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  • Bozochovic v. Gair

    Publication Date: 2020-03-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0210

    The trial court assessed the parties' credibility on father's petition for special relief and found that father's inability to maintain contact with his children was a result of his own failure to comply with prior court orders and awarded mother attorney fees as father's filing of the petition was frivolous and without merit. The trial court recommenced affirmance.

  • Buckley v. Geisinger Clinic

    Publication Date: 2020-03-16
    Practice Area: Contracts
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0208

    The court dismissed plaintiff's claim for breach of an employment contract, because she never satisfied the conditions associated with defendant's offer. The parties' employment arrangement was at-will, and defendant was entitled to terminate plaintiff's employment.

  • Smith v. Barto

    Publication Date: 2020-03-16
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0216

    Plaintiff was not entitled to a prescriptive easement because he did not demonstrate that his use was sufficiently notorious. Because plaintiff's land had access to a public road, he was not entitled to an easement by necessity to access an isolated portion of it.

  • Koch v. Musser

    Publication Date: 2019-11-11
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1275

    Plaintiff's chronic marijuana use was relevant and admissible to the issues of his future earning capacity and his future life expectancy, though evidence of plaintiff's chronic marijuana use as a factor relevant to his future life expectancy required expert testimony. The court granted in part and denied in part plaintiff's motion in limine.

  • Portfolio Recovery Assoc., LLC v. Templin

    Publication Date: 2019-11-11
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1277

    Plaintiff's complaint in this credit card debt collection action complied with Pa.R.Civ.P. 1019 where the allegations therein were sufficient to provide defendant with notice of the claim and establish the facts essential to support that claim. The court overruled defendant's preliminary objections.

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  • In re: Estate of Fink

    Publication Date: 2019-09-02
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0924

    In this will contest, petitioners lacked standing because they failed to demonstrate an aggrieved interest that was substantial, direct and immediate.

  • Kramer v. Kramer

    Publication Date: 2019-09-02
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0925

    The orphans' court division of the court of common pleas was the proper division for plaintiff's suit where his pro se complaint appeared to concern an obligation of the decedent that was dischargeable at her death and was, therefore, related to decedent's estate. The court granted in part plaintiff's motion for reconsideration.

  • Shultz v. Barnes

    Publication Date: 2019-08-26
    Practice Area: Civil Procedure
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0928

    The court sustained preliminary objections in this liquor liability case, because plaintiff failed to alleged sufficient facts to state a claim with respect to several counts contained in the complaint. Plaintiff was the administrator of the estate of Patricia Shultz. Ms. Shultz was killed in a collision involving Alec T. Barnes. Plaintiff alleged that Barnes was driving a motor vehicle under the influence of alcohol. The complaint named the company that operated the bar where Barnes was drinking prior to the accident. Rocky Sanguedol

  • Shanghai Chestnut Oak Import & Export Co., Ltd. v. Catskill Timber Indus., Inc.

    Publication Date: 2019-08-12
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0862

    The court dismissed this contract action, because it did not have either general or specific personal jurisdiction over the parties.

  • Commonwealth v. Moore

    Publication Date: 2019-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0860

    Defendant waived the issue of recusal by failing to timely raise it and, even if he had not, recusal was not warranted given that the trial judge's prior role as district attorney and statements made during trial were insufficient to create an appearance of bias. The trial court denied defendant's motion for recusal.