Attorney Lawrence S. Rubin's Legal Cases

Appeals

Pace v. Ranalli

Oct 18, 2016

OUTCOME: Protection from abuse order set aside. (Reversed lower court) Client exonerated.

Client (dad) made several remarks to his father in a text which were done in the heat of anger and seemingly threatened plaintiff (mom). Client never sent the texts to the plaintiff nor directly threa ... tened nor touched her. Four months later, father, in order to help plaintiff obtain custody, sent the texts to the plaintiff. Plaintiff used the texts to obtain custody and stated she felt threatened. Trial court would not let prior events into evidence. The Superior Court admonished the trial court that all the evidence especially what occurred the day before must be considered and set aside the order finding abuse and ordered a further hearing. Plaintiff then dropped the case, probably feeling she would not win. The client was completely exonerated.

Debt collection

Commonwealth Financial v. Smith, Superior Court of PA (2011)

Feb 14, 2011

OUTCOME: Game-changing caselaw made in favor of the consumer. Cited 263 times by other courts and legal authotities.

2011 PA Super 30; 15 A.3d 492; 2011 Pa. Super. LEXIS 35. The consumer obtained a credit card and used it for 13 years. She accumulated a debt on the account. The debt buyer bought the debt and then fil ... ed suit against her, seeking the balance due as well as interest, attorney fees, and costs. The matter proceeded to arbitration. Although the consumer failed to appear, an award was entered in her favor. On appeal, the debt buyer provided records of the account and testimony from an officer responsible for overseeing the debt buyer's portfolio collection division. The trial court entered judgment for the consumer upon finding that there was inadequate authentication of computerized business records under Pa. R. Evid. 803(6), such that they were inadmissible. On appeal, the court declined to adopt the rule of incorporation, and it agreed that the trustworthiness requirements of Rule 803(6) and 42 Pa.C.S. § 6108 were not met. Further, the trial court properly determined that the debt buyer did not establish the existence of a contract. The denial of sanctions against the consumer due to her failure to appear at trial under Pa.R.C.P. No. 234.5 and 4019, which was properly preserved for review, was not an abuse of discretion where the debt buyer's notice to attend was not timely.

Chapter 13 bankruptcy

In re Tezla, Tezla v. Palisades Collections USBC ED PA No. 08-12700

Jan 20, 2009

OUTCOME: Award of punitive damages of $11,000 awarded to client, plus actual damages and counsel fees as well.

Motion for contempt against a debt buyer for automatic stay violations.

Family

Tomlinson v. Tomlinson, Pa. Superior Court 1993

Dec 30, 1993

OUTCOME: Reversed trial court in favor of client and reinstated her agreed to child support.

Determined whether a court may change the terms of a marital property settlement agreement relating to child support upon a showing of changed circumstances by the movant.

Chapter 7 bankruptcy

In re Paden, PADEN v. G.E.C.C. CONSUMER DISCOUNT COMPANY, INC., 10 B.R. 206 (1981)

Jan 01, 1981

OUTCOME: Defended constitutionality of an early debtor friendly U.S. Bankruptcy Code section.

The issue was whether the application of § 522(f)(2) of the Bankruptcy Code to avoid a nonpossessory, nonpurchase-money security interest in household goods which was created prior to the enactment of ... the Code was an unconstitutional deprivation of a property right of the creditor.

Lawrence S. Rubin's Legal Cases (5)

Pace v. Ranalli

Commonwealth Financial v. Smith, Superior Court of PA (2011)

In re Tezla, Tezla v. Palisades Collections USBC ED PA No. 08-12700

Tomlinson v. Tomlinson, Pa. Superior Court 1993

In re Paden, PADEN v. G.E.C.C. CONSUMER DISCOUNT COMPANY, INC., 10 B.R. 206 (1981)