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Publication Date: 2023-01-02
Practice Area: Discovery
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00574
While the rules of civil procedure, including those governing discovery, do not apply to Right-to-Know Law appeals such as this, the court had authority to order certain discovery in order to promote the fair and efficient adjudication of the matter regarding the discoverability of public records. The court granted petitioner's motion to compel in part.
Publication Date: 2022-12-19
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2020-C-1979
The court denied defendant's motion to dismiss in a personal injury action on the grounds that plaintiff had made a good-faith effort to effectuate proper service of the amended complaint during the applicable statute of limitations. The court pointed towards the fact that plaintiff had attempted to serve defendant via certified mail and even went as far as hiring a private investigator to locate the best address for defendant.
Publication Date: 2022-12-19
Practice Area: Contracts
Industry: Construction | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: CV 16-1320
Plaintiff's proffered evidence, including the reports of three expert witnesses, raised material issues of fact regarding the proper interpretation of a contract term requiring the company to construct a tank to store excess leachate from an expanded landfill that was "watertight." The court denied all parties' motions for summary judgment.
Publication Date: 2022-11-21
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01104
The court partially granted a motion to dismiss, finding that plaintiff could not bring an action to quiet title as plaintiff failed to establish that they were in "possession" of the disputed property at the time the complaint was filed. The court rather found that defendants were in possession of the property due to the fact that they routinely maintained the property, had placed a no trespassing sign on the property, and their land survey revealed that their property slightly encroached onto the disputed parcel.
Publication Date: 2022-11-14
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-6813
Court granted petition to terminate parental rights finding that there was clear and convincing evidence to terminate under §2511(a)(1) because respondent had both relinquished his parental claims by failing and had failed to visit with the child for approximately 16 months.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 6635
Court denied petitioner's request to terminate the biological father's parental rights due to his absence in the minor's life while he was incarcerated. Specifically, the court found termination was not warranted under §2511(a)(1) because father did attempt to modify his visitation orders during the six-month period but was unable to do so due to court delays. The court further found termination was not appropriate under §2511(a)(2) because father was not incapacitated to the point of no remediable efforts.
Publication Date: 2022-10-10
Practice Area: Contractual Disputes
Industry: Education
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lindhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-01134
Court granted defendant's preliminary objections in part in a case arising out of breach of contract claims and unjust enrichment claims during the COVID-19 Pandemic. While the court agreed that plaintiffs did not sufficiently plead with specificity the provisions breached by the school, they granted plaintiffs leave to amend their complaint. Furthermore, the court found plaintiffs could plead unjust enrichment because it was pled in the alternative.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: AD-2021-6774
Where mother was content to have someone else be responsible for attending to her children's physical, mental and emotional needs, she had evidenced a settled purpose of relinquishing her parental claims and had failed to perform her parental duties for a period of at least six months. The court granted a petition for involuntary termination of parental rights.
Publication Date: 2022-10-10
Practice Area: Civil Procedure
Industry: E-Commerce | Technology Media and Telecom | Transportation
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 21-00041
The court rejected petitioner's claim that corporate records stored electronically and accessible in Pennsylvania were subject to discovery under 15 Pa. C.S. §1508 since the documents' theoretic accessibility within the state was insufficient to put those documents within the court's jurisdiction and render them "located within Pennsylvania." The court denied petitioner's petition to compel.
Publication Date: 2022-10-10
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: FC-20-20473
While the parties permanently ceased sharing a bedroom after a troubling incident in August 2014, the court could not rely on that incident to establish a date of separation because most of the rights and duties typically attendant to a marital relationship had been absent from the parties' marriage for many years prior. The court granted in part wife's exceptions.
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