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 conviction relief act petition; claim of ineffective trial counsel due to interference with defendant's right to testify and right to make a knowing, intelligent, and voluntary decision on whether or not to testify; timeliness; arguable merit of claim; reasonably designed strategy; prejudicing right to fair trial
(McCloskey061917bt)
(Posted: June 20th 2017)
Criminal:
Post conviction relief act petition; improper advice by counsel because of no notification of consequences; license suspension as a collateral civil consequence of a criminal conviction
(Howell060817L)
(Posted: June 16th 2017)
Criminal:
Appeal; weight and sufficiency of evidence
(Larochelle060817L)
(Posted: June 16th 2017)
Bausch vs. Orso, Casale & Bonner, PC, Semo, Hinkle and Recla
5.16.2017
J. Michael Williamson, Specially Presiding
Civil:
Motion for compulsory nonsuit; Dragonetti Act claim; favorable termination; case resolved by settlement of co-defendant; complaint filed as a result of significant consideration and supported by probable cause; lack of negligence; abuse of process claim; evidence that suit filed for designed purpose, which purpose was partially achieved; existence of fiduciary relationship
(bausch051617W)
(Posted: June 15th 2017)
Criminal:
Suppression motion; evidence obtained from backpack in the Juvenile's bedroom; revocation of consent to search; probable cause for warrantless search; lack of arrest; exigent circumstances
(InReRK060817m)
(Posted: June 12th 2017)
Civil, Administrative Appeal:
Agency appeal; de novo hearing; false or misleading information on application concerning prior subsidized housing; denial for misrepresentation of information related to eligibility
(ward060517g)
(Posted: June 10th 2017)
Criminal:
Fourth petition for post-conviction relief; timeliness; claims previously litigated or deemed waived; bald claims not linked to any facts; claims waived for lack of development; viability of tender years finding
(bodle060617g)
(Posted: June 10th 2017)
Criminal:
Appeal
(Dacenzo051117bt)
(Posted: June 8th 2017)
Criminal:
Post conviction relief act petition; warrantless breath tests; coerced consent resulting from officer's warnings_x000d_
of enhanced criminal penalties; retroactive effect of Birchfield v. North Dakota; change in constitutional criminal procedure
(Miller060817bt)
(Posted: June 8th 2017)
Criminal:
Appeal; supplemental Pa.R.A.P. 1925(a) opinion setting forth the rationale and basis for incorporating an ancillary matter into the criminal proceedings
(Confer060717bt)
(Posted: June 7th 2017)
Criminal:
Post conviction relief act petition; timeliness; waiver of recusal claim by failing to request recusal at the appropriate time; entitlement to credit for time served on probation; sentencing considerations
(Horn060617L)
(Posted: June 6th 2017)
Criminal:
Suppression motion; cell phone search; consent to use phone; unfortunate timing of incriminating text message
(gusev060217L)
(Posted: June 3rd 2017)
Criminal:
Appeal; due process rights under Brady v. Maryland; preserving issue for appeal; waiver of issues not in the post conviction relief act petition; disclosure of documentation held by other agency; admissible bad acts evidence against investigating officer
(Barto060217L)
(Posted: June 3rd 2017)
Divorce:
Appeal; contempt for failure to comply with periodic equitable distribution payment order; “double-dip” by using same income to calculate child support, APL, and a mortgage contribution; relitigation of previously decided issue; issue properly addressed by motion to modify child support obligation based on changed_x000d_
circumstances; lump sum payment; award of attorney fees on finding of contempt
(sam053017m)
(Posted: May 31st 2017)
Criminal:
Suppression motion; probable cause to search; reasonable suspicion; plain feel doctrine; investigatory detention; non-custodial incriminating statements regarding use of marijuana; habeas corpus petition; prima facie case of possession with intent to deliver
(Bond052917L)
(Posted: May 30th 2017)
Criminal:
Commonwealth's Motion in limine; prior bad acts evidence; evidence of common scheme, plan or design, and intent and absence of mistake or accident; similarity of offenses; potential for unfair prejudice
(Matlosz053017L)
(Posted: May 30th 2017)
Criminal:
Motion to dismiss firearms charges for violating constitutional right to bear arms; waiver for untimely filing; waiver of severance issue; discretion of the court to sever where there is prejudice for the jury to hear evidence on all the counts
(hopkins051017g)
(Posted: May 27th 2017)
Criminal:
Guilty plea withdrawal motion before sentencing; prejudice; bare assertion of innocence as a fair and just reason for withdrawal
(smith051517g)
(Posted: May 27th 2017)
Criminal:
Appeal
(Mullen042617bt)
(Posted: May 25th 2017)
Criminal:
Appeal; forfeiture by wrongdoing of hearsay and confrontation rights; witness appearing at trial pursuant to a material witness warrant; waiver of objection at trial; withdrawal of rights to confront and to assert a hearsay objection; claimed Commonwealth misconduct in the ex parte communication with president judge to have trial judge assigned; required prejudice; motion for judgment of acquittal; sufficiency of evidence of burglary, robbery, aggravated assault, conspiracy and theft and receiving stolen property; Commonwealth's use of the term “pistol-whipped”; lay opinion testimony on how in her experience Instagram was used; relevance of testimony that defendant owned a gun where he was charged with using_x000d_
a gun to assault someone; authenticity of the photographs from Instagram; circumstantial evidence of authenticity; accomplice liability instruction
(Martin052317L)
(Posted: May 24th 2017)
Criminal:
Appeal; probable cause to arrest; totality of the circumstances as seen through the eyes of a trained officer; need for arrest warrant where there is probable cause to believe that a felony has been committed and that arrestee is the felon; suppression motion; unreasonable delay in arraignment; probable cause to seize and search vehicle; “inevitable discovery” rule; Municipal Police Jurisdiction Act; invitation by law enforcement that had jurisdiction; suppression as appropriate remedy; unduly suggestive photographic identification; joinder of informations; prejudice; offense admissible in separate trial for other offense; common scheme or plan; rule 600; delay caused by Commonwealth's lack of due diligence; sentencing discretion; special consideration due to age and rehabilitative needs
(McDowell050817L)
(Posted: May 23rd 2017)
Criminal:
Motion to dismiss based upon discriminatory prosecution; failure of mandatory reporter to report sex abuse claim; purposeful discrimination
(Poust051517bt)
(Posted: May 22nd 2017)
Criminal:
Suppression motion; vehicle search; probable cause to believe a crime had occurred; totality of circumstances
(Tallent051617bt)
(Posted: May 22nd 2017)
Criminal:
Pro se motion for relief nunc pro tunc; constitutionality of sexual offender registration requirement; pending Supreme Court cases on registration statute's violation of the ex post facto clause of the Pennsylvania constitution; decision deferred
(Koch051117bt)
(Posted: May 12th 2017)
Criminal:
Commonwealth's motion in limine; expert testimony regarding eye witness identification; discretion of court; relevancy; timeliness of production of expert report where no discovery request was served; knowledge possessed by average lay person; scope of expert opinion
(Hall051117L)
(Posted: May 12th 2017)
Criminal:
Nunc pro tunc pretrial motion; previous motion dismissed for non-appearance of defendant; excuse for non-appearance
(West051217L)
(Posted: May 12th 2017)
Criminal:
Habeas corpus petition; nunc pro tunc designation for late filing due to recantation of Commonwealth witness; hearsay statements of witnesses; prima facie case
(Johnson050917bt)
(Posted: May 10th 2017)
Criminal:
Motion for release on nominal bail; rule 600; delay attributable to defense
(Ruffin050917bt)
(Posted: May 10th 2017)
Criminal:
Suppression motion; probable cause to stop motor vehicle; knowing voluntary, and intelligent agreement to blood test based upon officer's warnings of loss of license; evidence of coercion
(Liberti050917bt)
(Posted: May 10th 2017)
Civil:
Preliminary objections; claimed water damage due to leaking borough pipes; duty; governmental immunity; utility service facilities exception; dangerous condition of borough's water system; notice; unjust enrichment; unconstitutional application of municipal ordinance where it is unequally applied
(smith042717g)
(Posted: May 6th 2017)
Administrative Appeal:
Appeal of involuntary mental health commitment; patient acting in such manner as to evidence that he would be unable, without care, supervision and the continued assistance of others, to satisfy his need for nourishment, personal or medical care, shelter, or self-protection and safety; non-compliance with medication requirements
(SP050417g)
(Posted: May 6th 2017)
Civil:
Preliminary objections; replevin action; potential equitable claim to title; no allegation of wrongful taking or possession by defendant
(Wettlaufer042517g)
(Posted: May 6th 2017)
Branch Banking and Trust Company vs. Dibble, Black Bear Holdings, LLC, Mccague, Hill, Rosdev Capital Funding, LP, Barry Isett & Associates, Inc., Phillips, Voneida and Linde Corporation
5.5.2017
Dudley N. Anderson
Civil:
Summary judgment motion; action to quiet title; declaration as to priority of mortgage; unrecorded deed; impeachment of mechanic's lien; standing to challenge court's prior holding on validity of deeds; priority of mechanic's liens; issue of fact as to when work completed; statutory construction of mechanic's lien statute; perfection of lien
(Banch_Banking0505107a)
(Posted: May 6th 2017)
Civil:
Motion to dismiss; prima facie case of drug delivery; constructive possession; prima facie showing of drug possession, criminal use of communication facility and conspiracy
(Ruffin050517bt)
(Posted: May 6th 2017)
Criminal:
Appealability of denial of defense motions in limine; interlocutory order appealable as collateral order
(Parker050417bt)
(Posted: May 4th 2017)
Adoption:
Petition for involuntary termination of parental rights of father; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent
(AdoptionofBGR042117m)
(Posted: May 1st 2017)
Support:
Exception to support order; assessment of earning capacity based on job opportunities or actual income; suspension of spousal support for adultery
(fowler042817a)
(Posted: May 1st 2017)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court; retroactive application of Alleyne case
(Haught050117bt)
(Posted: May 1st 2017)
Criminal:
Appeal; timeliness of post sentence motion; timeliness of appeal; reimbursement for pants of adult probation officer; Crime Victims Act Supervisory Fund; damage by defendant while probation officer detaining defendant
(Confer050117bt)
(Posted: May 1st 2017)
Criminal:
Post conviction relief act petition; timeliness; mens rea to be adjudicated guilty for failure to register; definition of knowingly; defense of intervening stressful life issues
(Geiger050117bt)
(Posted: May 1st 2017)
Civil:
Petition to strike or open judgment; service by registered mail; requirement of restricted delivery; identification of individual signing for the mail; requirements for the return of service
(eurooptics050117-2a)
(Posted: May 1st 2017)
Criminal:
Appeal; mens rea requirement for conviction of possession of a firearm with altered manufacturer's number; possession alone sufficient
(wylie042717a)
(Posted: April 27th 2017)
Criminal:
Motion of Adult Probation Office to include conditions of supervision related to sexual offenses, for retail theft conviction; conditions reasonably related to rehabilitation; nexus between defendant's crime and proposed restrictions
(dishong042717L)
(Posted: April 27th 2017)
Criminal:
Request of Adult Probation Office to include conditions of supervision related to sexual offenses, for simple assault conviction; conditions reasonably related to rehabilitation; nexus between defendant's crime and proposed restrictions.
(Pepperman042717L)
(Posted: April 27th 2017)
Criminal:
Motion to withdraw nolo contendere plea; fair and just reason; sufficiency of mere assertion of innocence to warrant second plea withdrawal
(Wodrig041317bt)
(Posted: April 26th 2017)
Criminal:
Motion to dismiss; rule 600 speedy trial requirements; due diligence of Commonwealth
(Pinkney041917bt)
(Posted: April 22nd 2017)
Civil:
Summary judgment motion; slip and fall; sidewalk exception to governmental immunity; defect or dangerous condition of the sidewalk; speculative testimony
(Grady042017a)
(Posted: April 22nd 2017)
Criminal:
Motion to dismiss; timeliness; appearance of new counsel; lack of prejudice; dismissal motion characterized as motion in limine; waiver of preliminary hearing as waiver of ability to challenge the sufficiency of the evidence in habeas corpus motion
(Kennedy042117L)
(Posted: April 22nd 2017)
Criminal:
Appeal; sentencing discretion; unduly harsh and manifestly excessive sentence following violation of probation; consideration of mental health issues; substance abuse; failure to take advantage of treatment options offered
(marchese042117L)
(Posted: April 22nd 2017)
Civil:
Motion in limine; motor vehicle accident; admissibility of point of impact testimony by non-experts; reliance on physical evidence at the scene of accident; eye-witness account of the point of impact; admissibility of criminal convictions that do not involve dishonesty or false statements
(maxson041117g)
(Posted: April 22nd 2017)
Criminal:
Habeas corpus petition; probable cause for vehicle stop; flashing high beams once for a second while within 100 feet of troopers' oncoming vehicle; objective belief that violation of the Vehicle Code occurred
(Kostishak041817L)
(Posted: April 18th 2017)
Criminal:
Suppression motion; probable cause to stop vehicle; observation of Vehicle Code violation
(kostishak041317L)
(Posted: April 14th 2017)
Criminal:
Severance motion; sexual assault crimes against two victims; common plan, scheme or design; lack of similarity of offenses; undue prejudice
(vassallo041217L)
(Posted: April 12th 2017)
Criminal:
Suppression motion; reasonable suspicion for vehicle stop; observation of apparent drug transactions at location identified by known informant; automobile exception to the warrant requirement where there is probable cause to search
(Hartsfield041117bt)
(Posted: April 11th 2017)
Criminal:
Suppression motion; probable cause to search stopped vehicle; odor of marijuana; probable cause to obtain warrant to search cell phone based on totality of circumstances of drug dealing
(mclaurin041117L)
(Posted: April 11th 2017)
Criminal:
Petition for writ of coram nobis treated as seventh petition for post conviction relief; timeliness
(Knight041017bt)
(Posted: April 10th 2017)
Criminal:
Appeal; admissibility of photographs of victim's injuries and of crime scene; photographs inflammatory, or relevant, probative and not misleading; sufficiency of evidence as to intent to cause serious bodily injury; request for continuance/mistrial due to unavailability of his witness who came under investigation for witness intimidation related to all three prosecution witnesses; likely cumulative evidence; no specific proffer as to how testimony would have advanced defense
(coleman040517g)
(Posted: April 8th 2017)
Criminal:
Habeas corpus petition; waiver of preliminary hearing causing loss of right to object to sufficiency of Commonwealth's evidence; suppression motion; unannounced home visit of probationer's home by probation officers; drug contraband in plain view; probable cause to search
(Rogers033117bt)
(Posted: April 6th 2017)
Wills and Estates:
Appeal; credibility of testimony regarding verba in praesenti, to establish common law marriage
(Smith032917bt)
(Posted: April 5th 2017)
Criminal:
Suppression motions; standing to object to search of wife's cell phone where wife copied sexually explicit video from defendant's phone to her phone; defendant's reasonable expectation of privacy in his wife's phone; consensual review of phone without warrant; vicarious assertion of constitutional rights of another person
(Best040517L)
(Posted: April 5th 2017)
Criminal:
Suppression motion; warrantless search of home without seizure of evidence; seizure of rifle stored in plain view outside of the house, after complaint that defendant was threatening to use it against a person
(Coffey040517L)
(Posted: April 5th 2017)
Criminal:
Suppression motion; search of cell phone; standing; voluntary abandonment; disavowal of a possessory interest; reasonable expectation of privacy
(Johnson033117bt)
(Posted: April 1st 2017)
Criminal:
Habeas corpus petition; prima facie case of criminal homicide; receiving stolen property tampering with evidence and robbery
(Frierson033117bt)
(Posted: April 1st 2017)
Criminal:
Post sentence motion; amending criminal information to add additional theft offense with similar elements; prejudice; admissibility of defendant's statements to police; corpus delecti rule; admissibility of text messages; authentication by circumstantial evidence; hearsay objection where text messages not offered for the truth of the matters asserted; sufficiency and weight of the evidence; grading of offense in light of testimony at trial; excessive sentence; theft among drug dealers
(Tubbs032217a)
(Posted: March 25th 2017)
Civil:
Summary judgment motion; slip and fall case; hills and ridges doctrine; issues of fact; defective property condition; constructive notice that defect existed for such a period of time that it could have been discovered
(Holtzapple031517g)
(Posted: March 21st 2017)
Criminal:
Post-conviction relief act petition; claim of ineffective assistance of counsel; claim lacking arguable merit; failure to call character witnesses; relevance of evidence of defendant's reputation for truthfulness or honesty; evidence of reputation for being nonviolent; subjecting witnesses to cross-examination about specific incidents of violent conduct; reasonable basis for not calling character witnesses; prejudice; opening the door to unfavorable rebuttal evidence; strategic basis for use of evidence
(Kemp031717L)
(Posted: March 17th 2017)
Divorce:
Contempt petition; validity of attempt by court to order alimony before entry of divorce decree; clear and unambiguous contract provision; payments made to spouse during the course of separation, and prior to award of APL
(Purcell031517m)
(Posted: March 17th 2017)
Criminal:
Appeal
(Garcia031717bt)
(Posted: March 17th 2017)
Civil:
Non-jury trial; property damage claims due to trespassing guinea hens; counter-claim for water drainage damage
(Scott030917)
(Posted: March 15th 2017)
Criminal:
Post-sentence motion; scratching prison guard; sufficiency and weight of evidence; proof of bodily injury; excessive sentence; affect on class of persons intended to be protected by statute; lack of remorse
(Poole031317a)
(Posted: March 13th 2017)
Sacor Financial, Inc.Successor in interest to Wells Fargo Bank vs. Miller
3.13.2017
Dudley N. Anderson
Civil:
Non-jury trial; collection of loan debt; statute of limitations; choice of law; acknowledgement doctrine; clear, distinct and unequivocal acknowledgement of the debt
(Sacor031317a)
(Posted: March 13th 2017)
Civil:
Motion for judgment on the pleadings; contract claim; oral agreement to pay son's rent; statute of frauds; “leading object" or "main purpose" rule, pecuniary or business purpose or benefit
(chituc030217g)
(Posted: March 6th 2017)
McMullin vs. Genesis Healthcare, Inc; 1201 Rural Avenue Operations LLC; Genesis Healthcare, LLC
2.28.2017
Richard A. Gray
Civil:
Preliminary objections; validity and enforceability of an arbitration agreement; authority of husband to act as agent; unconscionability; specificity of complaint; sufficiency of allegations to support punitive damage claim; negligence per se for violation of Neglect of a Care-Dependent Person Statute; scandalous and impertinent allegations
(McMullen022817g)
(Posted: March 6th 2017)
Criminal:
Motion to admit certain statements pursuant to Tender Years Act; hearsay statements made to mother and forensic interviewer; indicia of reliability; motive to fabricate
(pittenger030617L)
(Posted: March 6th 2017)
Criminal:
Petition for expungement of summary charges; factors to consider; recidivist offense; right to be free from harm attendant to the maintenance of a traffic_x000d_
summary record; otherwise clean record; impact on employment
(CMG070512L)
(Posted: March 5th 2017)
Divorce:
Motion to enforce settlement and exclusive possession; contract law; agreement for division of property drafted prior to filing of divorce, that was intended to be binding and was partially implemented; waiver of rights to alimony and support, issues that were not addressed in pre-divorce agreement
(jp040915m)
(Posted: March 5th 2017)
Custody:
Preliminary objections; jurisdiction; child never present in Lycoming County
(jp032116m)
(Posted: March 5th 2017)
Wills and Estates:
Objections to first and final accounting; reasonableness of attorney fees and executor's commission; prima facie fairness of 3% executor fee; ethics of early distribution to executor, reducing interest to the estate, where amount of interest is negligible; compliance of executor with the new Orphan's Court rules
(Dewalt030217bt)
(Posted: March 2nd 2017)
Criminal:
Post-conviction relief act petition; jurisdiction of the court; timeliness
(Koch022817bt)
(Posted: March 1st 2017)
Adoption:
Appeal; timeliness; simultaneous filing of rule 1925 statement in Children's Fast Track appeals
(AdoptionofJHandSM022717m)
(Posted: February 28th 2017)
Criminal:
Appeal; service of order; timing of appeal
(Mitchell022417bt)
(Posted: February 25th 2017)
Wills and Estates:
Appeal from register of wills' grant of letters of administration; abuse of discretion standard of review; cause shown to grant letters to one intestate heir over another who has threatened to destroy the property to which he would be a fiduciary of if granted letters
(Lapp022117bt)
(Posted: February 21st 2017)
Criminal:
Defense motion to admit evidence of victim's past sexual behavior; inappropriate use of a computer as evidence of past sexual behavior; motion in limine to preclude Commonwealth expert testimony concerning victim responses to sexual assaults; statutory authority for expert testimony; duty to provide exculpatory evidence extending to Commonwealth duty to find such evidence; privilege for confidential communications to psychiatrists or psychologists
(Parker020817bt)
(Posted: February 17th 2017)
Criminal:
Appeal before sentencing; premature appeal; failure to file a concise statement pursuant to Pa. R.A.P. 1925
(Nottingham021517g)
(Posted: February 17th 2017)
Criminal:
Suppression motion; confession of 16 year old juvenile after questioning of principal in his office with police officer present; no Miranda warning given; consideration of attending facts and circumstances
(InreSJ021317g)
(Posted: February 17th 2017)
Criminal:
Commonwealth motion to apply non contraband or derivative contraband funds to costs and fines; motion granted without hearing; jurisdiction to reconsider due to expiration of 30 days; inherent authority of court to correct patent and obvious errors; denial of due process of law; court authority to revise defendant's installment payment schedule; consideration of defendant's financial means
(Grady021317L)
(Posted: February 13th 2017)
Criminal:
Post-sentence motion; non-jury trial; sufficiency of evidence of altered firearm charge; obvious attempt to alter a serial number by abrasion; consecutive sentences for possession of a firearm with altered manufacturer's number and firearms not to be carried without a license
(wylie020817a)
(Posted: February 10th 2017)
Criminal:
Post sentence motions; failure of Commonwealth to produce discovery; no discovery violation where no request made; prejudice to the degree that it affected trial strategy or likely affected outcome of proceedings; claimed inflammatory photographs that were the essence of the case; after-discovered evidence relating to the involvement of Commonwealth's investigator in "Porngate" scandal
(Rudinski020917bt)
(Posted: February 9th 2017)
Adoption:
Petition for involuntary termination of parental rights of father; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; father in arrears on child support obligation; failure to appear at hearing; bond existing between child and parent; adoption by mothers paramour
(AdoptionofMMS020717m)
(Posted: February 8th 2017)
Adoption:
Petition for involuntary termination of parental rights of biological and legal fathers; parent evidencing settled purpose of relinquishing parental claim to a child or refusing or failing to perform parental duties; failure to appear at hearing; bond existing between child and parent.
(AdoptionofMD020617m)
(Posted: February 7th 2017)
Criminal:
Appeal of murder conviction; compliance with procedure to obtain out-of-state records by subpoena; HIPAA applicability in criminal case; law enforcement exception; evidence of flight and conduct during apprehension relevant to the charge flight to avoid apprehension, trial or punishment and to show consciousness of guilt; appropriateness of suppression for HIPAA violation; exclusion of defense expert testimony not sufficiently definite and not meeting expert testimony standard; expert discussion of conceivability or possibility; admissibility of remote evidence of the victim's prior convictions for aggression; awareness of defendant of victim's previous aggressive behavior; evidence of alcohol or drug consumption by victim without testimony that the amount in the victim's system caused intoxication; court's discretion in admitting evidence claimed to be prejudicial; admissibility of prison recordings that were relevant and showed consciousness of guilt; hearsay testimony; admissibility of rebuttal exhibits; proposed non-specific testimony in sur rebuttal that it is not uncommon for witnesses to be uncooperative; applicability of heat of passion voluntary manslaughter jury instruction in self-defense case; weight of the evidence of first decree murder; insufficient evidence to prove specific intent to kill or malice; inference from the use of a deadly weapon on a vital organ; Commonwealth disproving self-defense beyond a reasonable doubt; use of deadly force where weapon illegally possessed; duty to retreat; verdict based on speculation
(Williams020617L)
(Posted: February 6th 2017)
Administrative Appeal:
Preliminary objections to amended affidavit of defense and counterclaim; municipal lien claim for overdue sewer rental payments; due process protections to require payment of bills incurred by previous owner; property purchased at tax sale; failure to make inquiry of utility providers; equal protection argument where happenstance creates two classes of payers and not the municipality
(westbranchregionalauthority020617a)
(Posted: February 6th 2017)
Civil:
Landlord tenant proceeding; request for order of possession; request for enforcement of alleged agreement of sale of property; Statute of Frauds; unsigned agreement of sale; evidence of an authentication; part performance
(supple020317a)
(Posted: February 3rd 2017)
Criminal:
Petition for writ of habeas corpus ad subjiciendum; court's jurisdiction over any challenges to parole revocation/recalculation; decisions; exhaustion of remedies; statutory power of board to extend maximum sentence date based upon recommitment for parole violation
(Deeks02022017L)
(Posted: February 2nd 2017)
Criminal:
Post conviction relief act petition; ineffective counsel as to guilty plea advice; different Judge accepting plea and sentence knowing, voluntary and intelligent plea; waiver of guilty plea coercion claim
(Brown013117bt)
(Posted: February 2nd 2017)
Support:
Exceptions to child support; assessment of full-time job capacity; need to support claim of medical condition affecting ability to work with medical evidence; need to show a change of circumstances for petition to reopen support
(sls013117a)
(Posted: February 1st 2017)
Twigg vs Susquehanna Supply Company and Susquehanna Supply & Construction Company
1.27.2017
Richard A. Gray
Civil:
Appeal; employment contract claim; statute of limitations issue; date of breach; continuing contract for employment
(twigg012717g)
(Posted: February 1st 2017)
Civil:
Preliminary objections; sexual harassment and retaliation claim; failure to name individual defendant in EEOC claim; individual named in the body of the charge, notice of charge; individual liability of supervisor for termination by company; unemployment compensation decision as res judicata
(Phillips020117a)
(Posted: February 1st 2017)
Criminal:
Post-sentence motion; admissibility of defendant's statement of willingness to plead guilty to uncle as evidence of consciousness of guilt; waiver of objections; sentencing discretion; concurrent or consecutive sentences; excessive sentence; sentencing factors; boilerplate claim of insufficiency of the evidence
(Spencer013017L)
(Posted: January 31st 2017)
Criminal:
Petition for writ of habeas corpus ad subjiciendum treated as post conviction relief act petition; timeliness
(Fudge013017a)
(Posted: January 31st 2017)
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