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  • In re: Estate of Stoughton

    Publication Date: 2020-08-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0720

    The respondent executrix did not meet her burden of proving fair and reasonable attorney fees incurred on behalf of the estate where she produced redacted legal invoices that prevented the court from determining what, if any, relevant services were rendered to benefit the estate. The court of common pleas issued an order surcharging respondent for attorney fees.

  • Commonwealth v. Stewart

    Publication Date: 2020-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0668

    A traffic stop was valid and a police officer's limited search for weapons was permissible, but the court granted a motion to suppress evidence obtained during a later search of the remainder of the vehicle.

  • Erie Ins. Exch.v. Sutherland

    Publication Date: 2020-07-06
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0571

    Defendant's waiver of uninsured motorist coverage on a policy insuring the motorcycle he was operating when injured did not prelude him from recovering uninsured motorist coverage on a separate policy with the plaintiff insurer for which defendant paid premiums for stacked coverage. The court denied plaintiff's motion for judgment on the pleadings.

  • Erie Ins. Exch.v. Sutherland

    Publication Date: 2020-07-06
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0571

    Defendant's waiver of uninsured motorist coverage on a policy insuring the motorcycle he was operating when injured did not prelude him from recovering uninsured motorist coverage on a separate policy with the plaintiff insurer for which defendant paid premiums for stacked coverage. The court denied plaintiff's motion for judgment on the pleadings.

  • Denelle v. Denelle

    Publication Date: 2020-07-06
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0570

    Defendant was not obligated to pay child support based on an acknowledgment of paternity allegedly bearing her name where the county failed to refute defendant's credible testimony that she did not sign the acknowledgment and the parties had agreed that defendant would not be financially responsible for the child, who was not her biological offspring. The court dismissed plaintiff's complaint for child support.

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  • MIMS Realty, LLC v. Speedway, LLC

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry: Retail | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0541

    Plaintiff's complaint failed to aver facts sufficient to establish a private easement over a vacated city alleyway where the pleading failed to allege that the subject lot was sold according to a plan of lots and the street in question had not been previously opened or projected as a public street. The court sustained defendant's demurrer.

  • Houk v. Wischerman

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0512

    Plaintiff was entitled to the partition of certain property she held with defendant as tenants in common where the parties could no longer continue to own the property jointly, but plaintiff had assumed all payments to maintain the property while defendant stop contributingdespite living therein. The court granted plaintiff's request to partition.

  • Flanigan v. The Ellwood City Hosp.

    Publication Date: 2020-06-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0511

    A sanction dismissing plaintiff's complaint with prejudice was appropriate, because plaintiff blatantly refused to provide discovery.

  • Commonwealth v. Popovich

    Publication Date: 2020-06-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0513

    The court refused to sever defendant's criminal trial from that of his codefendant in accordance with Pa.R.Crim.P. 583 where the codefendant's statements to police regarding the underlying double homicide were not so prejudicial to defendant as to warrant such relief. The court granted defendant's pretrial motion to sever.

  • Jaccobs v. Murphy

    Publication Date: 2020-06-15
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0516

    Plaintiff's complaint failed to sufficiently allege a cause of action against defendant for intentional infliction of emotional distress as the pleading did not allege the existence of any physical injury for which he soughttreatment. The court sustained defendant's preliminary objections in part.