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Publication Date: 2022-11-14
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 3376 CIVIL 2022
Plaintiff properly challenged defendants' preliminary objection to his amended complaint as the objection was based on the alleged boundary lines of certain municipalities, i.e., facts which were not yet in evidence, thereby constituting an improper speaking demurrer. The court overruled defendants' preliminary objections in part.
Publication Date: 2022-11-14
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: 3430 CIVIL 2022
Court denied motion for summary judgment finding that although defendant argued plaintiff's claims were barred under the applicable statute of limitations because the last payment on the account triggering the complaint was made more than four years ago, defendant failed to attach any proof of this alleged date to her motion. Accordingly, the court found a genuine issue of material fact still existed.
Publication Date: 2022-11-14
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6050 CIVIL 2019
Court denied defendants' motion to seal the record of settlement, finding that they failed to show good cause to overcome the presumption of openness within the judicial system. Although defendants argued that the settlement would garner unwanted attention from the media and uninterested third parties, the court found that this argument was merely speculative in nature as defendants had failed to point to a single incident of intrusion into their personal or professional lives.
Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5564 CIVIL 2016
Court granted motion for reconsideration and summary judgment finding that defendants were able to show that previous foreclosures and judgments on the property had resulted in a merger, clearing the property's title of liens giving rise to the dispute.
Publication Date: 2022-11-07
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Wood
Attorneys: For plaintiff:
for defendant:
Case Number: 1178 CV 2017
Court denied motion for summary judgment in a matter concerning a disputed foreclosure action. Both plaintiff and defendant argued that they held title to the property and each objected to the other seeking to foreclose. Plaintiff failed to establish perfect chain of title in their prima facia case. Although the court disagreed with plaintiff that they would never have to establish perfect chain of title, they nevertheless denied the request for summary judgment and granted plaintiff thirty days to cure.
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Authors: Ron M. Campbell
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Publication Date: 2022-10-31
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 317 CIVIL 2021
The court granted plaintiff's request for specific performance regarding a real estate contract. Defendant failed to appear on the closing date and/or respond to plaintiff's request for enforcement of the contract. Plaintiff had already paid a down payment on the property and was ready, willing, and able to take possession of the property on the closing date. Defendant did not appear at the closing and defendant's whereabouts were unknown. Plaintiff initiated an action, seeking specific performance.
Publication Date: 2022-10-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 5069-CV-2021
Court denied defendant's motion for summary judgment. Although defendant argued summary judgment was proper because plaintiff failed to respond to the requests for admissions, the court ultimately found that genuine issues of material fact still existed because plaintiff, a corporation that sought recoveries of debt, failed to properly plead that they were the successor in interest on the debt.
Publication Date: 2022-10-24
Practice Area: Legislation
Industry: Construction
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 6465 CV 2021
Court denied preliminary objections to plaintiff's request for judgment on a mechanic's lien. Although defendants argued that plaintiffs did not meet the definition of a subcontractor under the Mechanic's Lien Law of 1963, the court disagreed, finding that plaintiffs had supplied the necessary excavation equipment for the project and therefore met the statutory interpretation of a subcontractor pursuant to 49 P.S. §1101 et. seq.
Publication Date: 2022-10-24
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Capuano
Attorneys: For plaintiff:
for defendant:
Case Number: 826 CV 2022
The court affirmed the decision of respondent Pennsylvania Department of Transportation in suspending a safety inspector's license for a period of two years finding that petitioner improperly furnished a certificate of safety without first conducting a proper safety inspection. The court found that respondent met its burden under 75 Pa. C.S.A. §4726 and 6 Pa. Code §175.130, which both addressed consequences for a mechanic's failure to perform a proper safety inspection.
Publication Date: 2022-10-24
Practice Area: Legislation
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 7092 CV 2021
The court ruled that, although a municipality's statutes pertaining to their library taxes presented conflicting statements due to a grammatical error, the statute could nevertheless be reviewed for its clear statutory intent under the Statutory Construction Act. Therefore, in reviewing the statute and examining the statute's clear intent, the court ultimately held that the library could increase tax rates without first submitting the issue to municipalities' voters.
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