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Publication Date: 2023-08-21
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: 22-2052
Petitioner challenged defendant's public sale of a real estate parcel for unpaid taxes, contending the sale was invalid for lack of compliance with the notice provisions of the Real Estate Tax Sale Law. The court overruled petitioner's exceptions and objections and validated the sale.
Publication Date: 2023-03-20
Practice Area: Discovery
Industry: Investments and Investment Advisory | Non-Profit | Real Estate
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0801
The court requested that the appellate court affirm the ruling of the trial court granting in part and denying in part a request to compel the production of certain documents in a lawsuit against a condominium association. The court affirmed on the basis that defendant should have been ordered to produce documents in their possession as outlined in 15 Pa.C.S.A. §5508.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 202300986
While wife's income had increased since the time the parties entered into a property settlement agreement, husband was not entitled to a reduction in his alimony obligation to wife because he failed to establish any basis for such relief under the terms of the settlement agreement. The court recommended affirmance.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carson County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 15-1186
The court denied an appeal from the court's decision to award attorneys' fees and costs pursuant to 23 Pa.C.S.A. §5339 on the basis that appellant had acted in bad faith in requesting a psychological evaluation that they later abandoned. The court agreed to grant appellee associated costs in defending the request and disagreed with appellant's argument that fees could only be awarded under §5339 in instances where a party is found in contempt of court.
Publication Date: 2022-10-17
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0698
The decision to award wife 70 percent of the marital portion of husband's pension conflicted with Pennsylvania law as the hearing officer failed to recognize the inclusion of husband's pension income for a child support calculation in awarding a division of those pension payments. The court of common pleas recommended affirmance.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2022-10-17
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Carbon County
Judge: Judge Matika
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1614
Plaintiff could not recover stacked underinsured motorist coverage benefits where her father, the original insured, executed a valid stacking waiver when he first purchased the insurance policy and the subsequent substitution of a replacement vehicle did not require the insurer to secure a new waiver. The court dismissed plaintiff's declaratory judgment complaint.
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.
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.
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
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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