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  • Danko Holdings, L.P. v. J.C. Forestree, Inc.

    Publication Date: 2020-10-26
    Practice Area: Contractual Disputes
    Industry: Agriculture | Investments and Investment Advisory
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1084

    The court denied defendant's petition to compel arbitration, because defendant waived the right to arbitrate by failing to raise the issue in its preliminary objections and by taking advantage of the discovery process in the litigation.

  • MA v. JH

    Publication Date: 2020-10-26
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1044

    The court found a child was incompetent to testify due to lack of maturity, so the child's hearsay statement could not be admitted into evidence.

  • In re: Bean

    Publication Date: 2020-10-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1092

    Where the district attorney's office set forth numerous legal and policy reasons for its decision to disapprove petitioner's private criminal complaint, the court could not substitute its judgment for that the of the district attorney. The court refused to reverse the district attorney's disapproval decision.

  • Lehman v. Smith

    Publication Date: 2020-10-26
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1086

    Plaintiffs established, through the irrevocable license doctrine, an easement over an access road on defendant's property where they incurred a substantial expenditure of $4,000 as well as time and labor to install the access road based on the mutual understanding that all parties would be able to continually use the road. The court granted plaintiffs relief.

  • Fausnaught v. UPMC Susquehanna

    Publication Date: 2020-10-19
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1043

    Plaintiff stated a claim for negligence, but the court dismissed her remaining claims involving alleged statutory violations and negligence per se.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Frye v. Frye

    Publication Date: 2020-10-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1008

    The court denied husband's petition to set aside a property settlement agreement where husband had failed to read the entire document, because he failed to meet his burden of demonstrating fraud, duress or other type of wrongdoing.

  • In re: M.D.

    Publication Date: 2020-10-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1007

    While father was vocal about his desire to maintain a place of importance in his son's life, he evidenced a settled purpose to relinquish parental claim to his son and failed to perform his parental duties for at least six months prior to the filing of a termination petition. The court granted a petition for involuntary termination of father's parental rights.

  • Harer v. Muncy School Dist.

    Publication Date: 2020-10-12
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1009

    By failing to respond to defendant's requests for admissions, plaintiff admitted that certain statements made by the school district's representative at a school board meeting were true, thereby vitiating plaintiff's defamation claim against the school district. The court granted defendant's motion for summary judgment.

  • H.S. v. H.B.

    Publication Date: 2020-10-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1010

    Mother's challenge to an order denying her petition for a protection from abuse order actually was a challenge to the weight of the evidence, which warranted no relief where the court heard all relevant testimony and found that mother failed to satisfy her burden of proof. The court recommended affirmance.

  • M.A. v. J.R.H.

    Publication Date: 2020-10-12
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1011

    The minor child's statement to her mother, which potentially described an incident of indecent assault by her father, was not admissible under the Tender Years Hearsay Act as there was no evidence that the child was unavailable to testify due to serious emotional distress that would impair her ability to reasonably communicate with the court. The court denied mother's petition.