PENDING CASES
There have been fewer than ten conservatorship cases filed in Philadelphia County, six in Butler
County, and one in Schuylkill County. The cases are illustrative of the wide variety of factual situations
covered by the Conservatorship Law, as well as the complexities of each case and the need for careful
attention to the requirements of the law and the details of each case by the Courts, counsel and pro se
petitioners.
• The Ogontz Avenue Revitalization Corporation (“OARC”), a Pennsylvania non-profit corporation,
petitioned to become Conservator of a corner property on the Ogontz Avenue commercial corridor.
The petition details the condition of the building: “[The] building’s exterior walls are covered with
graffiti, the property is littered with broken glass and trash, piping connected to the building is
rusted, bent and broken, paint on the building’s street front exterior wall is peeling, the brick and
mortar comprising the exterior walls are damaged and in need of repair, the roof of the building is
unsound and the wooden supports under the front roof marquee are rotted. The blacktop on the lot
is crumbling and covered with glass.” The case has been settled. OARC purchased the property
from the record Owner.
• An individual filed a petition, then re-filed a petition in Orphans’ court for a conservatorship to
rehabilitate a long abandoned VFW chapter house in the Queen Village neighborhood in
Philadelphia. This case was heard in Orphans’ Court, and was also resolved by a settlement
agreement that included an acquisition of the property by the Petitioner. The Attorney General of
Pennsylvania became involved to ensure that the settlement was fair to the owner entity.
• The Germantown Conservancy, Inc., has sought conservatorship for over 300 properties in the
Germantown, Mt. Airy and Chestnut Hill areas of Philadelphia, but has not proceeded with the case
since the Commonwealth Court has confirmed that a separate petition should be filed for each
property and the First Judicial District has amended its General Court Regulation and sample
pleadings in light of the Court’s rulings.
• An LLC owns a rental property adjacent to a property that has partially collapsed, and has
petitioned for conservatorship of the bighted property. While the case awaits its initial hearing, this
petition, like the VFW case, uses the model pleadings posted on the Court’s website. This
preliminary plan includes a thorough and detailed breakdown of the costs to completely rehabilitate
the property, and arrives at a high, but realistic total exceeding well over $200,000. The petitioner’s
pleading expresses confidence that financing will be available for the work required. If the
financing cannot be obtained, an alternative approach a petitioner with such an expensive project
could take is to seek Court approval to “clean and seal” the building, then seek Court approval to
sell it to a developer who can complete the rehabilitation with conventional financing.
• The Urban Tree Connection, a non-profit which engages in urban farming, has been appointed
Conservator of two adjacent parcels that have concrete pad foundations remaining after fires
destroyed any structures. This petitioner filed 2 petitions, which were consolidated for hearing. A
Final Plan has not yet been filed.
• The Civil Division Court has appointed an individual petitioner as Conservator of a property where
the records owners are deceased and the petitioner is an heir, despite numerous defects in the
conservatorship case as shown on the face of the documents filed in Court, which may have been
better resolved in Orphans’ Court. Due to a federal lien now filed on the property, this matter may
be difficult to resolve in the future.
• The six cases filed in Butler County were all filed by the Redevelopment Authority of Butler County
to use federal funds to demolish deteriorated homes. Counsel used the sample pleadings available
on the Philadelphia Court’s website, and adapted the documents for use in Butler County. A
Motion to expedite the approval of the Final Order was used, due to the condition of the buildings,
to seek Court approval to take immediate action.
• The first conservator case was filed in Schuylkill County, and involved immediate conveyance of a
blighted property to a neighbor for demolition.