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Publication Date: 2021-01-11
Practice Area: Land Use and Planning
Industry: Construction | State and Local Government
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1364
The court denied property owners' appeal of a decision by the zoning hearing board, because their interpretation of an ordinance would have led to an absurd result.
Publication Date: 2020-08-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0843
Plaintiff was entitled to summary judgment in this mortgage foreclosure matter. Defendant's grounds for appeal were essentially the same as his earlier preliminary objections, which the court had already rejected.
Publication Date: 2020-08-31
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0831
Where the arresting officer gave testimony, confirmed by dashboard video, that defendant operated a vehicle at about 70 miles per hour at a distance of just one car length behind a tractor trailer, the evidence established the necessary probable cause to support a vehicle stop based upon a violation of 75 Pa.C.S. §3310(a) of the Motor Vehicle Code. The court denied defendant's motion to suppress.
Publication Date: 2020-07-20
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0661
Where defendant displayed physical indicia of impairment and exhibited two clues of impairment during field sobriety tests, the totality of the circumstances constituted reasonable grounds to allow police to request a blood test, though some objective observers might consider the circumstances "weak."The court denied defendant's motion to suppress.
Publication Date: 2020-07-20
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0661
Where defendant displayed physical indicia of impairment and exhibited two clues of impairment during field sobriety tests, the totality of the circumstances constituted reasonable grounds to allow police to request a blood test, though some objective observers might consider the circumstances "weak."The court denied defendant's motion to suppress.
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Publication Date: 2019-11-04
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1280
Plaintiff was not entitled to proceed with her appeal in this case involving the Protection from Abuse Act, because she failed to file her concise statement of issues on appeal. Furthermore, plaintiff did not establish the existence of abuse to support the issuance of an order under the act.
Publication Date: 2019-05-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0381
The commonwealth failed to exercise due diligence in getting this criminal case to trial before the mechanical run date; therefore, defendant was entitled to the relief sought in her petition for dismissal of all charges with prejudice pursuant to Pa.R.Crim.P. 600. The court granted defendant's motion to dismiss.
Publication Date: 2018-10-09
Practice Area: Civil Appeals
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1164
A party who failed to appear at a contempt hearing was not entitled to simply rely on the statements of counsel or attachments to his motion. The judge who heard this matter was not required to recuse himself solely because he had previously made a credibility determination regarding one of the parties.
Publication Date: 2018-10-09
Practice Area: Banking and Finance Laws | Consumer Protection
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1160
Plaintiff's claim under state consumer protection law was preempted by federal law, and plaintiff failed to demonstrate any ascertainable loss associated with defendant's mailings of periodic account statements. The court dismissed plaintiff's complaint with prejudice.
Publication Date: 2018-09-04
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Carbon
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1010
The court denied an amended request for an enlargement of time to file a 1925(b) concise statement nunc pro tunc, because defendant failed to provide any factual basis to show why the concise statement was not timely filed in the first place.
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