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  • Maple v. Moses

    Publication Date: 2024-05-03
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 3351 CV 2022

    The court denied plaintiff's motion to amend the court's order appointing a master to oversee the private sale of a lot owned by the unmarried parties as tenants in common and encumbered by a mortgage after plaintiff filed a complaint for partition of the real estate. Pa. R. Civ. P 1563 provides that property not capable of division shall be offered for private sale confined to the parties.

  • Vega v. Jones

    Publication Date: 2024-03-22
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2827-CV-2020

    Prevailing plaintiff appealed the court's order molding her jury verdict to include delay damages. On remand from the Superior Court, the court re-calculated plaintiff's delay damages and entered its award accordingly.

  • Hamilton Law Group, P.C. v. Jabbour

    Publication Date: 2024-03-15
    Practice Area: Trusts and Estates
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 125 CV 2023

    Defendants filed preliminary objections to plaintiff's amended writ of revival in an action for collection of a medical services debt. The court dismissed the preliminary objections in pertinent part where a decedent's estate was properly served via the attorney who represented her estate administrator in her estate proceedings.

  • Andreasova v. Kosican

    Publication Date: 2024-03-08
    Practice Area: Litigation
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 8231-CV-2022

    Plaintiff sued defendant for recovery of personal property in defendant's possession. The court issued a writ of seizure in plaintiff's favor where she established her probable right to possession of personal property items left at defendant's residence after she vacated at defendant's request.

  • Citibank, N.A. v. Barthold

    Publication Date: 2024-03-08
    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: 4828 CV 2022

    Plaintiff credit card issuer sought judgment against defendant cardholder for the balance due on defendant's account. The court awarded judgment in favor of plaintiff and against defendant where plaintiff proffered credible evidence that defendant ceased making payments on his card balance, leaving an outstanding balance due.

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  • Griffiths v. Walt's Auto & Elec.

    Publication Date: 2024-03-08
    Practice Area: Business Torts
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1881-CV-2021

    Defendants sought summary judgment on plaintiffs' complaint alleging improper use of plaintiffs' proprietary information to poach customers. The court held, among other things, that plaintiffs had no claim for breach of confidentiality or conversion where they allowed defendants free access to their customer information system during negotiations about the sale of plaintiffs' business. Motion granted in part and denied in part.

  • Bank of Am., N.A. v. Slaski

    Publication Date: 2024-02-09
    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: 6170 CV 2020

    Plaintiff brought a credit card collections action against defendant. The court entered judgment in favor of plaintiff for the amount of defendant's unpaid credit card balance, plus court costs.

  • Kucherezhko v. Varfolomeev

    Publication Date: 2024-02-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1262 CV 2022

    Plaintiff filed suit for partition of real property jointly owned with defendant pursuant to a business partnership. The court authorized plaintiff to purchase defendant's one-half interest in the property at a price that reflected defendant's equity minus credits in favor of plaintiff for various expenses and costs paid.

  • Brown v. Schmidt

    Publication Date: 2024-01-08
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 7242 CV 2021

    After the parties entered into a stipulated settlement agreement over the removal of dead and diseased timber from defendant's property that was adjacent to plaintiff's property, defendant failed to comply in all respects with the order and plaintiff filed a petition seeking to hold defendant in contempt. The court denied plaintiff's petition and gave defendant an additional 90 days to comply with the order.

  • Holmes v. New Jersey Mfr. Ins. Co.

    Publication Date: 2023-11-13
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4620-CV-2020

    Defendant insurance company filed three motions in limine in plaintiff's suit on an underinsured motorist claim arising out of a motor vehicle accident. The court granted the motions.