• Cogan House Twp. v. Lenhart

    Publication Date: 2022-08-08
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0753

    Addressing an issue of first impression, the court of common pleas concluded that plaintiff's motion for summary judgment, which was filed between the two portions of a bifurcated trial, was not per se improper. The court granted in part and denied in part plaintiff's motion.

  • Wise v. Wise

    Publication Date: 2022-08-08
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0840

    Court denied a preliminary objection and request to dismiss a protection order where the defendant claimed the court lacked personal jurisdiction over him due to his residence in South Carolina. Although plaintiff resided with defendant in South Carolina for a majority of their marriage, they returned to Pennsylvania frequently, and even temporarily moved back at some point. The court found that under Pennsylvania's long-arm statute, defendant had sufficient minimum contacts within the state such that the court had personal jurisdicti

  • Stetts v. Manor Care of Williamsport PA (N.) LLC

    Publication Date: 2022-08-08
    Practice Area: Litigation
    Industry: Health Care | Legal Services
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0839

    Defendants could ask potential jurors whether they were aware of plaintiff's law firm and cross-examine plaintiff's experts regarding previous testimony involving the nursing home field; however, the law firm's actions in previous cases were irrelevant to the merits of this case and were, therefore, precluded. The court of common pleas granted in part and denied in part plaintiff's motion in limine.

  • Pysher v. Clinton Twp. Volunteer Fire Co.

    Publication Date: 2022-07-25
    Practice Area: Public Records
    Industry: Non-Profit | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0755

    Respondent, a township volunteer fire company, was subject to the Right-to-Know Law where the evidence regarding the degree of governmental control, the nature of respondent's functions and financial control supported a finding that it was a "local agency" for the purposes of that law. The court ordered a response to petitioner's request.

  • Willburn v. Narcotics Anonymous World Serv., Inc.

    Publication Date: 2022-07-25
    Practice Area: Personal Injury
    Industry: Legal Services | Non-Profit
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0757

    Court granted request to strike a previously stipulated discontinuance after learning that one of the defendant party's counsel erroneously signed the stipulation due to a clerical mistake.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Washington v. WCH Prop., LLC

    Publication Date: 2022-07-25
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0756

    Court granted in part and denied in part defendant landlord's request to strike counts arising from an electrical fire which displaced the plaintiff, causing her emotional and financial harm. Although the court disagreed that plaintiff did not aptly plead a proper breach of contract and negligence claim due to the landlord's obligation to maintain a safe residence, the court did strike the remaining claims for inhabitability and consumer protection violations. The court noted that plaintiff was not required to pay rent after the fire,

  • In re Estate of L. Lehman

    Publication Date: 2022-07-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0754

    There was sufficient evidence to overcome the presumption that decedent destroyed or revoked his original will, which could not be found, where the testator properly executed the original will, the contents of that will were substantially the same as the copy presented and the testator had not destroyed or revoked the will prior to his death. The court granted a petition to submit a will photocopy to probate, subject to the two-witness rule.

  • Thomas v. Little League Baseball Inc.

    Publication Date: 2022-07-04
    Practice Area: Corporate Entities
    Industry: Entertainment and Leisure
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0667

    Court granted defendant's demurrer in a matter arising from plaintiff's dispute with his local little league charter. Although plaintiff argued defendant, Little League Baseball Inc., served as an agent for the charter, the court rejected these claims noting that the charter controlled their own day to day operations and had its own inherent authority to conduct themselves separate from that of defendant.

  • Miller v. Kinley

    Publication Date: 2022-07-04
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0666

    Court denied motion for summary judgment arising from an injury claim wherein plaintiff was severely injured on defendant's property while performing landscaping services under the direction of the defendants. Plaintiff provided evidence in their complaint that defendants largely controlled the manner in which the work was done on defendants' property. Because of this evidence, the court found there was an issue of fact sufficient to establish a basis upon which a finder of fact may impute liability upon the defendant.

  • In re: HB

    Publication Date: 2022-07-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0662

    While mother demonstrated some bond with her minor child, that bond did not defeat the termination of her parental rights to make way for adoption by the child's step-grandfather where mother's mental health and substance abuse issues rendered her incapable of caring for the child. The court granted a petition for involuntary termination.