• Tobyhanna Twp. v. Clymer Library

    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.

  • Castaldo v. Dohn

    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.

  • Howe v. Ertle Ent.

    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

  • Correa v. Bridge St. Apartments

    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.

  • Indian Mountain Lake Civic Ass'n v. Berger

    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

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Salvato v. Tax Claim Bureau of Monroe County

    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.

  • Martinez v. Swain

    Publication Date: 2022-06-27
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0657

    Given Pennsylvania's Comparative Negligence Act, plaintiff was not barred from pursuing this negligence suit even if she was negligent, and her case raised genuine issues of material fact regarding whether a fellow pedestrian's hand gesture was a legal cause of her injuries. The court denied defendants' motion for summary judgment.

  • Lynnwood Acres LLC v. Harris

    Publication Date: 2022-05-30
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0494

    Defendant "abandoned" her mobile home, as defined by the Manufactured Home Community Rights Act, where she was absent from the home for more than 30 days and had not paid rent since a judgment was entered against her while also becoming delinquent on real estate taxes and water and sewer service charges. The court granted plaintiff's statement of objection.

  • Campbell v. Fastiggi

    Publication Date: 2022-05-09
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0407

    The court found that the statute of limitations began to run on the date the tree fell. Motion to dismiss granted.

  • A Pocono Country Place Prop. Owners Ass'n v. Bailey

    Publication Date: 2022-04-25
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0350

    The court dismissed defendant's affirmative defenses due to factual insufficiency, her breach of contract counterclaim because it did not reference the agreement that was breached, and the verification because it was not a handwritten signature. However, the court overruled plaintiff's objection to defendant's Uniform Planned Community Act claim, finding it factually sufficient. Objections sustained in part and denied in part.