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The Middle District of Pennsylvania offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Judge James M. Munley

On April 18, 2001 d ecedent L inda Jaskoloka, an em ployee of Tobyhanna Township Department of Public works, was working on the highway clearing brush alongside the road and loading it into her truck. See Police Report, Defendant’s Exhib. B. She sustained fatal injuries when a driver, Matthew Ferrell, struck her and crushed her between his automobile and the back o f the dump truck she was using . Id.; Compl. ¶ 5; Answer ¶ 4.

Defendant Jaskoloka, administratrix, made a claim upon Plaintiff Selective to recover underinsured motorist benef its pursuant to a township insurance policy worth $1,000 ,000.00. Compl. ¶¶ 9, 11. Defendant had previously recovered $15,000 from the tortfeasor. Compl. ¶¶ 7-8. It is undisputed that decedent was in the course and scope of employment when killed. Compl. ¶ 5; Answer ¶ 4. Defendant, however, further contends that decedent was an “occupant” of the township’s dump truck, as the term has been defined by the courts of this Commonwealth, when killed. Answer ¶ 4. As such, defendant contends that decedent was covered under the township’s in surance policy.

In August 1992, Luzerne County hired the plaintiff to serve as its Chief Clerk of Assessment. Complaint ¶ 12. During his employment, plaintiff supervised 40-50 employees in the County’s Tax Assessor’s office. See Defendants’ Exhib. 3, p. 22-23. In December 1999, as part of its annual budgeting process, the County finalized the 2000 fiscal year budget. See id. Exhib. 1B. In order to meet the parameters of the budget and the total amount of salaries that were allowed, the county realigned certain departments and eliminated certain positions from the budget, including three (3) full-time positions in the County Assessor’s office. See id. Exhib. 2. After the budget was adopted on December 30, 1999, the plaintiff was notified of the elimination of his position and his termination. See id. Exhib. 3, p. 36.

In January 1999, plaintiff announced his candidacy and sought the democratic nomination for the office of County Commissioner of Luzerne County. Complaint ¶ 14. Plaintiff was unsuccessful in his campaign for County Commissioner. Id. ¶ 19. Plaintiff claims that he was terminated from his position in retaliation for exercising his constitutional rights. Id. ¶ 21.

On January 18, 1993, WEA Manufacturing, Inc. (“WEA”) hired plaintiff as a full-time Mechanical Designer in its Research and Development (“R&D”) Department. Complaint ¶ 6. Plaintiff was fifty-three years of age at the time he was hired. Id. ¶ 5-6. WEA operates a manufacturing facility that produces various multimedia products, including Compact Discs (“CDs”), information CDs (“CD-ROMs”) and Digital Versatile Discs (“DVDs”). Jeffrey Raider Aff. ¶ 3.

On December 13, 2000, plaintiff was informed that the Machine and Mold Shop (“the Shop”) was going to be eliminated and all part fabrication would be outsourced. Id. ¶ 26. Plaintiff was also informed that, since his position was part of this department, he would be terminated. Id. ¶ 27. On April 10, 2001, at the age of sixty-one, plaintiff was terminated. Id. ¶ 43. Plaintiff claims that the functions of his position were still required and were distributed among several other employees who were not as qualified or experienced. Id. ¶ 48. Plaintiff also claims that all of the other younger Shop employees and their supervisor were not terminated. Id. ¶ 6.

In March 2000, plaintiff was diagnosed with multiple sclerosis. Id. at ¶ 8. As a result, plaintiff has cut back on his work by 50 %. Id. Sometime after plaintiff became ill, he filed a claim with Defendant Equitable. Defendant Disability Management Services (“DMS”), a third party administrator for Equitable, began payment on plaintiff ’s claim in April 2000. Id. at ¶ 10. On April 13, 2001, DMS began payments under a different calculation system, which takes into account his ownership share in the business in calculating his “monthly earnings.” Id. at ¶ 11, Exhibits B and C. In applying this system, DMS has reduced the monthly payments it makes to plaintiff in proportion to losses that the business has been facing . Id. Plaintiff disagrees with the method of benefit calculation and therefore filed the present suit. Id. at ¶ 12.

Judge Yvette Kane

According to Plaintiff’s complaint, on December 7, 2001, Commerce Bank (“Commerce”) lent PoolPak, Inc. (“PoolPak”) $250,000. On December 24, 2001, Commerce lent PoolPak an additional $250,000. In exchange for these loans totaling $500,000, Commerce held a security interest in any and all outstanding accounts receivable due to PoolPak. On June 6, 2003, Commerce assigned its interest in PoolPak’s accounts receivable to Plaintiffs Frank H. and Rebecca K. Countess. Plaintiffs claim they are entitled to recover $470,806.00 from Defendant Pool Fact, Inc. for goods PoolPak delivered to Defendant, for which Defendant refused to pay.

This is a declaratory judgment action filed by Plaintiff Clarendon National Insurance Company against the City of York, Pennsylvania to disclaim coverage for the civil action against the City and several York police officers filed in this Court and docketed as civil action number 03-169 (the “underlying action” or the “Allen case”).
Charles Robertson, then mayor of York, signed an application for insurance on May 26, 2000. (Doc. No. 23, Ex. I, attach. B). A supplemental application was signed on July 17, 2000. Based on these applications, Plaintiff issued the City public officials and employment practices liability insurance (Policy No. APR 15-00123), effective August 19, 2000 through August 19, 2001, in return for a policy premium of $23,243.

Judge A. Richard Caputo

Presently before the Court is Petitioner Jose Cristobal Canales-Martinez’s Petition for Writ of Habeas Corpus requesting a stay of removal and challenging the removal order. I will deny Petitioner’s petition. I find that Petitioner was never eligible for INA § 212(c) relief, thus there can be no impermissible retroactive effect under INS v. St. Cyr. I also find that the Bureau of Immigration and Customs Enforcement is not precluded from initiating INA § 238 removal proceedings while an INA § 240 removal proceeding is pending because the bases for removal under each section are independent from one another. The Court has jurisdiction to decide this matter pursuant to 28 U.S.C. § 2241.

Defendant has moved to suppress all of the evidence seized and to suppress his identification by the officers as “tainted.” Defendant argues (1) it was unreasonable for Officer Fry to stop Defendant’s vehicle, (2) the officers’ identification of Defendant as the driver of the vehicle was unnecessarily suggestive and therefore unreliable, (3) the search of Defendant’s vehicle and the seizure of its contents were unlawful and not justified under the inventory or plain view exceptions.

Chief Judge Christopher C. Conner

Presently before the court is a motion by defendant, United Food and Commercial Workers Health and Welfare Fund of Northeastern Pennsylvania (“United Fund”), seeking to dismiss the claims of plaintiff, Empire Kosher Poultry, Inc. (“Empire”), for restitution of amounts mistakenly paid to defendant under a contract between Empire and its employees’ union. (Doc. 5). Empire alleges that United Fund, a multiemployer plan established to provide health and welfare benefits to employees under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1401, was aware of plaintiff’s error in making the payments and, yet, unjustly retained the additional amounts. (Doc. 1). Defendant argues that dismissal for lack of subject matter jurisdiction and for failure to state a claim is warranted because plaintiff’s claim for restitution is not cognizable under federal common law and plaintiff failed to exhaust mandatory procedures for seeking a refund from United Fund prior to bringing suit. (Doc. 5).

In this case, named plaintiffs, Eddie and Sharon Lester, Gilbert and Madeline Vazquez, Arthur Lucky and Angela Romano-Lucky, and Roy and Yadrisia Lamberty, seek to represent “all persons . . . who purchased a new construction house . . . through the ‘Why-Rent’ program,” operated by named defendants, Gene Percudani (“Percudani”), Chapel Creek Homes, Inc. (“Chapel Homes”), Raintree Homes, Inc. (“Raintree”), Dominick P. Stranieri (“Stranieri”), Chapel Creek Mortgage Banker, Inc. (“Chapel Mortgage”), William Spaner (“Spaner”), and Chase Manhattan Mortgage Corp. (“Chase”). According to plaintiffs, defendants lured customers into the Why-Rent program by advertisements of rent coverage and low monthly mortgage payments, which later proved unavailable, and enabled them to purchase consistently overpriced homes beyond their economic means by manipulating monthly tax and mortgage estimates and credit materials. Following their purchase, tax reassessments resulted in substantial increases in mortgage payments, often causing defaults and foreclosures. Plaintiffs seek damages on behalf of the proposed class under the federal Racketeering Influenced and Corrupt Organizations (“RICO”) statute, 18 U.S.C. § 1964(c), and the Pennsylvania Unfair Trade Practices and Consumer Protection Law (“UTPCPL”), PA. STAT. ANN. tit. 73, § 201-9.2(a).