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  • Christian H. Buhl Legacy Trust v. McAdams

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0011

    The court overruled preliminary objections based on the effectiveness of service and the statute of limitations in this action involving the renewal of a default judgment, because defendant was properly served and plaintiffs failure to timely file its writ of revival affected its priority but not the validity of its lien.

  • Hilliard v. Panezich

    Publication Date: 2018-01-16
    Practice Area: Damages | Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0012

    Defendant in motor vehicle accident case was not entitled to summary judgment on the issue of punitive damages where the evidence indicated he was driving under the influence of intoxicants, had a pattern of driving while intoxicated in the past, and was distracted by his cell phone.

  • Keeler v. Wells Fargo Bank, N.A.

    Publication Date: 2018-01-16
    Practice Area: Banking and Finance Laws | Civil Procedure | Commercial Law
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0003

    In the absence of a Uniform Commercial Code definition of when a claim arising from a fraudulently cashed check accrues or any Delaware case law on point, the court adopted one of three approaches and concluded that the statute of limitations begins to accrue when negotiable instruments are negotiated, i.e., when the victims account is debited. The court granted defendants motion for summary judgment.

  • DeCesare v. Decesare

    Publication Date: 2018-01-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0009

    Married parties entered into an enforceable contract to repay funds they borrowed from their minor childs account, but the parties past practices indicated that they always used marital funds, not separate assets, to repay such debts. The court released funds held in escrow from the sale of husbands pre-marital residence, because the agreement to repay funds to the trust account was a marital obligation.

  • Tek Good Luck, Inc. v. Certain Underwriters of Lloyds of London et al

    Publication Date: 2018-01-09
    Practice Area: Insurance Law
    Industry: Food and Beverage | Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1858

    The defendant insurer had no duty to defend or indemnify plaintiff in an underlying personal injury action arising out of an assault and battery on plaintiffs premises where plaintiffs insurance policy excluded from coverage any assault and/or battery committed by any person whatsoever on the premises, even where styled as a negligence claim. The court granted the defendant insurer summary judgment.

  • Wintersteen v. Truck Ins. Exch.

    Publication Date: 2018-01-09
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1870

    The court granted plaintiffs motion for summary judgment against an insurer in this case involving replacement cost coverage, because Pennsylvania law required the insurer to include general contractor overhead and profit in actual cash value payments when use of a general contractor was reasonably likely to be necessary in repairing damages to a home.

  • WS v. CH

    Publication Date: 2018-01-09
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1879

    A defendant subject to a Protection from Abuse order was guilty of indirect criminal contempt where he was aware that a firearm was stored in an outbuilding to which he had access.

  • Monroe Land Inv.

    Publication Date: 2018-01-09
    Practice Area: Land Use and Planning
    Industry: Food and Beverage | Investments and Investment Advisory | Real Estate
    Court: Courts of Common Pleas
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1864

    A zoning board abused its discretion when it denied an application based on a special exception, because the applicant provided expert testimony to support its proposed use, and objectors relied solely on lay opinions.

  • City of Philadelphia v. Phan

    Publication Date: 2018-01-09
    Practice Area: Creditors' and Debtors' Rights | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas
    Judge: Judge Padilla
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1868

    Where real property was sold at a sheriffs sale and later subject to redemption, appellant was not entitled to recover cost of repair where it failed to show such repairs were reasonable and necessary expenses actually paid.

  • Commonwealth v. Maneval

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1862

    Defendants sexually violent predator designation did not unlawfully increase the length of his registration period where he was convicted of aggravated indecent assault, a Tier III offense, which required him to register quarterly for life, regardless of the SVP designation. The court recommended affirmance of its sentencing order.