• In re Dille Family Trust

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 43 OF 2019, O.C.

    The court held that the situs of a family trust was located in Lawrence County, Pennsylvania and that the beneficiaries, under both the terms of the amended trust and Pennsylvania law, could not change the situs of the trust without also changing the trustee.

  • In re Estate of Klobetanz

    Publication Date: 2023-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 76 OF 2022, O.C.

    The court found that respondent was given a possessory interest in all tangible property involving property not specifically bequeathed to others in a decedent's last will and testament on the basis that respondent was granted a possessory interest in the house that enabled her to continue to reside on the property for a period of three years.

  • Eggelston v. Richards

    Publication Date: 2023-01-16
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10753 OF 2019, C.A.

    The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.

  • Shiek v. Morgan

    Publication Date: 2023-01-09
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10244 OF 2022, C.A.

    Plaintiffs' allegations that the adult defendants allowed or encouraged underage drinking in their homes were sufficient to establish a legally cognizable claim for negligence as adults owe a duty of care to their minor guests and they breach that duty by serving minors alcoholic beverages of any amount. The court overruled defendants' preliminary objections in part.

  • Commonwealth v. Forkey

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 791 OF 2021, C.R.

    The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.

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  • Hahn v. Wilmington Twp.

    Publication Date: 2022-12-05
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 11008 OF 2021, C.A.

    Respondent, a commonwealth township, failed to properly respond to an Office of Open Records final determination directing the production of invoices for solicitor services where it produced redacted copies of such invoices without substantiating any alleged privilege. The court granted a petition to enforce.

  • Stevenson v. Sallmen

    Publication Date: 2022-12-05
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10134 OF 2022, C.A.

    While defendants failed to attach to their notice of appeal one of the two magisterial district court judgments they challenged, the disposition and judgment summaries attached contained information regarding both cases, and plaintiffs would not be prejudiced by allowing defendants to pursue their claims. The court overruled plaintiffs' preliminary objections.

  • St. Marguerite Club v. Newspaper Holdings, Inc.

    Publication Date: 2022-11-28
    Practice Area: Communications and Media
    Industry: Food and Beverage | Technology Media and Telecom
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10027 of 2021, C.A.

    Plaintiffs' complaint sufficiently established the defamatory nature of statements in defendants' newspaper and their application to plaintiffs, while those statements were not entitled to "fair comment" privilege because they read as reported fact and purported to delineate recent events. The court overruled in part defendants' preliminary objections.

  • Woloszyn v. Nationwide Prop. & Cas. Ins. Co.

    Publication Date: 2022-11-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10246 of 2022, C.A.

    Court denied defendant insurance company's motion to dismiss plaintiff's bad faith insurance claim. Defendant argued that they were not obligated to provide coverage because plaintiff's previous policy contained a provision reducing coverage which had transferred to her new policy. The court disagreed, holding that 75 Pa.C.S.A. §1731 requires that insurance companies receive a signed resignation of underinsured/uninsured motor vehicle coverage and defendant's argument that the old coverage limits transferred must fail.

  • Commonwealth v. Lucicosky

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 189 OF 2022, C.R.

    The court granted in part and denied in part criminal defendant's pretrial motion for a writ of habeas corpus. The court reviewed the extensive evidence demonstrating that the prosecution had sufficient probable cause to hold defendant on a majority of the crimes he was charged with. The court only granted defendant's motion with regard to a trespass count codified in 18 Pa.C.S.A. §3503(b.1)(1)(i), finding that defendant had acted in a way to conceal his presence on the property and did not intend to terrorize the family while stealin