• Westminster Am. Ins. Co. v. Bond

    Publication Date: 2023-03-06
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 161 CIVIL 2021

    Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.

  • Brown v. Monroe County Tax Claim Bureau

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5781 CV 2022

    The court granted plaintiff landowner's petition to set aside an upset tax sale on the grounds that the tax bureau failed to present any credible evidence that they complied with the notice and service requirements under 72 P.S. §§5850.602 and 5850.607a of the Real Estate Tax Sale Law.

  • Soulen v. Kungl

    Publication Date: 2023-02-20
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5949 CIVIL 2021

    The court entered summary judgment in defendants' favor finding that although plaintiffs sought to expand the geographical area of an easement, plaintiffs improperly advanced their argument under the doctrine of boundary by consent, which, only applies to disputes regarding property boundaries rather than easements.

  • Ace v. Ace

    Publication Date: 2023-02-20
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6242 CIVIL 2020

    The court opined, based on standards set forth in 2021's Spencer v. Johnson, that the superior court would rule that joint and several liability applied to all defendants, without the limitations of the Fair Share Act, unless the plaintiff had some amount of contributory negligence. The court awarded plaintiff $345,866 in damages.

  • Dunlop v. Dunlop

    Publication Date: 2023-02-13
    Practice Area: Trusts and Estates
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1609 CIVIL 2021

    Defendant wife acted improperly when she sold a parcel of property owned by husband's company without authority to do so under a power of attorney, and was unjustly enriched by that unauthorized sale and retention of the proceeds for her own use. The court granted plaintiffs' motion for summary judgment.

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  • Yotov v. Reliable Concrete Repair & Rehab

    Publication Date: 2023-01-23
    Practice Area: Contracts
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6929 CIVIL 2021

    Defendants did not deny in their answers to various discovery demands that the work they performed on a contract for a concrete foundation was defective, not suitable for its intended purpose and not up to industry standards; therefore, the record was sufficient to demonstrate a breach of contract. The court granted plaintiff's motion for partial summary judgment.

  • Couverthier v. Bozek

    Publication Date: 2023-01-09
    Practice Area: Landlord Tenant Law
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5481 CIVIL 2021

    The court granted plaintiff landlord's motion to dismiss in an ejectment action finding that plaintiff provided evidence that a notice to quit was served on defendants in accordance with the lease terms and defendants subsequently failed to vacate the property. Although defendants argued that there was an oral agreement between the parties that defendants would eventually purchase the property, the court explained that pursuant to the Statute of Frauds, an oral promise for the sale of real property is unenforceable.

  • Bank of Am. v. Davalos

    Publication Date: 2022-11-28
    Practice Area: Civil Appeals
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3347 CIVIL 2022

    The court denied plaintiff's preliminary objection to defendant's counterclaim in an ejection matter. Specifically, the plaintiffs claimed defendant's counterclaim did not stem from the foreclosure action and they were therefore precluded from requesting damages under Pa.R.C.P. 1148.

  • U.S. Bank Trust Nat'l Ass'n v. Radoi

    Publication Date: 2022-11-28
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10295 CIVIL 2019

    The court denied defendant debtor's request to open a default judgment in a foreclosure action on the basis that defendants failed to provide a reasonable excuse or explanation for their failure to file a responsive pleading. Although defendants argued that they did not receive proper notice under Pa. R.C.P. 237.1(a), the court disagreed, finding that they had received notice but nevertheless failed to file an answer to the complaint.

  • U.S. Nat'l Bank Ass'n v. Berger

    Publication Date: 2022-11-28
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1182 CV 2022

    Plaintiff's evidence, including the convincing testimony of a bank recovery litigation manager, demonstrated that the parties entered into a credit card agreement, defendant activated the card by incurring debt and later breached the parties' agreement by defaulting on the balance owed. The court entered judgment for plaintiff.