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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.
Publication Date: 2022-06-27
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: 22-0665
Plaintiffs' claim for money damages could not be grounded on a count seeking solely to establish their right to injunctive relief in this dispute over an easement, and their complaint did not contain allegations sufficient to constitute "unreasonable interference" with their use of that easement under Pennsylvania law. The court sustained defendant's preliminary objections.
Publication Date: 2022-06-27
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0663
Respondent was incompetent, under the Dead Man's Act, to testify about a purported inter vivos gift of vehicles by the decedent prior to his death where respondent, the surviving party, failed to establish a prima facie valid inter vivos gift by clear, convincing and independent evidence. The court of common pleas barred respondent's testimony.
Publication Date: 2022-06-13
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0553
The court denied petitioner's request to set a purchase price and authorize the sale of decedent's family farm to him where decedent's will contained a latent ambiguity regarding an option to purchase and the related price and her intent could not be determined from the four corners of the will alone. The court denied petitioner's request and directed the co-executors to take certain action.
Publication Date: 2022-05-23
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0466
The court granted defendants summary judgment on plaintiff's corporate negligence claim premised on alleged understaffing of a nursing care facility where the evidence failed to demonstrate, through expert testimony or other evidence, a causal connection between the alleged understaffing and the breach that caused the decedent's injury. The court denied plaintiff's motion for reconsideration.
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Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2022-05-16
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0463
Petitioner was properly granted a final protection from abuse order which included an eviction provision as to the parties' jointly held property since the Protection from Abuse Act explicitly contemplates such relief and the court clearly intended for the entry of the PFA to be completely independent of the resolution of a pending partition action. The court recommended affirmance.
Publication Date: 2022-05-16
Practice Area: Contracts
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0465
The court refused to dismiss defendant's counterclaim since a party seeking to exercise a liquidated damages clause in a contract need not necessarily plead every condition precedent to the ultimate agreement contemplated by the contract, and defendant had pled the conditions precedent to an invocation of the liquidated damages clause. The court overruled in part plaintiffs' preliminary objections.
Publication Date: 2022-05-16
Practice Area: Contractual Disputes
Industry: Retail
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0464
This case, wherein plaintiff sought the dissolution of an LLC and appointment of a receiver pursuant to 15 Pa. C.S. § 8871, was governed by an arbitration clause in the LLC's operating agreement as the clause was broad enough to cover the dispute arising from the only two company members' inability to agree on how the entity should be run. The court sustained defendants' preliminary objections.
Publication Date: 2022-04-25
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0348
The court denied defendant's objection to plaintiff's third amended complaint because the allegations and attached documentation showed the chain of custody of defendant's loan from issuing bank to current plaintiff and that the verification was proper even though the representative did not allege firsthand knowledge of the transfer procedure. Objections overruled.
Publication Date: 2022-02-07
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0059
The court ordered that plaintiff be given time to replead her claims under breach of contract, negligence, and violations of the Unfair Trade Practices and Consumer Protection Law for damages caused by an electrical fire in her apartment building. Preliminary objections due to insufficient facts granted with leave to amend.
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