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The court declined to impose a surcharge on an agent acting under a power of attorney where the document permitted the general unlimited authority to make gifts.
Plaintiff was not entitled to summary judgment on its claim that the defendant accountants violated the U.S. Racketeer Influenced and Corrupt Organization statute by committing fraud and engaging in negligent misrepresentation given questions of fact regarding whether defendants had the intent to defraud as opposed to a good faith belief that the information they provided was true. The court denied plaintiff's motion for summary judgment.
Publication Date: 2018-06-12 Practice Area:Criminal Law Industry: Court:Supreme Court Judge:Justice Mundy Attorneys:For plaintiff: for defendant: Case Number: 18-0687
Second PCRA petition dismissed as untimely where PCRA court could consider amended pro se petition after defendant forfeited right to PCRA counsel, thereby obviating claim of governmental interference. Order of the PCRA court affirmed.
The court permanently removed accountant Gloria Byars as guardian of the estates of two elderly persons where she engaged in self-dealing and breached her fiduciary duties and imposed a surcharge for her misconduct, while also warning the Philadelphia Corporation for Aging to conduct due diligence before nominating guardians to protect the elderly and incapacitated. The court sustained objector's objections.
Trial court properly ordered appellant to disclose an email a non-party sent to himself on his personal email because appellant lacked standing to assert the ordered disclosure was privileged since the attorney-client privilege belonged to the non-party, not to appellant. Affirmed.
Publication Date: 2018-06-12 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 18-0686
Motion to suppress evidence seized from second cell phone data extraction denied where original search warrant authorized second extraction as circumstances validating warrant remained unchanged at time of second extraction. Judgment of sentence affirmed.
Plaintiff's pro se in forma pauperis complaint against police chief was dismissed for lack of jurisdiction, since both plaintiff and defendant were citizens of Pennsylvania, and as being legally frivolous and failing to state a claim. Complaint dismissed.
Motion to suppress evidence properly denied where record supported finding police were given consent to enter residence and observed drug paraphernalia in plain view. Judgment of sentence affirmed.
Plaintiffs' complaint against several individuals in their capacity as officials of Colebrookdale Township failed to state a claim for official oppression as their actions taken in response to plaintiffs' quarrels with neighbors were not illegal. The court recommended affirmance of its order dismissing plaintiffs' claims with prejudice.
Defendants moved for summary judgment in plaintiff's action for declaratory and injunctive relief seeking access to an electric line easement across defendants' property to install fiber optic cable under 47 U.S.C. §541(a)(2) and court found the legal definition of "dedicated " applied and the easement on defendants' land had not been dedicated to public use. Motion granted.