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Where real property was sold at a sheriffs sale and later subject to redemption, appellant was not entitled to recover cost of repair where it failed to show such repairs were reasonable and necessary expenses actually paid.
Publication Date: 2018-01-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1899
The trial court erred in prohibiting the commonwealth from calling a police officer to testify at trial as a remedy for the commonwealths purported discovery violation where the requested material was not mandatory discovery under Pa.R.Crim.P. 573(B)(1)(a). The court reversed the trial courts discovery sanction order and remanded.
Defendants sexually violent predator designation did not unlawfully increase the length of his registration period where he was convicted of aggravated indecent assault, a Tier III offense, which required him to register quarterly for life, regardless of the SVP designation. The court recommended affirmance of its sentencing order.
Publication Date: 2018-01-09 Practice Area:Real Estate Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1913
Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.
Publication Date: 2018-01-09 Practice Area:Real Estate Industry: Court:Commonwealth Court Judge:Judge Colins Attorneys:For plaintiff: for defendant: Case Number: 17-1912
Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.
Manager of title lending company moved to dismiss plaintiffs RICO and Pennsylvania loan interest and protection law claims, arising from an online title loan, asserting he enjoyed tribal immunity, the action was an official capacity suit and the court lacked personal jurisdiction over him but the court found that manager was the real party in interest, he was not entitled to tribal sovereign immunity since the action was personal capacity suit and the court had personal jurisdiction over him because he oversaw companys purposeful di
Suppression of warrantless blood draw results properly granted where drivers consent was obtained after being given warning of enhanced criminal penalties in event of refusal to consent. Order of the trial court affirmed.
Publication Date: 2018-01-09 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 17-1902
Trial courts removal of pro se defendant and conducting of a trial in absentia constituted non-frivolous appellate issue due to the denial of any representation of defendants interests at trial. Counsels motion to withdraw denied.
Evidence that defendant fired a gun at a vital organ of the victim was sufficient evidence for the jury to infer defendants intent to kill and malice for first-degree murder and aggravated assault convictions. Judgment of sentence affirmed.
The court did not abuse its discretion in this mortgage foreclosure matter by refusing to set aside a sheriffs sale where neither defendant nor his attorney appeared at the emergency hearing.