• Stroehmann v. Lycoming County Office of Voter Serv.

    Publication Date: 2023-01-02
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00574

    While the rules of civil procedure, including those governing discovery, do not apply to Right-to-Know Law appeals such as this, the court had authority to order certain discovery in order to promote the fair and efficient adjudication of the matter regarding the discoverability of public records. The court granted petitioner's motion to compel in part.

  • 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.

  • 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.

  • 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

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

    Publication Date: 2022-08-15
    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: 22-0811

    Court granted in part and denied in part defendant's motion for summary judgment in breach of contract claim. Although defendant argued plaintiff's breach of contract claim must fail because plaintiff failed to attach a copy of the alleged breached agreement to their complaint, the court found plaintiff had referenced the alleged agreement with enough specificity to place defendant on notice. The court agreed with defendant, however, that without the entire agreement attached, the court could not glean the nature of the alleged "breac

  • Cogan House Twp. v. Lenhart

    Publication Date: 2022-08-08
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0753

    Addressing an issue of first impression, the court of common pleas concluded that plaintiff's motion for summary judgment, which was filed between the two portions of a bifurcated trial, was not per se improper. The court granted in part and denied in part plaintiff's motion.

  • Stetts v. Manor Care of Williamsport PA (N.) LLC

    Publication Date: 2022-08-08
    Practice Area: Litigation
    Industry: Health Care | Legal Services
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0839

    Defendants could ask potential jurors whether they were aware of plaintiff's law firm and cross-examine plaintiff's experts regarding previous testimony involving the nursing home field; however, the law firm's actions in previous cases were irrelevant to the merits of this case and were, therefore, precluded. The court of common pleas granted in part and denied in part plaintiff's motion in limine.

  • Pysher v. Clinton Twp. Volunteer Fire Co.

    Publication Date: 2022-07-25
    Practice Area: Public Records
    Industry: Non-Profit | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0755

    Respondent, a township volunteer fire company, was subject to the Right-to-Know Law where the evidence regarding the degree of governmental control, the nature of respondent's functions and financial control supported a finding that it was a "local agency" for the purposes of that law. The court ordered a response to petitioner's request.

  • In re Estate of L. Lehman

    Publication Date: 2022-07-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0754

    There was sufficient evidence to overcome the presumption that decedent destroyed or revoked his original will, which could not be found, where the testator properly executed the original will, the contents of that will were substantially the same as the copy presented and the testator had not destroyed or revoked the will prior to his death. The court granted a petition to submit a will photocopy to probate, subject to the two-witness rule.