Tressler Saunders Attorneys LLC - Scranton, PA

Tressler Saunders Succeeds in Opening Judgments in Luzerne County

rmc — Tue, 01 Sep 2009 06:02:38 +0000

Tressler Saunders represented a client which sought to open multiple judgments in Luzerne County against it in excess of $2.6 million dollars. Cranberry Financial, LLC, an affiliate of Lehman Brothers, SSB, confessed judgment against a family owned community business in Luzerne County in January 2009. The standard to open a confessed judgment is extremely difficult to overcome but the Tressler Saunders lawyers convinced trial court to strike and open the judgments against our client precluding the lender from taking any action against the business pending discovery and a full hearing on the issues surrounding the alleged underlying loan default.

Local Restaurant Owner Obtains Zoning Variance

rmc — Tue, 01 Sep 2009 06:02:37 +0000

Tressler Saunders represented Basilico’s of Clarks Summit, Inc. which sought a variance from the Clarks Summit Zoning Hearing Board. Basilico’s of Clarks Summit, Inc. is owned by local restaurateur, Peter Montana, who also operates Basilico’s, Inc. in the Dickson City Plaza and Basil, a fine dining restaurant located in the former Nichols Village complex in Clarks Summit. In order to succeed in a variance request, a rarely-granted zoning exception, the applicant must establish compliance with a four-pronged test. Tressler Saunders was successful in convincing the Board to grant the variance and also created a corporate entity for the restaurant owner and negotiated a long term lease with the Landlord.

Owner of Family Business Conveys Interest to Several Employees

rmc — Tue, 25 Aug 2009 15:17:10 +0000

Tressler Saunders represented the sole shareholder of a multi generational family owned business with the sale of his stock to several employees. The transaction was in excess of $5,000,000 and involved structuring a Financing and Stock Purchase Agreement, Restrictive Covenant Agreement, Employment Agreements, Buy/Sell Agreements and all related financing documents for the conveyance of the owner’s stock to several employees. The newly owned company maintains a prestigious position in the local community and employs in excess of 150 employees.

Homeowners Successful in Enforcing Covenants and Restrictions

rmc — Tue, 25 Aug 2009 15:15:05 +0000

Tressler Saunders represented the interests of numerous homeowners within a residential subdivision when a new lot owner challenged the validity of covenants and restrictions requiring minimum square footage and design features. After informal discussions between our clients and the new lot owner broke down, Tressler Saunders sought and was granted injunctive relief precluding the offending property owner from pursuing construction until the court could determine that the revised building plans were in full compliance with the restrictive covenants intended to control development within the subdivision.

Developer Acquires Apartment Complex – Challenges Imposition of Local Taxes

rmc — Mon, 20 Jul 2009 15:10:46 +0000

Tressler Saunders represented a New York developer with the negotiation, acquisition and financing of a multi-unit apartment complex located in a Keystone Opportunity Expansion Zone (KOEZ). KOEZ benefits include abatement of many state and local taxes including real estate taxes. After our client acquired the complex and invested in excess of $5,000,000 in renovations, the local school district challenged the developer’s KOEZ designation. Tressler Saunders initiated a challenge in the Court of Common Pleas of Lackawanna County to declare the tax break valid. Our client was successful in the trial court and in a case of first impression in the appellate courts of Pennsylvania the Commonwealth Court upheld the lower court ruling declaring that the property was indeed free of all real estate taxes under the KOEZ legislation.

Medical Group Acquires Ancillary Service Provider

rmc — Mon, 20 Jul 2009 15:07:11 +0000

Tressler Saunders represented a single specialty medical group with the acquisition of an ancillary service provider. Tressler Saunders negotiated and drafted all transactional documents including an asset purchase agreement, restrictive covenants, employment agreements and all other related documents for this complex acquisition. Tressler Saunders also worked with consultants, accountants and the client’s regulatory counsel to ensure compliance with all state and federal laws and regulations.

Medical Group Joint Venture to Acquire Commercial Facility

rmc — Mon, 20 Jul 2009 15:06:37 +0000

Tressler Saunders served as counsel to two medical groups that formed a joint venture to acquire and renovate a 50,000 square foot building. Our representation included formation of the new corporate entities, negotiation of agreement of sale for the real estate, arranging for structural/geotechnical, financial and environmental due diligence, and preparing and negotiating tenant leases within the new medical complex.

Physician Prevails On Restrictive Covenant Challenge

rmc — Mon, 20 Jul 2009 15:05:48 +0000

When a local medical practitioner was dissatisfied with his then current employment arrangement and was recruited by a hospital in another county, he retained Tressler Saunders to review and interpret his existing employment agreement which contained an onerous restrictive covenant. We challenged the former employer’s attempt to enforce the restrictive covenant and negotiated a new employment agreement with the hospital seeking our client’s professional services.

PA House Addresses Roll Back Taxes Under Clean And Green

rmc — Mon, 20 Jul 2009 15:02:59 +0000

On June 23, the Pennsylvania House passed House Bills 984 and 1394 which propose to amend the Farmland and Forest Land Assessment Act of 1974, 72 PA. CONS. STAT. §§ 5490.1-5490.13, also known as Clean and Green. Land enrolled in Clean and Green receives preferential treatment in the form of reduced property taxes. If a parcel no longer meets the requirements of Clean and Green,” rollback taxes” can be imposed to collect the tax differential for up to the prior seven years. As natural gas exploration has increased in Pennsylvania, individual counties have taken differing approaches to the imposition of rollback taxes. Some counties have calculated the rollback penalty on the entire acreage enrolled in the program; others have imposed it only on that portion of the property used for natural gas development activity (well pad, storage areas, etc.). The House bills provide for uniform statewide application of rollback taxes, with the rollback assessed only upon the portion of a parcel used for oil and gas operations. The bills provide similar treatment for alternative energy generation and small non-coal surface mining. If you have any questions about the legislation which now goes to the Senate, contact Steve Saunders.

Pennsylvania Legislature Takes Step Toward Natural Gas Extraction Tax

rmc — Mon, 20 Jul 2009 15:01:39 +0000

On June 23, 2009, the Environmental Resources and Energy Committee of the Pennsylvania House of Representatives passed the Natural Gas Severance Tax Act, H.B. 1489. If approved by the Pennsylvania Senate, the legislation would impose a 5% tax on the gross value of natural gas at the wellhead as well as 4.7 cents per 1,000 cubic feet of natural gas extracted. The bill passed in the House would direct 60% of the tax revenue to the state’s General Fund. Counties and municipalities in which natural gas is extracted would receive a portion of the revenues generated from the tax. Of the top 15 gas producing states in the U.S, Pennsylvania is currently the only one that does not have a severance tax. The Act’s proponents believe that the tax is necessary to protect state residents from costs that could accompany gas drilling, including building new roads and bridges to accommodate equipment. Opponents of the Act argue that a severance tax could drive new gas companies away from Pennsylvania, and that it would produce only a fraction of the projected revenue. For more information on the Natural Gas Severance Tax Act and its prospects for enactment, contact Steve Saunders