• U.S. Bank N.A. v. Mid-Atlantic Acquisitions, Inc.

    Publication Date: 2022-11-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Wood
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1178 CV 2017

    Court denied motion for summary judgment in a matter concerning a disputed foreclosure action. Both plaintiff and defendant argued that they held title to the property and each objected to the other seeking to foreclose. Plaintiff failed to establish perfect chain of title in their prima facia case. Although the court disagreed with plaintiff that they would never have to establish perfect chain of title, they nevertheless denied the request for summary judgment and granted plaintiff thirty days to cure.

  • Nowak v. Smith

    Publication Date: 2022-10-31
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 317 CIVIL 2021

    The court granted plaintiff's request for specific performance regarding a real estate contract. Defendant failed to appear on the closing date and/or respond to plaintiff's request for enforcement of the contract. Plaintiff had already paid a down payment on the property and was ready, willing, and able to take possession of the property on the closing date. Defendant did not appear at the closing and defendant's whereabouts were unknown. Plaintiff initiated an action, seeking specific performance.

  • Portfolio Recovery Assoc., LLC v. Carter

    Publication Date: 2022-10-31
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5069-CV-2021

    Court denied defendant's motion for summary judgment. Although defendant argued summary judgment was proper because plaintiff failed to respond to the requests for admissions, the court ultimately found that genuine issues of material fact still existed because plaintiff, a corporation that sought recoveries of debt, failed to properly plead that they were the successor in interest on the debt.

  • Cleveland Bros. Equip. Co. Inc. v. Arcadia N. Land, LLC

    Publication Date: 2022-10-24
    Practice Area: Legislation
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6465 CV 2021

    Court denied preliminary objections to plaintiff's request for judgment on a mechanic's lien. Although defendants argued that plaintiffs did not meet the definition of a subcontractor under the Mechanic's Lien Law of 1963, the court disagreed, finding that plaintiffs had supplied the necessary excavation equipment for the project and therefore met the statutory interpretation of a subcontractor pursuant to 49 P.S. §1101 et. seq.

  • Galante v. Pennsylvania Dep't. of Transp.

    Publication Date: 2022-10-24
    Practice Area: Administrative Law
    Industry: Automotive | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Capuano
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 826 CV 2022

    The court affirmed the decision of respondent Pennsylvania Department of Transportation in suspending a safety inspector's license for a period of two years finding that petitioner improperly furnished a certificate of safety without first conducting a proper safety inspection. The court found that respondent met its burden under 75 Pa. C.S.A. §4726 and 6 Pa. Code §175.130, which both addressed consequences for a mechanic's failure to perform a proper safety inspection.

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Tobyhanna Twp. v. Clymer Library

    Publication Date: 2022-10-24
    Practice Area: Legislation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7092 CV 2021

    The court ruled that, although a municipality's statutes pertaining to their library taxes presented conflicting statements due to a grammatical error, the statute could nevertheless be reviewed for its clear statutory intent under the Statutory Construction Act. Therefore, in reviewing the statute and examining the statute's clear intent, the court ultimately held that the library could increase tax rates without first submitting the issue to municipalities' voters.

  • Galante's Serv. Ctr. v. Pennsylvania Dep't of Transp.

    Publication Date: 2022-10-17
    Practice Area: Administrative Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 824 CIVIL 2022

    The court affirmed the decision of the Pennsylvania Department of Transportation suspending petitioner automotive service company's license due to fraudulent record keeping. The court noted that the department presented sufficient requisite level of proof at the hearing to affirm the decision.

  • Harris v. Sullivan

    Publication Date: 2022-10-17
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1183 CIVIL 2022

    The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).

  • Essington v. Monroe County Transit Auth.

    Publication Date: 2022-10-03
    Practice Area: Wrongful Death
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5117 CIVIL 2020

    Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.

  • Essington v. Monroe County Transit Auth.

    Publication Date: 2022-10-03
    Practice Area: Wrongful Death
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5117 CIVIL 2020

    Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.