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Publication Date: 2024-09-20
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 218-CV-2024
Defendant filed preliminary objections to assignee-plaintiff's complaint seeking recovery on a credit card debt. The court dismissed the preliminary objections, holding that plaintiff's complaint was sufficiently specific and legally sufficient, even absent attached writings necessary to satisfy Pa. R. Civ. P. 1019(i).
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 791 MDA 2022
Commonwealth appealed the trial court's order granting appellee's post-sentence motions for discharge or alternatively for a new trial on weight-of-the-evidence grounds. The court reversed, affirmed the grant of a new trial, and remanded for further proceedings, holding in pertinent part that the trial court did not abuse its discretion in concluding the jury's verdict shocked its conscience in light of the trial court's review of alternative theories for victim testimony accusing appellee of sexual molestation.
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge Beck
Attorneys: For plaintiff:
for defendant:
Case Number: 1551 MDA 2023
Court found trial court did not abuse its discretion in entering default judgment as a sanction for defendant's willful failure to comply with discovery obligations and withholding records necessary to determine the amount owed on the mortgage at issue. Order of the trial court affirmed.
Publication Date: 2024-09-20
Practice Area: Family Law
Industry: Education | State and Local Government
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 230 EDA 2024
Court found no error in admitting children's school records obtained from the school district under the hearsay exception for records of a regularly conducted activity. Judgment of the trial court affirmed.
Publication Date: 2024-09-20
Practice Area: Energy and Natural Resources
Industry: Mining and Resources
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 854 WDA 2023
Trial court erred as a matter of law in sustaining coal owners' preliminary objection asserting improper venue and transferring the case to Greene county because venue in Allegheny county was proper on appellants' breach of contract, negligent misrepresentation and abuse of process claims relating to oil well drilling. Vacated and remanded.
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Publication Date: 2024-09-20
Practice Area: Litigation
Industry: Non-Profit | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 4898 CV 2022
Plaintiff filed a motion for contempt and sanctions against defendant for defendant's alleged failure to comply with the court's order for turnover of certain firefighting vehicles and equipment. The court granted the motion in part, holding that defendant township volunteer fire company violated the court's order with volition and wrongful intent, and therefore was subject to contempt sanctions, where it stripped fire department vehicles of equipment before complying with the court's order to relinquish title and possession of the ve
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 876 WDA 2023
Trial court erred in denying appellants' petition for reimbursement from neighbors for proportional expenses for repairing an easement across appellants' land because under the plain and unambiguous language of the settlement agreement and easement deeds, the easement owners and appellants agreed and covenanted to share the costs of any "maintenance." Reversed.
Publication Date: 2024-09-20
Practice Area: Tax
Industry:
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1457 C.D. 2022
Appellant failed to demonstrate standing to seek distribution of excess tax sale proceeds where appellant never held an ownership interest in the property and the evidence was insufficient to demonstrate that she was the sole heir of the owner's estate. Order of the trial court affirmed, cross-application to quash denied.
Publication Date: 2024-09-20
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Fayette County
Judge: Judge Vernon
Attorneys: For plaintiff:
for defendant:
Case Number: 1986 of 2021, G.D.
Real estate agents and their real estate agency sought summary judgment in buyers' action alleging misrepresentations in the sale of real property. The court denied the summary judgment motion in part and granted it in part. The court held in pertinent part that plaintiffs stated claims for intentional misrepresentation and violation of the Unfair Trade Practices and Consumer Protection Act where evidence created fact questions whether sellers' real estate agent knowingly misrepresented the ownership and legality of a gravel driveway
Publication Date: 2024-09-20
Practice Area: Criminal Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 871 C.D. 2023
Petitioner sought review of respondent Pennsylvania Parole Board's order affirming its earlier determination recommitting him as a convicted parole violator. The court affirmed, holding that petitioner forfeited his 569 days of parole street time credit when he was recommitted as a convicted parole violator for subsequent violent crimes.
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