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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Civil:
Summary judgment motion; claimed undue influence in transfer of property; confidential relationship; claimed weakened intellect; unjust enrichment; statute of limitations; discovery rule (order amended July 27, 2020)
(Stackhouse072420t)
(Posted: July 24th 2020)
Divorce:
Divorce; contempt petitions; interpretation of memorandum of understanding related to distribution of property; fairness of property split; mutual mistake; collateral estoppel; compelling a party to take steps to enter divorce decree where delay is hindering transfer of asset; allocation of real estate tax obligation; attorney fees
(Flick072420t)
(Posted: July 24th 2020)
Criminal:
Prima facie case of conspiracy to deliver; defendant providing transportation to and being present for drug transaction
(Young072320BT)
(Posted: July 23rd 2020)
Criminal:
Post conviction relief act petition; ineffective counsel for failure to preserve claim of improperly admitted evidence; opening the door to inadmissible evidence by raising the issue in cross-examination; reasonable basis for not pursuing claim on appeal; meritless claim; narrowing issues on appeal; prejudice
(Perez072320BT)
(Posted: July 23rd 2020)
Criminal:
Post conviction relief act petition; unavailability of witness due to memory loss; applicability of forfeiture by wrongdoing doctrine to both direct and cross examination; waiver by failure to attempt to call witness at trial; discretion of court in admitting relevant testimony; hearsay; out-of-court statement offered to explain a course of conduct; prejudice; claim of judge shopping due to district attorney's request that a senior judge be removed from presiding in criminal cases; issues previously litigated; standard for recusal; failure to seek mistrial for prejudicial statement from tape; prejudice for failure to call witness; after discovered evidence that could have been obtained before trial; proprietorial argument encouraging a jury to send a message to the defendant
(martin072020L)
(Posted: July 20th 2020)
Civil:
Non-jury verdict; appeal from landlord tenant decision; jurisdiction of court to hear counterclaim; termination of supersedeas;for failure to pay rent; credibility of witnesses concerning circumstances of lease; failure of proof on counterclaim
(Lapp071520Li)
(Posted: July 15th 2020)
Criminal:
Motion to modify sentence; applicability of reporting requirement of 2018 version of SORNA to 2011 offenses; ex post facto law; punitive intent of statute; annual reporting requirements unchanged under new statute; constitutionality of internet dissemination provisions; severability; rational nonpunitive purpose of registration to protest the public; weighing of factors
(Irvin071320BT)
(Posted: July 14th 2020)
Criminal:
Commonwealth's motion to consolidate; offenses involving criminal solicitation and child pornography; common plan or scheme; propensity evidence; potential for danger for unfair prejudice
(Kiessling071320L)
(Posted: July 13th 2020)
Lloyd vs Eck Family Limited Partnership No. 2 and E.F. Landscaping and Building Maintenance, LLC
7.9.2020
Eric R. Linhardt
Civil:
Summary judgment motion; slip and fall case; applicability of Nanty-Glo rule; deposition testimony of interested party; duty of landlord out of possession; reserved control exception; fact issues for jury
(Lloyd070920l)
(Posted: July 9th 2020)
Custody:
Motion to release file; attorney's retaining lien; waiver by partial surrender of the file; enforcement of disciplinary rule where rule conflicts with the common law; applicability of exception to retaining lien, where there are no allegations of just cause or that fees are exorbitant
(Walther070720Li)
(Posted: July 9th 2020)
Civil:
Landlord tenant appeal; warranty of habitability defense; non-jury trial; credibility of testimony where documentary evidence is referenced but not produced; failure of party to appear to support testimony; ability to pursue statutory claims where counterclaims not appealed from arbitration decision; assessment of damages
(Cohick070720Li)
(Posted: July 7th 2020)
Civil:
Preliminary objections; wrongful termination claim; clear mandate of public policy; employer demand that plaintiff lie to police about assault in workplace; at-will employment presumption; termination for refusing to commit a crime; punitive damages pled as separate count; specificity of complaint
(welliver070720Li)
(Posted: July 7th 2020)
Civil:
Preliminary objections; wrongful termination claim; clear mandate of public policy; victim of crime in workplace; at-will employment presumption; claimed self defense; punitive damages pled as separate count; specificity of complaint
(temple070720Li)
(Posted: July 7th 2020)
Criminal:
Post conviction relief act petition; response to notice of intention to dismiss with multiple new exhibits and more detailed argument; entitlement to hearing
(williams052620L)
(Posted: July 5th 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofLPK063020m)
(Posted: July 1st 2020)
Southwestern Energy Production Company vs. Forest Resources, LLC., et. al
6.30.2020
Eric R. Linhardt
Civil:
Summary judgment motion; competing claims for oil and gas rights; overlapping land grants; validity of Commonwealth's purported conveyance of land that had already been conveyed; validity of double assessment of taxes; effect of tax sale of invalidly granted land; subjecting void tax sale to statutory redemption period; laches; mere passage of time without prejudice; consideration of facts alleged only in brief; constructive notice of competing interest in land at time of purchase where act creating interest is void ab initio; consideration of expert reports to bar summary judgment
(Southwestern063020Li)
(Posted: June 30th 2020)
Custody:
Preliminary objections to custody complaint; standing of unrelated paramour of mother to seek custody; standing in loco parentis to child; authority to make decisions concerning health, education, or welfare of child; lack of formal adoption;
standing in loco parentis to a child in defiance of natural parent's wishes
(je062420m)
(Posted: June 25th 2020)
Criminal:
Defendant's motion to be removed from DUI Court program; out of county work; compliance under an approved plan
(Young062520BT)
(Posted: June 25th 2020)
Criminal:
Appeal; refusal to exclude cell phone evidence; timeliness of the disclosure of results of search of phone; no request for continuance of trial; information obtained from phone by police from incoming call, where police did not manipulate the phone; plain view doctrine
(Smith061720BT)
(Posted: June 17th 2020)
Criminal:
Post conviction relief act petition; ineffective counsel; involuntary, unintelligent and unknowing guilty plea; factual basis for his guilty plea; potential defense to claim; need for a hearing
(Brown060920L)
(Posted: June 10th 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence of forcible compulsion for rape case; mentally disabled victim; threat to evict from home; sufficiency of evidence of strangulation where mouth is covered, impeding breathing; sufficiency of evidence of mental disability; inability of victim to perform some tasks of everyday living; suppression motion; custodial interrogation; ability to leave without being stopped by officers
(Stuart060520BT)
(Posted: June 9th 2020)
Criminal:
Restitution determination; speculative amount; testimony about amounts incurred for vehicle damage; costs of transportation to work
(Lawrence060820BT)
(Posted: June 9th 2020)
Criminal:
Appeal
(Bowery060220t)
(Posted: June 3rd 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofJDSII060120)
(Posted: June 2nd 2020)
Civil:
Summary judgment motion; discovery sanction for failure to respond to discovery requests; extreme circumstances required for court to enter judgment as discovery sanction; prejudice ot moving party
(North052920t)
(Posted: May 29th 2020)
Criminal:
Post conviction relief act petition; habitual offender status; claimed excessive sentence; sentencing under a plea agreement; sentence within the statutory maximum
(Bird052920t)
(Posted: May 29th 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofPRGB052920m)
(Posted: May 29th 2020)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to seek suppression of phone records of defendant's location at particular times; sufficiency of search warrants; counsel ineffective for failing to predict developments or changes in law; failure to request charge on the voluntariness of defendant's statements to police where there is no evidence that the statements were involuntary; proof of prejudice; probability that verdict would have been different
(bean052629L)
(Posted: May 27th 2020)
Civil:
Certificate of merit requirement; entitlement to court appointed counsel; previously litigated issues; extension to file certificate of merit due to COVID-19
(Millhouse052120t)
(Posted: May 22nd 2020)
Civil:
Preliminary objections; contract claim; enforceability of forum selection clause; reasonableness of Texas forum; contract of adhesion; unconscionability of business contract; interpretation of claimed irreconcilable clauses of contract
(Keystone051520L)
(Posted: May 17th 2020)
Criminal:
Appeal; waiver of issues for failure to file rule 1925 statement; sufficiency of evidence of drug possession; inconsistent testimony; certification of lab report in lieu of testimony; lack of written demand for testimony; waiver by failing to timely object
(cobb050820L)
(Posted: May 14th 2020)
Criminal:
Post conviction relief act petition; intelligent, voluntary, and knowing guilty plea, terms of plea agreement; boot camp eligibility
(Drummond051320Bt)
(Posted: May 13th 2020)
Civil:
Summary judgment motion; age discrimination claim; time for filing a Human Relations Act claim; equitable tolling of statute of limitations; application of mailbox rule; presumption of timely mailing; claim of timely mailing supported by testimony alone
(mcaleer051320Li)
(Posted: May 13th 2020)
Criminal:
Post sentence motion; introduction of autopsy report in competency hearing where the court did not rely on the report in making a decision on competency; scope of questioning on cross examination; sufficiency of evidence to sustain conviction for murder, robbery or burglary; relevancy of belief that building is abandoned; defense of necessity; evidence of specific intent to kill; use of deadly weapon; weight of evidence; shocking the court's conscience; guilty but mentally ill; failure to raise defense of insanity
(Norby-Vardac050820BT)
(Posted: May 8th 2020)
Criminal:
Appeal; violation of intermediate punishment sentence; failure to follow the rules; sentence revocation and sentencing to state prison; amenability to continued supervision through IP program; conduct evidencing minimization of misbehavior and misrepresentation of conduct; repeated failure to follow the rules; harsh and excessive sentence; inapplicability of sentencing guidelines; consideration of severity of the crime and character and rehabilitative needs of defendant
(Steadley043020L)
(Posted: May 5th 2020)
Criminal:
Post sentence motion; propriety of court's charge on murder where record does not support claim that the clarge was improperly given; weight of the evidence; verdict contrary to evidence as to shock one's sense of justice
(Coleman050520L)
(Posted: May 5th 2020)
Adoption:
Appeal
(KFO042429M)
(Posted: April 24th 2020)
Criminal:
Post conviction relief act petition; counsel's failure to request a line-up; guilty plea as waiver of all defects and defenses except those concerning plea validity; factual support for allegations in petition; knowing, intelligent and voluntary guilty plea
(williams042320L)
(Posted: April 23rd 2020)
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilt; arguable merit of claim where the factual averments, if accurate, could establish cause for relief; requirement of factual hearing
(williams040920L)
(Posted: April 9th 2020)
Criminal:
Post conviction relief act petition; waiver of defects and defenses by plea of guilty; knowing, intelligent and
voluntary guilty plea; prejudice
(Steadley040920L)
(Posted: April 9th 2020)
Criminal:
Post conviction relief act petition; ineffective counsel; failure to request jury charge on lack of a prompt complaint in a rape case; prejudice in case involving unconscious victim; failure to appeal denial of severance; discretion of court; duty of counsel to raise all non-frivolous claims on appeal
(Bean040920L)
(Posted: April 9th 2020)
Criminal:
Post sentence motion; admissibility of confession; corpus delicti; independent evidence to suggest that a crime has
occurred; proof of crime beyond reasonable doubt before statement is admitted; weight of the evidence; verdict shocking to court's sense of justice; sentencing discretion' consideration of sentencing factors
(coleman040720L)
(Posted: April 7th 2020)
Criminal:
Post conviction relief act petition; knowing, intelligent and voluntary guilty plea; written guilty plea colloquy; attempt to change statements previously made under oath; claims supported by facts on record
(Nixon040720L)
(Posted: April 7th 2020)
Criminal:
Motion to reconsider sentence; sentencing factors; presumptions related to consideration of pre-sentence investigation; proof that court ignored or misapplied law, exercised its judgment for reasons of partiality, prejudice, bias or ill will, or arrived at a manifestly unreasonable decision
(bradshaw040720L)
(Posted: April 7th 2020)
Criminal:
Post sentence motion; DUI case; missing witness charge; failure of defendant to call alibi witness who was uniquely available to defendant; defendant's efforts to identify last name of an acquaintance who defendant alleges was driving vehicle involved in accident; alleged cumulative evidence, where only missing witness could corroborate defendant's testimony
(hall032529Li)
(Posted: March 31st 2020)
Civil:
Motion for special service of process; defendant evading service; failure to attach affidavit or verification to motion; circumstances of avoidance of service established by attached sheriff's return
(Bower032720t)
(Posted: March 27th 2020)
Criminal:
Motion for arrest of judgment or judgment of acquittal; failure of Commonwealth to introduce evidence at trial the item found in defendant's possession was a controlled substance; waiver of issues not raised at trial; necessary elements of of proof; sufficiency of circumstantial evidence
(Bowery032520t)
(Posted: March 27th 2020)
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t3)
(Posted: March 27th 2020)
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t2)
(Posted: March 27th 2020)
Criminal, Family:
Appeal; children's fast track appeal; appeal of findings in permanency review concerning abuse by omission; causing, or aware of child's severe injuries and failing to act
(DD032720t1)
(Posted: March 27th 2020)
Criminal:
Second amended petition for post conviction relief; timeliness; jurisdiction
(Vinson032720BT)
(Posted: March 27th 2020)
Danko Holdings, LP and Klingerman vs. J.C. Forestree Inc., Corl and Wheeland Lumber Company
3.26.2020
Marc F. Lovecchio
Civil:
Plaintiff's preliminary objections; demurrer to counterclaim for breach of contract based on a theory of anticipatory repudiation; issues concerning intent of the parties and surrounding circumstances; inconsistent position of a party as to its status in transaction; elements of a civil conspiracy claim; facts or legal authority to support claims for punitive damages or attorney's fees
(Danko032620L)
(Posted: March 26th 2020)
Adoption:
Petition for involuntary termination of parental rights; non-participation of father due to hospitalization for mental illness; children without proper parental care or control necessary for their physical, mental, or emotional health; lack of compliance with permanency plan; drug, alcohol and mental issues of parents; bonding assessment; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; removal from care of parents by agency; unhealthy and fragmented bond; attachment interruption; importance of children's permanency; best interest of children;
(AdoptionofJMandJM032620m)
(Posted: March 26th 2020)
Criminal:
Suppression motion; duty to inform suspect of Miranda rights in non-custodial situation; seizure of cell phone in plain sight as a result of suspect volunteering that he had it in his possession; voluntariness of consent to search vehicle
(Irwin032520BT)
(Posted: March 25th 2020)
Criminal:
Suppression motion; scope of consent to search home; objective reasonableness standard; consent of one who possesses common authority over premises or effects
(Ransom032620L)
(Posted: March 25th 2020)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; credibility of claim of unawareness of right to make claim; retroactive application of finding of unconstitutionality of statute
()
(Posted: March 25th 2020)
International Development Corporation vs. The Frontier Group, LLC, and Barrios
3.25.2020
Ryan M. Tira
Civil:
Motion to strike responses to requests for admissions and to deem them admitted; duty to provide documents already in the possession of the party; requests calling for conclusions of law; allowability of requests focusing on facts surrounding a document; propriety of choosing to use admissions rather than a deposition; exercise of good faith in inquiring into the facts and responding to admissions requests; use of common sense reading of request in phrasing response; admission of requests upon overruling of objections; propriety of request for opinion of fact as to belief that agreement conveyed oil and gas interests; verification of discovery response
(International032520t)
(Posted: March 25th 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; incarceration; no existing bond
(AH030520t)
(Posted: March 24th 2020)
Criminal:
Post Conviction Relief Act petition; timeliness of claim concerning original sentence; proper method to challenge the decisions of the Board or the Department of Corrections calculation of sentences; imposition of backtime simply requires prisoner to serve time remaining on original sentence
(Monroe032320L)
(Posted: March 23rd 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence of drug possession; constructive possession in rental vehicle; suppression motion; systematic profiling of vehicles for involvement in drug trafficking; reasonable suspicion or probable cause to stop vehicle; heavily tinted windows
(Bonaparte031920L)
(Posted: March 21st 2020)
Criminal:
Suppression motion; motor vehicle stop; reasonable suspicion; observations of vehicle weaving and crossing center and fog lines
(griffith031720L)
(Posted: March 18th 2020)
Hoover vs. Muncy Valley Hospital; UPMC Susquehanna; Perry Doan, DO; Mark Beyer, DO; and Emcare, Inc.
3.13.2020
Ryan M. Tira
Civil:
Motion for partial summary judgment; vicarious liability claim; late production of expert report in response to filing of motion; prejudice; two prior discovery extensions, with no additional extension sought before service of late expert report; attempt to add new theories of liability after expiration of discovery deadline; attempt to renew vicarious claim that was already waived; corporate negligence claim for alleged knowledge of hospital of doctors' incompetency; failure of an emergency room required to have a policy in place for every condition
(Hoover031320t)
(Posted: March 16th 2020)
Salvatore vs. Danko Holdings, L.P, 3rd St. PLCB Ventures, LLC and Night Venue
3.13.2020
Marc F. Lovecchio
Civil:
Motion to compel discovery answers; waiver by failing to timely file objections; punishment befitting the crime; lack of prejudice; documents not privileged; relationship of requested documents to plaintiffs' claims
(salvatore031320)
(Posted: March 14th 2020)
Civil:
Post conviction relief act petition; timeliness of challenge to sex offender registration requirements; attorney conflict of interest at probation violation hearing; need for new hearing
(Scott031120L)
(Posted: March 12th 2020)
Civil:
Motion for extension of time to file a certificate of merit; need for medical testimony when there are allegations that the care and treatment of a patient fell below the standard of care; timeliness of motion; showing of good cause; incarcerated plaintiff
(millhouse031120t)
(Posted: March 12th 2020)
Criminal:
Motion to reconsider suppression order; issue arising during suppression hearing; police officer ordering a blood draw without consent, before a warrant was obtained; no showing of an independent medical purpose for blood draw
(Kapp030520BT)
(Posted: March 7th 2020)
Com. Dept. L. & I. Bureau of Labor Law Compliance vs Market Street South, Inc. and Marcello
3.6.2020
Ryan M. Tira
Civil:
Preliminary objections; action to collect unpaid wages; attempt to assert affirmative defense as preliminary objection; dates that fall outside the three-year statute of limitations as bar to entire claim; claimed lack of notice; refusal of certified letter by defendant; timeliness of notice; statutory construction; legislative intent to make it easier for employees to recover unpaid wages; definition of "immediately" as required for notice to claim a penalty; notice required to allow a claim for liquidated damages and penalty; required service by certified mail; sufficiency of pleading of elements of a contract; facts upon which objecting party has as much or better knowledge than the pleader; claimed failure to exhaust a statutory remedy by failing to engage in a good-faith dispute or contest of claims; need to pierce corporate veil to claim against corporate officer; evidence of co-mingled business money with personal money; indispensable party; proper party was sued but under wrong designation; amending complaint
(Commonwealth030620t)
(Posted: March 7th 2020)
Criminal:
Post conviction relief act petition; claimed failure of counsel to appeal upon request; credibility issue; waiver of issues by pleading guilty; knowing intelligent, and voluntary guilty plea
(Bey030420BT)
(Posted: March 7th 2020)
Family:
Protection from abuse matter; personal jurisdiction; specific incidents of abuse that occurred in St. Thomas, with no
allegations of abuse occurring in Pennsylvania; minimum contacts; relationship of brief history of employment in Pennsylvania to abuse alleged to have occurred out of state
(JT030520m)
(Posted: March 7th 2020)
Wills and Estates:
Petition for pre-complaint discovery and motion to
reconsider; untimely challenge to the probated will; adequacy of notice; exceptions to 1 year statute of limitations; fraud exception pertaining to fraud upon the court and not fraud involving creation of the will
(mase030520LI)
(Posted: March 5th 2020)
Civil:
Petition to vacate arbitration award; calculation of cost-of-living adjustment; contract interpretation; reliance on settlement agreement involving separate union contract; narrow certiorari scope of review; duty to affirm even a decision that was manifestly unreasonable or a misinterpretation of the law
(Williamsport030420Li)
(Posted: March 5th 2020)
Civil:
Preliminary objections; legal sufficiency of the pleading; no right of private action or relief for HIPAA violations; necessary elements for defamation; truth as affirmative defense not raised at preliminary objection stage; pleading that alleged communication was defamatory in character; need to plead with particularity highly personal, sensitive or potentially embarrassing contents of medical records; prima facie claim for defamation per se; duty of care to protect stored employee data on computer systems; HIPAA as establishing a duty of care; notice of conduct of employee that would establish liability for negligent supervision; negligence per se based on violation of HIPAA; UTPCPL violation for claimed slow notification of violation of breach of privacy; prima facie case of intrusion upon seclusion; presumption of existence of duty where harm derives from defendant's affirmative, risk-causing conduct; high standard to prove intentional infliction of emotional distress; sufficiency of allegations to claim punitive damages; striking excessively vague and equivocal language and facts that are not necessary elements of plaintiff's claim; motion for protective order; subpoena of documents in possession of an opposing party; unilateral scheduling of a deposition of an an opposing party's employee
(fausnaught030420Li)
(Posted: March 4th 2020)
Criminal:
Motion to admit out-of-court statements made by a child victim; sufficient indicia of reliability of child's statements; significance of evidence of potential bias of receiver of the statement; child's ability to testify without causing serious emotional distress
(Maneval030220BT)
(Posted: March 3rd 2020)
Criminal:
Habeas corpus petition; prima facie case; elements of conspiracy to deliver drugs and criminal use of a communication facility; proof of possession of drugs by showing constructive possession; corruption of minor and reckless endangerment shown by careless storage and handling of heroin; suppression motion; sufficiency of search warrant to show probable cause; request for identity of confidential informant; showing that information
requested is material and reasonable
(Cotton030220BT)
(Posted: March 3rd 2020)
Civil:
Ejectment action; summary judgment motion; plaintiff out of possession who has a present right to immediate possession; genuine issue of material fact; potential tenant rights; sanctions motion; mootness
(Bartholomew030220t)
(Posted: March 3rd 2020)
Adoption:
Petition for involuntary termination of parental rights filed by agency no settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarcerated parent who fails to take advantage of programs available to him and who engages in misconduct that hinders his journey towards reunification; no relationship between the child and father
(AdoptionofKFO030220m)
(Posted: March 3rd 2020)
Civil:
Discovery sanction; motion to stay; potential criminal prosecution; prejudice to plaintiff; option to invoke fifth amendment privilege; adverse inferences
(MooseLodge14522020t)
(Posted: February 29th 2020)
Criminal:
Appeal; credibility of witnesses
(Villaneuva022120L)
(Posted: February 29th 2020)
Criminal:
Habeas corpus motion; prima facie evidence of theft in a failed business relationship; availability of civil remedy; propriety of criminal prosecution to collect a simple business debt
(Forlina021420BT)
(Posted: February 19th 2020)
Adoption:
Petition for involuntary termination of parental rights; in case of newborn, for a period of 4 months prior to the filing of the petition, making no effort to maintain substantial and continuing contact with child, nor providing financial support to child; non-appearance at hearing; no existing bond
(AdoptionofSJB021020m)
(Posted: February 12th 2020)
Criminal:
Appeal; waiver of issues not addressed by rule 1925 statement; weight and credibility of evidence concerning photographs not being date stamped
(Cobb021020L)
(Posted: February 10th 2020)
Criminal:
Post conviction relief act petition; credit for time served before county sentence was revoked and state sentence imposed; calculation of time served as relates to split sentences
(Cross021020L)
(Posted: February 10th 2020)
Criminal:
Suppression motion; vehicle stop for registration search result showing "no record found" through J-Net; investigative detention supported by reasonable suspicion; some articulable facts that a violation had or was occurring
(brown021020L)
(Posted: February 10th 2020)
Wills and Estates:
Petition to dispose of remains; determination by next of kin; closeness of relationship to deceased; no clear intent expressed by deceased; authority of estate to determine disposition of remains
(JAK020320t)
(Posted: February 7th 2020)
Administrative Appeal:
Petition to vacate and expunge involuntary civil commitment; sufficiency of evidence upon which commitment was based; review of contemporaneously-created record; necessity of commitment where petitioner voluntarily agreed to undergo treatment; actions and statements contrary to expressed desire to voluntarily submit to treatment
(inrejp010320t)
(Posted: February 7th 2020)
Criminal:
Post conviction relief act petition; knowing, intelligent, and voluntary guilty plea; written guilty plea colloquy
(Breeland020620BT)
(Posted: February 7th 2020)
Criminal:
Juvenile court restitution determination; factors for consideration; weighing needs of the victim against the capabilities of a 15 year old juvenile; community service to reimburse restitution fund; future wage attachment to pay restitution
(InReYJO20520m)
(Posted: February 6th 2020)
Civil:
Preliminary objections; material allegation of paragraph of complaint containing multiple facts; failure of complaint to be verified; demurrer; factual issues on ownership and possession of land; specificity of complaint
(baysore020320t)
(Posted: February 6th 2020)
Custody:
Petition to amend final PFA orders to address custody issues; authority of court to modify PFA order upon petition of either party; consent order; unilateral mistake as to the agreed terms; jurisdiction of family court to revise custody schedule of child protected in PFA order; contravention of PFA order
(VAO020620Li)
(Posted: February 6th 2020)
Criminal:
Habeas corpus petition; constructive possession of contraband; prima facie case; suppression motion; scope of search warrant; search of safe being actively moved from a home at the time of execution of search warrant; curtilage or an inseparable portion of residence
(Sweetin-Wright020320BT)
(Posted: February 5th 2020)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish prima facie case of conspiracy with respect to drug offences; proof of agreement to commit unlawful act; sufficiency of evidence to establish prima facie case of conspiracy to flee from police
(Bonaparte020520BT)
(Posted: February 5th 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; non-appearance at hearing; no existing bond
(AdoptionofCDS020320m)
(Posted: February 5th 2020)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel; failure to object to references to defendant being on parole where the court had already allowed such references; failure of counsel to predict changes in the law; lack of prejudice where the totality of the evidence supports the verdict; credibility of defendant's testimony about degree of trial preparation
(Boyd020420L)
(Posted: February 4th 2020)
Criminal:
Post conviction relief act; timeliness; jurisdiction of the court
(Degarmo020420BT)
(Posted: February 4th 2020)
Criminal:
Pretrial motions; prima facie case of constructive possession of controlled substances; suppression of evidence; sufficiency of allegation of probable cause of search warrant; use of confidential informant; adequacy of Miranda warnings; permissibility of search of person where officer knew of the warrant but did not have physical possession of it
(Williams020320BT)
(Posted: February 3rd 2020)
Criminal:
Suppression motion; reasonable suspicion to conduct an investigatory detention; abandonment of gun dropped on ground as police passed; standing
(McMillan013120BT)
(Posted: February 1st 2020)
Custody:
Petition to enforce; reconsideration of order issued without notice to opposing party; interpretation of court order relating to consent of party for significant decisions related to medical treatment; routine medical evaluations
(Keller013020t)
(Posted: February 1st 2020)
Civil:
Preliminary objections; formation of employment contract; conditional offer; at will employment; anticipation of "just cause" term that might have been in a future written contract
(Buckley012920Li)
(Posted: January 30th 2020)
Civil:
Preliminary objections; specificity of complaint; attaching an agreement is a credit card collection case; scope of account statements; issues for discovery; consequences of failure to file brief
(citibank012820t)
(Posted: January 30th 2020)
Criminal:
Suppression motion; reasonable suspicion for investigatory detention; defendant driving vehicle while known not to have license; search of vehicle upon consent of owner
(Brown012720L)
(Posted: January 27th 2020)
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Williamsport, PA 17701
