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Publication Date: 2022-09-12
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0895
Plaintiffs were not required to produce the testimony of their former neighbors to prove a binding consentable line by recognition and acquiescence as the evidence of record clearly established that the former neighbors acquiesced to three spruce trees as the boundary line between the two properties. The court granted plaintiffs relief in this action to quiet title.
Publication Date: 2022-08-22
Practice Area: Employment Litigation
Industry: Automotive | Retail | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0844
Court denied employer defendant's preliminary objections to plaintiff employees' employment law action arising out of a wrongful termination claim. Plaintiffs argued they were wrongfully terminated from their positions for failure to return to work while their county was still in the "Red Phase" of Governor Wolf's executive order closing in-person businesses during the COVID-19 pandemic. Although defendant argued plaintiffs were not entitled to rely on the executive order for the basis of their wrongful termination claim, the court di
Publication Date: 2022-08-15
Practice Area: Personal Injury
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0842
Court granted defendant's request to dismiss plaintiff's personal injury complaint for failure to serve the complaint within the applicable statute of limitations. The court held that although plaintiff was granted a praecipe for writ of summons, plaintiff did not act quickly enough to serve the summons and the plaintiff's service of the complaint, eleven months after the statute of limitations had run, demonstrated a lack of good faith. Therefore, the court dismissed the complaint in its entirety.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0845
Court partially granted preliminary objections arising from a property law dispute between a community owning a planned subdivision and a defendant resident. While defendant argued plaintiff's attempt to collect payment for her use of a recorded easement was not properly pled pursuant to the Uniform Planned Community Act, the court indicated plaintiff's attached declaration sufficiently described the property in question. The court did, however, agree plaintiff mistakenly referred to a wrong deed in part of their complaint and indicat
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0849
Trespass claim based on stormwater discharge failed where property owner provided no expert testimony to establish increased discharge or to calculate damages, and where owner was aware of discharge onto the property prior to their purchase. Defendants' motion for summary judgment granted.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0848
Where plaintiffs asserted that defendant violated the state's Storm Water Management Act and sought remedies under §15 of that act, which provides that remedies for actions in equity are to restrain, prevent or abate violation of the act or any watershed storm water plan, plaintiffs were limited to such statutory remedies. The court issued an order limiting damages.
Publication Date: 2022-08-08
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0846
Court denied motion for summary judgment in a slip and fall case brought against a bus company and Mt. Pocono Borough. Although the borough argued there was no issue of a genuine issue of material fact as they were not on notice of the defective condition and were not the owners of the property, they failed to attach any evidence to their motion proving who was the owner of the property in question. Given that the court could not determine this information from what was in the record, the court denied the motion for summary judgment.
Publication Date: 2022-08-01
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: 22-0781
The plaintiff bank satisfied its burden of proof on a breach of contract claim with convincing evidence that defendant sought and obtained a credit card and used that card to make purchases, incurring debt of over $9,000, but failed to make payment on the debt without explaining the default. The court entered judgment for plaintiff and against defendant.
Publication Date: 2022-08-01
Practice Area: Tax
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0783
The Monroe County Tax Claim Bureau's notice of return and claim, which satisfied all the requirements of §308(a) of the Real Estate Tax Law, was properly served on petitioner as there was no requirement that the notice of return and claim be sent by a mail service type that required a signature. The court denied a petition to set aside the upset tax sale.
Publication Date: 2022-08-01
Practice Area: Civil Appeals
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0789
Court denied plaintiff's motion to reinstate appeal where plaintiff failed to provide timely service of the notice and proof of service. While the court noted that under normal circumstances, they could use their discretion to waive the issue should counsel show compelling cause, the court explained plaintiff provided no reason, let alone a good cause, for why the documents were not timely served.
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