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  • Humphrey v. Gallop

    Publication Date: 2019-08-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0891

    Where most of the factors to be considered in this custody dispute favored neither party, the court found that it was in the minor children's best interest to remain in their current school and for mother to retain primary physical custody provided she remained in the same school district. The court denied father's petition to modify custody.

  • Chrzan v. Medina

    Publication Date: 2019-08-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0892

    Where mother testified insincerely that she did not intend to keep the parties' minor child away from father and she continued to allude to father's alleged misconduct, which was unfounded, it was in the child's best interest for father to have primary physical custody. The court granted father's petition to modify custody.

  • McNeill v. McNeill

    Publication Date: 2019-07-08
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0744

    The court approved the report and recommendations of the divorce master regarding the parties' date of separation and division of assets, but the court awarded wife a higher amount of spousal support.

  • Walker v. Walker

    Publication Date: 2019-07-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0732

    The court upheld a divorce master's recommendation that husband pay wife an immediate lump sum as well as wife's counsel fees where husband had no disabilities preventing him from working and the matter could have been resolved without need for a hearing if husband had been more reasonable about the distribution of his pension. The court denied husband's exceptions.

  • Commonwealth v. Kelso

    Publication Date: 2019-06-10
    Practice Area: Criminal Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0597

    The court granted a motion to dismiss the receiving stolen property charge and related charges against defendant where the commonwealth failed to establish a prima facie case, which required it to produce evidence of each of the material elements of the crimes charged. The trial court dismissed the criminal case against defendant.

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  • Carney v. Carney

    Publication Date: 2019-04-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0305

    In this divorce proceeding, the court considered the tax consequences of the sale of the parties' business in making an equitable distribution award. The court also denied husband's request to terminate the alimony pendent lite award, because economic claims still remained in this case.

  • Fagan v. Long

    Publication Date: 2019-04-01
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0303

    Mother failed to meet her burden of establishing that her relocation to Montgomery County best served the interests of the parties' daughter where the relocation would alter the feasibility of preserving the girl's relationship with her father. The court denied mother's petition to relocate.

  • LSF9 Master Participation Trust v. Desy

    Publication Date: 2018-12-25
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1458

    Defendant failed to provide evidence to create a genuine issue of material fact in this mortgage foreclosure proceeding, so the court granted summary judgment in favor of plaintiff.

  • Chavez v. Chavez

    Publication Date: 2018-12-25
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1457

    Wife's cohabitation did not constitute remarriage under the terms of the parties' marital settlement agreement. The court denied husband's request to terminate his alimony obligation because the parties' agreement was unambiguous.

  • Commonwealth v. Currie

    Publication Date: 2018-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0742

    A criminal defendant was not entitled to post-conviction relief for ineffective assistance of counsel, but the court fashioned a remedy to allow defendant to have the benefit of his plea bargain, which included registering as a sex offender for a shorter period of time.