 174 (1975). A summary judgment is to be entered only in the clearest of cases where there is not the slightest doubt as to the absence of a triable issue of fact. Granthum v. Textile Machine Works, 230 Pa. Super. 199, 326 A.2d 449 (1974).

The undisputed facts established the following. On February 1, 1977, defendants entered into a five-year lease for the premises with the mortgagor, the original owner of the premises. That lease was for a period of five years and contained an option to renew for a second period of five years. On June 30, 1977, the mortgage in question and an accompanying bond and warrant were executed and were re[139]*139corded on July 1, 1977. On January 31, 1982, defendants exercised their option to renew for an additional period of five years.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Malamut v. Haines
51 F. Supp. 837 (M.D. Pennsylvania, 1943)
Amabile v. Auto Kleen Car Wash
376 A.2d 247 (Superior Court of Pennsylvania, 1977)
Bowman v. Sears, Roebuck & Company
369 A.2d 754 (Superior Court of Pennsylvania, 1976)
Picone v. Mowat
445 A.2d 1253 (Superior Court of Pennsylvania, 1982)
Montgomery v. Levy
177 A.2d 448 (Supreme Court of Pennsylvania, 1962)
Bollinger v. Central Pennsylvania Quarry Stripping & Construction Co.
229 A.2d 741 (Supreme Court of Pennsylvania, 1967)
Rosner v. Zurich Insurance
177 A.2d 30 (Superior Court of Pennsylvania, 1962)
Granthum v. Textile Machine Works
326 A.2d 449 (Superior Court of Pennsylvania, 1974)
Husak v. Berkel, Inc.
341 A.2d 174 (Superior Court of Pennsylvania, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
41 Pa. D. & C.3d 137, 1985 Pa. Dist. & Cnty. Dec. LEXIS 73, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horizon-financial-v-giamo-pactcomplbucks-1985.