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Pennsylvania Mortgage Law
 
United States of America v. Daniel Mumbower

Daniel Mumbower, 35, a former banker, of Glassboro, NJ, was sentenced to 41 months in prison for two counts of bank fraud and one count of receiving bribes by a bank employee for his role in a scheme that defrauded lenders of nearly $3 million. U.S. District Court Judge C. Darnell Jones, II, also ordered three years of supervised release, a $300 special assessment, restitution of $2,718,758, and ... More...   $0 (03-11-2014 - PA)

Daniel R. Sherzer v. Homestart Mortgage Services

This appeal arises under the Truth in Lending Act (TILA), 15 U.S.C. § 1601 et seq. Congress enacted TILA in 1968 to promote the ―informed use of credit.‖ Id. § 1601(a). To achieve this goal, TILA sought ―to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit... More...   $0 (02-06-2013 - PA)

In Re: Berry L. Michael

This appeal raises a question of first impression involving the interpretation of Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 101 et seq., in the common circumstance of a debtor converting his or her case from a Chapter 13 adjustment of debts under a reorganization plan to a Chapter 7 liquidation of assets and distribution to creditors.1 If at the time of conversion the Chapter 13 trustee is... More...   $0 (10-26-2012 - PA)

Nationwide Life Insurance Company v. Commonwealth Land Title Insurance Company

This interlocutory appeal requires interpretation of a title insurance policy that contains a widely-used endorsement known as the American Land Title Association 9 Endorsement (“the ALTA 9 Endorsement”). Specifically, this court must decide whether the scope of coverage under ¶ 1(b)(2) of the ALTA 9 Endorsement encompasses losses resulting from entire instruments, or whether the coverage is ... More...   $0 (07-25-2012 - PA)

Vickie J. Goodemote v. John R. Goodemote

In this divorce action, John R. Goodemote (“Goodemote”) appeals from the Order and Decree ruling that the increase in value of Goodemote’s investment account (“the Investment Account”), funded via Goodemote’s pre-marital deposits of his federal veterans’ disability benefits payments, is marital property subject to equitable distribution. We affirm. The facts underlying this appeal ar... More...   $0 (05-19-2012 - PA)

Tracey L. Barber v. Commonwealth of Pennsylvania

Tracey L. Barber appeals pro se from the January 10, 2011, order of the Court of Common Pleas of Allegheny County (trial court), which sustained the preliminary objections of the various defendants and dismissed the complaint filed by Barber with prejudice. We affirm.

In December 2008, Barber filed a complaint with the trial court at GD 08-026638 against Cendant Mortgage, PHH Mortgage Servi... More...
   $0 (01-09-2012 - PA)

Justin E. Focht v. Tracy L. Focht

In this case, we interpret a provision of the Pennsylvania Divorce Code1 to establish when a cause of action in negligence accrues for purposes of determining whether the settlement proceeds are marital property. Because the Superior Court erred in its interpretation of the relevant statutory provision, we reverse. On April 1, 1999, Justin E. Focht (hereinafter “Appellee”) sustained a serious ... More...   $0 (11-23-2011 - PA)

Darwin R. Tobias v. Haifax Township

Darwin and Shirley Tobias appeal an order of the Dauphin County Court of Common Pleas granting Halifax Township’s motion for judgment on the pleadings in a civil action arising out of a long-standing dispute between the Tobiases and the Township over the realignment and reconstruction of Keefer Road, which abuts and bisects the Tobiases’ property. The trial court held that the Tobiases’ clai... More...   $0 (08-26-2011 - PA)

Adnrew A. Lang, Jr. v. Commonwealth of Pennsylvania Department of Transportation

In this eminent domain case, Andrew A. Lang, Jr. (Lang) appeals from an order of the Court of Common Pleas of Allegheny County (trial court) that sustained the Department of Transportation’s (DOT) preliminary objections to Lang’s petition for the appointment of a board of viewers (petition for viewers) alleging a de facto taking occurred prior to DOT’s filing of a declaration of taking.
<... More...
   $0 (02-18-2011 - PA)

Gene Percudani v. Pocono Record

Gene Percudani and his companies, Raintree Homes and Chapel Creek Mortgage Banker, sued the Pocono Record on a libel theory claiming that a series of investigative articles published in 2001 about abusive home-sale practices, including use of inflated appraisals to sell homes for more than they were worth to those who could least of afford them. Percudani alleged he was falsely portrayed â... More...   $0 (10-21-2010 - PA)

Melrose, Inc. v. City of Pittsburgh

Melrose, Inc. (“Melrose”) brought this action challenging the Pittsburgh Zoning Board’s rejection of its applications to change the Identification Signs on five Pittsburgh buildings. The proposed building names included “wehirenurses.com building” and “palegalhelp.com.” The Zoning Board determined that the signs were Advertising Signs and were therefore prohibited in the zoning distr... More...   $0 (07-20-2010 - PA)

Louis R. Vallies v. Sky Bank

In this putative class action, the sole issue presented by this appeal is whether a plaintiff must prove detrimental reliance in order to recover actual damages sustained because of a disclosure violation under § 1640(a)1 of the Truth in Lending Act (“TILA”), 15 U.S.C. §§ 1601–67. The District Court, following persuasive authority from our sister courts of appeals, concluded that detrimen... More...   $0 (01-01-2010 - PA)

Bruce Gelman v. State Farm Mutual Automobile Insurance Company

Bruce Gelman appeals the district court’s Rule 12(b)(6) dismissal of the claims he filed under the Fair Credit Reporting Act that arose from an allegedly improper disclosure of his credit report and a subsequent mailer from an insurance company that arose from that disclosure. For the reasons that follow, we will affirm the district court.

I. FACTUAL BACKGROUND1

On or about Novembe... More...
   $0 (10-10-2009 - pa)

August Arnold v. CMC Engineering

In this qui tam action, filed by August Arnold, the Relator alleges that the Defendants, consultants who provided services to the Pennsylvania Department of Transportation (“PennDOT”), falsified their credentials to qualify for higher pay rates. Arnold contends that, as a result, the consultants defrauded the federal government, which funded the contracts at issue, in violation of the False Cl... More...   $0 (05-05-2009 - PA)

M. Clark McCutheon v. America's Servicing Company, Fremont Investment & Loan Company, United Home Savings, LLC

M. Clark McCutcheon obtained a variable-rate mortgage on his home in December 2005. He challenged the validity of that mortgage in July 2006, filing suit against the mortgage broker, the mortgage lender, and the mortgage servicer. After a bench trial, McCutcheon was awarded some of the relief he sought when the District Court found that the mortgage lender, Fremont Investment & Loan Company (“Fr... More...   $0 (03-23-2009 - PA)

Allstate Settlement Corporations v. Rapid Settlements, Ltd.; Andino Ward

State legislation requires court approval of the transfer of future periodic payments provided by a structured settlement of a personal injury claim. In this case, a factoring company sought to evade that requirement by the use of arbitration after a state court refused to approve a lump sum payment in exchange for the rights to future installments. The District Court criticized the factoring comp... More...   $0 (03-19-2009 - PA)

Lynnebrook adn Woodbrook Associates, et al. v. Borough of Millersville

In this appeal, we are asked to determine whether the Commonwealth Court erred in upholding the trial court’s determination that Millersville Borough Ordinance No. 2004-5, levying a $30 tax on the consummation of residential lease transactions, was permitted under Section 2(1) of the Local Tax Enabling Act (“LTEA”).1 For the following reasons, we reverse.

The facts of this case are st... More...
   $0 (12-17-2008 - PA)

Robert K. Dee, Jr. v. Dorough of Dunmore; Dorough of Dunmore Council; Joseph Loftus; Thomas Hennigan; Joseph Talutto; Frank Padula; Leonard Verrastro; Michael Cummings, individually and in their capacity as Councilmen

Appellant Robert Dee, Jr. appeals from the final order of the United States District Court for the Middle District of Pennsylvania granting summary judgment in favor of Appellees the Borough of Dunmore, the Borough of Dunmore Council, and various Borough officials: Joseph Loftus, Thomas Hennigan, Joseph Talutto, Frank Padula, and Leonard Verrastro (collectively “the Borough”). In June of 2005,... More...   $0 (12-04-2008 - PA)

Lisa Y. Campuzano-Burgos, et al. v. Midland Credit Management, Inc., J. Brandon Black, Ron Eckhardt, Midland Funding, LLC, Midland Funding NCC-2 Corp., MCR Receivables Corp.

In this appeal we consider whether a debt collection company violates the Fair Debt Collection Practices Act by sending debtors settlement offers that bear the name of one of the company’s senior executives. We conclude that no violation occurred in the circumstances presented here. Because the District Court held that the practice was not in conformity with the statute, we will remand for entry... More...   $0 (12-21-2008 - PA)

Lisa Dillon v. Homeowner's Select, Affinity Insurance Services, Inc.

¶ 1 In a case of first impression, we address whether Appellant Lisa Dillon (“Dillon”) may assert a cause of action for money damages against a private employer for gender-based discrimination under the Equal Rights Amendment of the Pennsylvania Constitution. Pa. Const., art. I, § 28. We conclude that there is no private right of action for damages against a private employer under the Equal ... More...   $0 (09-29-2008 - PA)

Consol Pennsylvania Coal Company v. The Farmers National Bank of Claysville and Jon Holbert Carter and Patricia W. Carter

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings... More...   $0 (09-10-2008 - PA)

Richard J. Lewis, et aux v. Atlas Van Lines, Inc.

This appeal involves a claim by Richard and Patricia Lewis against Atlas Van Lines, Inc. (“Atlas”) for damages incurred as a result of Atlas’s failure to live up to its promise to move the Lewises’ household belongings by a date certain.

The District Court dismissed the Lewises’ claim, concluding that they had failed to comply with the procedural requirements of 49 U.S.C. § 14706... More...
   $0 (09-11-2008 - PA)

Christian M. DeJohn v. Temple University, et al.

Christian DeJohn sued Temple University, its former president, David Adamany, and two of his former graduate school professors, Richard H. Immerman and Gregory J.W. Urwin (hereinafter collectively referred to as “Temple” or “the University”) in an eight-count complaint for violations of, inter alia, First Amendment freedom of speech and expression stemming from the University’s Policy on... More...   $0 (08-04-2008 - PA)

Soverign Bank v. BJ's Wholesale Club, Inc.; Fifth Third Bancorp

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose from th... More...
   $0 (08-04-2008 - PA)

Christian M. Dejohn v. Temple University; David Adamany, etc., et al.

Christian DeJohn sued Temple University, its former president, David Adamany, and two of his former graduate school professors, Richard H. Immerman and Gregory J.W. Urwin (hereinafter collectively referred to as “Temple” or “the University”) in an eight-count complaint for violations of, inter alia, First Amendment freedom of speech and expression stemming from the University’s Policy on... More...   $0 (08-04-2008 - PA)

Kehm Oil Company, et al. v. Texaco, Inc., et al.

Kehm Oil and Golden Oil (collectively, “Kehm”), owned by George Kehm, were dealers of Texaco-branded gasoline in Western Pennsylvania for 44 years, owning 28 Texaco gas stations by the end of the relationship. Over that period of time, Kehm entered into franchise agreements with various distinct Texacoowned entities, including Motiva Enterprises, LLC (“Motiva”).

Motiva, which was at... More...
   $0 (08-03-2008 - PA)

Norfolk Southern Railway Company v. Basell USA, Inc.

Norfolk Southern Railway Co. ("Norfolk Southern") and its customer Basell USA Inc. ("Basell") agree that Basell breached a contract that existed between them. They disagree, however, as to whether the breach was material and whether it constituted a repudiation - either of which would have entitled Norfolk Southern to terminate the contract. On cross-summary judgment motions, the Dist... More...   $0 (01-13-2008 - PA)

Patricia West v. Lincoln Benefit Life Company

This matter arises out of a dispute over whether a policy for life insurance was in force upon the death of James West, Jr. The insurer, Appellee Lincoln Benefit Life Company ("Lincoln Benefit"), argues that Mr. West's policy had lapsed for nonpayment of premiums and had not been reinstated. Because the policy was not in force at the time of Mr. West's death, Lincoln Benefit submits, it... More...   $0 (01-03-2008 - PA)

Mary Gay, on hehalf of herself and all others similarly situated, v. Creditinform, et al.

This case arises from appellant Mary Gay's purchase of credit repair services from defendants CreditInform and Intersections Inc. ("Intersections"). Gay, however, filed a notice 1CreditInform is not a legal entity but merely is a trademark Capital One has registered through which to market products and services through Capital One Services, Inc. Intersections then provides the products ... More...   $0 (01-03-2008 - PA)

United States of America, et rel. Paul E. Atkinson; Eugene Schorsch b. PA Shipbuildign Company; First Fidelity Bank, N.A., Sun Ship, Inc.

Paul Atkinson claims that certain companies conspired to and did defraud the United States Navy in connection with a contract to build oil tankers. Atkinson brought a qui tam action1 under the False Claims Act ("FCA" or "the Act"), 31 U.S.C. §§ 3729-33,2 alleging both false claims and "reverse" false claims.

Following submission of the Third Amended Complaint, the District Court dis... More...   $0 (01-18-2007 - PA)

Scirex Corporation v. Federal Insurance Company

Plaintiff Scirex Corp. ("Scirex"), a firm specializing in clinical testing of new drugs for pharmaceutical companies, brought this suit against defendant Federal Insurance Company ("Federal") in the District Court for the Eastern District of Pennsylvania, seeking payment under Federal's "Blanket Employee Dishonesty" policy, which covered losses caused by Scirex employees' fraudul... More...   $280000 (12-23-2002 - PA)

Milton Riseman v. Advanta Corp., et al.

This appeal from a jury verdict was brought by defendants Advanta Corp. and its wholly owned subsidiary, Advanta Mortgage Corp., U.S.A. (together, "Advanta"), with a cross-appeal by plaintiff Milton Riseman ("Riseman"). For the following reasons, we will affirm the District Court's September 7, 2001 judgment, except that we will reduce Riseman's damages under the Pennsylvania Wage Payment and... More...   $1435000 (07-08-2002 - PA)

Margaret Newton, et al. v. United Companies Financial Corp., et al.

Mortgage lender, United Companies Lending Corp., and its parent company, United Companies Financial Corp., (together referred to as "United") appeal from an award of attorneys’ fees following a bench trial on several claims plaintiffs brought under various provisions of federal and state law. The district court awarded the plaintiffs attorneys’ fees in the amount of $375,62... More...   $0 (04-05-2002 - PA)

Ethan Good v. Timothy A. Holstein and Donna L. Holstein

1 Appellants, Timothy and Donna Holstein, ask us to determine whether the trial court erred when it found them personally liable to Appellee, Ethan Good, in the amount of $315,841.18. We hold that the trial court improperly found Appellants personally liable and reverse the trial court’s judgment.

2 The relevant facts and procedural history of this appeal are as follows. On May 29, ... More...   $0 (11-16-2001 - PA)

Milton Riseman v. Advanta Corp.

Age Discrimination in Employment Act and Retalization Claims - Plaintiff, the former President and CEO of Advanta Mortgage Corporation, claimed that he was terminated because of his age or, in the alternative, for filing an age discrimination claim. Plaintiff started working for Defendant in 1992 at age 55. At the time that he says he was forced out, at age 62, he was earning $385,000 plus bonus... More...   $3900000 (09-17-2001 - PA)

LEROY J. SMITH; GEORGETTE BECKON; MARCIA T. SMITH, individually; VALISE C. MATTHEWS, individually, on behalf of themselves and all others similarly situated v. JOHN G. BERG; COLUMBIA NATIONAL INCORPORA TED; FIRST TOWN MORTGAGE CORPORATION;

Federal Racketeer Influenced and Corrupt Organizations Act Claims - "RICO" - Plaintiffs allege that Defendant, John G. Berg ("Berg"), acting through corporate entities, misled them into purchasing homes which they could not afford by fraudulently asserting that their homes would be entitled to various tax abatements and mortgage credit certificates.1 The Plaintiffs further allege that the De... More...   $0 (04-19-2001 - PA)

Carol Sotelo v. Washington Mutual Insurance Company and Everett Cash Mutual Insurance Company.

On October 27, 1992, a fire destroyed the Delhurst Country Inn in North East Township, Erie County, Pennsylvania. At the time, Randco, Inc., owned the property, and it owed Sotelo a total of $395,545.37, which included substantial late payment penalties. Sotelo held two mortgages on the property in the combined amount of $389,000, and Washington Mutual Insurance Company insured the building under... More...   $255403 (01-28-1999 - PA)

American Financial Mortgage Corporation v. Commonwealth Land Title Insurance Company

Defamation - Title company issued a memo saying that American Financial Mortgage Corporation was in potential financial difficulty when, due to a clerical error, an insufficient funds check was issued. Recipients of the memo issued additional memos indicating that American Financial was financially unstable or closing. As a result of the distribution of incorrect information about its financial ... More...   $15000000 (03-03-1999 - PA)

American Financial Mortgage Corporation v. Commonwealth Land Title Insurance Company

Defamation - Title company issued a memo saying that American Financial Mortgage Corporation was in potential financial difficulty when, due to a clerical error, an insufficient funds check was issued. Recipients of the memo issued additional memos indicating that American Financial was financially unstable or closing. As a result of the distribution of incorrect information about its financial ... More...   $15000000 (03-03-1999 - PA)

Newton v. United Companies Financial Corporation

Home Ownership and Equity Protection Act (15 U.S.C. 1635), Truth in Lending Act, Equal Credit Opportunity Act, Pennsylvania Home Improvement Finance Act, and Pennsylvania Uniform Trade Practices and Consumer Protection Act (15 U.S.C. 1640) claims. This is an action brought by four low-income homeowners against a lender with whom they each entered into high-priced mortgage to finance home improvem... More...   $0 (11-05-1998 - PA)

 
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