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Publication Date: 2022-08-01
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0783
The Monroe County Tax Claim Bureau's notice of return and claim, which satisfied all the requirements of §308(a) of the Real Estate Tax Law, was properly served on petitioner as there was no requirement that the notice of return and claim be sent by a mail service type that required a signature. The court denied a petition to set aside the upset tax sale.
Publication Date: 2022-08-01
Practice Area: Civil Appeals
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0789
Court denied plaintiff's motion to reinstate appeal where plaintiff failed to provide timely service of the notice and proof of service. While the court noted that under normal circumstances, they could use their discretion to waive the issue should counsel show compelling cause, the court explained plaintiff provided no reason, let alone a good cause, for why the documents were not timely served.
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0661
Plaintiff, an executor of his late friend's estate and the estate filed a motion to assess damages after being awarded a default judgment on a suit alleging undue influence, fraud, misrepresentation, and other grounds for relief. Specifically, the allegations all claimed that defendant, the decedent's caregiver, took financial advantage of the decedent, a wealthy man who was both blind and immobile in the last few years of his life. After obtaining the default judgment, plaintiff then filed a motion to assess damages and defendant rep
Publication Date: 2022-06-27
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0657
Given Pennsylvania's Comparative Negligence Act, plaintiff was not barred from pursuing this negligence suit even if she was negligent, and her case raised genuine issues of material fact regarding whether a fellow pedestrian's hand gesture was a legal cause of her injuries. The court denied defendants' motion for summary judgment.
Publication Date: 2022-06-27
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0655
Following a bench trial on damages after entry of default judgment against all defendants, the court awarded cost to repair damages and incidental damages. The court specifically noted that cost to repair damages were appropriate because the cost of repair damages did not exceed the value of the property at the time prior to when the damages took place.
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Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2022-05-30
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0494
Defendant "abandoned" her mobile home, as defined by the Manufactured Home Community Rights Act, where she was absent from the home for more than 30 days and had not paid rent since a judgment was entered against her while also becoming delinquent on real estate taxes and water and sewer service charges. The court granted plaintiff's statement of objection.
Publication Date: 2022-05-30
Practice Area: Expert Witnesses
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0495
The court refused to bar plaintiffs' expert's testimony absent good reason to believe that an expert was necessary to draw a causal conclusion from expert testimony that upslope development caused damage to plaintiffs' property and lay witness testimony that the defendant conducted activities impacting storm water runoff. The court denied in part defendant's motion to exclude expert testimony.
Publication Date: 2022-05-23
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0468
A pro se litigant's answer constituted a general denial, which functioned as an admission of the complaint allegations. Plaintiff was entitled to judgment on the pleadings as a matter of law.
Publication Date: 2022-05-23
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0491
Where defendant occupied plaintiff's real property pursuant to an installment sale contract and did not take title to the property, there was no mortgage on the property and, thus, defendant did not qualify for the county's residential mortgage foreclosure diversion program. The court of common pleas granted plaintiff's request for ejectment.
Publication Date: 2022-05-23
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0469
Due to a conflict of interest based on years of acrimony between two siblings who had been co-trustees of their mother's testamentary trust, the court ordered the removal of the remaining trustee and appointed a third party to serve as trustee.
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