News & Notes

SUMMARY JUDGMENT GRANTED ON BEHALF OF LOCAL AUTOMOTIVE DEALERSHIP IN BUCKS COUNTY

January 2024

Jason Edwards obtained summary judgment resulting in the dismissal with prejudice of all claims in a Bucks County lawsuit against a local automotive dealership.

Plaintiff alleged that Jason’s client sold her a defective vehicle that had a hollowed out catalytic convertor which caused the engine of the vehicle to catch fire in October 2019. Plaintiff’s claims against Jason’s client included a claim under the PA Unfair Trade Practices and Consumer Protection Law. Plaintiff alleged that a representative from Jason’s client told her the vehicle was in good condition, inspected, and road worthy when she purchased the vehicle. Plaintiff sought treble damages and attorneys’ fees.

Jason litigated this matter over several years and investigated Plaintiff’s allegations extensively. Jason uncovered through discovery and his investigation that the Plaintiff purchased the vehicle in March 2018 and her vehicle caught fire in October 2019. At the time of the fire, the vehicle had over one hundred thousand miles, and had been inspected and repaired numerous times. In fact, the catalytic convertor Plaintiff alleged was hollowed out had been replaced numerous times by other entities (not Jason’s client) prior to the engine fire in October 2019. Additionally, through discovery it was determined that Plaintiff did not have any evidence to actually establish what caused the engine fire.

Jason filed a Motion for Summary Judgment on behalf of the local automotive dealership and argued that the record contained insufficient evidence to make out a prima facie cause of action against Jason’s client. The Court agreed with Jason’s arguments and dismissed all claims against Jason’s client. Plaintiff did not appeal the Court’s ruling.

JASON EDWARDS HAS TWO LAWSUITS DISMISSED WITH PREJUDICE AGAINST CLIENTS IN MONTGOMERY COUNTY ON PRELIMINARY OBJECTIONS DUE TO LACK OF SERVICE

Jason Edwards obtained dismissal of two Complaints in Montgomery County on behalf of two clients following the filing of preliminary objections.

The first case arose from a three-vehicle accident in Montgomery County. Plaintiff was a passenger in an Uber. Jason’s client’s vehicle was rear ended by the vehicle directly behind it and pushed into the vehicle Plaintiff was a passenger in. Plaintiff alleged severe injuries as a result of the accident. On behalf of the client, Jason filed preliminary objections seeking dismissal of the Complaint due to the fact that Jason’s client was never served as required under Pennsylvania law. The Court agreed with Jason’s arguments and dismissed Plaintiff’s Complaint with prejudice.

The second case also arose from a motor vehicle accident in Montgomery County in October 2020. Plaintiff alleged the Jason’s client failed to stop at a stop sign causing the accident. Plaintiff alleged sever injuries as a result of the accident. On behalf of the client, Jason filed preliminary objections seeking dismissal of the Complaint due to Plaintiff’s complete failure to serve Jason’s client as required under Pennsylvania law. The Court agreed with Jason’s argument and dismissed Plaintiff’s Complaint with prejudice.

SUMMARY JUDGMENT GRANTED IN CONSTRUCTION DEFECT CASE ON BEHALF OF LOCAL CONTRACTOR IN LEHIGH COUNTY

Jason Edwards obtained summary judgment resulting in a complete dismissal of all claims, including cross claims with prejudice against a local concrete contractor in Lehigh County following years of litigation.

The Plaintiffs commenced their lawsuit in Lehigh County in August of 2019 against the General Contractor and Architect they hired to construct a new home for them in mid-2012. Construction on the house was completed in early 2013. Plaintiffs alleged that they experienced numerous incidents and events of water intrusion since 2013.

Plaintiffs brought numerous claims against the General Contractor and Architect including breach of contract. The General Contractor joined 14 subcontractors into the lawsuit including Jason’s client, a concrete contractor. The General Contractor’s claims against Jason’s client were for breach of contract/warranty, negligence, and contribution/indemnification.

Jason litigated this matter over several years. Jason extensively investigated the claims of Plaintiffs and the General Contractor. Through his investigation, and with the assistance of a liability expert, Jason was able to establish that his client’s work did not cause any of the water intrusion issues alleged by the Plaintiffs in this case. The deposition testimony of the General Contractor, Plaintiffs, and the individual retained by the Plaintiffs to repair the defects assisted in establishing the defenses. The admissions of both Plaintiffs and the General Contractor during discovery also assisted in establishing the defenses.

Jason filed a Motion for Summary Judgment on behalf of the client and argued that the General Contractor failed to establish prima facie causes of actions of negligence, breach of contract/warranty, and contribution against his client.

Following oral argument, the Court agreed with Jason’s arguments and granted the Motion for Summary Judgment dismissing with prejudice all claims against the client.

JASON EDWARDS OBTAINS DEFENSE VERDICT IN MONTGOMERY COUNTY

Jason Edwards obtained a defense verdict following an arbitration in Montgomery County. The case arose from a motor vehicle accident on November 30, 2020. The Plaintiff in the case alleged severe and permanent injuries to her neck, arm, wrist, and back following an accident in which her vehicle was struck by Jason’s client who failed to stop at a red light which controlled the intersection. Jason used Plaintiff’s own medical records and admissions during discovery to effectively cross examine the Plaintiff during the arbitration and argued that her injuries did not amount to a serious bodily injury. The arbitration panel returned a verdict in favor of Jason’s client and found that no serious injury requiring compensation had occurred. Judgment has been entered against the Plaintiff in favor of Jason’s client, and no appeals have been filed.

WALSH PANCIO ATTORNEYS ELECTED AND APPOINTED TO LEADERSHIP ROLES WITHIN THE MONTGOMERY BAR ASSOCIATION FOR 2024

On January 5, 2024, Walsh Pancio attorneys were once again proud to participate in the Montgomery Bar Association Annual Business Luncheon, which took place at the Blue Bell Country Club in Blue Bell, PA.

The firm congratulates Immediate Past President Justin Bayer on a tremendous year leading the MBA. The firm also congratulates newly installed President Lisa A. Shearman, Esq. of Hamburg, Rubin, Mullin, Maxwell & Lupin, P.C.

We look forward to a terrific year under her leadership.

Founding Partner, The Honorable Joseph P. Walsh was installed as the Treasurer of the MBA and will serve alongside MBA President Shearman, President-Elect Seth D. Wilson, Vice President Colin J. O’Boyle, Secretary Mary Kay Kelm, and Executive Director Denise Vicario. He will also continue his role as Co-Chair of the MBA’s influential Government Relations Committee which addresses governmental relations between the MBA and Montgomery County officials, local municipal officials, state and federal officials in the legislative and executive branches.

Founding Partner, and Past MBA President Bruce Pancio will serve as Co-Chair of the Council of Past Presidents. The Counsel of Past Presidents Committee acts as the sounding board regarding new projects initiated by Bar Leaders and provides insight and advice on various association issues. Bruce will continue to serve on numerous MBA committees.

Attorney Mike Lyon will serve as Vice President of the Trial Lawyers Section. He will continue to serve as Chair of the Fee Dispute Committee and to serve on numerous MBA committees.

Attorney Chelsea L. Dearden will continue to serve as Co-Chair of the Women in the Law Committee and will continue to serve on numerous MBA committees.

Attorney Jason Edwards has ended his term as President of the Young Lawyers Section as of January 5, 2024. He will remain Co-Chair of the Membership/Development Committee and will serve as Secretary of the Law Reporter Committee. In addition to his leadership roles, Jason will continue to serve on numerous MBA committees.

All the firm’s attorneys will remain active members of the MBA’s Trial Lawyers Section.

The firm is grateful for these opportunities to serve the MBA and looks forward to a terrific year.

THE HONORABLE JOSEPH P. WALSH APPOINTED TO TWO MOVING MONTCO FORWARD ADVISORY COMMITTEES

Hon. Joseph P. Walsh was recently informed that he was selected to participate in the Planning, Transportation, and Infrastructure Advisory Committee as well as the Criminal Justice & the Court Advisory Committee as part of Moving Montco Forward initiative.

This initiative aims to assist Commissioners Jamila Winder and Neil Makhija in crafting the next chapter for Montgomery County.

In announcing their appointments to the Planning, Transportation, and Infrastructure Advisory Committee, Commissioners Winder and Makhija stated:

We’re proud to unveil our Planning, Transportation, and Infrastructure Advisory Committee – a team of visionary experts dedicated to developing a more connected and sustainable Montgomery County. This committee will help our Commissioners to be the driving force behind innovative planning, strategic transportation solutions, and robust infrastructure development. From urban planners to transportation engineers, each member brings a wealth of expertise to the table. Together, we’re focused on creating a future where every resident enjoys efficient, eco-friendly, and accessible transportation options, and where our infrastructure meets the evolving needs of our community. Follow us as we lay the groundwork for a thriving, well-connected Montgomery County.

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In announcing their Criminal Justice & the Court Advisory Committee, Commissioners Winder and Makhija stated:

Introducing our Criminal Justice and The Courts Advisory Committee – a powerhouse of expertise, perspective, and cultural competence, all dedicated to creating a more just and equitable justice system in Montgomery County. This committee is composed of reform experts, current and former defenders and prosecutors, and organizations skilled in navigating Montgomery County’s legal system. Their collective experience is unmatched and vital in advising Commissioners on substantial criminal justice and general legal reforms. Together, we aim to ensure fairness, transparency, and equality in our legal system, ultimately writing a new and progressive chapter for Montgomery County. Stay tuned as we work towards transforming our legal system into one that truly embodies justice for all.

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WALSH PANCIO ATTORNEYS ELECTED AND APPOINTED TO LEADERSHIP ROLES WITHIN THE MONTGOMERY BAR ASSOCIATION FOR 2023

March 2023

On January 12, 2023, Walsh Pancio attorneys were once again proud to participate in the Montgomery Bar Association (“MBA“) Annual Business Luncheon, which took place at The Country House at Bluestone Country Club in Blue Bell, PA.

The firm congratulates Immediate Past President Sarinia M. Fenman on a tremendous year in charge of the MBA. The firm also congratulates newly installed President Justin Bayer on his position and looks forward to a terrific year under his direction.

The firm is proud to announce that its Founding Partner The Honorable Joseph P. Walsh was installed as the Secretary of the MBA and will serve alongside MBA President Bayer, President-Elect Lisa Shearman, Vice President Seth Wilson, Treasurer Colin O’Boyle, and Executive Director Denise Vicario. He will continue his role as Chair of the MBA’s influential Government Relations Committee.

Founding Partner and Past MBA President Bruce Pancio will continue to serve as Co-Chair of the Council of Past Presidents and will continue to serve on numerous MBA committees including the Bench Bar Committee, Judiciary Committee, Managing Partners Committee, Membership/Development Committee, and Rules of Civil Court Committee.

Attorney Mike Lyon will serve as Chair of the Law Reporter Committee and Treasurer of the Trial Lawyers Section and will continue to serve on numerous MBA committees including the Bench Bar Committee, Federal Court Practice Committee, Fee Dispute Committee, Judiciary Committee, and the Rules of Civil Court Committee.

Attorney Chelsea Dearden will serve as Co-Chair of the esteemed Women in the Law Committee and will Chair the Social Committee of the Young Lawyers Section. In addition to her leadership rules, she will continue to serve on numerous MBA committees.

Attorney Jason Edwards will serve as Chair of the Young Lawyers Section and Co-Chair of the Membership/Development Committee. In addition to his leadership rules, he will continue to serve on numerous MBA committees.

All the firm’s attorneys will remain active members of the MBA’s Trial Lawyers Section.

The firm is grateful for these opportunities to serve the MBA and looks forward to a terrific year.

SUMMARY JUDGMENT GRANTED IN NEGLIGENCE CASE IN BERKS COUNTY ON BEHALF OF LOCAL COMMERICAL PROPERTY OWNER

October 2022

Walsh Pancio Attorney Jason Edwards obtained summary judgment resulting in the dismissal with prejudice of a negligence suit in Berks County against a local commercial property owner.

Plaintiff’s negligence claims against the local commercial property owner arose from an alleged slip and fall on the hills and ridges of the uncleared, unshovelled, unremediated, and concealed ice in February 2019 on a sidewalk adjacent to the apartment complex owned by the local commercial property owner where she lived. Plaintiff sought extensive damages for her injuries.

Jason litigated this matter over several years. Jason extensively investigated Plaintiff’s claims against the local commercial property owner and established that that was no evidence to establish Plaintiff’s claims against the local commercial property owner. In fact, Plaintiff’s own deposition testimony assisted in establishing a defense under the Pennsylvania “hills and ridges” doctrine.

Jason filed a Motion for Summary Judgment on behalf of the client and argued that the local commercial property owner was not liable for Plaintiff’s injuries under the Pennsylvania “hills and ridges” doctrine which provides that, unless snow or ice has accumulated in ridges or elevations of such size and character as to unreasonably obstruct travel and constitute a danger to pedestrians, the property owner has no duty to remove the ice or snow.

Following oral argument in September 2022, the Court agreed with Jason’s arguments and granted the Motion for Summary Judgment dismissing with prejudice all claims against the client.

WALSH PANCIO PARTNER JOE WALSH OBTAINS $11.3M VERDICT FOLLOWING NON-JURY TRIAL IN MONTGOMERY COUNTY

September 2022

Walsh Pancio congratulates founding partner, Hon. Joseph Walsh, who served as the lead trial counsel for the Plaintiff in the matter of Elliott Greenleaf PC v. Richard Demarco. The Montgomery County lawsuit involved competing claims to an $11.3 million referral fee for a personal injury settlement.   Both parties filed Declaratory Judgment Actions seeking a Court declaration of their entitlement to the referral fee.

Following a non-jury trial before the Honorable Richard P. Haaz and post-trial submissions by the parties, the Court issued a written decision finding in favor of the law firm of Elliott Greenleaf and against its former employee, attorney Richard Demarco.

The Court ruled that Elliott Greenleaf was entitled to receive the entire referral fee of $11,330, 804 pursuant to a legally enforceable referral fee agreement with the law firm who settled the catastrophic injury case several years prior.   The Court also found that Richard Demarco was not a party to that referral fee agreement and did not have an equitable or legal interest in the referral fee.  The law firm who settled personal injury case agreed that it owed a referral fee and had held the amount in escrow pending the outcome of this case.

The case represents an important decision applying well-settled law pertaining to the enforceability of referral fee agreements between attorneys in the Commonwealth of Pennsylvania.

Attorney Jason Edwards Published in Montgomery Bar Association Sidebar

July 2022

Walsh Pancio Attorney Jason Edwards was recently published in the Montgomery Bar Association Sidebar Summer 2022 Issue. As a recent graduate of the Montgomery Bar Association’s 2021 Leadership Academy, Jason had the opportunity to have a conversation with Montgomery Bar Association President Sarinia M. Feinman, Esquire about her focus on wellness and the bar association’s wellness initiatives.

JASON EDWARDS SELECTED AS VICE-CHAIR OF MONTGOMERY BAR ASSOCIATION’S YOUNG LAWYERS SECTION

May 2022

Walsh Pancio, LLC is pleased to announce that Attorney Jason Edwards has been selected as Vice-Chair of the Montgomery Bar Association Young Lawyers Section. Before being selected as Vice-Chair, Jason served as Secretary of the Section.

The Montgomery Bar Association Young Lawyers Section allows members who are 40 and under and have practiced for at least 5 years to join. The Young Lawyers Section is an integral part of the Montgomery Bar Association. Not only does the section provide educational and networking opportunities to its members, but it also runs the yearly statewide High School Mock Trial Competition and provides numerous community service/pro bono opportunities to its membership.

Per its bylaws, Jason’s selection as Vice-Chair will allow him to move up to Chair of the Section in 2023.

THE HONORABLE JOSEPH P. WALSH APPOINTED TO THE NOMINATING COMMITTEE FOR THE MONTGOMERY COUNTY PUBLIC DEFENDER’S OFFICE OVERSIGHT BOARD

April 2022

Congratulations to our own Hon. Joseph P Walsh who was just appointed to serve on the Nominating Committee for the Montgomery County Public Defenders’ Office Oversight Board.  Judge Walsh was selected to serve on this Committee along with four other community leaders.  The Nominating Committee was established by the Board of Commissioners for Montgomery County based upon the Analysis and Recommendations of the Sheller Center for Social Justice at Temple University.  The Committee will assist in the recommendation, nomination, and selection of candidates for the position of Chief Public Defender for Montgomery County.  Judge Walsh is honored to be appointed to this very important Committee and have the ability to work with such a prestigious group of community leaders. 

Attorney Joe Walsh Appointed Chair of Montgomery County Board of View by President Judge Carolyn T. Carluccio

Montgomery County President Judge Carolyn T. Carluccio recently re-appointed the Honorable Joseph P. Walsh Chair of the Montgomery County Board of View for a three (3) year term effective January 23, 2022.

The Montgomery County Board of View is appointed by the Court to assess the value of the condemned property at the time of the taking if the Condemnor and Condemnee are unable to agree upon the just compensation for the property being taken pursuant to Montgomery County Local Rule 953.

The Board of View is comprised of a realtor and engineer who sit and hear evidence and ask questions of witnesses if necessary. As Chair, Joe Walsh serves as the hearing Judge. Following the close of evidence, the Board deliberates. All three members participate in the deliberations and have an equal vote. Following their deliberation, a Final Order and Decision is entered of record by the Board.

Joe Walsh is grateful to have been selected by the President Judge and looks forward to working with the members of the Board of View.

WALSH PANCIO ATTORNEYS ELECTED AND APPOINTED TO LEADERSHIP ROLES WITHIN THE MONTGOMERY BAR ASSOCIATION FOR 2022

On January 7, 2022, Walsh Pancio attorneys were once again proud to participate in the Montgomery Bar Association’s (“MBA“) Annual Business Luncheon, which was held in-person at Normandy Farms in Blue Bell, PA after being held virtually for the first time in 2021.

The firm congratulates Immediate Past Jacqueline Reynolds on a tremendous year in charge of the MBA. The firm also congratulates newly installed President Sarinia M. Feinman on her position and looks forward to a terrific year under President Feinman’s direction.

Continuing the firm’s dedication to and strong relationship with the MBA, Walsh Pancio attorneys are privileged and honored to serve in multiple leadership capacities and on several committees and sections within the organization:

  • The Honorable Joseph P. Walsh, past President of the MBA’s Trial Lawyers’ Section, will continue to serve as Co-Chair of the MBA’s influential Government Relations Committee.

  • Past MBA President Bruce Pancio will continue to serve as Vice Chair of the Counci of Past Presidents and the MBA’s important Judiciary Committee.

  • Past Young Lawyers Section Chair Mike Lyon has been appointed to serve as Secretary of the MBA Trial Lawyers Section and Chair of Law Reporter Committee and will continue to serve out his term as a Director on the MBA’s Board of Directors. Mike will continue to serve on numerous MBA committees including the MBA’s Bench Bar Committee, Executive Committee, Federal Court Practice Committee, Fee Dispute Committee, and Rules of Civil Court Committee.

  • Chelsea Dearden has been appointed to serve as Co-Chair of the Women in the Law Committee. She will continue to be an active member in numerous MBA committees including the DEI Committee, Liberty and Law Committee, Solo/Small Firm Practice Committee, and Rules of Civil Court Committee. She will also remain an active member of the Young Lawyers Section.

  • Jason Edwards has been appointed to serve at Secretary of the Young Lawyers Section and Co-Chair of the Membership/Development Committee. He will continue to be an active member in the MBA’s Solo/Small Firm Practice, Children and the Law, Criminal Defense, Pro Bono, Real Estate, and Rules of Civil Court Committees.

Both Jason and Chelsea were also selected to serve on the MBA’s Ad-hoc Wellness Committee as a result of their work with the Leadership Academy in 2021 which focused on wellness within the legal community.

The firm’s attorneys will also remain active members of the MBA’s Trial Lawyers Section.

The firm is grateful for these opportunities to serve the MBA. and looks forward to a terrific year.

WALSH PANCIO ATTORNEYS SELECTED FOR LEADERSHIP ROLES IN THE MONTGOMERY BAR ASSOCIATION FOR 2021

January 2021

On January 8, 2021, Walsh Pancio attorneys were once again proud to participate in the Montgomery Bar Association‘s (“MBA”) Annual Business Luncheon, which was held virtually for the first time. The firm congratulates Immediate Past President Patrick Kurtas on a tremendous year in charge of the MBA. The firm also congratulates newly installed President Jacqueline Reynolds on her position, and looks forward to a terrific year under President Reynolds’ direction.

Continuing the firm’s dedication to and strong relationship with the MBA, Walsh Pancio attorneys are privileged and honored to serve in multiple leadership capacities and on several committees and sections within the organization:

– The Honorable Joseph P Walsh, past President of the MBA’s Trial Lawyers’ Section, has been re-named as co-chair of the MBA’s influential Government Relations Committee, and will again serve on the MBA’s Pro Bono Committee and Government Relations Committee.

– Past MBA President Bruce Pancio will serve as Vice Chair of the Council of Past Presidents, and has also been re-named to the Nominating Committee, Bench Bar Committee and Managing Partners Committee. He will also continue serving on the MBA’s important Judiciary Committee.

– Past Young Lawyers’ Section chair Mike Lyon will continue his second year of a three-year term on as a Director on the MBA’s Board of Directors. He was also -appointed as a member of the MBA’s Executive Committee, Law Reporter Committee, and Fee Dispute Committee.

Chelsea Dearden was selected for the MBA’s prestigious Leadership Academy. She was also re-appointed to the Steering Committee of the MBA’s Women in the Law Committee and will serve as a liaison within the Young Lawyers Section.

Jason Edwards will join Chelsea as a member of this year’s Leadership Academy. He will also serve again on the MBA’s Solo and Small Firm and Criminal Defense Committees, and as a liaison within the Young Lawyers’ Section.

The firm’s attorneys also will remain active members of the MBA’s Trial Lawyers’ Section.

The firm is grateful for these opportunities to serve the MBA. and looks forward to a terrific year.

Walsh Pancio, LLC Attorneys at Law

2326 N. Broad Street, Suite 200, Colmar, PA 18915  |  Phone: 215-368-8660  |  Fax: 215-368-7990

info@walshpancio.com

Effective December 1, 2023, the new address for Walsh Pancio, LLC is:

2326 N. Broad Street
Suite 200
Colmar, PA 18915