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  • Thomas A. Robinson Family Ltd. Partnership v. Bioni

    Publication Date: 2018-01-23
    Practice Area: Civil Appeals | Land Use and Planning | Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0071

    Appellees motion to quash appellants appeal failed because the appeal fell within the exception in appellate rule 311(a)(4)(ii) and trial court properly granted a prescriptive easement to appellees for an encroachment on the adjoining landowners land because of the continuous and uninterrupted use of the strip to access appellees land but erred in granting a public prescriptive easement. Affirmed in part and vacated in part.

  • City of Philadelphia v. Richard J. Silverberg & Assoc.

    Publication Date: 2018-01-23
    Practice Area: Creditors' and Debtors' Rights
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0050

    Defendant was not entitled to a judgment of non pros or an order enjoining enforcement of a judgment where the plaintiff properly obtained its default judgment and acted with reasonable promptitude in enforcing that judgment.

  • EAS5 Realty LLC v. The Zoning Hearing Bd. of the Borough of Throop

    Publication Date: 2018-01-16
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0004

    Zoning board did not abuse its discretion in rejecting a request for a use variance where the applicant failed to establish the existence of an unnecessary hardship.

  • Commonwealth v. Clay

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0008

    The court granted defendants motion to suppress where the law enforcement officer who stopped the vehicle in which defendant was riding did not have reasonable suspicion that the driver committed any traffic violation.

  • In re Trust Under Deed of Kulig

    Publication Date: 2018-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0027

    Superior Court erred in affirming the Orphans Courts decree that under 20 Pa. C.S. §7710.2, decedents inter vivos trust had to be considered part of the pretermitted spousal share because nothing in the text of §7710.2 or the commentary thereto expressed any specific legislative intent to change the pre-2006 framework for providing for pretermitted spouses and the language in §7710.2 was consistent with prior precedent. Reversed.

  • Commonwealth v. Mackey

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0026

    Trial court erred in denying appellants motion to suppress evidence of a gun because when police responded to an anonymous tip about a man on a bus with a gun, officer lacked reasonable suspicion to take appellant off bus and frisk him since officer had no support for the tipsters assertion. Judgment vacated.

  • In Re: Rosemary C. Ford Inter Vivos QTIP Trust

    Publication Date: 2018-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0023

    Contingent beneficiary lacked standing to force trustee to make trust assets productive, where trust agreement conferred such standing exclusively upon the trusts current beneficiary, and where contingent beneficiary could not access trust property through current beneficiary as a creditor due to trust agreements spendthrift provision. Order of the orphans court affirmed.

  • Commonwealth v. Johnson

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0016

    The trial court properly granted defendant a new trial where the commonwealth failed to disclose five police reports which suggested that the commonwealths key witness sought to curry favor with police regarding his own criminal conduct by testifying against defendant. The high court affirmed an order granting defendant a new trial.

  • Vanvoorhis v. Shrewsbury Township

    Publication Date: 2018-01-16
    Practice Area: Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0031

    Trial court erred in finding that a summer house was a permitted use that did not require a development right and that appellees had a vested right in not having a development right attached to the summer house because based on the record, it was not possible to determine if the summer house constituted a tenant dwelling and it was not clear whether the township knew of the exact use to which the summer house was put. Vacated and remanded.

  • Commonwealth v. Sweitzer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0013

    The evidence produced at trial was sufficient for the jury to reasonably infer that defendant constructive possession of the drugs and drug paraphernalia found in a vehicle driven by another individual given his suspicious behavior and the location of the contraband within defendants immediate reach. The appellate court affirmed defendants judgment of sentence.