• In re: Estate of Finck

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0553

    The court denied petitioner's request to set a purchase price and authorize the sale of decedent's family farm to him where decedent's will contained a latent ambiguity regarding an option to purchase and the related price and her intent could not be determined from the four corners of the will alone. The court denied petitioner's request and directed the co-executors to take certain action.

  • Truist Bank v. Wells

    Publication Date: 2022-05-23
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0467

    Amended complaint violated Pa.R.C.P. 1019(i) where plaintiff failed to attach a copy of a writing relating to interest charges on defendant's credit card account. Because the interest terms were material to the agreement, the court sustained defendant's preliminary objections and ordered plaintiff to file an amended complaint including the interest rate document.

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

    Publication Date: 2022-05-23
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0466

    The court granted defendants summary judgment on plaintiff's corporate negligence claim premised on alleged understaffing of a nursing care facility where the evidence failed to demonstrate, through expert testimony or other evidence, a causal connection between the alleged understaffing and the breach that caused the decedent's injury. The court denied plaintiff's motion for reconsideration.

  • In re: B.A.M.

    Publication Date: 2022-05-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0461

    Involuntary termination of father's parental rights was warranted where he had been absent from the child's life for at least nine years and failed to provide any support. Termination was in the child's best interest.

  • Bay v. Bay

    Publication Date: 2022-05-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0463

    Petitioner was properly granted a final protection from abuse order which included an eviction provision as to the parties' jointly held property since the Protection from Abuse Act explicitly contemplates such relief and the court clearly intended for the entry of the PFA to be completely independent of the resolution of a pending partition action. The court recommended affirmance.

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  • Maynard St. Prop., LLC v. Druck Partners, L.P.

    Publication Date: 2022-05-16
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0465

    The court refused to dismiss defendant's counterclaim since a party seeking to exercise a liquidated damages clause in a contract need not necessarily plead every condition precedent to the ultimate agreement contemplated by the contract, and defendant had pled the conditions precedent to an invocation of the liquidated damages clause. The court overruled in part plaintiffs' preliminary objections.

  • Bennett v. Forker

    Publication Date: 2022-05-16
    Practice Area: Contractual Disputes
    Industry: Retail
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0464

    This case, wherein plaintiff sought the dissolution of an LLC and appointment of a receiver pursuant to 15 Pa. C.S. § 8871, was governed by an arbitration clause in the LLC's operating agreement as the clause was broad enough to cover the dispute arising from the only two company members' inability to agree on how the entity should be run. The court sustained defendants' preliminary objections.

  • In re: T.R.G.

    Publication Date: 2022-05-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0462

    Petitioners met their burden on a petition to terminate father's parental rights where the evidence demonstrated that father, who did not appear at a hearing on the matter, had not contacted his children in roughly a decade and had caused the children to be without essential parental care for all that time. The court granted a petition to involuntary terminate father's parental rights.

  • In the Interest of a White Dodge 2008 Caliber

    Publication Date: 2022-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0405

    The court found petitioner's automobile was unlawfully seized because there was no proof of any nexus between the vehicle and criminal activity. Motion for return granted.

  • Commonwealth v. Erwin

    Publication Date: 2022-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0404

    The court found that defendant's assertion of innocence was a sufficient basis to support his motion to withdraw his guilty plea for resisting arrest. Motion granted.