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  • Mohammed v. Tobyhanna Twp. Zoning Hearing Bd.

    Publication Date: 2022-01-17
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1527

    The court held that appellants received a deemed approval because the township failed to hold the final hearing on their application regarding their trucking operation within the statutory time period. Motion granted.

  • Almadani v. Temple

    Publication Date: 2022-01-10
    Practice Area: Contracts
    Industry: Retail
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1480

    Plaintiff could not maintain a breach of contract claim against defendants, who sold him two birds that died not long after purchase, because he did not comply with the terms of a health guarantee clause requiring him to notify defendants of any alleged changes in the birds' conditions within 72 hours of purchase. The court sustained defendants' preliminary objections in part.

  • Taveras v. Pocono Twp. Zoning Hearing Bd

    Publication Date: 2022-01-10
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1485

    The court held that the zoning board had a sufficient basis for finding that appellants violated the local zoning ordinance by using property for short term rentals of less than thirty days in duration in a residential zone. Appeal denied.

  • Torres v. Moreno

    Publication Date: 2022-01-03
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1402

    The court found at trial that both plaintiff and defendant intended the purchase of a motorcycle to be a mutual investment such that they were equally obligated for all costs and expenses associated with the motorcycle.

  • Castellano v. Delgiorno

    Publication Date: 2022-01-03
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1423

    The court, in this negligence action, denied defendant's preliminary objection to plaintiffs' claim for punitive damages and damages associated with record retrieval from plaintiffs' home that was destroyed by a fire allegedly caused by the negligence of defendants. However, the court sustained defendant's objections to plaintiffs' request for damages associated with a fire investigation and legal fees incurred in the purchase of the home.

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  • Baviera v. Commonwealth

    Publication Date: 2021-12-27
    Practice Area: Administrative Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1392

    The court held that the licensee made a knowing and conscious refusal of a blood test after having implied consent warnings read to her and her signing the associated form, even if she did not remember the warning or signing. Licensee's appeal of license suspension affirmed.

  • Fiers v. Fiers

    Publication Date: 2021-12-27
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1394

    The court held the contract between plaintiffs and defendant was valid and binding where the parties agreed that plaintiffs would loan defendant the amount of proceeds from the sale of certain mineral rights. Defendant breached the contract when he failed to pay back the loan. Trial court decision affirmed.

  • Medina v. O'Neal

    Publication Date: 2021-12-27
    Practice Area: Creditors' and Debtors' Rights
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1395

    The court held that it was improper to place a post-judgment levy on a vehicle that was registered and owned by a separate corporation not named in the suit and judgment, even if it had been used by a named debtor.

  • Soltis v. Beverst

    Publication Date: 2021-12-13
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1348

    The allegations in plaintiffs' complaint satisfied the requirements for pleading punitive damages since under Pa. R. Civ. P. 1019 and relevant precedent, malice, intent, knowledge and other conditions of the mind may be averred generally. The court overruled defendants' preliminary objections in part.

  • Szydlowski v. Pusz

    Publication Date: 2021-12-13
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1349

    Plaintiff's complaint alleged a viable claim for punitive damages as the risks assumed by a person who chooses to serve alcohol to a minor may be so obvious and the chance of harm to the minor or others persons so great that misconduct may be established without proof of specific motive or intent. The court overruled in part defendants' preliminary objections.