• 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.

  • Branton v. Zoning Hearing Bd. of Nippenose Twp.

    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-22-00342

    The Zoning Hearing Board of Nippenose Township erred in finding that appellant's home addition constituted "new construction" under the township's floodplain ordinance where the subject language was ambiguous and did not clearly to refer to projects that merely expand existing structures or buildings. The court issued an order granting appellant's land use appeal.

  • Stonekey Realty, LLC v. Cook

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

    Case Number: CV-22-00677

    The court granted plaintiff's motion to dismiss appeal on the basis that defendant failed to comply with service requirements in violation of Pa.R.C.P.M.D.J. 1005. Although the court discussed that they had discretion to grant defendant's appeal upon a showing of good cause, they noted that defendant failed to plead any facts demonstrating good cause for missing the service timeline.

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  • Skillman v. Patel

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

    Case Number: CV-22-00444

    Plaintiff's allegations were insufficient to support his claim for punitive damages as the complaint arising from his alleged experience with bed bugs at defendants' hotel did not aver facts sufficient to support a conclusion that defendants' purported conduct went beyond mere negligence. The court sustained in part defendants' preliminary objections.

  • 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.

  • 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.

  • Evelhair v. Little League Baseball Inc.

    Publication Date: 2023-01-16
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-01056

    Allegations that defendant altered an easement on a tract of land such that plaintiffs could only access their property by using a particular vehicle, which was likely to be damaged due to the alterations, were sufficient to support causes of action for interference with the use of the easement and trespass upon property rights. The court overruled defendant's preliminary objections.

  • Rinker v. Aponte

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00570

    While the parties' contract gave defendant unilateral discretion to cancel a distributorship contract if it reached the opinion that a distributor was involved in criminal activity, employer was required to have some good faith basis to reach that conclusion, necessitating discovery in this matter. The court overruled defendant's preliminary objection.