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Publication Date: 2023-03-27
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6821
The court terminated mother and father's parental rights, finding that clear and convincing evidence existed under 23 Pa.C.S. §2511(a)(1), (2), (5), and (8) due to the parents' relinquishment of parental duties, failure to make progress in the court-ordered plans, and failure to remedy their incapacities.
Publication Date: 2023-03-27
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6820
The court terminated mother and father's parental rights, finding that clear and convincing evidence existed under 23 Pa.C.S. §2511(a)(1), (2), (5), and (8) due to the parents' relinquishment of parental duties, failure to make progress in the court-ordered plans, and failure to remedy their incapacities.
Publication Date: 2023-02-27
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 19-01887
The court granted the request to strike a breach of contract and unjust enrichment claim agreeing with defendant that plaintiff failed to set forth adequate facts to indicate that defendant engaged in a conspiracy to approve sub-standard work on a welding project. Although the court found plaintiff failed to allege enough facts to support their claims, the court used its discretion to allow plaintiff leave to amend.
Publication Date: 2023-02-27
Practice Area: Civil Procedure
Industry: Retail
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-01040
The court granted defendant's request to transfer the matter to the county where plaintiff sustained injuries and where the corporation was headquartered. Although plaintiff sought to bring the claim in a county where defendant routinely traveled to purchase inventory, the court concluded that this activity was incidental rather than necessary to defendant's purpose of operating a retail store.
Publication Date: 2023-02-27
Practice Area: Litigation
Industry: Construction | Manufacturing
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 20-00,730
The court refused to grant defendant leave to file tardy crossclaims in this case, which was already scheduled for trial, as such relief would likely prejudice the other parties under circumstances wherein a continuance might not remedy that prejudice. The court denied defendant's motion for leave to file new crossclaims
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Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: CP-41-CR-0000798-2020
The court refused to dismiss criminal charges pending against defendant based on Pa.R.Crim.P. 600 where the commonwealth had acted with due diligence and many of the delays in this matter, including those related to the suspension of Rule 600 during the COVID-19 pandemic, an overcrowded docket and a lack of judges, were beyond the prosecution's control. The court denied defendant's motion.
Publication Date: 2023-02-20
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: CR-1070-2021
The facts offered in support of the commonwealth's search warrant did not contain enough information to demonstrate a fair probability that money used by detectives in a controlled buy of heroin would be found within the residence of someone not involved with the heroin seller and his criminal behavior. The court granted defendant's pre-trial motion to suppress.
Publication Date: 2023-02-20
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-19-01803
While plaintiff produced a physician's statement that satisfied the rules of civil procedure regarding certificates of merit because it asserted that deviations from some applicable standard of care likely caused plaintiff harm, that same statement failed to establish the elements of his medical malpractice claim to a prima facie level. The court granted defendant's motion for summary judgment.
Publication Date: 2023-02-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6812
The court granted a petition for involuntary termination of parental rights in a matter involving a 13-month-old child where the parent failed to consistently visit child and make progress towards her court-ordered reunification plan. The court noted that termination was proper under 23 Pa.C.S. §2511(a)(1) due to the parent's failure to perform parental duties and the mother's inability to remediate her mental health struggles under §2511(a)(2).
Publication Date: 2023-02-20
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00586
The court overruled plaintiff's preliminary objections to defendant's new matter on the grounds that defendant's contentions were not "scandalous" or intended to harass plaintiff but were instead based on a cognizable breach of contract claim, which was supported by defendant's pleading.
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