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Publication Date: 2017-11-07
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Pharmaceuticals | Retail
Court: Courts of Common Pleas, Philadelphia
Judge: Judge Glazer
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1628
The court ordered a judgment by confession stricken where the parties modified contract did not contain a new warrant-of-attorney provision or republish a prior one.
Publication Date: 2017-10-31
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: No. 17-1577
The court overruled preliminary objections where a prior action involving the same mortgage was discontinued, and where plaintiff provided supporting documentation in connection with its answer to the preliminary objections. However, the court sustained a preliminary objection for the failure to properly verify the complaint.
Publication Date: 2017-10-31
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1585
The court exercised its equitable power to permit entry of an order nunc pro tunc confirming the transfer of a mortgage to plaintiff, even though the complaint did not allege the assignment of that interest to plaintiff.
Publication Date: 2017-10-17
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1507
In this action to collect on a credit card account, the court granted defendants motions to dismiss because plaintiff failed to allege sufficient facts to show it was the real party in interest, and the complaint and exhibit did not adequately set forth the credit agreement and the history of the charges
Publication Date: 2017-10-10
Practice Area: Civil Procedure | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Chief Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1146
Where the court entered judgment in favor of plaintiff and against defendant after holding a bench trial, defendant could not argue that the judgment morphed into a judgment upon default due to two misleading scrivener errors entered on the docket. The court denied defendants petition to open a judgment in plaintiffs favor.
Law Journal Press | Digital Book
Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.
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Publication Date: 2017-10-10
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1395
While plaintiffs mortgage foreclosure complaint was not deficient for failing to attach documentation of proper notices to defendants, the original promissory note or the banks merger with the original lender, the pleading verification did not comply with Rule 1024 since it failed to indicate whether the signer was an authorized officer of the bank.
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