• Cicardo v. Cicardo

    Publication Date: 2022-07-11
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0699

    Court partially granted defendant's request for "exceptions to the hearing office report." Specifically, the court reasoned that although defendant failed to appear at court and did not properly present evidence regarding the division of his assets, they nevertheless found that the evidence presented in defendant's request for an exception to the order was reasonable given that defendant was able to later demonstrate that the court's orders at the time were contrary to the evidence contained in the record.

  • Commonwealth v. Joyce

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0701

    Where an arresting officer presented evidence of defendant's "momentary and minor" deviations from traffic regulations while operating a vehicle, but no resulting safety hazards, the evidence was insufficient to demonstrate probable cause to conduct a traffic stop. The court of common pleas granted defendant's motion to suppress.

  • Commonwealth v. Else

    Publication Date: 2022-07-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0700

    Court's opinion asked the appellate court to dismiss defendant's appeal or alternatively, to affirm the court's judgment of sentence. Defendant appealed to the Superior Court claiming the court imposed a "manifestly excessive sentence." The court noted that they considered all relevant factors regarding the length of the sentence which were presented to the court in a pre-sentencing investigation report as well as at the pre-sentencing hearing. Furthermore, the court reasoned that defendant failed to properly file a post-sentencing o

  • Demarco v. Acker

    Publication Date: 2022-04-11
    Practice Area: Civil Appeals
    Industry: Real Estate
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0266

    In this 1925(a) opinion, the court recommended that the appeal be quashed to dispose of the potential post-trial motion or, alternatively, that the appeal be dismissed because the trial court order was not final. The court advocated quashing or dismissing the appeal.

  • Commonwealth v. Roman

    Publication Date: 2022-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0265

    The court denied defendant's motion to suppress marijuana given by defendant to police voluntarily but granted the motion to suppress for all evidence obtained from the two searches made by officers with consent of defendant. Motion denied in part, granted in part.

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  • Bradley v. Lehighton Area Sch. Dist.

    Publication Date: 2022-04-11
    Practice Area: Civil Procedure
    Industry: Education
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0263

    While the Declaratory Judgment Act is to be liberally considered, a declaratory judgment was not a proper remedy to determine rights of the parties in this case, brought under the Sunshine Act, where the alleged violators were no longer parties to the case or controversy. The court granted defendants' motion for summary judgment.

  • In Re: Change of name, Ryver Rose Markley

    Publication Date: 2022-01-31
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0031

    The court found that mother did not present a sufficient rationale for adding the surname of the child's stepfather to the child's surname such that the change was not in the best interests of the child. Amended petition to change name denied.

  • Matthew 2535 Prop., LLC v. Denithorne

    Publication Date: 2021-10-11
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1033

    Plaintiff, who entered into agreement to purchase a parcel of land improved with a restaurant building, was entitled to specific performance from defendant seller after the restaurant was destroyed by fire prior to the closing date, although defendant would not be ordered to rebuild the restaurant. Order in favor of plaintiff.

  • Clark v. County of Carbon

    Publication Date: 2021-10-11
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1038

    The court overruled plaintiffs' exceptions and objections to the upset tax sale of the real property, finding plaintiffs did not have standing and that the tax claim bureau's notices were sufficient. Trial court sought affirmance of its decision.

  • Weatherly Area Sch. Dist. v. Grega

    Publication Date: 2021-10-11
    Practice Area: Public Records
    Industry: Education | Legal Services | State and Local Government
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1039

    The Office of Open Records erred in directing the Weatherly Area School District to produce certain documents in response to a Right-to-Know Law request where the District demonstrated that the documents at issue contained information protected by the attorney-client privilege. The court of common pleas granted the school district's appeal.