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  • Herbert v. Herbert

    Publication Date: 2018-07-24
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, York County
    Judge: Judge Adams
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0819

    Plaintiff's complaint failed to set forth a viable claim for breach of contract where the purported oral agreement calling for defendant to transfer title of a mobile home back to plaintiff upon the death of plaintiff's wife lacked the essential element of consideration. The court sustained defendant's preliminary objections.

  • Deutsche Bank National Trust Co. v. Tassinari et al

    Publication Date: 2018-07-24
    Practice Area: Landlord Tenant Law | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0820

    The plaintiff property owner gave the former owners notice to vacate the property as a courtesy where they held over as occupants after the property was sold at a sheriff's sale, but plaintiff was under no obligation to do so and defendants failed to set forth any basis to defeat plaintiff's request for summary relief in this ejectment action. The court granted plaintiff's motion for summary judgment.

  • Conversano v. Parker Oil Co., P.C.

    Publication Date: 2018-07-24
    Practice Area: Corporate Entities | Real Estate
    Industry: Energy
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0847

    Issues of fact and credibility precluded summary judgment as to causation and habitability issues pertaining to an oil spill during the delivery of heating fuel to plaintiffs' home. However, the court granted summary judgment regarding damage to a water line and on the negligent infliction of emotional distress claim.

  • In re: Adoption of D.M.C. and A.L.C.

    Publication Date: 2018-07-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0857

    Trial court erred by involuntarily terminating parental rights where it appointed counsel without expressly stating whether counsel would advocate for children's best interests or would serve children's statutory right to counsel representing their legal interests. Order of the trial court vacated, case remanded.

  • Commonwealth v. Johnson

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0851

    The trial court did not err in denying defendant's challenge to the weight of the evidence where any alleged contradictory testimony supporting his criminal conviction, when viewed as a whole, was complimentary and any difference in testimony involved a minor discrepancy. The appellate court affirmed defendant's judgment of sentence.

  • Broomfield v. Hochwarter

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0845

    The court denied a defendant's preliminary objection based on lack of personal jurisdiction, because the sheriff's return of service indicated that this defendant was timely served.

  • Commonwealth v. Montgomery

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0852

    The trial court erred in quashing a charge against defendant for carrying a concealed firearm in violation of 18 Pa.C.S. §6106 where the firearm at issue was tucked into defendant's waistband with just the handle visible and, thus, there was sufficient evidence of concealment. The appellate court reversed and remanded for further proceedings.

  • Wells Fargo, N.A. v. Toth

    Publication Date: 2018-07-24
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0846

    The court denied a petition to open or strike the default judgment in this mortgage foreclosure matter, because the moving party failed to explain why he delayed more than 30 days in seeking relief, and he failed to attach an answer to his petition.

  • Smith v. The Univ. of Scranton

    Publication Date: 2018-07-24
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Caputo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0862

    The court granted defendant's motion for summary judgment in plaintiff's action asserting retaliation for requesting an accommodation under the ADA because plaintiff could not establish a prima facie case where she was terminated for poor performance 33 months after her request for an accommodation was granted, her allegations of hostility were not backed up by any evidence and she was unable to show a "corporate culture" of retaliation. Motion granted.

  • S.T. v. R.W.

    Publication Date: 2018-07-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0864

    Trial court erred in denying incarcerated mother's request for telephone contact with her daughter and in awarding sole legal custody to father because trial court's failure to notify mother of her right to request that she be present at the hearing via writ of habeas corpus ad testificandum was reversible error and trial court erroneously determined the extent of mother's "supervised physical custody" without proper consideration of all relevant factors. Order vacated.