West Chester PENNSYLVANIA

ABOUT Tupitza & Associates, P.C.

We have a broad range of experience over more than 41 years. We have handled trials before judges and juries in county courts across Pennsylvania, in federal courts across the states, as well as the United States Tax Court. In addition we have years of experience trying cases before Arbitrators, such as American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), ADR Options, and numerous Association of Realtor® panels.

We have handled appeals from state courts to the Pennsylvania Superior Court, the Commonwealth Court of Pennsylvania and the Pennsylvania Supreme Court. Federal appeals have been won in the United States Court of Appeals (Third Circuit).

• Claim against a real estate agent for operating a fraudulent investment scheme targeting first generation Vietnamese Americans.

- Result: A verdict against the perptrator of the fraud in the amount of $2.7 Milllion in compensatory damages and $1 Million in punitive damages.

• Countless cases for property owners, and homeowners’ associations, threatened with expansion of, or creation of, pipeline easements.

- Result: We have obtained significant modification to the easement agreements dealing with preservation of natural features such as trees, stone walls, etc, and indemnification issues. In addition we have significantly increased the financial reward paid to our client’s for the taking of the easement.

• Prosecution of Stucco Remediation Contractor, who began the work and then walked away, leaving the house exposed to the weather.

- Result: $813,000 verdict.

• Claim against national home builder for return of down money after dispute over construction.

- Result: Case settled, deposit returned.

• Claims against national home builder over stucco defects.

- Result: Our client’s homes were repaired at no cost to the client.

• Claims against national home builder over failure to return deposit based on mortgage issues.

- Result: verdict in favor of our client.

• Claim against a national Home builder arising from the presence of toxic chemical in building materials causing injury to homeowners.

- Result: Six figure verdict for client.

• Dispute between two owners of a failed restaurant.

- Result: Successful verdict for our client.

• Appeal to the Pa Supreme Court of dismissal of client’s claim.

- Result: Unanimous reversal by the Supreme Court.

• Appeal to the Superior Court of the refusal of the lower court to hear appeal from arbitration decision of local Realtors® association arbitration.

- Result: Reversal in favor of our client.

• Defense of Mold claim against apartment building owner.

- Result: Plaintiff settled for zero, one week before trial

• Prosecution of contract claim against a Global 500 corporation and defense of multi-million dollar counter claim in both federal court and before the International Center for Dispute Resolution.

- Result: Opponent settled favorably to our client.

• Complex Defense of automobile repair shop from claim by employee for overtime wages.

- Result: Tried in the United States District Court, and appealed to the United States Court of Appeals resulting in a win

• Suit against a defunct builder to pierce a corporate veil and secure refund of deposit from the owners of the company.

- Result: Tried to a jury verdict in favor of our client against the individual owners of the company in almost double the amount we claimed

• Defense of suit by widow against builder for breach of contract.

- Result: Jury verdict in favor of our client, and award under our counterclaim

• Suit against national builder for breaches of implied warranties, personal injury to home owners, and emotional damages.

- Result: Arbitration award in favor of our client in a six figure amount

• Suit against national builder for return of deposit and cancellation of notes give to builder for extras. Defense of builder’s counterclaim of more than $100,000.

Result: Arbitration award for our client on their claim for full deposit and return of notes

• Numerous suits between adjoining landowners over location of boundaries.

- Result: Our clients entitled to adverse possession of land which they used for years , in cases where we defended claims we have succeeded of reached settlements

• Suit between adjoining landowners over overburdening an easement.

- Result: Successful defense

• Defense of Suit against a builder for return of deposit for modular home.

- Result: Successful jury verdict for our client

• Suit against builder over construction of luxury home and counterclaim for payment.

- Result: Successful jury verdict for our client and wins on opposing parties appeals to the Superior Court and Supreme Court

• Defense of banker alleged to have loaned 5 Billion Dollars to Sadam Hussain for the purchase of weapons of mass destruction, without the knowledge of anyone else in his bank.

- Result: Plea Bargain

This is a representative sample of some of the litigation that we’ve handled:

• Failure to disclose cases

• Environmental contamination

• Boundary disputes

• Zoning appeals

• Commercial foreclosure prosecution and defense

• Building code appeals

• Lien priority disputes

• Dragonetti (wrongful use of civil process) suits

• Prosecution and defense of Realtors® for malpractice

• Legal malpractice

• Quiet Title Actions

• Stucco and water infiltration

• Title insurance claims

• Will challenges

• and more.

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Areas of LAW

  • Bankruptcy
  • Foreclosures
  • Probate
  • Tax

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