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Publication Date: 2022-10-31
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Gilman
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-E0433
While a scrivener's error created a potential ambiguity in decedent's conditional bequest to his step-grandchildren, the record made clear that the bequest had been conditioned upon decedent still being married to the step-grandchildren's grandmother and, thus, the divorce and distribution of an equitable portion of the couple's marital assets rendered the bequest null and void. The court recommended affirmance.
Publication Date: 2022-10-31
Practice Area: Civil Procedure
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Bucks County
Judge: Judge Bateman
Attorneys: For plaintiff:
for defendant:
Case Number: 2016-05367
Defendant was entitled to a substantial award of attorney fees under the fee shifting provision of 42 Pa.C.S. §2503 based on dilatory, obdurate or vexatious conduct where the pro se plaintiff engaged in a lengthy campaign of filing harassing discovery requests for irrelevant information and repeatedly acting in bad faith by objecting to everything. The court recommended affirmance.
Publication Date: 2022-09-05
Practice Area: Civil Procedure
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Finely
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0930
While the COVID-19 pandemic presented some extraordinary circumstances, appellant was granted extra time to file a notice of appeal by emergency order and its failure to file within that extended period was due to its own misinterpretation of the order and decision to wait, not an administrative breakdown or other extraordinary circumstance. The court recommended affirmance.
Publication Date: 2022-08-29
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Bucks County
Judge: Judge Fritsch
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0925
Court denied petition to re-argue a foreclosure action where plaintiffs failed to show that notice was defective. The court held that the matter was barred under the doctrine of res judicata since plaintiffs' had already litigated the matter in bankruptcy proceedings in both Pennsylvania and New York.
Publication Date: 2022-08-29
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Gilman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0932
Court denied appeal in termination of parental rights matter holding that the state's agency showed by clear and convincing evidence that termination of rights was proper under §2511(a) and adoption was ultimately in the best interest of the minor, as expressed through the agency and the minor's attorney.
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Authors: Janet K. Colaneri
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Publication Date: 2022-08-29
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Fritsch
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0931
Court requested that the Orphans' Court order denying a petition to remove an estate's administrator be affirmed. Specifically, the court emphasized the fact that the court is granted the discretion with reviewing an administrator's capacity, and in this instant matter, although the administrator had Parkinson's Disease, his condition did not further limit his cognitive or physical abilities.
Publication Date: 2022-08-29
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge McMaster
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0924
Court affirmed previous order awarding alimony and 529 funds to an ex-wife, finding that the wife was the primary caregiver of the children, and the ex-husband's ability to significantly provide for himself weighed in the favor of wife receiving alimony for a period of four years while she continued to care for the children and look for employment.
Publication Date: 2022-08-15
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Bucks County
Judge: Judge Mellon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0843
Court affirmed trial court's ruling holding plaintiff landlord in contempt for refusal to allow defendant tenant the ability to retrieve personal belongings, in violation of a court order.
Publication Date: 2022-08-15
Practice Area: Public Utilities
Industry: State and Local Government
Court: Courts of Common Pleas, Bucks County
Judge: Judge Mellon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0841
The Bucks County Water and Sewer Authority was entitled to relief on its motion for judgment for want of sufficient affidavit of defense as it had the power to provide services within Bensalem Township and the right, under §7107 of the Municipal Claims Act, to file liens for non-payment of services. The court recommended affirmance.
Publication Date: 2022-08-08
Practice Area: Attorney Compensation
Industry: Legal Services | Real Estate
Court: Courts of Common Pleas, Bucks County
Judge: Judge McMaster
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0847
Even if plaintiff did not waive the issue of attorney fees by failing to appeal an underlying order and failing to comply with Pa.R.App.P. 1925, the company could not avoid a specific contract provision calling for reasonable fees of five percent of the total due under a lease that plaintiff relied on to confess judgment. The court recommended that plaintiff's appeal be quashed.
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