• Lobar Inc. v. County of Lycoming

    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.

  • Okkelberg v. Architectural Dev. LLC

    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.

  • In re JRK

    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.

  • In re FQM

    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.

  • Lawson v. Pennsylvania Coll. of Tech.

    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.

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  • In re: IH & TH

    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.

  • Edenfield v. ECM Energy Serv. Inc.

    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.

  • Earley v. Gould-Earley

    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.

  • In re: MBS

    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: 2022-6785

    The minor child's natural father, who had no contact with his child after birth and made no inquiries about him, had evidenced both a settled purpose of relinquishing his parental claim to the child and failing to perform his parental duties for the entirety of the child's life. The court granted a petition for involuntary termination of parental rights.

  • Laurel Hill Game & Forestry Club v. Brion

    Publication Date: 2022-08-15
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0810

    Court granted International Development Corporation's request for summary judgment and denied plaintiff corporation's request for summary judgment in case regarding the granting of subsurface rights in a deed tracing back to the 1800's. While plaintiff asserted the deed conveying the property to them merely referenced prior deeds reserving subsurface rights, the court agreed with IDC that the prior deeds were not merely copied but were in fact, incorporated into the deed for the purposes of reserving rights. Otherwise, the court reaso