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Publication Date: 2022-02-07
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge TIra
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0058
The court held that the Commonwealth showed that defendant's confession was voluntary being that defendant was told he could leave the interview room at any time, defendant was read his Miranda rights, the officer was polite and non-threatening, defendant was never restrained or handcuffed, and officer promised to recommend that defendant be released on bail. Motion to suppress denied.
Publication Date: 2022-01-17
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1478
The court held that defendants did not present sufficient evidence to have a default judgment stricken where their motion was not timely, they gave no explanation for the untimeliness, and they presented no meritorious defense to the underlying action. Further, the court deemed defendants' actions as intentionally impeding the judicial process such that sanctions were appropriate. Motion to strike default judgment denied; motion for sanctions granted.
Publication Date: 2022-01-10
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1477
The court held that conditions placed on a use permit for a barn to be used as an event venue had to be reasonable and that of the ten conditions appealed by appellants, only four were fully reasonable. The other six were either totally or partially unreasonable and were stricken or amended by the court. Appeal granted in part, denied in part.
Publication Date: 2021-11-22
Practice Area: Real Estate
Industry: State and Local Government
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1250
Plaintiff could not stop the Pennsylvania Department of Transportation from cutting down trees on her property as part of a construction project to widen a nearby highway where PennDOT established that it was entitled to 41 feet of land from roadway toward plaintiff's property as part of the safety-related condemnation and construction plan. The court granted the commonwealth's emergency petition for relief.
Publication Date: 2021-11-08
Practice Area: Insurance Litigation
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1154
Plaintiffs' complaint in this insurance-related breach of contract suit did not fail for insufficiency where the pleading set forth, to the penny, the amount they were claiming and included a breakdown of that amount, detailing the total losses to the damaged property. The court overruled defendant's preliminary objections.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2021-10-25
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: 21-1159
Plaintiff's complaint in this credit card collection suit failed for lack of specificity where the bill of sale attached to the pleading and purporting to establish plaintiff's successorship status to the original lender failed to establish a link with defendant's credit card account. The court sustained defendant's preliminary objection in part.
Publication Date: 2021-10-25
Practice Area: Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1157
Plaintiffs sufficiently pled that defendant's employer appreciated the risk of harm of one of its employees driving under the influence and consciously disregarded that risk by allowing him to drive anyway, and employer could be found vicariously liable for its employee's actions regardless of the punitive damages standard. The court overruled defendant's preliminary objections to plaintiffs' punitive damages claim.
Publication Date: 2021-10-25
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1156
Petitioners demonstrated that for at least six months prior to the filing of an involuntary termination petition, father, who was incarcerated on murder charges, had demonstrated a settled purpose to relinquish parental claim to his son and failed to perform his parental duties. The court granted a petition to terminate father's parental rights.
Publication Date: 2021-10-18
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1069
The court adopted two previous suppression rulings, holding that the coordinate jurisdiction rule applied to juvenile court for decisions in related cases in criminal court. Motion to suppress denied.
Publication Date: 2021-10-18
Practice Area: Litigation
Industry: Automotive
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1068
The court found that defendant towing company properly followed the applicable statute when it obtained title to two abandoned vehicles owned by plaintiff who failed to reclaim subject vehicles being stored by defendant. Judgement in favor of defendants.
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