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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.
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.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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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.
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.
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