• Skillman v. Patel

    Publication Date: 2023-01-23
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00444

    Plaintiff's allegations were insufficient to support his claim for punitive damages as the complaint arising from his alleged experience with bed bugs at defendants' hotel did not aver facts sufficient to support a conclusion that defendants' purported conduct went beyond mere negligence. The court sustained in part defendants' preliminary objections.

  • In re: AH & DH

    Publication Date: 2023-01-23
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-6806

    Petitioners demonstrated that mother had relinquished her custodial rights to her two minor children in 2015, when she last had any in-person contact with the children, and that she had failed or refused to perform her parental duties for a period well in excess of six months. The court granted the petition for involuntary termination of mother's parental rights.

  • In Re: Estate of Stroble

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: OC-41-20-0062

    Petitioner, who claimed to be the decedent's daughter and sole heir, could not compel decedent's parents to submit to genetic testing in order to ascertain whether she was in fact decedent's daughter because the court lacked authority to compel the putative grandparents to submit to such testing. The court denied petitioner's request.

  • Honey v. Lycoming County Office of Voter Serv.

    Publication Date: 2023-01-16
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00115

    As the state legislature intended §2648 of the Election Code to provide broad public access to the documents and records of county boards of elections, the limited exceptions to public access in that provision could not be used to shield Lycoming County ClearVote Cast Vote records from public access. The court ordered production of documents.

  • Evelhair v. Little League Baseball Inc.

    Publication Date: 2023-01-16
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-01056

    Allegations that defendant altered an easement on a tract of land such that plaintiffs could only access their property by using a particular vehicle, which was likely to be damaged due to the alterations, were sufficient to support causes of action for interference with the use of the easement and trespass upon property rights. The court overruled defendant's preliminary objections.

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  • Rinker v. Aponte

    Publication Date: 2023-01-16
    Practice Area: Contracts
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00570

    While the parties' contract gave defendant unilateral discretion to cancel a distributorship contract if it reached the opinion that a distributor was involved in criminal activity, employer was required to have some good faith basis to reach that conclusion, necessitating discovery in this matter. The court overruled defendant's preliminary objection.

  • Rogers v. Mussare

    Publication Date: 2023-01-09
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Leete
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 21-01228

    Defendants, Commissioners of the Lycoming County Board of Commissioners, lacked statutory authority under the state's County Code to transfer functions relating to the general ledger, payroll and accounts payable of the county from the County Controller to another government office. The court granted plaintiff declaratory relief.

  • Stroehmann v. Lycoming County Office of Voter Serv.

    Publication Date: 2023-01-02
    Practice Area: Discovery
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV-22-00574

    While the rules of civil procedure, including those governing discovery, do not apply to Right-to-Know Law appeals such as this, the court had authority to order certain discovery in order to promote the fair and efficient adjudication of the matter regarding the discoverability of public records. The court granted petitioner's motion to compel in part.

  • Heidemann v. Funes

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-C-1979

    The court denied defendant's motion to dismiss in a personal injury action on the grounds that plaintiff had made a good-faith effort to effectuate proper service of the amended complaint during the applicable statute of limitations. The court pointed towards the fact that plaintiff had attempted to serve defendant via certified mail and even went as far as hiring a private investigator to locate the best address for defendant.

  • Lobar Inc. v. County of Lycoming

    Publication Date: 2022-12-19
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 16-1320

    Plaintiff's proffered evidence, including the reports of three expert witnesses, raised material issues of fact regarding the proper interpretation of a contract term requiring the company to construct a tank to store excess leachate from an expanded landfill that was "watertight." The court denied all parties' motions for summary judgment.