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  • Eck v. Eck

    Publication Date: 2021-08-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0803

    Paternal aunt lacked standing to intervene in this child custody proceeding, because she did not demonstrate sustained contact with the child.

  • Zentner v. Brenner Car Credit, LLC

    Publication Date: 2021-08-16
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0805

    The court's order overruling defendant's sole preliminary objection, which sought to enforce an arbitration clause, was not a final order subject to certification under Pa.R.A.P. 341(c) and was not appealable as of right under Pa.R.A.P. 311. The court recommended that defendants' appeal be quashed.

  • Farley v. Dorsey-Hurtt

    Publication Date: 2021-08-02
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0746

    Plaintiff's marriage to defendant was both void and voidable where she had an existing spouse at the time she married defendant, she lacked the capacity to consent to the marriage and she was induced into marrying defendant by fraudulent actions. The granted plaintiff's petition for an annulment.

  • Harris v. Kriner

    Publication Date: 2021-08-02
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0749

    Plaintiffs sufficiently stated unjust enrichment and fraudulent transfer claims. The court deferred issues regarding the right to a jury trial until the pre-trial conference.

  • Force v. Zamora

    Publication Date: 2021-08-02
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0748

    Petitioners demonstrated they had stepped into a parental role and discharged parental duties with respect to a minor child, so the court granted their petition to intervene in this custody action.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Zenter v. Brenner Car Credit, LLC

    Publication Date: 2021-07-12
    Practice Area: Class Actions
    Industry: Automotive | Retail
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0656

    The court overruled a preliminary objection regarding arbitration, because the agreement that was the subject of this dispute did not contain an arbitration clause.

  • Kremser v. Lindauer

    Publication Date: 2021-07-05
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0653

    Defendant's answer with new matter could not survive preliminary objections where his all-encompassing averments failed to give notice of a specific defense or make clear any ground upon which such a defense rested and where defendant sought to preserve all waivable defenses in a single averment. The court sustained plaintiffs' preliminary objections.

  • Forsyth v. Holobinko

    Publication Date: 2021-06-21
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0651

    The court denied father's request for discovery as to mother's employment records, but it permitted his request for discovery of mother's medical records relating to her medical marijuana prescription.

  • Allen v. Smith

    Publication Date: 2021-06-07
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0528

    Failure to timely file a concise statement of errors on appeal in this protection from abuse matter resulted in waiver. Even if plaintiff's notice of appeal had been timely, she failed to demonstrate that defendant's conduct placed her in fear of bodily injury.

  • Linn v. Commonwealth Dep't of Transp.

    Publication Date: 2021-06-07
    Practice Area: Administrative Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0530

    A law enforcement officer had reasonable grounds to believe a licensee was driving intoxicated, and the individual could not avoid a request for a chemical test by intentionally trying to interrupt the reading of the warning.