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Publication Date: 2022-02-07
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0060
The court held that the plaintiffs did not meet their burden of proof that defendant breached his fiduciary duty as executor because they failed to present evidence to show that defendant's transfer of estate funds to a family-owned business was improper. Motion denied.
Publication Date: 2022-02-07
Practice Area: Elder Law
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0057
The court found that plaintiff's allegations of a violation by the nursing home of a statute designed to prevent a public harm supported his claim of negligence per se, that plaintiff properly pled a fiduciary duty owed by the nursing home to a resident, and that plaintiff could go forward with his request for punitive damages toward the nursing home.
Publication Date: 2022-02-07
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge TIra
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0058
The court held that the Commonwealth showed that defendant's confession was voluntary being that defendant was told he could leave the interview room at any time, defendant was read his Miranda rights, the officer was polite and non-threatening, defendant was never restrained or handcuffed, and officer promised to recommend that defendant be released on bail. Motion to suppress denied.
Publication Date: 2022-02-07
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0056
The court, on defendant's habeas corpus motion, found that the Commonwealth 1) failed to show that defendant received stolen property because mere possession without more was not sufficient and 2) conducted an illegal traffic stop that called for suppression of drug paraphernalia and other contraband found pursuant to a search of defendant's vehicle after the illegal traffic stop. However, the Commonwealth demonstrated a prima facie case for constructive possession of a firearm where the search warrant was legal, the search found a gu
Publication Date: 2022-02-07
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0061
The court held that the evidence showed that minor child had no relationship with biological father and that biological father had relinquished his parental claim by not providing comfort, meals, or gifts to the child or attending any medical appointments or appearing at subject hearing, such that it was appropriate to terminate parental rights of biological father. Motion to terminate granted.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2022-01-17
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1478
The court held that defendants did not present sufficient evidence to have a default judgment stricken where their motion was not timely, they gave no explanation for the untimeliness, and they presented no meritorious defense to the underlying action. Further, the court deemed defendants' actions as intentionally impeding the judicial process such that sanctions were appropriate. Motion to strike default judgment denied; motion for sanctions granted.
Publication Date: 2022-01-10
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1477
The court held that conditions placed on a use permit for a barn to be used as an event venue had to be reasonable and that of the ten conditions appealed by appellants, only four were fully reasonable. The other six were either totally or partially unreasonable and were stricken or amended by the court. Appeal granted in part, denied in part.
Publication Date: 2022-01-10
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1479
The plaintiff LLC could not file pleadings or otherwise act in the Lycoming County Court of Common Pleas except through licensed counsel; however, dismissal was not warranted since plaintiff was named as the appellee in this appeal from a magisterial judge decision perfected by defendant and properly before the court. The court sustained defendant's preliminary objections.
Publication Date: 2021-11-22
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lovecchio
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1252
The court held that appellant's act, where he essentially ran appellee off the road placing her in reasonable fear of imminent serious bodily injury, constituted abuse that violated the protection from abuse order against appellant. Finding of indirect criminal contempt affirmed.
Publication Date: 2021-11-22
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1251
The court held that there was no dispute as to the title of stock shares being in decedent's name at the time of his death.
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