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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.
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.
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.
Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Construction | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 2094 CIVIL 2022
While the allegations in plaintiff's complaint lacked factual averments to support piercing the corporate veil of the defendant corporation to reach its sole member, the pleading alleged sufficient facts to allow plaintiff's claims against the individual defendant to go forward based upon the participation theory. The court overruled defendants' preliminary objections.
Publication Date: 2022-11-14
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 3376 CIVIL 2022
Plaintiff properly challenged defendants' preliminary objection to his amended complaint as the objection was based on the alleged boundary lines of certain municipalities, i.e., facts which were not yet in evidence, thereby constituting an improper speaking demurrer. The court overruled defendants' preliminary objections in part.
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Publication Date: 2022-11-14
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: 3430 CIVIL 2022
Court denied motion for summary judgment finding that although defendant argued plaintiff's claims were barred under the applicable statute of limitations because the last payment on the account triggering the complaint was made more than four years ago, defendant failed to attach any proof of this alleged date to her motion. Accordingly, the court found a genuine issue of material fact still existed.
Publication Date: 2022-11-14
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6050 CIVIL 2019
Court denied defendants' motion to seal the record of settlement, finding that they failed to show good cause to overcome the presumption of openness within the judicial system. Although defendants argued that the settlement would garner unwanted attention from the media and uninterested third parties, the court found that this argument was merely speculative in nature as defendants had failed to point to a single incident of intrusion into their personal or professional lives.
Publication Date: 2022-11-14
Practice Area: Real Estate
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5564 CIVIL 2016
Court granted motion for reconsideration and summary judgment finding that defendants were able to show that previous foreclosures and judgments on the property had resulted in a merger, clearing the property's title of liens giving rise to the dispute.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 317 CIVIL 2021
The court granted plaintiff's request for specific performance regarding a real estate contract. Defendant failed to appear on the closing date and/or respond to plaintiff's request for enforcement of the contract. Plaintiff had already paid a down payment on the property and was ready, willing, and able to take possession of the property on the closing date. Defendant did not appear at the closing and defendant's whereabouts were unknown. Plaintiff initiated an action, seeking specific performance.
Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
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