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Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 5781 CV 2022
The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.
Publication Date: 2023-02-20
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5949 CIVIL 2021
The court entered summary judgment in defendants' favor finding that although plaintiffs sought to expand the geographical area of an easement, plaintiffs improperly advanced their argument under the doctrine of boundary by consent, which, only applies to disputes regarding property boundaries rather than easements.
Publication Date: 2023-02-20
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6242 CIVIL 2020
The court opined, based on standards set forth in 2021's Spencer v. Johnson, that the superior court would rule that joint and several liability applied to all defendants, without the limitations of the Fair Share Act, unless the plaintiff had some amount of contributory negligence. The court awarded plaintiff $345,866 in damages.
Publication Date: 2023-02-13
Practice Area: Trusts and Estates
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1609 CIVIL 2021
Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.
Publication Date: 2023-01-23
Practice Area: Contracts
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6929 CIVIL 2021
Defendants did not deny in their answers to various discovery demands that the work they performed on a contract for a concrete foundation was defective, not suitable for its intended purpose and not up to industry standards; therefore, the record was sufficient to demonstrate a breach of contract. The court granted plaintiff's motion for partial summary judgment.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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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.
Publication Date: 2022-11-28
Practice Area: Civil Appeals
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 3347 CIVIL 2022
The court denied plaintiff's preliminary objection to defendant's counterclaim in an ejection matter. Specifically, the plaintiffs claimed defendant's counterclaim did not stem from the foreclosure action and they were therefore precluded from requesting damages under Pa.R.C.P. 1148.
Publication Date: 2022-11-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 10295 CIVIL 2019
The court denied defendant debtor's request to open a default judgment in a foreclosure action on the basis that defendants failed to provide a reasonable excuse or explanation for their failure to file a responsive pleading. Although defendants argued that they did not receive proper notice under Pa. R.C.P. 237.1(a), the court disagreed, finding that they had received notice but nevertheless failed to file an answer to the complaint.
Publication Date: 2022-11-28
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1182 CV 2022
Plaintiff's evidence, including the convincing testimony of a bank recovery litigation manager, demonstrated that the parties entered into a credit card agreement, defendant activated the card by incurring debt and later breached the parties' agreement by defaulting on the balance owed. The court entered judgment for plaintiff.
Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 2094 CIVIL 2022
While the allegations in plaintiff's complaint lacked factual averments to support piercing the corporate veil of the defendant corporation to reach its sole member, the pleading alleged sufficient facts to allow plaintiff's claims against the individual defendant to go forward based upon the participation theory. The court overruled defendants' preliminary objections.
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