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  • Teeple v. Leck

    Publication Date: 2022-01-17
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1486

    The court held that the settlement agreement between the parties in a malicious prosecution suit contained terms that were agreed to by the parties, making the agreement valid and enforceable. Defendant's motion to enforce settlement agreement granted.

  • Kalinina v. Lewand

    Publication Date: 2022-01-17
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1526

    The court rejected plaintiffs' claim that defendant used a foreign court order to circumvent the judicial procedures mandated by the Landlord-Tenant Act and effectuate an illegal self-help eviction since the foreign court order, issued in a divorce proceeding, authorized defendant to possess, protect and sell the property at issue. The court denied plaintiffs relief in part.

  • JP Morgan Chase Bank, N.A. v. Ustinova

    Publication Date: 2022-01-17
    Practice Area: Discovery
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1529

    Defendant could not avoid summary judgment by simply claiming that she wanted additional time to conduct more discovery where she was granted a reasonable time to conduct discovery and she failed to explain why the discovery already received was inadequate. The court granted plaintiff's motion for summary judgment.

  • Sharpless v. Edgar Quality Homes

    Publication Date: 2022-01-17
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1528

    Plaintiffs' allegations violated specificity requirements as the vague phrasing in the complaint did not apprise the moving defendant of the extent of plaintiffs' alleged damages, while other allegations failed to conform to Pa.R.Civ.P. 1020(a) because they did not differentiate between the many defendants named in the suit. The court sustained defendants' preliminary objection in part.

  • Mohammed v. Tobyhanna Twp. Zoning Hearing Bd.

    Publication Date: 2022-01-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1527

    The court held that appellants received a deemed approval because the township failed to hold the final hearing on their application regarding their trucking operation within the statutory time period. Motion granted.

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  • Almadani v. Temple

    Publication Date: 2022-01-10
    Practice Area: Contracts
    Industry: Retail
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1480

    Plaintiff could not maintain a breach of contract claim against defendants, who sold him two birds that died not long after purchase, because he did not comply with the terms of a health guarantee clause requiring him to notify defendants of any alleged changes in the birds' conditions within 72 hours of purchase. The court sustained defendants' preliminary objections in part.

  • Taveras v. Pocono Twp. Zoning Hearing Bd

    Publication Date: 2022-01-10
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1485

    The court held that the zoning board had a sufficient basis for finding that appellants violated the local zoning ordinance by using property for short term rentals of less than thirty days in duration in a residential zone. Appeal denied.

  • Torres v. Moreno

    Publication Date: 2022-01-03
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1402

    The court found at trial that both plaintiff and defendant intended the purchase of a motorcycle to be a mutual investment such that they were equally obligated for all costs and expenses associated with the motorcycle.

  • Castellano v. Delgiorno

    Publication Date: 2022-01-03
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1423

    The court, in this negligence action, denied defendant's preliminary objection to plaintiffs' claim for punitive damages and damages associated with record retrieval from plaintiffs' home that was destroyed by a fire allegedly caused by the negligence of defendants. However, the court sustained defendant's objections to plaintiffs' request for damages associated with a fire investigation and legal fees incurred in the purchase of the home.

  • Baviera v. Commonwealth

    Publication Date: 2021-12-27
    Practice Area: Administrative Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1392

    The court held that the licensee made a knowing and conscious refusal of a blood test after having implied consent warnings read to her and her signing the associated form, even if she did not remember the warning or signing. Licensee's appeal of license suspension affirmed.