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  • PB Warminster Plaza, LLC v. Roth

    Publication Date: 2022-08-08
    Practice Area: Attorney Compensation
    Industry: Legal Services | Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0847

    Even if plaintiff did not waive the issue of attorney fees by failing to appeal an underlying order and failing to comply with Pa.R.App.P. 1925, the company could not avoid a specific contract provision calling for reasonable fees of five percent of the total due under a lease that plaintiff relied on to confess judgment. The court recommended that plaintiff's appeal be quashed.

  • Collins v. Collins

    Publication Date: 2022-07-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0669

    Court denied mother's appeal from a trial court decision allowing paternal relatives to have contact with her daughter arguing that this constituted a visitation order which was not in the best interests of her daughter. The court clarified that their order allowing the contact with the paternal relatives was only a contact order arising from father's paternal rights and therefore no separate "visitation order" was issued.

  • Camper v. Werner

    Publication Date: 2022-03-21
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0173

    The record supported the court's finding that the marital portion of two assets, profitable athletic clubs, were properly valued at $2.3 million where wife's expert gave credible testimony about the increased value of those assets and the court considered the tax ramifications and expenses of sale associated with the marital portion of those assets. The court recommended affirmance.

  • Camper v. Werner

    Publication Date: 2022-03-21
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0174

    In this 1925(a) opinion, the court held husband had waived the issue of error in the denial of his motion to recuse because he failed to order a transcript of the hearing. Also, his claim of error lacked merit because husband requested the court to remain in the case to assist with settlement discussions. The court requested the appeal be quashed or denied.

  • PB Warminster Plaza LLC v. Roth

    Publication Date: 2022-01-03
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1427

    The defendant/appellants' lengthy petition to open a confessed judgment failed to assert any argument that their landlord did not have lone authority to confess judgment against them; therefore, they waived the purported defense under Pa.R.Civ.P. 2959. The court recommended affirmance.

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    Authors: Gary L. Brown

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  • Kilkenny v. Kilkenny

    Publication Date: 2021-12-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1310

    While mother seemed to have learned from her mistake of absconding with the parties' minor children in violation of a prior court order, the court awarded father primary physical custody where the 16 factors enumerated in 23 Pa.C.S. §5328(a), including stability, weighed in favor of father. The court recommended that mother's appeal be quashed.

  • Branch Banking & Trust Co. v. Bleiler

    Publication Date: 2021-10-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1073

    The court held that plaintiff proved sufficient elements in mortgage foreclosure claim, plaintiff did not owe a duty to defendants to restructure loan and plaintiff supplied ample proof of damages.