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Publication Date: 2022-07-04
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0666
Court denied motion for summary judgment arising from an injury claim wherein plaintiff was severely injured on defendant's property while performing landscaping services under the direction of the defendants. Plaintiff provided evidence in their complaint that defendants largely controlled the manner in which the work was done on defendants' property. Because of this evidence, the court found there was an issue of fact sufficient to establish a basis upon which a finder of fact may impute liability upon the defendant.
Publication Date: 2022-07-04
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0662
While mother demonstrated some bond with her minor child, that bond did not defeat the termination of her parental rights to make way for adoption by the child's step-grandfather where mother's mental health and substance abuse issues rendered her incapable of caring for the child. The court granted a petition for involuntary termination.
Publication Date: 2022-05-23
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0467
Amended complaint violated Pa.R.C.P. 1019(i) where plaintiff failed to attach a copy of a writing relating to interest charges on defendant's credit card account. Because the interest terms were material to the agreement, the court sustained defendant's preliminary objections and ordered plaintiff to file an amended complaint including the interest rate document.
Publication Date: 2022-05-16
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0461
Involuntary termination of father's parental rights was warranted where he had been absent from the child's life for at least nine years and failed to provide any support. Termination was in the child's best interest.
Publication Date: 2022-05-16
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0462
Petitioners met their burden on a petition to terminate father's parental rights where the evidence demonstrated that father, who did not appear at a hearing on the matter, had not contacted his children in roughly a decade and had caused the children to be without essential parental care for all that time. The court granted a petition to involuntary terminate father's parental rights.
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Authors: Gary L. Brown
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Publication Date: 2022-04-25
Practice Area: Civil Appeals
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lycoming County
Judge: Judge TIra
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0349
The court denied plaintiff's motion to reinstate appeal because plaintiff proffered no explanation for its service of its notice of appeal more than ten days after its filing. Motion to reinstate appeal denied.
Publication Date: 2022-03-07
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0147
The court sustained plaintiff's preliminary objections to defendant's new matter for lack of factual specificity where it alleged the claim was time-barred and that there was an intervening cause. The court also sustained objections to allegations that were not proper affirmative defenses such as the collateral source rule. Finally, the court overruled plaintiffs' objection to defendant's allegation that consent was given, finding that the allegation contained sufficient facts. Objections sustained in part, overruled in part.
Publication Date: 2022-03-07
Practice Area: Discovery
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0146
The court held that most of plaintiffs' interrogatories seeking information about the defendants and those with knowledge of the facts were proper and should be answered by defendants. However, other information concerning defendants' financial means was objectionable. Objections to plaintiffs' interrogatories overruled in part, sustained in part.
Publication Date: 2022-02-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0114
The court held that plaintiff's complaint was deficient and should be dismissed because it failed to attach copies of monthly statements showing how defendant's credit card debt amount come to be, including alleged charges and payments. Defendant's preliminary objection sustained.
Publication Date: 2022-02-14
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0054
The court held that the facts supporting two separate charges against defendant arose out of a single criminal episode such that the filing of the second set of charges violated the prohibition against double jeopardy. Charges dismissed.
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