• Commonwealth v. Emery

    Publication Date: 2022-08-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0216

    While private homes may not be constitutionally entered to conduct a search or effectuate an arrest without a warrant, the police entry of defendant's home was not unlawful as the record demonstrated that he voluntarily gave consent to police to enter his home. The court denied defendant's pre-trial motions.

  • Rice v. Damron

    Publication Date: 2022-06-20
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0581

    An agreement did not possess the characteristics of an installment land contract, so the court granted declaratory relief stating that the parties' agreement was a residential lease which was subject to landlord tenant law.

  • Cameron v. Cameron

    Publication Date: 2022-06-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0525

    The court denied husband's exceptions to the equitable distribution contained in the master's report, because the master correctly calculated the marital portion of husband's state entity pension, and the evidence was insufficient to show that husband contributed to wife's education, training or enhanced earning power.

  • In re: Ryglinski

    Publication Date: 2022-06-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0524

    Where a civil lawsuit had not been concluded at the time of decedent's death, the court could appoint an executor to handle the litigation, even though the estate did not otherwise require an administrator.

  • City of New Castle v. Int'l Ass'n of Firefighters, Local 160

    Publication Date: 2022-06-06
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0526

    The court declined to vacate a grievance arbitration award issued in accordance with Act 111, which was enacted to provide prompt and binding solutions to labor disputes involving police officers and firefighters, as there was no basis to overturn the award under the limited judicial review applicable to such proceedings. The court denied a petition to vacate a grievance arbitration award.

  • Linkosky v. Dombrosky

    Publication Date: 2022-06-06
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0523

    The court denied defendant's motion for judgment on the pleadings because Pennsylvania law did not require mutuality of remedies, and the parties' contract provided for specified remedies in the event of a default by either party.

  • O'Brien v. McQueen

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0502

    The court refused to strike plaintiffs' negligence claims based on the gist of the action doctrine since the Home Inspection Law creates a duty on behalf of a home inspector, thereby creating a relationship between the parties during which the tort of negligence was allegedly committed. The court denied defendant's preliminary objections in part.

  • Schmidt v. Schmidt

    Publication Date: 2022-05-30
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0496

    Defendant failed to inform plaintiff or the domestic relations section of a change in circumstances relevant to support in writing or by personal appearance as required by 23 Pa.C.S. §4353(a), thus warranting retroactive modification of plaintiff's spousal award. The court granted plaintiff's motion for reconsideration.

  • Watkins v. State Farm Fire & Cas. Co.

    Publication Date: 2022-05-30
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0497

    Insured's claim for negligence against his insurer was barred by the gist of the action doctrine, and the amended complaint did not allege sufficient facts to sustain a breach of fiduciary duty claim against the insurer in connection with the sale of an insurance policy.

  • Commonwealth v. Criss

    Publication Date: 2022-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0501

    The commonwealth failed to establish a prima facie case of driving under the influence against defendant, the owner and operator of an all-terrain vehicle, where the record lacked proof that he operated his ATV on a roadway for any purpose other than merely to cross it as an obstacle. The court granted in part defendant's petition for habeas corpus.