• Commonwealth v. Cofelice

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0698

    Defendant demonstrated that the prosecution of this case violated the compulsory joinder rule, which bars a subsequent prosecution due to a former prosecution for a different offense if the criminal cases present a substantial duplication of both legal and factual issues and, inter alia, defendant perpetrated both offenses in the same judicial district. The court granted defendant's motion to dismiss.

  • Frye v. WellSpan Health

    Publication Date: 2022-07-11
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0696

    The court granted defendant's preliminary objection to plaintiffs' complaint on the basis that plaintiffs failed to effectuate proper service requirements pursuant to Pennsylvania Rule of Civil Procedure 402. Specifically, the court noted plaintiffs did not demonstrate a good faith effort to serve defendant pursuant to the requirements laid out in recent precedent and therefore further failed to satisfy their evidentiary burden. The court noted it did not matter whether the reasons for failing to make a good faith effort were intentio

  • Commonwealth v. Logue

    Publication Date: 2022-07-04
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0697

    Court granted a defendant driver's pre-trial motion to suppress evidence arising from a traffic stop wherein the defendant driver was pulled over due to the window tint on his vehicle. In reviewing the vehicle code and precedent on the matter, the court held that the officer did not have probable cause to stop the vehicle because his view into the vehicle was not obstructed based on the degree of the window tint.

  • Brookview Solar I LLC v. Mount Joy Twp. Bd. of Supervisors

    Publication Date: 2022-04-18
    Practice Area: Land Use and Planning
    Industry: Energy | State and Local Government
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0262

    The court determined, on this matter of first impression, that de novo review was the proper standard of review in a land use appeal where 1) a tie vote of the board resulted in a deemed denial of an application for conditional use and 2) the board's findings of fact were non-existent or had not fully addressed the substantive issue before the court. Court determined it would conduct a de novo review of the record.

  • Commonwealth v. Cordier

    Publication Date: 2022-02-28
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Campbell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0143

    The court held the evidence presented by the Commonwealth was not sufficient to establish a prima facie case for the charge of endangering the welfare of children. Motion for habeas corpus granted.

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  • Hill v. Dolgencorp, LLC

    Publication Date: 2022-02-07
    Practice Area: Premises Liability
    Industry: Retail
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0023

    The court held that the evidence showed that plaintiff's trip and fall was unrelated to a floor mat that had been placed across the threshold of the interior doorway at the defendant's store entrance and that the trip was the result of plaintiff sliding her sandal under the mat. Defendant's motion for summary judgment granted.

  • In re: Estate of Baker

    Publication Date: 2022-01-31
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0021

    Petition to reform will for alleged scrivener's error denied where testator is presumed to have knowledge of the terms of their will, and where requested reformation would exceed the scope of power of appointment conferred to testator. Defendants' motion for judgment on the pleadings granted.

  • Stake v. Smith

    Publication Date: 2022-01-31
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0020

    Plaintiff's complaint sufficiently alleged causes of action regarding his riparian rights where the pleading raised material issues of fact regarding whether defendants altered, concentrated or added to the natural flow of surface water from their property, thereby causing water damage to plaintiff's lower-lying parcel. The court denied defendants' motion for summary judgment.

  • Falling Creek Inv., Inc. v. Broncano-Damian

    Publication Date: 2022-01-24
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Campbell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0027

    Defendant was not entitled to summary relief on plaintiff's claim for anticipatory breach of a real estate agreement of sale where there were genuine issues of fact regarding the specific terms of the deal, including the date for the contractually required closing. The court denied defendant's motion for summary judgment.

  • Basore v. Sanner

    Publication Date: 2021-11-08
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1214

    The court dismissed plaintiff's complaint for breach of contract in the sale of goods for failing to attach a copy of the parties' written contract or plead essential terms, failing to verify the allegations and failing to plead facts with specificity. Objections sustained.