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  • In re: Estate of Fink

    Publication Date: 2019-09-02
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0924

    In this will contest, petitioners lacked standing because they failed to demonstrate an aggrieved interest that was substantial, direct and immediate.

  • Kramer v. Kramer

    Publication Date: 2019-09-02
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0925

    The orphans' court division of the court of common pleas was the proper division for plaintiff's suit where his pro se complaint appeared to concern an obligation of the decedent that was dischargeable at her death and was, therefore, related to decedent's estate. The court granted in part plaintiff's motion for reconsideration.

  • SBB v. JEB-S

    Publication Date: 2019-08-26
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0927

    The court chose not to modify the parties' shared custody arrangement during father's 28-week absence to attend the police academy given stepmother's ability to provide childcare and, more importantly, the child's need for stability and consistency during her father's absence. The court granted father's petition.

  • Shultz v. Barnes

    Publication Date: 2019-08-26
    Practice Area: Civil Procedure
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0928

    The court sustained preliminary objections in this liquor liability case, because plaintiff failed to alleged sufficient facts to state a claim with respect to several counts contained in the complaint. Plaintiff was the administrator of the estate of Patricia Shultz. Ms. Shultz was killed in a collision involving Alec T. Barnes. Plaintiff alleged that Barnes was driving a motor vehicle under the influence of alcohol. The complaint named the company that operated the bar where Barnes was drinking prior to the accident. Rocky Sanguedol

  • Shanghai Chestnut Oak Import & Export Co., Ltd. v. Catskill Timber Indus., Inc.

    Publication Date: 2019-08-12
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0862

    The court dismissed this contract action, because it did not have either general or specific personal jurisdiction over the parties.

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  • RP v. KF

    Publication Date: 2019-08-12
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0861

    In this custody modification matter, the court did not abuse its discretion in denying mother's requests regard childcare arrangements and school district designation. Rather, the court's decisions were based on the child's best interest.

  • Commonwealth v. Moore

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0860

    Defendant waived the issue of recusal by failing to timely raise it and, even if he had not, recusal was not warranted given that the trial judge's prior role as district attorney and statements made during trial were insufficient to create an appearance of bias. The trial court denied defendant's motion for recusal.

  • Commonwealth v. Ceruti

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0859

    The commonwealth failed to keep any records to ensure it met its due diligence obligations in connection with defendant's right to a speedy trial. The court granted defendant's motion to dismiss.

  • Winner v. Armstrong Twp. Zoning Hearing Bd.

    Publication Date: 2019-07-22
    Practice Area: Land Use and Planning
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0798

    The Armstrong Township Zoning Hearing Board committed an error of law when it interpreted the term "forestry" as burdening the applicant's residual lot, which was left after the subdivision of a larger parcel, with a "no building rule." The court reversed and remanded.

  • Koch v. GGMP, LLC

    Publication Date: 2019-07-22
    Practice Area: Personal Injury
    Industry: Construction
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Brown
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0796

    Plaintiff demonstrated a colorable claim for punitive damages where the evidence established that defendants' representative was concerned about certain trusses on a construction project and whether they were being placed properly but failed to take sufficient steps to protect plaintiff from injury. The court denied in part defendants' motion for summary judgment.