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Publication Date: 2024-11-01
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2024-00867-TT
The court overruled the preliminary objections filed by Westfield Insurance, the insurer that insured the passenger in a vehicle that was struck by an uninsured motorist.
Publication Date: 2024-11-01
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-09743-RC
The court denied the plaintiff's emergency motion for postponement of sheriff's sale filed May 14, 2024. The sale was scheduled for May 16, 2024. Plaintiff supplied no evidence to support its claim that it needed a postponement and would bear readvertisement costs. The court noted that the plaintiff could request a postponement from the sheriff's office directly that would eliminate the need for readvertisement of the sale. Per Pa. R. Civ. P. 3139(b)(1), there is no distinction between relief obtained from the court and relief obtai
Publication Date: 2024-07-12
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-03580-CT
Plaintiff credit card issuer petitioned for relief from a judgment of non pros in its action against a credit card holder. The court denied the petition, holding plaintiff failed to aver a reasonable explanation or legitimate excuse for appearing for a long-continued arbitration hearing without having made a meaningful and timely effort to serve its complaint on defendant.
Publication Date: 2024-07-05
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 1521-2917
The court detailed its reasons for granting the petition for appeal of the executrix from the Register's refusal to admit a will executed during the COVID-19 pandemic via DocVerify and determining that the signature on the will affixed by the software program to a virtual document later printed as a hardcopy met the requirements of Pennsylvania law.
Publication Date: 2024-07-05
Practice Area: Damages
Industry: Retail
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-02018-TT
Plaintiff moved to mold a jury verdict to include pre-judgment interest. The court denied the motion where uncertainties regarding defendants' ultimate liability to plaintiff precluded a pre-judgment interest award, and where no such award was required in the interests of justice.
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Publication Date: 2024-07-05
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-05885-IR
Plaintiff filed a Motion to Make Rule Absolute after obtaining a Rule per curiam requiring defendant's response to plaintiff's petition for special relief. The court denied the motion absent record evidence of original service of process on defendant, defendant's waiver of the right to proper service, or his consent to the court's jurisdiction.
Publication Date: 2024-04-19
Practice Area: Personal Injury
Industry: Non-Profit
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-04143-TT
The court overruled defendant's preliminary objections in the nature of demurrers to plaintiffs' complaint for injuries sustained by plaintiffs' minor child while in the custody of UMC's child-care program and ordered defendant to file an answer.
Publication Date: 2024-04-12
Practice Area: Trusts and Estates
Industry: Non-Profit
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 15-23-1714
Petitioner nonprofit Pennsylvania corporation and public charity sought the court's approval of an agreement to transfer its assets to a new entity. The court denied the petition without prejudice where petitioner failed to aver that the separate existence of a trust solely for charitable purposes would result in administrative expense or other burdens unreasonably out of proportion to the trust's charitable benefits.
Publication Date: 2024-04-12
Practice Area: Litigation
Industry: Education | Legal Services
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-06341-TT
Plaintiffs moved to seal the entire record in proceedings on their praecipe for writ of summons, which centered on alleged acts upon a minor child who attended defendant charter school. The court denied the motion where plaintiffs sought to seal the record not on the basis of good cause shown, but merely to avoid the burden of complying with the Case Records Public Access Policy.
Publication Date: 2023-09-18
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 193
Plaintiffs sued regarding a property transaction with defendant. Defendant's motion for summary judgment was granted on all counts because defendant acted in compliance with the contract between the parties.
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