Lycoming County Court Opinions
The database contains over 6400 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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Criminal:
Post-sentence motion; claimed failure to consider mitigating factors in imposing sentence; need to establish that court either ignored or misapplied the law, exercised judgment out of prejudice, bias or ill will, or was not acting impartially; severity of crime and impact on victim
(Blunt042925bt.pdf)
(Posted: May 4th 2025)
Doughertys Run Road Solar, LLC vs. Old Lycoming Township Board of Supervisors
4.29.2025
William P. Carlucci
Civil:
Petition to intervene; discretion of court; failure of potential intervenor to comply with technical rules for intervention; adequacy of township's representation of potential intervenor's interests
(Daugherty042925C)
(Posted: April 30th 2025)
Criminal:
Appeal; issues previously addressed by court decisions
(Giddings042925C)
(Posted: April 30th 2025)
Criminal:
New trial motion; claimed Brady violation due to undisclosed marital relationship between prosecutor and an expert witness who testified at trial; material impeachment evidence
(Frazier042225t)
(Posted: April 26th 2025)
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary waiver of jury trial; strategy and tactics of counsel in effectuating client's interests; sufficiency of pre-trial meetings with counsel; failure to identify specific instances of ineffective assistance of counsel
(Moser042125bt)
(Posted: April 26th 2025)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court; proper grading of escape charge, relating to escape from work-release detail
(Daubert042125bt)
(Posted: April 26th 2025)
Civil:
Motion in limine to preclude medical testimony on effects of use of marijuana where there is no evidence of intoxication
(Miller041625C)
(Posted: April 16th 2025)
Civil:
Motion in limine; tardiness of expert report; lack of manifest prejudice; appropriate relief allowed
(Miller041525C)
(Posted: April 16th 2025)
Criminal:
Motion to reconsider denial of post conviction relief act petition as untimely; jurisdiction of court; arguable merit of claim of ineffective counsel where counsel is alleged to have failed to file a post sentence motion to revise a negotiated sentence
(Stroup041025bt)
(Posted: April 16th 2025)
Criminal:
Motion to vacate probation; legality of sentence of consecutive periods of special probation where defendant was actively serving his sentence of probation; determination of when special probation commences where there is a conflict between the court order and attached conditions; priority given to the order over conditions attachment
(Johnson031125RG)
(Posted: April 15th 2025)
Civil:
Appeal of custody award; best interests of child
(Green040125RG)
(Posted: April 15th 2025)
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 contact with child since June 2024; failure to appear at termination hearing; existence of bond
(CM022725RG.pdf)
(Posted: April 15th 2025)
Criminal:
Motion to withdraw guilty plea; demonstration of fair and
just reason for withdrawal; jurisdiction of court over cases arising under Crimes Code; waiver of venue issue by failing to object before completion of the preliminary hearing; determination of location of the offense based upon admissions of defendant
(Gordon041425bt)
(Posted: April 14th 2025)
Susquehanna Legal Aid for Adults and Youth vs. Winkelman and The Pajama Factory, LLC and P.J. Holding, LLC
4.9.2025
William P. Carlucci
Civil:
Preliminary objections; demurrer; requirement to attach contract; suit on behalf of others; factual basis for claim for attorney fees; implied warranty of habitability in commercial lease; sufficiency of lease violation allegations; factual basis for claims against individual defendants where landlord is limited liability company; sufficiency of pleading of promissory estoppel and Unfair Trade Practices claims
(SLAAY040925C)
(Posted: April 10th 2025)
Criminal:
Habeas corpus petition; evidence of age of victims in images; need for expert testimony; sufficiency of evidence that defendant used computer to access child pornography; totality of evidence; suppression motion; probable cause for search warrant; possessory interest giving rise to reasonable expectation of privacy; allegation of stale information supporting affidavit of probable cause where information related to old devices still in defendant's possession
(Stroud040425bt)
(Posted: April 10th 2025)
Civil:
Summary judgment motion; late production of expert report; prejudice; necessity of expert testimony; circumstantial evidence of knowledge of defendant of defective conditions at renovated property; fact issues
(Ranck20250331Li)
(Posted: April 7th 2025)
Wills and Estates:
Attorney's fees motion claiming dilatory, obdurate or vexatious conduct for filing petition to remove guardian; petition based on claims believed by petitioner and in good faith
(Anderson040125C)
(Posted: April 3rd 2025)
Bartley, Doe and Colonial Radio Group of Williamsport, LLC vs. Webb, Webb Weekly and Dixon
4.3.2025
William P. Carlucci
Civil:
Preliminary objections; propriety of third amended complaint that addressed subject of preliminary objections to the timeliness of the second amended complaint; identifying minor parties as, "John Doe" or "Jane Doe" where the parties are known persons; sufficiency of pleading that does not identify specific statements by defendants that are actionable
(Bartley040325C)
(Posted: April 3rd 2025)
Criminal:
Appeal; concurrent versus consecutive sentence where drug offenses were different in kind from defendant's decision to engage in high speed effort to flee the police; sentencing discretion
(McMillan032125C)
(Posted: March 21st 2025)
Criminal:
Suppression motion; probable cause for vehicle stop where officer had information that the driver's license was suspended; reasonable suspicion for canine search of vehicle where the only evidence was that defendant had recently visited a residence where others were arrested for drug offenses
(Garg031725C)
(Posted: March 18th 2025)
Criminal:
Suppression motion; search of vehicle; expectation of privacy in another's vehicle; automatic standing to challenge a search where a possessory offense is charged; plain view doctrine; valid consent to search; motion to dismiss; prima facie case of possession of firearm by fugitive
(Pedraza031025t)
(Posted: March 16th 2025)
Criminal:
Post conviction relief act petition; timeliness; merits of claim that counsel should have filed a post-sentence motion to request concurrent sentences when the plea agreement was for consecutive sentences
(Stroup031025bt)
(Posted: March 16th 2025)
Criminal:
Motion to reconsider sentence; weight given to defendant's history and characteristics, age, rehabilitative needs and
mental and physical health issues, lapse of time of the majority of his criminal history, and his mental health diagnoses; sentencing court presumed aware of contents of presentence investigation report
(Robinson031025bt)
(Posted: March 16th 2025)
Criminal:
Habeas corpus motion; sufficiency of evidence of attempt to commit insurance fraud, where defendant conspired to burn a building for insurance money, and evidence showed that he was the only one of the conspirators who could have started the fire
(Teageus-Landis022725bt)
(Posted: March 10th 2025)
Criminal:
Motion to sever; judicial economy; evidence of offenses admissible in separate trials of each; danger of confusion or prejudice; common scheme or plan
(Kancevicius022625t)
(Posted: March 10th 2025)
Criminal:
Suppression motion; questioning of incapacitated individual with co-existing mental diagnoses; determination of whether custodial interrogation occurred by considering totality of circumstances, including defendant's status as a care-dependent individual and presence of two authority figures; validity of waiver of Miranda rights; consideration of incapacitated person's age, comprehension, and presence or absence of an interested adult invested in the individual's welfare
(Ruhl022625t)
(Posted: March 10th 2025)
Criminal:
Motion to dismiss pursuant to rule 600; Commonwealth due diligence; delay attributable to defense; authority of public defender to act for indigent prisoner; need for defendant to assent to request for continuance
(Goings030625bt)
(Posted: March 10th 2025)
Criminal:
Motion to admit 404(b) (other crimes) evidence; trial within a trial; jury confusion; prejudice; relevance of evidence to issue of identity and intent
(Robinson021225bt)
(Posted: February 27th 2025)
Divorce:
Petition to interpret prenuptial agreement; contract principles of interpretation; claim that wife must repay husband for use by husband of his separate money to pay wife's debts
(Caschera022425RG)
(Posted: February 27th 2025)
Custody:
Motion to modify custody; appeal related to ability of children to attend sports practices; best interests of the children
(Decapria012225RG)
(Posted: February 27th 2025)
J.R. Mall, Inc. and White Oak Forestry vs. Hemlock Ridge Estates I, L.P., Big Iron Logging and Wagner Lumber Company
2.25.2025
Eric R. Linhardt
Civil:
Preliminary objections; standing to sue; real party in interest; use of extrinsic evidence to defeat demurrer; specificity of factual averments of complaint; higher pleading standard applicable to averments of fraud; sufficiency of averments of time and place; striking immaterial and inappropriate allegations as impertinent; legal sufficiency of claims of fraudulent misrepresentation where both fraud and reliance are alleged; availability of punitive damages for contract claims; statutory damages foreclosing recovery of punitive damages in timber case; allegations of outrageous conduct supporting award of punitive damages; viability of conversion claim where constructive possession is averred; general allegations of knowledge and intent overcoming a demurrer; sufficiency of allegations of tortious interference and unjust enrichment
(JRMall022525Li)
(Posted: February 26th 2025)
Civil:
Preliminary injunction motion; alleged violation of Pa. Sewage Facilities Act; finding of immediate and irreparable harm; interpretation of zoning regulations in favor of landowner to give landowner the benefit of the least restrictive use; facility operating in compliance with valid occupancy permit, that was never revoked; failure to establish that on site sewage system was not sufficient for the expected volume of waste; attempt to add additional, costly requirements for sewage system, after all necessary approvals issued; greater injury resulting from the grant of the injunction; plaintiff unlikely to prevail on the merits; estoppel where any confusion as to sewage system requirements was created by township
(wyant022425Li)
(Posted: February 25th 2025)
Criminal:
Motion in limine to preclude expert testimony; timeliness of expert report; sufficiency of expert report that was recycled from another case and was not factually specific to current case; prejudice to defendant; requirement of more detailed report; motion in limine to preclude prior bad acts evidence; remoteness of conduct; introduction of conduct not sufficiently similar; prejudice related to use of old information
(Brewer021025bt)
(Posted: February 16th 2025)
Criminal:
Post-conviction relief act petition; voluntary, knowing, and intelligent guilty plea; consent defense involving a minor; enforcement of plea agreement; credit for time served
(Holly021225bt)
(Posted: February 16th 2025)
Criminal:
Suppression motion; error in affidavit of probable cause, misidentifying the owner of the residence to be searched; probable cause for issuance of search warrant based on information from a minor; stale information
(Baker021125C)
(Posted: February 16th 2025)
Criminal:
Suppression motion; timeliness; reasonable suspicion for vehicle stop where vehicle registration was expired; reasonable basis for detaining defendant and conducting a canine search; voluntariness of consent to search of person
(Devan021425C)
(Posted: February 16th 2025)
Criminal:
Motion seeking disclosure of evidence of prior bad acts; motion to sever wholly unrelated charges; habeas corpus petition; circumstantial evidence establishing a prima facie case of delivery of drugs
(Singleton020325t)
(Posted: February 8th 2025)
Criminal:
Bail revocation motion; burden of proof; hearsay testimony; exception for statement of opposing party; violation of terms of bail; issues previously litigated
(Gardner020325t)
(Posted: February 8th 2025)
Criminal:
Post-sentence motion; boilerplate allegations concerning sufficiency and weight of evidence; evidence establishing use of a communications facility and drug sales by defendant; jury's role in determining credibility; time to raise issue related to effectiveness of counsel; calculation of rule 600 dates; sentencing discretion to impose consecutive or concurrent sentences; excessiveness of sentence
(Jennings020425bt)
(Posted: February 7th 2025)
Criminal:
Motion to dismiss; prima facia case of delivery of rugs; use of hearsay testimony; confidential informant
(Thomas012825C)
(Posted: January 30th 2025)
Criminal:
Habeas corpus petition; prima facie case for conspiracy to deliver, delivery of drugs and criminal use of a communication facility; need for testimony from confidential informant to establish prima facie case
(Cowan013025bt)
(Posted: January 30th 2025)
Criminal:
Habeas corpus petition; sufficiency of evidence of the size of the theft of money to charge a felony; question of fact for jury
(Bausinger011024t)
(Posted: January 27th 2025)
Criminal:
Suppression motion; voluntary, knowing and intelligent
waiver by juvenile of Miranda rights; presence or absence of an interested adult as relevant factor; determination of whether interested adult is adversarial to the juvenile
(CR011025t)
(Posted: January 27th 2025)
Bartley, Doe and Colonial Radio Group of Williamsport, LLC vs. Webb, Webb Weekly and Dixon
12.26.2024
Eric R. Linhardt
Civil:
Preliminary objections; use of hearsay statements as basis for allegations in a complaint; proper method of pleading minor's names; specificity required in pleading interference with contractual relations, where potential contracts are not named; prejudice to defendant; scandalous and impertinent matter relating to allegations of arson not connected to a cause of action; viability of vicarious liability claim where the underlying claims are legally insufficient; legal sufficiency of negligent or intentional infliction of emotional distress claims where no supporting facts are alleged
(Bartley122624Li)
(Posted: January 27th 2025)
Susquehanna Legal Aid for Adults and Youth vs. Winkelman and The Pajama Factory, LLC and P.J. Holding, LLC
1.24.2025
William P. Carlucci
Civil:
Preliminary injunction motion; staying eviction proceedings of not-for-profit law firm, funded in part through grants, which is required to secure governmental approval for its business location, rent, and other terms of occupancy.
(SLAAY012425C)
(Posted: January 25th 2025)
Criminal:
Appeal; permitted scope of expert commentary about the legal definition of insanity to explain what he was looking for in his evaluation; permissible testimony about defendant "not talking to cops" where purpose is to show his ability to make decisions and awareness of his legal circumstances, to rebut insanity defense; inconsistent verdict where defendant is found guilty but mentally ill on certain charge and guilty on others; sufficiency of evidence to convict of assault and recklessly endangering charges; burden to prove insanity defense; waiver of issues not raised in trial; proof of ineffective assistance of counsel; sentencing considerations where defendant is found guilty and guilty but mentally ill on separate charges; waiver of objection to deadly weapon enhancement where not raised during sentencing or in post-sentence motion; constitutionality of judge applying sentencing enhancement
(Shuler012425bt)
(Posted: January 25th 2025)
Criminal:
Motion for nominal bail; time computation under rule 600
(Henry012225C)
(Posted: January 22nd 2025)
Criminal:
Post conviction relief act petition; death penalty case; ineffective counsel; knowing and voluntary waiver of Miranda rights; lack of prejudice for failure to file suppression motion; suppressing spontaneous statements of defendant made to sheriff; counsel's ineffectiveness for failing to request cautionary instruction about drug dealing and incarceration testimony; use of testimony of other convictions to prove guilt; use of Kloiber instruction where witness did not identify defendant as person who committed crime; ability of counsel to predict a change in the law on use of identification experts; reference to rap lyrics used by defendant, with the inference that he was referring to a killing; prejudice by failing to object to increased courthouse security; failure to object to witness's interpretation of conversations in which he was not involved but on which topics he had conspired; adequacy of preparation of defendant to testify; failure to voir dire jury on prior murder conviction; reference to multiple aggravating circumstances, when there was only one; adequacy of race-neutral reasons to strike juror; validity of closing with claimed appeal to sympathy, vouching for witness, objectionable definition of reasonable doubt, and claimed comment on right to remain silent; issues previously litigated on appeal; use of recording of hearsay statement to refresh recollection; ineffectiveness of counsel for failing to conduct a competent investigation; prejudicial effect of cumulative errors; requiring new trial due to email scandal involving Supreme Court Justices; qualifications of mitigation specialist to testify as an expert, making her report discoverable; duty of counsel to investigate circumstances of old conviction that serves as aggravating circumstances; claimed failure to secure and develop available mitigation evidence, so that defendant is prejudiced in sentencing; failure to develop and litigate evidence to attack eligibility for the death penalty because of an intellectual disability; consideration of future dangerousness during penalty phase; authority to argue that defendant showed no sympathy or remorse; failure to disclose claimed Brady material; waiver of argument on constitutionally of the state's death penalty law; merits of attacking the death penalty law on its face or as applied
(Patterson012125bt)
(Posted: January 22nd 2025)
Mabsco Enterprises, LLC vs. Lycoming County Zoning Hearing Board vs. Lycoming County
1.21.2025
William P. Carlucci
Administrative Appeal:
Land use appeal; standard of review where no additional evidence is taken; refusing a special exception hearing where application simply seeks to modify the terms of a special exception; interpretation of ambiguous language of an ordinance; substantial evidence supporting hearing board findings; need for full factual hearing on the merits
(Mabsco012125C)
(Posted: January 21st 2025)
Administrative Appeal:
Motion to dismiss; Sunshine Act violation for failure to approve filing appeal of land use decision at public meeting; ratification by subsequent public meeting approval; mootness
(montgomery101025Li)
(Posted: January 15th 2025)
Civil:
Petition to attach distributions from trust with spendthrift provisions; statutory construction of exception to statute that validates spendthrift provisions of trusts
(Dragon011325C)
(Posted: January 14th 2025)
Criminal:
Habeas corpus petition; sufficiency of evidence of identity of defendant; duty of Commonwealth to disclose exculpatory evidence
(Crawford010825t)
(Posted: January 14th 2025)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop for violation of Motor Vehicle Code; duration of stop; probable cause to secure search warrant based on odor of marijuana and no valid marijuana card
(Bannerman010725t)
(Posted: January 14th 2025)
Criminal:
Suppression motion; probable cause for warrantless arrest where the arresting officer relies on evidence of a felony obtained from officer who witnessed the offense; probable cause for search warrant directed to home where affidavit included references to drug buys at the home; habeas corpus petition; prima facie case; sufficiency of evidence of drug sales and use of a cell phone for transactions; duty of Commonwealth to disclose exculpatory evidence
(Davis010725t)
(Posted: January 14th 2025)
Criminal:
Suppression motion; probable cause for issuance of search warrant; evaluating totality of circumstances showing high likelihood that contraband would be found in trailer to be searched
(Fleming010725t)
(Posted: January 14th 2025)
Criminal:
Suppression motion; vehicle stop due to reasonable suspicion to believe that vehicle was not insured based on computer check; probable cause to shift investigation to DUI where officer observes defendant showing signs of impairment
(Powell010325C)
(Posted: January 7th 2025)
Criminal:
Appeal; denial of motion to reinstate appeal rights nunc pro tunc treated as post conviction relief act petition; timeliness; sole means of obtaining collateral relief in criminal cases; requirement to appoint counsel for untimely petition; claim previously litigated or waived; factual allegations of after discovered evidence; dismissal without hearing where court lacks jurisdiction to hear the claim
(Harman101424bt)
(Posted: January 3rd 2025)
Civil:
Motion for class certification; claim for reimbursement of tuition and fees paid for college students in light of move to remote learning during COVID-19 pandemic; standards applicable to class certification; inclusion of non-students, who may have paid costs for students, in a class where such persons cannot be identified and had no contract with college; determination of commonality, without necessity to establish the merits of the case; adjustment of classes after discovery to address differences in a particular student's experience; student demonstrating typicality, in that his overall position on common issues is sufficiently aligned with that of absent class members; lack of conflict of interest between interests of proposed class representative and those of the persons whom he seeks to represent; need for discovery to determine whether common questions of law and fact predominate over individual questions; risk of inconsistent or varying adjudications; appropriateness of forum; prohibitive cost to adjudicate claims individuality
(Lawson122624Li)
(Posted: December 27th 2024)
Criminal:
Amending criminal information to support actual facts adduced at hearing; habeas corpus petition; prima facie case for criminal attempt-sexual assault; motion to sever sexual assault counts from drug charges where drug use is interwoven with sexual offenses,
(Graves122024t)
(Posted: December 26th 2024)
Criminal:
Suppression motion; probable cause to conduct a warrantless arrest; sufficiency of evidence supporting claim that defendant delivered drugs or received money for drugs; habeas corpus petition; prima facie case of drug offenses where the only evidence is suppressed
(Quartman121824t)
(Posted: December 26th 2024)
Criminal:
Suppression motion; sufficiency of affidavit of probable cause to issue search warrant as to a particular house; drug sales, with defendant leaving the house in question to deliver drugs; substantial nexus between suspect's home and criminal activity or contraband
(Jefferies122024t)
(Posted: December 26th 2024)
Criminal:
Habeas corpus petition; endangering welfare of child charges related to failure to provide care to newborn child; allowance of amicus brief by American College of Obstetrics and Gynecology regarding criminalizing behavior of women with adverse pregnancy outcomes; criminal liability for conduct during pregnancy that affects unborn child; liability for act of omission in failing to obtain medical care for child; knowing breach of duty to care for child; proper grading of offense where no course of conduct is established; suppression motion; probable cause to issue search warrants; use of a search warrant as a general investigatory tool; validity of search warrants issued without evidence of a crime, or to investigate conduct that cannot constitute a crime
(Truax121724bt)
(Posted: December 22nd 2024)
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 contact with child since 2012; failure to appear at termination hearing; existence of bond
(LM120224RG)
(Posted: December 22nd 2024)
Divorce:
Appeal; use of parol evidence if the terms of a contract are ambiguous, because they are subject to more than one reasonable interpretation when applied to a particular set of facts
(Vosk120324RG)
(Posted: December 22nd 2024)
Criminal:
Suppression motion; reasonable suspicion to detain defendant; totality of the circumstances suggesting criminal activity; probable cause for arrest where canine alerted to the presence of narcotics
(Huyck120624RG)
(Posted: December 22nd 2024)
Criminal:
Post conviction relief act petition; timeliness; statutory exceptions to time requirements; jurisdiction of court
(Belton121724bt)
(Posted: December 17th 2024)
Criminal:
Suppression motion; probable cause for traffic stop where driver crossed the fog line 3 times and was driving too closely to a vehicle; reasonable suspicion to conduct sobriety tests where officer observes erratic driving, defendant's glassy, blood shot eyes and dilated pupils, and smelled alcohol, with an admission of having been drinking
(Laielli120924t)
(Posted: December 16th 2024)
Criminal:
Commonwealth appeal of suppression decision; probable cause for issuance of search warrant; sufficient nexus between defendant's drug dealing activities and place to be searched; use of commonsense approach to review of facts; reliability of confidential informant's information
(Bentley120924bt)
(Posted: December 16th 2024)
Criminal:
Suppression motion; reasonable suspicion for traffic stop where vehicle stops for 3 seconds at flashing yellow traffic light
(Jackson121124t)
(Posted: December 16th 2024)
Criminal:
Objection to restitution; restitution order based on estimate to repair an unrepaired vehicle; reasonableness of estimate, that was not based on speculation, but an evaluation of damages to vehicle
(Rowland111224t.pdf)
(Posted: December 6th 2024)
Criminal:
Motion to dismiss under rule 600; computation of time attributable to the parties; delays caused by court scheduling delays
(Sanchez120424C)
(Posted: December 5th 2024)
Criminal:
Severance motion; consolidation of separate criminal informations where the evidence of each offense would be admissible in a separate trial for the other and is capable of
separation by the jury so that there is no danger of confusion
(Matty120424C)
(Posted: December 5th 2024)
Criminal:
Appeal of denial to challenge to registration requirements; coordinate jurisdiction rule applicability where there is an intervening change in the law; applicability of SORNA II registration requirements passed after sentencing; ex post facto law; nonpunitive nature of registration requirements; withdrawal of trial counsel after appeal filed; waiver of issues not raised in trial court; ineffective counsel
(Mead112124bt)
(Posted: December 4th 2024)
Jersey Shore Area School District vs. Jersey Shore Area Education Association
12.2.2024
Eric R. Linhardt
Civil:
Petition to vacate or modify arbitration award; termination of bargaining unit member without due process hearing; scope of arbitrator's authority; decision to estop district from ever terminating the employee rationally derived from bargaining agreement; mere delay as prejudice; curing a procedural defect by having a "do over."
(JSASD120224Li)
(Posted: December 4th 2024)
Balsamo vs. Epic Construction Specialties, LLC; Epic Construction Fabrications, LLC and Springman
12.2.2024
William P. Carlucci
Civil:
Non-jury trial; claim of breach of construction contract - breach of warranty; failure to alert utility companies of excavation prior to work; violation of Pennsylvania Home Improvement and Consumer Protection Law and Unfair Trade Practices and Consumer Protection Law; gist of the action doctrine precluding tort claims; personal liability of LLC member on contract claim against LLC;
(Balsamo120224C)
(Posted: December 3rd 2024)
Criminal:
Suppression motion; adequacy of affidavit of probable cause to support issuance of search warrant; common-sense, non-technical review of the facts; substantial nexus between place to be searched and criminal activity; duty to disclose all exculpatory evidence to a defendant prior to trial, including confidential informants, when a defendant establishes material need and reasonableness
(Harris112624t)
(Posted: November 26th 2024)
Kumud Hospitality LLC and Jadav vs. SSN Williamsport LLC, SSN Hotel Management LLC and Bhaisadswala
11.25.2024
Eric R. Linhardt
Civil:
Motion for judgment on the pleadings; res judicata effect of actions involving identical parties that were not decided on the merits; effect of failure to reply to new matter where no response is required; deemed denial of new matter; capacity to sue of company that registers to do business in Pennsylvania after commencement of suit; viability of Unfair Trade Practices and Consumer Protection Law claim to address business dispute; dismissal of claim due to expiration of statute of limitations where date that action accrued is disputed; determining gist of the action where fraud is alleged in the context of inducement to enter and performance of a contract; applicability of economic loss doctrine to claims where duties arise independently of contractual duties; factual issues about whether statute of limitations bars contract claim; pleading inconsistent claims; viability of stand-alone claims for breach of covenant of good faith and fair dealing
(Kumud112524Li)
(Posted: November 26th 2024)
Criminal:
Suppression motion; probable cause to effectuate traffic stop where officer observes a traffic violation that is remedied before the stop
(Hunter111824C)
(Posted: November 20th 2024)
Susquehanna Legal Aid for Adults and Youth vs. Winkleman and the Pajama Factory, LLC and P.J. Holding, LLC
11.18.2024
William P. Carlucci
Civil:
Preliminary injunction hearing; required elements necessary to support the issuance of a preliminary injunction; potential eviction of tenants due to code official's eviction notice; lack of immediate threat of eviction due to action taken by landlord to stay the eviction
(SLAAY111924C)
(Posted: November 19th 2024)
Criminal:
SVP hearing request; substantial delay after sentencing; determination of statutory purpose; jurisdiction of court to consider a collateral consequence of conviction, after sentencing; defendant's awareness of the applicability of SORNA to him at time of sentencing; effective waiver of SVP timing requirements by objecting to hearing based on now overruled precedent; lack of prejudice; use of stale SVP assessment going to weight and not jurisdiction of court
(webb102824Li)
(Posted: November 19th 2024)
Criminal:
Suppression motion; sufficiency of information to establish probable cause to issue search warrant; common sense reading of affidavit of probable cause
(Palmer111924bt)
(Posted: November 19th 2024)
Criminal:
Motion requesting notice of bad acts evidence; motion to correct grading of offense in information; habeas corpus petition; evidence of kissing victim sufficient to support indecent assault charge, where such contact was common at her place of employment
(Cracchiolo110624t)
(Posted: November 12th 2024)
Criminal:
Suppression motion; stale information in affidavit of probable cause for search warrant; totality of circumstances test; old information used for corroboration purposes; sufficiency of evidence for issuance of search warrant; substantial basis for concluding that probable cause existed; legality of search of cell phone; applicability of plain view doctrine to view of contents of cell phone; hone fruit of the poisonous tree; disclosure of Brady material in discovery
(Carter110624t)
(Posted: November 12th 2024)
Adoption:
Motion for reconsideration of finding of juvenile dependency; jurisdiction to modify collateral order more than 30 days after issuance; no dispute as to facts supporting finding of aggravated circumstances; lack of basis to attempt to preserve the family through reunification
(InReH.E.110524C)
(Posted: November 11th 2024)
Civil:
Motion in limine; preclusion of evidence that is not persuasive; determination of weight of evidence; avoiding prejudice due to late disclosure of expert testimony
(Engel102524C)
(Posted: October 28th 2024)
Criminal:
Motion for sexually violent predator hearing due to conviction for possession of child pornography; remand on appeal; delayed hearing as violating procedural due process rights; effective waiver of timing requirements for SORNA hearing; lack of prejudice due to delay; jurisdiction of the court to hold hearing
(ultsh202524Li)
(Posted: October 26th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; no settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; minimal or no compliance with the permanency plan; non-apearance at court hearing; existence of bond between child and parent that is worth saving
(AdoptionBJ101824t)
(Posted: October 26th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections; demurrer to tort claims based on worker's compensation immunity; elements of statutory employer immunity; subject matter jurisdiction; fact issues to be determined by limited discovery.
(wright102324C3)
(Posted: October 24th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections; personal jurisdiction over defendant; corporation carrying on of a continuous and systematic part of its general business within this Commonwealth; jurisdiction over a corporation with a registered office in Pennsylvania; discovery on jurisdictional issues.
(wright102324C2)
(Posted: October 24th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections to complaint joining an employer in a work injury claim; bar to joinder of additional defendant for direct liability after the statute of limitations has expired; waiver of worker's compensation act protections by way of written indemnification contract; specificity of employer's waiver of immunity; contract interpretation.
(wright102324C1)
(Posted: October 24th 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of reckless endangerment where defendant drove passenger occupied vehicle erratically and threatened to crash it; due process issue concerning notice to defendant of rescheduled preliminary hearing
(Kline101524bt)
(Posted: October 15th 2024)
Susquehanna Legal Aid for Adults and Youth vs. Winkelman and The Pajama Factory, LLC and P.J. Holding, LLC
10.11.2024
William P. Carlucci
Civil:
Preliminary injunction petition; claims that defendant damaged plaintiff's reputation by comments in the press is compensable with money damages and is not a basis for a preliminary injunction; while city action that would force mass eviction of tenants might not be compensable with damages, the harm is not immediate as there is no imminent threat of eviction
(SLAAY101124C)
(Posted: October 11th 2024)
Criminal:
Undisputed habeas corpus petition; pretrial discovery
(walter100424t)
(Posted: October 9th 2024)
Criminal:
Suppression motion; probable cause for search warrant; standing to object to search; automatic standing in possessory crimes; distinction between theft and attempted theft charges; existence of privacy interest in property of spouse
(Dickerson100424t)
(Posted: October 9th 2024)
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 contact with child since 2022; failure to appear at termination hearing; existence of bond
(APJ100424RG)
(Posted: October 7th 2024)
Criminal:
Motion to dismiss juvenile matter due to outrageous governmental conduct; intentionally withholding independently corroborated information that the juvenile was misidentified; high threshold to establish outrageous governmental conduct; suppression motion related to issuance of search warrant due to omission of relevant information from the affidavit of probable cause; suppression of fruit of the poisonous tree
(MJ092424RG)
(Posted: October 7th 2024)
Criminal:
Suppression hearing; knock and announce rule; reasonable amount of time to wait before forcing entry to home; exigent circumstances related to reasonable concern for safety or potential destruction of evidence; suppression as appropriate remedy; burden of proving compliance with knock and announce rule
(Gainey100224bt)
(Posted: October 7th 2024)
Criminal:
Habeas corpus petition; prima facie case of conspiracy to deliver drugs where defendant answered her phone and the phone was handed to another who used it to arrange a drug sale; use of hearsay evidence to identify perpetrator; evidence that defendant knew of a crime or was present as sufficient evidence to charge as accomplice
(Shearer092524bt)
(Posted: October 1st 2024)
Civil:
Summary judgment motion; landlord liability for dog bite; actual knowledge of dog's violent propensity; fact issue; right to take the premises
(Speece092724C)
(Posted: October 1st 2024)
Bartley, Doe and Colonial Radio Group of Williamsport, LLC vs. Webb, Webb Weekly and Dixon
9.27.2024
Eric R. Linhardt
Civil:
Recusal motion; conscientious determination of ability to assess case before the court in an impartial manner, free of personal bias or interest in the outcome; impartiality reasonably questioned; appearance of impropriety
(Bartley092724Li)
(Posted: September 28th 2024)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
