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  • 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.

  • Nelson v. Acre Mortgage & Fin., Inc.

    Publication Date: 2022-11-28
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Saporito
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:17-cv-01050

    Court declined to certify plaintiff's interlocutory appeal of court's grant of summary judgment with respect to plaintiff's state-law recission, civil conspiracy and aiding and abetting claims because plaintiff failed to satisfy her burden of demonstrating that all three requirements for certification of an interlocutory appeal under 28 U.S.C. §1292(b) were met. Motion denied.

  • 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.

  • Pricharda v. Checkr, Inc.

    Publication Date: 2022-11-21
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5:22-cv-3180

    Defendant consumer reporting agency moved to compel arbitration in plaintiff's Fair Credit Reporting Act action alleging defendant provided false information to plaintiff's prospective employer and court found plaintiff voluntarily assented to defendant's website's clickwrap terms of service which contained a valid arbitration agreement. Motion granted.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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    View more book results for the query "*"

  • Magurczek v. Philadelphia Fed. Credit Union (Workers' Comp. Appeal Bd.)

    Publication Date: 2022-11-21
    Practice Area: Labor Law
    Industry: Financial Services and Banking | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 752 C.D. 2021

    Workers' compensation claimant could obtain award of appellate counsel fees for appeal to protect counsel fee award, if the award would reduce the money owed by the claimant to their attorney and therefore serve the claimant's interests. Application for summary relief granted in part, order of the Workers' Compensation Appeals Board reversed, case remanded.

  • Student Loan Solutions, LLC v. Sanchez

    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.

  • U.S. Bank N.A. v. Mid-Atlantic Acquisitions, Inc.

    Publication Date: 2022-11-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Wood
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1178 CV 2017

    Court denied motion for summary judgment in a matter concerning a disputed foreclosure action. Both plaintiff and defendant argued that they held title to the property and each objected to the other seeking to foreclose. Plaintiff failed to establish perfect chain of title in their prima facia case. Although the court disagreed with plaintiff that they would never have to establish perfect chain of title, they nevertheless denied the request for summary judgment and granted plaintiff thirty days to cure.

  • US Bank Nat'l Ass'n v. Beggin

    Publication Date: 2022-11-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2014-04007

    Defendants were not entitled to post-trial relief in this mortgage foreclosure action as their purported evidence of fraud, i.e., plaintiff's failure to attach the correct indorsement of transfer, suggested an inattention to detail rather than fraud. The court recommended affirmance of its order denying defendants' post-trial motion.

  • Portfolio Recovery Assoc., LLC v. Carter

    Publication Date: 2022-10-31
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5069-CV-2021

    Court denied defendant's motion for summary judgment. Although defendant argued summary judgment was proper because plaintiff failed to respond to the requests for admissions, the court ultimately found that genuine issues of material fact still existed because plaintiff, a corporation that sought recoveries of debt, failed to properly plead that they were the successor in interest on the debt.

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