• Commonwealth v. Moore

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CP-41-CR-0000798-2020

    The court refused to dismiss criminal charges pending against defendant based on Pa.R.Crim.P. 600 where the commonwealth had acted with due diligence and many of the delays in this matter, including those related to the suspension of Rule 600 during the COVID-19 pandemic, an overcrowded docket and a lack of judges, were beyond the prosecution's control. The court denied defendant's motion.

  • Commonwealth v. Hall

    Publication Date: 2023-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CR-1070-2021

    The facts offered in support of the commonwealth's search warrant did not contain enough information to demonstrate a fair probability that money used by detectives in a controlled buy of heroin would be found within the residence of someone not involved with the heroin seller and his criminal behavior. The court granted defendant's pre-trial motion to suppress.

  • Dodson v. Univ. of Pittsburgh Med. Ctr.

    Publication Date: 2023-02-20
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-19-01803

    While plaintiff produced a physician's statement that satisfied the rules of civil procedure regarding certificates of merit because it asserted that deviations from some applicable standard of care likely caused plaintiff harm, that same statement failed to establish the elements of his medical malpractice claim to a prima facie level. The court granted defendant's motion for summary judgment.

  • In re AL

    Publication Date: 2023-02-20
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-6812

    The court granted a petition for involuntary termination of parental rights in a matter involving a 13-month-old child where the parent failed to consistently visit child and make progress towards her court-ordered reunification plan. The court noted that termination was proper under 23 Pa.C.S. §2511(a)(1) due to the parent's failure to perform parental duties and the mother's inability to remediate her mental health struggles under §2511(a)(2).

  • McHarris Realty, LLC v. Sweeting

    Publication Date: 2023-02-20
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00586

    The court overruled plaintiff's preliminary objections to defendant's new matter on the grounds that defendant's contentions were not "scandalous" or intended to harass plaintiff but were instead based on a cognizable breach of contract claim, which was supported by defendant's pleading.

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  • Evans v. Lavallee

    Publication Date: 2023-02-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 20-00879

    The court granted a motion to exclude expert testimony on the grounds that the proposed testimony was duplicative and cumulative as it mirrored testimony from another expert. The court pointed to their discretion to grant or deny motions to exclude evidence, speaking especially to their ability to exclude evidence that "encumbers the record."

  • Needville Little League, Inc. v. Little League Baseball, Inc.

    Publication Date: 2023-02-06
    Practice Area: Contractual Disputes
    Industry: Entertainment and Leisure
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-00801

    The court overruled defendant's preliminary objections in a breach of contract matter arising from defendant's protocols and procedures applied during the COVID-19 pandemic, finding plaintiffs had appropriately pled the existence of a contract, breach, and damages to sustain a demurrer and further pled that they were treated differently than other members of the organization.

  • Cosentine v. Burch

    Publication Date: 2023-01-30
    Practice Area: Civil Procedure
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-00638

    Insurance agency defendants failed to assert a viable indemnification claim against the co-defendant insurer as the crossclaim language did not give fair notice of an intention to raise a contractual indemnification claim and did not allege circumstances under which the agency defendants could recover under a common law theory of indemnification. The court granted co-defendant's motion in limine.

  • In re: Estate of Benson

    Publication Date: 2023-01-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: OC-41-18-0354

    Respondent presented clear and convincing evidence of decedent's donative intent with respect to certain vehicles, but his evidence was insufficient to establish an inter vivos transfer of those vehicles so as to divest decedent of dominion over them. The court ordered return of the subject vehicles.

  • Mongenfruh v. Deremer

    Publication Date: 2023-01-30
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00277

    The court sustained defendants' first preliminary objection to plaintiff's complaint for failure to exhaust administrative remedies available under 25 P.S. §750.16 on the grounds that plaintiffs did not give defendants the opportunity to review their appeal prior to seeking a writ of mandamus.