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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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)
Civil:
Motions for summary judgment; standards applicable to medical malpractice claim; necessity of medical expert opinion to demonstrate elements of cause of action; difference between opinion sufficient to support a certificate of merit and that necessary to withstand summary judgment; sufficiency of evidence that any particular doctor or health care provider caused harm or how that harm arose.
(dodson010923Li)
(Posted: January 10th 2023)
Criminal:
Habeas corpus petition; prima facie case of endangering welfare of children; knowledge of homeowner that children in his household were being mistreated; sufficiency of evidence of obstruction where investigators were misdirected about the whereabouts of missing children
(Butler1923b)
(Posted: January 10th 2023)
Criminal:
Motion to dismiss pursuant to rule 600; Commonwealth burden to prove that it acted with due diligence; calculation of excludable delay
(Moore010623bt)
(Posted: January 8th 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; parent showing, at most, a passive interest in children; no existing bond
(AdoptionAHandDH121322t)
(Posted: January 3rd 2023)
Criminal:
Motion for reconsideration of denial of post conviction relief act petition; jurisdiction of the court; timeliness of attempt to assert the newly discovered evidence exception, where the evidence should have or was previously known; attempt to assert newly recognized constitutional right exception where case cited does not establish such a right and the case is not to be applied retroactively; previously litigated issues
(Mincy12722b)
(Posted: January 2nd 2023)
Wills and Estates:
Non-jury trial; petition to return assets to estate; application of the Dead Man's Act; voidable transfers under the uniform act; sufficiency of evidence of decedent's acts to effectuate his intent to transfer assets, prior to death
(Benson123022Li)
(Posted: December 30th 2022)
Civil:
Motion to vacate stay of eviction and dismiss appeal; lack of service of the appeal notice; attempted service after filing of motion to dismiss appeal; good cause shown for reinstatement of appeal from MDJ decision
(Stonekey121222Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; mandamus action to compel issuance of sewage system permit; compliance with unappealed zoning hearing board decision; failure to exhaust statutory remedies; futility of appeal
(Morgenfruh122822Li)
(Posted: December 29th 2022)
Branton vs. Zoning Hearing Board of Nippenose Township and Nippenose Township
12.28.2022
Eric R. Linhardt
Administrative Appeal:
Land use appeal; standard applicable to interpretation of zoning ordinance; Regulatory Flood Elevation requirements; defining "new construction" in context of addition to building; ambiguous language in ordinance; deference afforded to township interpretation of its ordinance; remedial measures
(Branton122822Li)
(Posted: December 29th 2022)
Cosentine vs. Burch, The Smith-Burch Agency, LLC and The Farmers Fire Insurance Company
12.28.2022
Eric R. Linhardt
Civil:
Motion in limine to confirm crossclaim; objection to indemnification claim on the eve of trial; sufficiency of crossclaim to raise the defense of contractual rather than common law indemnification; waiver of objection to defense where contractual indemnity defense is not specifically raised; waiver of failure to state a claim defense; applicability of common law indemnification to party who has active negligence
(cosentine122822Li)
(Posted: December 29th 2022)
Needville Little League, Inc. and Tulsa National LL, Inc. vs. Little League Baseball, Inc.
12.28.2022
Eric R. Linhardt
Civil:
Preliminary objections; demurrer to contract claim; alleged breach of COVID-19 testing procedures; arbitrary and uneven application of tournament rules, regulations and procedures
(needvile122822Li)
(Posted: December 29th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
12.27.2022
William P. Carlucci
Civil:
Motion in limine to prevent expert from testifying; late production of report; prejudice; qualifications of expert established by MCARE Act; expert who is familiar with the specific standard of care at issue; admissibility of surgeon's opinion on who has responsibility to prevent fires in the operating theater; cumulative or corroborative evidence
(Evans12272022C)
(Posted: December 27th 2022)
Callaghan, Kriger, Giampapa, Travis, Probst, Barr vs. Williamsport Area School District, Baer, Penman, Derr, Dixon, Lake; Nibble, Poole, Reeves and Welteroth
12.22.2022
William P. Carlucci
Civil:
Preliminary objections; public nuisance of school playground; individual liability of school board director; interference with the standard of comfort of locality
(Callaghan122222C)
(Posted: December 25th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
12.21.2022
William P. Carlucci
Civil:
Preliminary objections; striking new matter that incorporates expert reports rather than retyping contents of expert reports; disregarding any error or defect of procedure which does not affect the substantial rights of the parties
(Evans122122C)
(Posted: December 22nd 2022)
Wills and Estates:
Petition to establish paternity and for declaratory judgment; authority to compel genetic testing in estate claim; broad authority of court to resolve questions of paternity either at the request of a claimant or sua sponte; allowing a court to compel unwilling parents of a putative father to provide a sample of blood for genetic testing; invasion of privacy; effect of acknowledgment of paternity on effort by child to establish paternity of another person
(stroble122022Li)
(Posted: December 20th 2022)
Civil:
Preliminary objections; contract claim against non-party to agreement; interpretation of contract term allowing dismissal of employee who was involved in criminal activity in sole discretion of employer; good faith basis for determination; acquittal as raising factual issue of involvement in criminal activity
(rinker121922Li)
(Posted: December 19th 2022)
Civil:
Preliminary objections; availability of punitive damages in contract and Unfair Trade Practices and Consumer Protection Law claims; reckless, indifferent, willful, wanton, oppressive, or outrageous conduct; pleading notice of bed bug infestation; recoverability of attorney's fees; American rule; statutory authorization for award of fees
(skillman121922Li)
(Posted: December 19th 2022)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction; factual support for application of exceptions to time limits; voluntariness of decision not to testify at trial; court colloquy regarding waiver of right to testify
(Alford121522b)
(Posted: December 17th 2022)
Administrative Appeal:
Right-to-know law appeal; request for digital copy of the ClearVote Cast Vote Record file for every precinct; exception to public inspection for digital equivalent of contents of ballot boxes; standing of Lebanon County resident to inspect Lycoming County election records; intervention of Lycoming County electors and Pennsylvania Department of State; statutory interpretation; constitutional right to secrecy in voting; definition of voting machine; electronic voting system; determination of what constitutes "contents"; ambiguous statutory language; legislature's likely intent; narrow construction of law designed to promote access to official government information; deliberate legislative choice to not widen exception to public access; weight of opinion of agency charged with statute's execution and application; random record of ballot results; stay pending appeal
(honey121622Li)
(Posted: December 17th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; failure to meet eligibility requirements for Recidivism Risk Reduction Incentive (RRRI)
(Travers120922bt)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation of awareness of invalidity and illegality of plea; eligibility for relief when no sentence is being served
(Nottingham12922bt2)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation that witness's testimony was
previously not known despite the exercise of due diligence; applicability of newly-recognized constitutional right exception; eligibility for relief when no sentence is being served
(Nottingham120922bt)
(Posted: December 10th 2022)
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion that minor victim of sexual offenses is unwilling to testify
(Orner120622b)
(Posted: December 6th 2022)
Civil:
Preliminary objections; claimed scandalous and impertinent averments; materiality of averments in the complaint to support the cause of action; claim for attorney fees; American rule; alleged willful and wanton conduct supporting imposition of attorney fees; sufficiency of allegations to support causes of action for interference with the use of easement and trespass upon property rights in the easement; mere inconvenience
(evelhari120622Li)
(Posted: December 6th 2022)
Civil:
Non-jury trial; declaratory judgment action related to the duties of the county controller; statutory construction; interpretation of County Code; employees necessary for county officer to perform required functions; controller acting as check on the commissioner's overseeing of the fiscal affairs of the county; consent of controller to remove employees; propriety of use of Declaratory Judgment Act
(rogers120122leete)
(Posted: December 6th 2022)
Criminal:
Motion to permit testimony by contemporaneous alternative method and motion to admit out of court statements; evidence that the child may experience emotional distress if she is required to testify in front of her father, her alleged abuser; applicability of Tender Years Hearsay Act; time, content, and circumstances of out of court statement providing sufficient indicia of reliability; availability of child as a witness
(maggs110822t)
(Posted: December 5th 2022)
Civil:
Motion to open judgment of non pros for failure to file certificate of merit in medical malpractice case; timeliness of motion; reasonable explanation or legitimate excuse for failure to comply with rule; impact of pro se status; failure to take any steps to comply with the rules
(sampson111622li)
(Posted: December 5th 2022)
Criminal:
Post conviction relief act petition; jurisdiction; timeliness; insufficient facts to establish interference by government
officials or newly discovered facts; failure to identify government officials or how they interfered with petition; fishing expedition for records to support after discovered evidence claim
(bean112922a)
(Posted: December 5th 2022)
Civil:
Preliminary objections to credit card collection complaint; failure to plead written agreement that established interest rates; interest rate cap at legal rate of interest in Pennsylvania; validity of verification of recovery representative to statements made in the complaint
(Holt112322t)
(Posted: December 5th 2022)
Criminal:
Appeal
(young120122bt)
(Posted: December 5th 2022)
Criminal:
Appeal
(cradle120122br)
(Posted: December 5th 2022)
Civil:
Preliminary objections; scandalous and impertinent matter; pleading plea of nolo contendere in criminal case for the same incident
(Williams120122C)
(Posted: December 4th 2022)
Civil:
Summary judgment motion; liability of company for failure to monitor employee's use of a company vehicle; company duty to the public to ensure its vehicles are not used in a reckless manner; fact issue of permissive use; vicarious liability for negligent entrustment of company vehicle; scope of employee's employment as a fact question for jury; knowledge of potential that someone would use a vehicle; reckless conduct as a matter of law; award of punitive damages as a matter of law
(shultz120222Li)
(Posted: December 4th 2022)
Reynolds Iron Works, Inc. vs. Lundy Construction Co., Inc. vs. Nicholas Meat LLC and Providence Engineering Corp.
11.23.2022
William P. Carlucci
Civil:
Motions for summary judgment; contract claim where a material issue of fact remains regarding whether full payment by owner is a condition precedent for payment to subcontractor and where there is claim of defective performance; factual issues related to payment under Pa. Contractor and Subcontractor Payment Act and required notice; reliance on representations of intent to cure; factual issues concerning tort claims about defective plans and damages therefor; factual issues related to whether enrichment was unjust; contract interpretation; waiver of timeliness requirement by acceptance of late performance; effect of no oral modification language; entitlement to recoupment; use of expert reports to demonstrate factual issues for trial
(Reynolds112322C)
(Posted: November 28th 2022)
Civil:
Preliminary objections; punitive damages claims for corporate negligence constituting outrageous conduct in nursing home case; numerous issues of a similar nature occurring consistently over nearly two years of plaintiff's residence; alleged deliberate understaffing
(mertz112122Li)
(Posted: November 21st 2022)
Civil:
Petition to open judgment of non pros and for reconsideration of order striking it; defect on the face of the record; necessity of a certificate of merit; required procedure where plaintiff does not believe a certificate of merit is required; attempt to avoid filing motion to determine necessity of a certificate of merit by using footnote on a certificate; loss of right to contest non pros by failing to timely motion to determine necessary certificate of merit; need for a certificate of merit for claims of physical and sexual assault in a hospital setting; breach of professional standards governing hospital employees; application of rules 126 and 3051 to certificate of merit procedures; reasonable explanation or legitimate excuse for failure to rectify deficient certificate of merit; preliminary objection; blending causes of action for vicarious liability and corporate negligence
(Cuneo11102022Li)
(Posted: November 13th 2022)
Civil:
Preliminary objections; demurrer to claim that defendant negligently designed and constructed premises where there are only allegations that defendant had a duty to inspect, maintain, repair, control, supervise and/or oversee the
premises and to warn of and correct any hazardous conditions; distinction between construction and maintenance
(Bryan110722Li)
(Posted: November 8th 2022)
Administrative Appeal:
Appeal of decision of the Office of Open Records to right-to-know request denial; motion to compel discovery; applicability of rules of civil procedure; requirements of due process; inherent authority of court to order a form of discovery; discretion as to appropriate scope of discovery; facilitating efficient resolution of issues
(stroehmann110222Li)
(Posted: November 3rd 2022)
Lobar, Inc. vs. Lycoming County and Cummings & Smith, Inc.; Lycoming County vs. Lobar, Inc. and Federal Insurance Company
11.3.2022
William P. Carlucci
Civil:
Motions for summary judgment; breach of contract claim; issues of material fact as to contract interpretation; causes of action and defenses pleaded in the alternative; viability of liquidated damages claim; sufficiency of expert reports to support negligent misrepresentation claim; contributory negligence, as a matter of law
(Lobar110322C)
(Posted: November 3rd 2022)
Civil:
Preliminary objection raising question of actual possession of the disputed property; determination of proper form of action as between action to quiet title or ejectment; characteristics of an owner's use of property
(Okkelberg102422L)
(Posted: October 24th 2022)
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; no existing bond
(AdoptionJRK102122t)
(Posted: October 24th 2022)
Criminal:
Appeal; sufficiency of evidence to convict of intent to solicit sex from a child, based on sexually suggestive communications; deletion of messages as establishing consciousness of guilt; sentencing discretion; proportionality of sentence in conflict with underlying conduct
(Degarmo091721bt)
(Posted: October 17th 2022)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
