• G.W. v. Avonworth Sch. Dist.

    Publication Date: 2023-01-23
    Practice Area: Education Law
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: SA 22-0129

    The court found for plaintiff parents in a local agency law matter involving an educational dispute. Although defendant school district argued that the student was not entitled to receive a free education because he did not reside in the district's geographic boundaries, the court found that defendant had merely made inferences that the student was residing with his mother outside of the boundaries, rather than spending equal amounts of time with both parents as discussed in 22 Pa.Code §11.11(a).

  • Delisio v. Jameson

    Publication Date: 2023-01-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10023 OF 2021, C.A.

    The court granted in part and denied in part defendant medical facility's objections to plaintiff's claims. The court dismissed plaintiff's breach of contract claim finding that the conduct complained of would be better captioned in a claim for medical malpractice but overruled defendant's objections to the informed consent and battery claims, finding that plaintiff's pled sufficient facts.

  • Yotov v. Reliable Concrete Repair & Rehab

    Publication Date: 2023-01-23
    Practice Area: Contracts
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6929 CIVIL 2021

    Defendants did not deny in their answers to various discovery demands that the work they performed on a contract for a concrete foundation was defective, not suitable for its intended purpose and not up to industry standards; therefore, the record was sufficient to demonstrate a breach of contract. The court granted plaintiff's motion for partial summary judgment.

  • In re: AH & DH

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-6806

    Petitioners demonstrated that mother had relinquished her custodial rights to her two minor children in 2015, when she last had any in-person contact with the children, and that she had failed or refused to perform her parental duties for a period well in excess of six months. The court granted the petition for involuntary termination of mother's parental rights.

  • Commonwealth v. Avery

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 660 OF 2021

    The court granted in part and denied in part criminal defendant's pretrial motions. The court granted defendant's habeas petitions in part finding that the state failed to present "some" evidence of the crimes charged. The court further denied defendant's motion to suppress evidence of an illegal search, detention, and arrest, finding that the officer acted appropriately, had sufficient cause to pull the vehicle over, and received consent to search the vehicle.

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  • In Re: Estate of Stroble

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: OC-41-20-0062

    Petitioner, who claimed to be the decedent's daughter and sole heir, could not compel decedent's parents to submit to genetic testing in order to ascertain whether she was in fact decedent's daughter because the court lacked authority to compel the putative grandparents to submit to such testing. The court denied petitioner's request.

  • In re Dille Family Trust

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 43 OF 2019, O.C.

    The court held that the situs of a family trust was located in Lawrence County, Pennsylvania and that the beneficiaries, under both the terms of the amended trust and Pennsylvania law, could not change the situs of the trust without also changing the trustee.

  • Commonwealth v. Iftekharuddin

    Publication Date: 2023-01-23
    Practice Area: Real Estate
    Industry: Real Estate | Retail | State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 4632

    The court granted the state's petition seeking to enjoin a business from operating on the basis that the business was a drug-related nuisance under the Drug Nuisance Law and Pennsylvania common law. The court pointed to complaints which sufficiently described the negative effect the businesses had on the area and determined that enjoinment was warranted.

  • Lifestyle Real Estate Lender, LLC v. Lifestyle Real Estate I, LP

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Financial Services and Banking | Real Estate
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2016-03634

    The court dismissed borrower appellant's appeal in a mortgage foreclosure action on the basis that the parties had an express contract stating that New Jersey Law, rather than Pennsylvania law, would apply to determine the parties' remaining contractual obligations under a commercial loan transaction.

  • Honey v. Lycoming County Office of Voter Serv.

    Publication Date: 2023-01-16
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00115

    As the state legislature intended §2648 of the Election Code to provide broad public access to the documents and records of county boards of elections, the limited exceptions to public access in that provision could not be used to shield Lycoming County ClearVote Cast Vote records from public access. The court ordered production of documents.