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  • 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.

  • 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.

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  • 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.

  • Muffley v. Hall

    Publication Date: 2020-10-12
    Practice Area: Education Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1012

    The court was sympathetic to the plight of two children who had lost their parents, but was unable to direct that they continue attending school in the district where they lived with their stepmother before moving to another district after tragedy also befell the stepmother. The court denied plaintiffs' petition for special relief.

  • Rand Lepley Building Contractor, Inc. v. Woodruff

    Publication Date: 2020-10-05
    Practice Area: Contracts
    Industry: Construction
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1045

    The claimant contractor could not maintain a mechanic's lien action against the defendant homeowners where the contractor had executed a stipulation against liens wherein it waived all claims for liens against the homeowners. The court granted defendants' motion to strike the mechanic's lien suit.

  • Commonwealth v. Bradshaw

    Publication Date: 2020-09-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0922

    The court denied the commonwealth's motion to consolidate two criminal cases for trial, because the motion was not timely, and consolidation of these matters did not promote judicial economy.

  • Wilmington Savings Fund Soc'y, FSB v. Unknown Heirs

    Publication Date: 2020-09-21
    Practice Area: Real Estate
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0925

    Where the plaintiff bank sent notices applicable to this mortgage foreclosure action to the residence which was the subject of the residential mortgage, where defendant admittedly resided, the bank substantially complied with the notice requirements of both Acts 6 and 91. The court granted plaintiff's motion for summary judgment.