• In re Estate of Klobetanz

    Publication Date: 2023-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 76 OF 2022, O.C.

    The court found that respondent was given a possessory interest in all tangible property involving property not specifically bequeathed to others in a decedent's last will and testament on the basis that respondent was granted a possessory interest in the house that enabled her to continue to reside on the property for a period of three years.

  • Rosado v. Avrach & Co., P.C.

    Publication Date: 2023-01-16
    Practice Area: Contractual Disputes
    Industry: Accounting | Hospitality and Lodging
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 2650

    The court denied a motion to hold a defendant in contempt of court for failure to produce documents that were court-ordered for production pursuant to a stipulated settlement agreement. The court reviewed the evidence and found that defendant had established that the requested documents did not exist and therefore, defendant did not act intentionally or willfully in failing to produce the documents.

  • Eggelston v. Richards

    Publication Date: 2023-01-16
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10753 OF 2019, C.A.

    The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.

  • Evelhair v. Little League Baseball Inc.

    Publication Date: 2023-01-16
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-01056

    Allegations that defendant altered an easement on a tract of land such that plaintiffs could only access their property by using a particular vehicle, which was likely to be damaged due to the alterations, were sufficient to support causes of action for interference with the use of the easement and trespass upon property rights. The court overruled defendant's preliminary objections.

  • Rinker v. Aponte

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00570

    While the parties' contract gave defendant unilateral discretion to cancel a distributorship contract if it reached the opinion that a distributor was involved in criminal activity, employer was required to have some good faith basis to reach that conclusion, necessitating discovery in this matter. The court overruled defendant's preliminary objection.

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  • Nelson-Cole v. Bank of Am., N.A.

    Publication Date: 2023-01-09
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Levin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 210901087

    Court affirmed the decision of the trial court granting defendant's motion to dismiss on the basis that plaintiff failed to cure multiple deficiencies in their first and second amended complaint. While the court noted that pro se plaintiffs should be held to a less stringent standard, the court agreed that plaintiff had been granted enough leeway to cure the deficiencies in the complaint and failed to do so.

  • Sacco v. City of Philadelphia

    Publication Date: 2023-01-09
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 175

    The court reversed the decision of the lower court finding that defendant employees could not assert governmental immunity as a special defense in a sexual abuse case involving an adult victim. The court relied on 42 Pa.C.S.A. §8542(b)(9), finding that waiver of governmental immunity was only applicable in matters where the victims were minors.

  • In re: Condemnation of Land in Bristol Twp.

    Publication Date: 2023-01-09
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Fritsch
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-01250

    The court found for appellee on an appeal challenging service of process for a declaration of taking and declaration of blight. The court disagreed with appellant that service was not proper, finding instead that appellee had made sufficient efforts to properly serve appellant. The court further found that appellant failed to timely respond to appellee's preliminary objections and further failed to file a request for good cause to show why the filing was untimely.

  • In re: Appeals of Chestnut Hill Community Assoc.

    Publication Date: 2023-01-09
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Coyle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02077

    The City of Philadelphia Zoning Board of Adjustment erred in affirming the grant of a "by right" zoning permit for the proposed construction of a 45-foot building with an unspecified ground floor commercial use and upper floor apartments as the permit disregarded all set-back requirements and was not otherwise supported by substantial evidence. The court recommended affirmance.

  • Couverthier v. Bozek

    Publication Date: 2023-01-09
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5481 CIVIL 2021

    The court granted plaintiff landlord's motion to dismiss in an ejectment action finding that plaintiff provided evidence that a notice to quit was served on defendants in accordance with the lease terms and defendants subsequently failed to vacate the property. Although defendants argued that there was an oral agreement between the parties that defendants would eventually purchase the property, the court explained that pursuant to the Statute of Frauds, an oral promise for the sale of real property is unenforceable.