Lycoming County Court Opinions
The database contains over 6000 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Fidelity National Title Insurance Company and Aldi, Inc. vs. DMS Realty, Inc., Shirn and Leidhecker Abstracting, Inc.
9.20.2023
William P. Carlucci
Civil:
Preliminary objections; need to attach agreement of sale where claims are not based on breach of agreement; alternative pleading of legal and equitable claims; viability of Uniform Voidable Transactions Act claims where allegations of complaint fail to meet the language of that Act; asserting defenses by way of preliminary objection
(Fidelity092023C)
(Posted: September 20th 2023)
Civil:
Motion for post-trial relief; allegations of errors in findings of fact and conclusions of law; clarification of factual findings; authority of trial court in non-jury trial; burden of proof; credibility determinations; failure to prove causation and damages; application of negligence per se doctrine where regulations did not clearly apply to township at time of claimed violation; weight of evidence; recovery for negligence, gross negligence and willful misconduct where causation hasn't been proven; proof of causation to recover for public nuisance; proof that township exceeded stormwater easement; entitlement to injunction where causation not demonstrated; discretion of court in conduct of trial
(lenhart091823Li)
(Posted: September 19th 2023)
Early Bird Car Wash, Inc., Mr. Bird's Custom Car Wash Equipment, LLC and Early vs. Piermattei and Rhodes & Sinon, LLP
9.18.2023
Eric R. Linhardt
Civil:
Discovery motions; sufficiency of answers and objections to requests for admissions; requests to admit matters established in depositions; sufficiency of responses of :unknown" and referring to file, where file is its client file; objecting without stating the reason; adequacy of response to request for employee records that refers to dissolution of the firm; privileged nature of communications between attorney and insurance carrier; adequacy of answers to requests to admit application of fact to law; requests to admit conclusions of law; discoverability of identity of corporate decision makers; request to account for missing documents; over broad requests; authority of witness's counsel to object and instruct witness not to answer deposition questions; prejudice by obdurate and unnecessarily acrimonious conduct of counsel during deposition; need for repeat deposition with restrictions of objections and imposition of costs; obligation to produce electronic records responsive to discovery requests; disqualification of counsel
(early-bird091823Li)
(Posted: September 19th 2023)
Laurel Hill Game and Forestry Club vs. International Development Corporation, et. al., vs. Range Resources-Appalachia, LLC and Williamson Trail Resources, L.P.
9.18.2023
Eric R. Linhardt
Civil:
Preliminary objections; law of the case doctrine where order relied upon in demurrer is interlocutory; viability of claim against Lycoming County by a party which has no claim for subsurface rights; preliminary objections raising affirmative defenses; necessary parties
(Laurel091823Li)
(Posted: September 18th 2023)
Criminal:
Commonwealth appeal of grant of suppression motion; sufficiency of evidence of defendant's expectation of privacy; boilerplate assertion that evidence for suppression was insufficient; waiver; probable cause to stop vehicle for traffic violation; probable cause to search glove box; lack of efforts to apply for warrant before search, even though police had control of the scene
(Williams091523bt)
(Posted: September 18th 2023)
Criminal:
Nunc pro tunk post sentence motion; sentencing discretion of court; specific, negotiated sentence in plea agreement
(Hall091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; sentence concluded; facts on which plea based adequately explained at the plea hearing
(Jones091223bt)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt2)
(Posted: September 16th 2023)
Criminal:
Post conviction relief act petition; jurisdiction of the court; timeliness of petition; statutory exceptions to time limitations; viability of governmental interference, newly discovered evidence and newly-recognized constitutional right exceptions claims
(Nottingham091323bt)
(Posted: September 16th 2023)
Criminal:
Appeal; motion in limine precluding defendant from stating names of sexual assault charges filed against the victim, as a result of which alleged crimes of defendant were revealed; discretion of trial court to allow cross-examination about pending criminal charges; prejudicial nature of names of pending charges; evidence of bias; cautionary instruction
(Pulizzi083123bt)
(Posted: September 5th 2023)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; discussions at the plea hearing and awareness of defendant of the terms of the plea
(Hoffman082423bt)
(Posted: August 29th 2023)
Criminal:
Post sentence motion; sentencing discretion; claim of excessive sentence; weighing of positive and negative factors; payment of restitution to elderly victims for crimes committed while on bail for previous offenses; attempting to avoid incarceration by paying restitution, while continuing to commit crimes; defendant minimizing offenses and impact on victims
(Bloom081623bt)
(Posted: August 22nd 2023)
Criminal:
Motions in limine; testimony of past sexual conduct; Pennsylvania Rape Shield Law; defendant's constitutional right to a fair trial; sufficiency of offer of proof; testimony of SANE nurse about statements of victim; hearsay exception for statements pertaining to medical treatment; statements to medical providers made solely for the purpose of trial; corroboration of victim's testimony
(Poust080923t.pdf)
(Posted: August 11th 2023)
Stopper, Lovecchio and Land Co., LLC vs. Williamsport Municipal Water Authority and Williamsport Sanitary Authority
8.9.2023
William P. Carlucci
Civil:
Preliminary objections to complaint questioning authority of authorities to assess storm water fee; failure to include municipalities which are permit holders as necessary parties; standing by non-property owner; specificity of allegations in complaint as to property ownership; demurrer; defenses on the merits; standing to challenge storm water fee where fee has not been paid; waiver of issues by paying fee under protest
(stopper080923C)
(Posted: August 9th 2023)
Criminal:
Recusal motion; disqualification due to involvement in approving warrants; burden to produce evidence establishing bias, prejudice or unfairness which raises a substantial doubt as to jurist's ability to preside impartially; judge reviewing own decision
(Truax08423bt)
(Posted: August 5th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Sanchez072123t.pdf)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of theft; sufficiency of evidence of attempts to steal used cooking oil; identification of defendant
(Hernandez072123t)
(Posted: July 26th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration, inconstant housing, inconstant employment; existence of bond between child and parents; termination despite bond, where child's best interests are served
(AdoptionJM072123t)
(Posted: July 26th 2023)
Civil:
Preliminary objections; specificity of allegations of negligence; general allegations of negligence; viability of punitive damage claim in dog bite case; demonstration of conduct showing reckless indifference to interests of others; opportunity to amend complaint
(Jennings072623C.pdf)
(Posted: July 26th 2023)
Civil:
Plaintiff's summary judgment motion; dog law violation; negligence as a matter of law; question of proximate cause of injury
(Goodell072623C)
(Posted: July 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of possession of drugs; constructive possession; equal access to illegal contraband; totality of the circumstances; circumstantial evidence; defendant not present at place where contraband found
(Williams071323bt)
(Posted: July 18th 2023)
Administrative Appeal:
Right to know appeal; request for county articles of incorporation where county is not an incorporated entity but rather is established by statute; purpose of Right to Know statute; citation to repealed Municipality Authorities Act of 1945; applicability of statute to municipal authority and not a county; submission of attestation as to lack of records; diligent search
(Reira071323Li)
(Posted: July 17th 2023)
Criminal:
Post conviction relief act petition; presumption of effective assistance of counsel; strategy and tactics with some reasonable basis designed to effectuate defendant's interests; failure to call witness; knowledge of trial counsel of existence of witness; likelihood that proposed witness would have testimony as the testimony would have implicated witness in crime; helpfulness of proposed testimony; timeliness of petition; issue previously raised on appeal
(Crippen071323bt)
(Posted: July 16th 2023)
Criminal:
Second post conviction relief act petition; timeliness; qualification under exceptions to jurisdictional time-bar; jurisdiction; prejudice
(Chestnut071023bt)
(Posted: July 12th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to drug use, incarceration, inconstant housing, domestic abuse, inconstant employment; concerns about father's ability to parent child after he is released from prison, due to past history; persistence of conditions necessitating placement; existence of bond between child and parents; professional bonding assessment of mother and foster parents.
(AdoptionAL062123t)
(Posted: July 9th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case for delivery of drugs; driver of vehicle used to deliver drugs as an accomplice
(Carroll062123t)
(Posted: July 9th 2023)
Civil:
Non-jury trial; legal interpretation of lease terms based on stipulated facts; termination of lease due to violation of terms of lease prohibiting possession of gun in leasehold, where rent is subsidized by federal government; Second Amendment right to possess gun; existence of government action to implicate a constitutional right solely by virtue of partial government funding of rent
(Newberry070623C)
(Posted: July 6th 2023)
Criminal:
Suppression motion; knowing, intelligent, and voluntary waiver of Miranda rights claimed to have occurred during a diabetic episode; assessment of defendant's reasonable cognitive awareness and understanding during interactions; persuasiveness of bodycam footage of interactions with police; background and experience of defendant, including his prior run-ins with law enforcement; spontaneous utterances; voluntariness of statements under the circumstances
(Hughes07523bt)
(Posted: July 6th 2023)
Criminal:
Motion for allowance of suitable eligible person as participant in the state drug treatment program, treated as post conviction relief act petition; eligibility for relief when not currently serving sentence; timeliness of petition; jurisdiction of the court; eligibility of defendant under program requirements
(Coffey07523bt)
(Posted: July 6th 2023)
Criminal:
Suppression motion; probable cause to make a vehicle stop for window tint violation; authority to ask mission-related questions during traffic stop; reasonable suspicion to believe vehicle occupants were engaged in drug activity where officer engaged in hunch; voluntariness of consent for search obtained during unlawful detention; consent coerced by unwarranted threat to conduct drug sniff with canine; effectiveness of withdrawal of consent
(Jackson062923bt)
(Posted: June 29th 2023)
Laurel Hill Game and Forestry Club vs. W.F Brion, et al, vs. Range Resources-Appalachia, LLC, et al.
6.27.2023
Eric R. Linhardt
Civil:
Summary judgment motion; joinder of indispensable party as prerequisite to entering a decree; survival of cross-claims not renewed after the filing of an amended complaint; effect of failure to reply to new matter, where the averments are legal conclusions; use of evidence from another case to show genuine issues of material fact; claim that tax sale purchase of subsurface rights by surface estate owner was a redemption; statute of limitations on void or voidable tax sale; laches defense where delay causes prejudice; collateral estoppel by decision in another case involving same party's rights regarding another property
(laurel062723L)
(Posted: June 27th 2023)
Criminal:
Suppression motion; probable cause for vehicle stop; information about drug activity in the area and defendant's behavior at the scene providing reasonable suspicion to continue investigation; defendant voluntarily abandoning baggie of suspected crack cocaine during ongoing investigation
(Drummond062323bt)
(Posted: June 26th 2023)
Criminal:
Habeas corpus petition; prima facie case of stalking; evidence of course of conduct; testimony that defendant said, during an attack, that he knew when victim "comes and goes from her apartment"; suppression of one on one identification; reliability given totality of the circumstances; factors to determine reliability of identification
(Lindo062223bt)
(Posted: June 26th 2023)
Criminal:
Appeal of conviction for delivery of controlled substances; waiver of weight of evidence claim; failure to raise issue in a motion for new trial orally on the record before sentencing, by written motion before sentencing or in a post-sentence motion; credibility issues; verdict shocking the conscience of the court; admissibility of late disclosed surveillance video; waiver of excessive sentence issue; sentencing criteria
(Mendez062123bt)
(Posted: June 23rd 2023)
Criminal:
Motion to dismiss under rule 600; objection to Commonwealth's method of determining excusable delay; speculation as to why certain cases moved ahead of this case
(Thomas061423t)
(Posted: June 16th 2023)
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of criminal conspiracy to deliver a controlled substance
(McClain061423t)
(Posted: June 16th 2023)
Criminal:
Habeas corpus petition; prima facie case of indecent assault involving touching of genitals
(Sanchez-Garcia061223bt)
(Posted: June 13th 2023)
Criminal:
Post conviction relief act petition; guilty plea knowingly, intelligently, and voluntarily entered into; prejudice
(Shadd061223bt)
(Posted: June 13th 2023)
Criminal:
Habeas corpus petition; prima facie case of various sexual offenses related to contact with minor; establishing elements of attempted indecent assault or solicitation, endangering the welfare of a child, unlawful contact with minor; corruption of minor, indecent assault and invasion of privacy; right to file additional motions based on discovery responses
(Wert060623t)
(Posted: June 12th 2023)
Criminal:
Motion to consolidate offenses; timeliness; standards applicable to consolidation; cases involving similar sexual offenses against same victim; judicial economy; risk of confusion
(Holly052423t)
(Posted: June 12th 2023)
Criminal:
Defense motion to dismiss; oral motion to amend information; no unfair surprise or require change in defense strategy; statute of limitations for offenses against minor; Ex Post Facto law
(Johnson060823t)
(Posted: June 12th 2023)
Civil:
Preliminary objections; punitive damages for claims of misrepresentation, intentional conduct and conversion; specificity of fraud claims; repelvin as cause of action to secure property not delivered under contract; cause of action for "damages"; difference between conversion and trespass to chattels as subject for preliminary objections where title is in dispute; viability of claim for breach of contract implied in fact where there is an express contract; alternative claim for quantum meruit for care of machinery and cattle where title is disputed; viability of action for slander of title where title is disputed; use of preliminary objection to address slander claims
(Boyles060523C)
(Posted: June 5th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to untreated mental issues; refusal to attend treatment sessions; stability of housing and employment; persistence of conditions necessitating placement; existence of bond between child and parents.
(AdoptionRRL052323t)
(Posted: May 31st 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to untreated mental issues; refusal to attend treatment sessions; stability of housing and employment; persistence of conditions necessitating placement; existence of bond between child and parents.
(AdoptionPDL052323t.pdf)
(Posted: May 31st 2023)
Criminal:
Motion to set bail; constitutional right to bail; possible aggregate sentences that would amount to life imprisonment; defendant charged with serious sexual offenses of neighborhood children; local elementary school; impact of new charges involving child pornography
(Stroud052323t.pdf)
(Posted: May 31st 2023)
Criminal:
Suppression motion; probable cause to make vehicle stop; stop by officer who did not observe violation, on information from officer who did; validity of consent to search
(Carter052523bt)
(Posted: May 29th 2023)
Civil:
Motion for preliminary injunction; eligibility for post-season high school baseball; in-season transfer of student; move not motivated by athletic purpose; application for waiver of post-season limitation; exceptional and unusual circumstances; merit to judicial interference into decision of a private association; arbitrary and capricious decision; immediate and irreparable harm
(CN051923Li)
(Posted: May 22nd 2023)
Criminal:
Motion to dismiss; Rule 600; calculation of excludable delay; evidence concerning Lycoming County criminal case backlog, jury management and efforts to increase the number of cases resolved each term; Commonwealth's exercise of due diligence
(Leonard051623bt)
(Posted: May 16th 2023)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; examination of individual circumstances involved; military deployment and mental health issues of father combined with unnecessary barriers placed by mother; burden of proof; military service or mental health issues resulting therefrom as incapacity to perform parental duties
(AdoptionJAR050123t)
(Posted: May 13th 2023)
Criminal:
Habeas corpus petition; prima facie case of attempted homicide; evidence of specific intent to kill; totality of the circumstances; driving a vehicle into an occupied structure, along with the declaration, "you should be afraid" as evidencing specific intent
(Salazar050523bt)
(Posted: May 13th 2023)
Administrative Appeal:
Right to know appeal; request to voter services for 2020 ballot and mail-in ballot images; statutory construction; interpretation of election code provision rendering "contents of ballot boxes and voting machines" non-public records; interaction between Election Code and Right to Know Law statutes pertaining to ballots creating ambiguity; applicability of public record exclusion to scanned image of actually voted ballot; statutory construction doctrine of "expressio unius est exclusion alterius"; treating statute as "surplusage"; potential of fraud with mail-in ballots; distinction between scanned-in ballots and CRVs
(stroehmann1050823LI)
(Posted: May 12th 2023)
Civil:
Petition to strike default judgment; fatal defect or irregularity appearing on the face of the record; failure of complaint to contain notice to defend; requirement of service of original process to be by the sheriff; adequacy of service by mail; lack of jurisdiction; mootness
(nextgen042823Li)
(Posted: May 12th 2023)
Civil:
Non-jury trial; sufficiency of evidence to establish damages caused by township road work; credibility of expert testimony; mitigation of damages; duty owed; public and private nuisance; stormwater diversion as common law trespass; right to an injunction where the right to relief is not clear; sufficiency of legal remedy
(Lenhart051023Li)
(Posted: May 12th 2023)
Civil:
Non-jury trial of quiet title action; consentable boundary line by recognition and acquiescence; passive conduct on
the part of lawful owner for 21 years; failure to assert ownership in face of no trespassing signs at disputed line, a wire border fence, use of the property by adverse claimant and known adverse claims of ownership, as estoppel to claim of ownership
(SouthMountain050123Li)
(Posted: May 12th 2023)
In re: Appeal of Demolition Notice Relating to 1920 Riverside Drive South Williamsport
4.28.2023
Eric R. Linhardt
Administrative Appeal:
Appeal of demolition order; standard of review; substantial evidence supporting hearing board's decision; presumption of constitutionality of ordinances; ex post facto law; retroactive application of a law; selective enforcement of an ordinance; evidence that municipality targeted property owner for prohibited reason; unconstitutionally vague ordinance; inherent authority of municipality to forebear enforcement of ordinance; timeliness of implementation of plans for rehabilitation of building
(demolition042823Li)
(Posted: April 29th 2023)
Criminal:
Habeas corpus petition; prima facie case of sexual offenses with child where testimony of date is not specific
(CR-806-2022)
(Posted: April 27th 2023)
Criminal:
Suppression motion; vehicle glove box search after an arrest for motor vehicle violations and accident; probable cause and exigent circumstances to justify a warrantless search of vehicle; inventory search; inevitable discovery; abandonment
(Williams042123bt)
(Posted: April 27th 2023)
Criminal:
Habeas corpus petition; prima facie case of delivery of a controlled substance and criminal use of a communication facility; credibility issues for trial
(Smith042423bt)
(Posted: April 24th 2023)
Criminal:
Motion To permit testimony by contemporaneous alternative method at preliminary hearing; ability of a child witness to murder of brother to testify in presence of alleged killers; statutory standard; difference between preliminary hearing and trial testimony
(Mitchell-Carter041823bt)
(Posted: April 22nd 2023)
Civil:
Preliminary objections; attachment of writings; need to attach evidence of oral contract; viability of claim against unincorporated association and related individuals, where defendants claim the debt is of a corporation
(hornyak042123Li)
(Posted: April 21st 2023)
Civil:
Preliminary objections; specificity of allegations; fact pleading; factual averments necessary to support a corporate negligence claim
(young041123Li)
(Posted: April 19th 2023)
Divorce:
Petition to intervene in divorce action and for contempt; claimed third-party beneficiaries of property settlement agreement; applicability of contract statute of limitations to agreement incorporated into a divorce decree
(yearick041823Li)
(Posted: April 19th 2023)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; failure to seek visitation; no existing bond
(AdoptionofJS041423t)
(Posted: April 19th 2023)
Criminal:
Post conviction relief act petition; sufficiency of evidence to convict for possession of marijuana by a prisoner where the amount in his possession does not meet quantity requirements of predicate offense; violation of law not synonymous with conviction
(VanNess041423t)
(Posted: April 19th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent not demonstrating settled purpose to relinquish parental claim to child; parent failing to perform parental duties for at least six months; parent showing inability to care for child due to work and poor choices of caregivers; persistence of conditions necessitating placement; existence of bond between child and parent .
(AdoptionMP041223t)
(Posted: April 15th 2023)
Choice Fuelcorp, Inc. vs. 360 Painting of Northeast Pa.; 360 Painting of Northeast Pa. vs. Choice Fuelcorp, Inc.
4.13.2023
William P. Carlucci
Civil:
Non-jury trial; breach of contract; payment for completed painting work that passed inspection; withholding payment to cover costs of remedial work; failure to demand remediation under the contract warranty; lack of evidence of value of remediation work; applicability of penalty provision of Contractor and Subcontractor Payment Act; award of attorney fees; reasonableness of fees incurred
(Choice04132023C)
(Posted: April 15th 2023)
Civil:
Quiet title action; standing to object to tax sale; validity of tax sale where statutory requirements are followed; authority of court to set aside sheriff sale after deed filed; effect of sheriff sale on a mortgage to divest tax sale purchaser; divesting sub-surface rights by sheriff sale where deed had reservation; personal jurisdiction
(kitzmiller20230414c)
(Posted: April 15th 2023)
Civil:
Summary judgment motion; slip and fall; hills and ridges doctrine; snow and ice resulting from an entirely natural accumulation; landowner's undertaking to address slippery conditions on some portion of its property that does not increase the risk of harm
(irvin041123Li)
(Posted: April 12th 2023)
Civil:
Preliminary objections; scandalous or impertinent allegations; allegation that plaintiff's decedent died of COVID picked up at a hospital after falling due to icy condition in parking lot; remoteness of causation; striking general allegations of negligence
(corter041123Li)
(Posted: April 12th 2023)
Criminal:
Motion to dismiss; rule 600; excusable delays; COVID restrictions; Commonwealth due diligence; court backlog of criminal cases; waiver of issues not specifically raised; lack of prejudice
(Strothers040323bt)
(Posted: April 10th 2023)
Criminal:
Suppression motion; parole board home visit; drugs in plain view; suspicious conduct giving agents reasonable suspicion to enter home to conduct a parole search; limited Fourth Amendment rights because of a diminished expectation of privacy; totality of circumstances
(Adama040423bt)
(Posted: April 10th 2023)
Criminal:
Habeas corpus petition; evidence not sufficiently specific
with regard to dates and locations of illegal sexual encounters; date range established within statute of limitations and limited list of locations
(Strickland040323bt)
(Posted: April 10th 2023)
Support:
Preliminary objections to complaint for spousal support; viability of marriage occurring after expiration of marriage license; void or voidable marriage; indeterminate statutory language; directory nature of the marriage licensure act; defects in marriage license as fatal to marriage; equitable exceptions to issues concerning the validity of marriages unless clearly specified in statute
(pophal033023Li)
(Posted: March 30th 2023)
Divorce:
Appeal; interpretation of post-divorce property settlement agreement; plain reading; credibility of the testimony; statute of limitations for contract claims; continuing obligations
(yearick032823Li)
(Posted: March 28th 2023)
Bennett, White, Johnson, Acosta, Robinson, Fleming, Benson, Bacon, Gindraw, Lopez, Cotton v. Lycoming County Bar Association, Pa Bar Association, Butts, Lycoming County Narcotics Enforcement Unit, Shoemaker, Barnes, Bluth, Gardner and Prison Board
3.24.2023
David C. Klementik, Senior Judge
Civil:
Preliminary objections; service of process; failure to sign pleading; failure to verify pleading; attempt by non-lawyer plaintiff to represent multiple other plaintiffs; unauthorized practice of law; ability of pro se prisoner without formal training in the law to adequately represent the interests
of a class in class action case; sufficiency of general averments that defendants used unreliable confidential informants in unidentified criminal cases; stringency of pleading standards applicable to pro se complaints; mandamus relief for adequate provision of a prison library; capable of repetition exception to mootness principle; viability of claim against bar association because it administers oaths to attorneys and meets with the president judge; prosecutorial immunity of district attorney; judicial immunity of president judge; viability of claim against prison board solicitor.
(Bennett032423Klementik)
(Posted: March 27th 2023)
Criminal:
Habeas corpus petition; prima facie evidence of drug delivery resulting in death; circumstantial evidence of defendant's connection with decedent about acquiring drugs and her
contemporaneous death
(Moore032223bt)
(Posted: March 23rd 2023)
Criminal:
Petition to transfer to juvenile court; weight to be given to statutory factors for decertification; age of defendant and sufficiency of time to address all rehabilitative needs; amenability to treatment, supervision, and rehabilitation
(Gadson030823t)
(Posted: March 23rd 2023)
Criminal:
Appeal pf sexually violent predator designation; waiver of issues for lack of specificity; finding of pedophilic disorder based on a single admitted incident
(Morehart030323bt)
(Posted: March 23rd 2023)
Criminal:
Suppression motion; probable cause for vehicle stop; technical violation of vehicle code; articulable grounds necessary for canine sniff; length of detention; consent to search vehicle by non-driver owner
(Johnson031423bt)
(Posted: March 16th 2023)
Civil:
Preliminary objections; demurrer to contract and unjust enrichment counts; claim that, as a result of COVID 19, school provided a materially different product, which
deprived plaintiffs of the benefit of the bargain for which they had already paid; sufficiency of written statements by a college referencing "comprehensive, hands-on technical education" to plead an objective, written expression of school's intent to contract for in-person education; viability of speaking demurrer; pleading an implied contract as an alternative theory to the existence of an express contract; viability of claim for attorney's fees under the American Rule
(lawson031323Li)
(Posted: March 13th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent attends visits and demonstrates love and affection for the children in the six months prior to the filing of petition; failure to perform parental duties for at least six months; duties of parent for child in foster care; indicated child abuse reports; inability to remedy incapacities; existence of bond between child and parent; failure to attend bonding assessment
(AdoptionofKS022223t.pdf)
(Posted: March 8th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent attends visits and demonstrates love and affection for the children in the six months prior to the filing of petition; failure to perform parental duties for at least six months; duties of parent for child in foster care; indicated child abuse reports; inability to remedy incapacities; existence of bond between child and parent; failure to attend bonding assessment
(AdoptionLS022223t.pdf)
(Posted: March 8th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence of possession with intent to deliver a controlled substance; testimony of purchasers of drugs identifying defendant as seller; suppression motion; probable cause for vehicle stop because of tinted windows; reasonable suspicion of criminal activity to arrest; probable cause for search warrant of car and cell phone; fair probability that contraband or evidence of a crime will be found
(Smith022823bt)
(Posted: March 1st 2023)
Criminal:
Suppression of evidence; moot issues; return of property with no evidentiary value; disclosure of recorded prison calls to prosecutor pursuant to subpoena; consent to calls being recorded and divulged; reasonable expectation of privacy; premature request for disclosure of bad acts evidence; discovery of written policies of the Narcotics Enforcement Unit
(Bowen022723t)
(Posted: March 1st 2023)
Criminal:
Suppression motion; probable cause to stop vehicle; reasonable suspicion of criminal activity to warrant detention; observation of numerous glassine bags in context of information of prior criminal history regarding narcotics; reasonableness of canine sniff search; compelling discovery; premature filing of motion to preclude evidence of prior bad acts; severance of persons not to possess charge
(Golden022323t)
(Posted: February 26th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent missing supervised visits and showing inappropriate behavior when she does visit; parent with drug and alcohol problems with failed treatment; failure to use recommended services; existence of bond between child and parent; bond with foster parents
(DKM022323t)
(Posted: February 26th 2023)
Civil:
Petition for permission to file appeal of MDJ judgment nunc pro tunc; lack of notice of hearing
(alexander021323Li)
(Posted: February 23rd 2023)
Criminal:
Post conviction relief act petition; eligibility for relief where sentence has already been served; timeliness of petition; jurisdiction of the court; petitioner's misinterpretation of plea agreement; authority of trial court over computation by Department of Corrections of credit for time served and
minimum and maximum dates
(bower021023bt)
(Posted: February 23rd 2023)
Criminal:
Post conviction relief act petition; knowing and voluntary guilty plea; affirmative misinformation from counsel; need for evidentiary hearing on claim that defendant requested counsel to file a motion for reconsideration of sentence
(strouse021423Li)
(Posted: February 15th 2023)
Criminal:
Post conviction relief act petition; timeliness; exceptions to time requirement; new case law claimed as newly discovered facts; retroactive application of new constitutional right; jurisdiction of the court
(Sabur012523bt)
(Posted: February 13th 2023)
AK Welding, LLC., vs. Choice Fuelcorp, Inc. vs. J.T. Thorpe & Sons, Inc.
2.1.2023
William P. Carlucci
Civil:
Preliminary objections; demurrer based on gist of the action doctrine; contract claim in "negligence clothing"; striking general allegations of negligence; claim for attorney's fees based upon common law contract claim or common law negligence; punitive damages; amending the complaint to attempt to assert viable claims
(AK Welding020123C)
(Posted: February 3rd 2023)
Cusick vs. Adams, Harf, Wenrich, Michele, Does, ABC Corporation; Anesthesia Associates of Williamsport, Inc., The Williamsport Hospital; UPMC and UPMC Susquehanna
1.30.2023
Eric R. Linhardt
Civil:
Motions in limine; precluding defendants from denying negligence or causation and to preclude expert testimony; stipulation or admission rendering collateral facts irrelevant to issues before jury; jury determination of whether experts misrepresented facts; necessity of evidence of negligence on question of life expectancy; relevance of the specific mechanism of death to emotional and psychological harm and damages; precluding late produced expert report; prejudice; relevance of evidence of remarriage of spouse of decedent; permitting an acknowledgment by defendants at trial that they are sympathetic to the plaintiff's loss
(cusick013023Li)
(Posted: January 30th 2023)
Civil:
Preliminary objections; proper venue in case against business entity; regularly conducting business; quantity and quality of acts performed in county; incidental purchase of inventory in Lycoming County
(Morehart012523C)
(Posted: January 25th 2023)
Reynolds Iron Works, Inc. vs. Lundy Construction Co., Inc. vs. Nicholas Meat LLC and Providence Engineering Corp.
1.25.2023
William P. Carlucci
Civil:
Motion seeking leave to file cross claims; tardiness of a proposed amendment; prejudice to the non-moving party that a continuance will not remedy
(Reynolds012523C)
(Posted: January 25th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual abuse of children where defendant claims he did not know the age of the victim; suppression motion; probable cause for warrant for search of cell phone; independent source doctrine; proof of inevitable discovery; search warrant overbreadth
(Holly010423bt)
(Posted: January 24th 2023)
Criminal:
Post conviction relief act petition; claimed judicial involvement in plea negotiations; prejudice to defendant; typographical error in transcript of jury charge entitling defendant to new trial; testimony about statement made by defendant during lie detector test, where test was not referenced in the testimony
(coleman011923br)
(Posted: January 24th 2023)
Criminal:
Post-sentence motion; coordinate jurisdiction rule precluding the overruling of suppression decision; factual basis for expert testimony; admissibility of serology records under business record exception to hearsay rule; admissibility of video statement of defendant; admissibility of prison conversation between defendant and wife; reasonable expectation of privacy; qualification of psychologist to testify as expert if not board certified; reasonable pretension to specialized knowledge on the subject under investigation; weight of evidence; sufficient evidence to establish simple assault; claimed excessive sentence
(Stuart012423t)
(Posted: January 24th 2023)
Civil:
Preliminary objections to new matter; scandalous and impertinent allegations that do not bear on the elements of the claim; specificity of allegations to establish reliance on misrepresentations
(McHarris011823Li)
(Posted: January 20th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing inability to care for child; parent's mental health issues; existence of bond between child and parent
(AdoptionAL011823t)
(Posted: January 20th 2023)
Criminal:
Suppression motion; sufficiency of affidavit to establish probable cause for search warrant; no evidence that individual involved in controlled drug buy had a connection to the property to be searched
(Hall011223bt)
(Posted: January 13th 2023)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
