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  • Sanchez v. Nikparvar

    Publication Date: 2018-09-04
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Carbon
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1010

    The court denied an amended request for an enlargement of time to file a 1925(b) concise statement nunc pro tunc, because defendant failed to provide any factual basis to show why the concise statement was not timely filed in the first place.

  • Deraffele v. City of Williamsport et al

    Publication Date: 2018-09-04
    Practice Area: Litigation
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming
    Judge: Judge Anderson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0996

    Plaintiff could not state a claim for malicious prosecution because his underlying conviction on a ticket for failing to vacate a property constituted conclusive evidence that defendants had probable cause to issue and prosecute the ticket, even though the conviction was overturned. The court sustained defendants' preliminary objections and dismissed plaintiff's complaint.

  • In the Interest of Y.F.

    Publication Date: 2018-09-04
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Carbon
    Judge: Judge Nanovic
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1005

    In this juvenile court proceeding, the commonwealth's affidavit of probable cause put the juvenile on notice regarding accomplice liability, and the evidence was sufficient to show the juvenile acted in concert with another in connection with an assault.

  • In re: KCG

    Publication Date: 2018-09-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming
    Judge: Judge Reynolds McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0995

    Mother and her husband established, by clear and convincing evidence, that father had a settled purpose of relinquishing his parental claim to his daughter and refused or failed to perform his parental duties for a period greater than six months, warranting involuntary termination of his parental rights. The court granted mother's petition seeking to terminate father's parental rights.

  • SBB v. JEB-S

    Publication Date: 2018-09-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0997

    The court denied father's motion to modify a custody order to allow the child to change school districts, because the court found the child was performing satisfactorily in her current district and she had already had an individualized educational plan in place there.

  • In re: ARH

    Publication Date: 2018-09-04
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming
    Judge: Judge Anderson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0993

    Mother and her paramour satisfied their burden of establishing, by clear and convincing evidence, that father had a settled purpose of relinquishing parental claim to his daughter and refused or failed to perform parental duties for a period greater than six months. The court granted mother's petition to terminate father's parental rights.

  • Valvano Constr., Inc. v. County of Lackawanna Dep't of Planning

    Publication Date: 2018-09-04
    Practice Area: Contracts | Government
    Industry: Construction | State and Local Government
    Court: Courts of Common Pleas, Lackawanna
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1040

    The court denied a motion for summary judgment on a claim for unjust enrichment against a borough with regard to a paving project. The record contained evidence that the work was authorized by a borough representative and that a benefit was conferred on the borough.

  • Burkett v. St. Francis Country House

    Publication Date: 2018-09-04
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia
    Judge: Judge Rau
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0999

    An arbitration provision contained in a nursing home admission agreement was unconscionable, so plaintiff was entitled to litigate both wrongful death and survival claims in court. Certain defendants were not parties to the admission agreement, so they could not compel arbitration because that provision did not apply to them.

  • Commonwealth v. Snyder

    Publication Date: 2018-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1003

    Defendant was entitled to the suppression of five blood draws taken from him during a two-month period as well as the toxicology results establishing his impaired driving where his consent to the blood draws was given under the implied intimidation or duress of more severe penalties if he refused consent. The court granted defendant's motions to suppress evidence.

  • Keller v. Bank of New York Mellon

    Publication Date: 2018-08-28
    Practice Area: Civil Procedure | Tax
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-1008

    A purchaser at a foreclosure sale was wrongly required to pay transfer taxes, but the purchaser failed to file an exception to the sheriff's schedule of proposed distribution, so any objection to the sheriff's distribution of the sale proceeds was waived.