Is a new Act 6 or Act 91 Notice required when a second mortgage foreclosure is commenced?
No. 1,439 This issue was addressed in Wells Fargo Bank v. Spivak, 104 A.3d, 7 (2014) where there had been a voluntary discontinuance followed by the filing of a new case, without re-sending of the Act 6 Notice. The Superior Court apparently distinguished the facts in Spivak in a non-precidential decision in J. C. Morgan […]
Be sure to attach Certificates of Compliance to your pleadings.
No. 1,403 Section 7.0 of the “Public Access Policy of the Unified Judicial System of Pennsylvania: Case Records of the Appellate and Trial Courts” places the burden of screening documents on litigants and attorneys who file them and to exclude or redact certain confidential information (except when using a special Confidential Information Form). The clerks who […]
Excessively Rambling Briefs Do Not Persuade. No Kidding!
No. 1,352 How would you like to open your mail and receive an opinion on your appeal that begins like this? “We note at the outset that at seventy-eight pages, Appellant’s brief is more than two and a half times the ‘safe harbor’ maximum of thirty pages (2.6 times, to be precise). Counsel for Appellant […]
Rule Proposed to Permit Citation of Non-precedential Superior Court Opinions
No. 1,295 The Legal Intelligencer reports that a proposed rule is about to be published permitting citation of non-precedential Superior Court Opinions for their persuasive value, but not as authority. The reason for the rule permitting non-precedential opinions is the heavy workload of the Court. Although these opinions do not appear in the official reports, […]