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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Gilbert vs. UPMC Williamsport, Williamsport Hospital , Susquehanna Health System and Geisinger Medical Center vs. Lamade, Basinda and Byler
9.16.2024
Eric R. Linhardt
Civil:
Preliminary objections to joinder complaint; timeliness; ability of additional defendants to complain about reasonable justification for their late joinder; consent of the parties to late joinder and approval of the court; statutory construction; prejudice where discovery has not concluded and the statute of limitations as not run; sufficient specificity of joinder complaint that incorporates allegations of complaint
(Gilbert091624Li)
(Posted: September 17th 2024)
Kieser vs. Beyer, UPMC Muncy, Emergency Care Services of Pa., Team Health Holdings, Inc., Bresticker and Family Practice Center, PC
9.11.2024
Eric R. Linhardt
Civil:
Plaintiff's preliminary objections to new matter; specificity of attribution of negligence to another person or entity; need to plead facts supporting new matter defenses
(kieser091124Li)
(Posted: September 11th 2024)
Criminal:
Appeal of habeas corpus petition dismissal; timeliness of appeal; preservation of issues; waiver; timeliness of objection to sexually violent predator designation filed 16 years after sentence; timeliness of post conviction relief act petition; exceptions to time requirements; waiver for failure to first raise issue on direct appeal; failure of claims on the merits; criteria for finding of sexually violent predator
(Fields090924bt)
(Posted: September 11th 2024)
Civil:
Summary judgment motion; contract interpretation; questions of fact as to whether provisions of the original contract survived due to incorporation clauses in addendums, where the provisions were not consistently followed; viability of equitable recoupment claim
(Engel091124C)
(Posted: September 11th 2024)
Criminal:
Appeal; classification as sexually violent predator; burden of proof; assessment of expert testimony on meeting statutory criteria
(Stowe081624t.)
(Posted: August 27th 2024)
Custody:
Preliminary objections to custody complaint; standing of transgender person who claims in loco parentis status; parties acting as family unit, acting as parents and discharging parental obligations
(Steppe082024GR)
(Posted: August 27th 2024)
Wills and Estates:
Motion for counsel fees; arbitrary, vexatious or bad faith conduct supporting an award of counsel fees; mere lack of adequate evidentiary support for claims asserted
(Girio082624C)
(Posted: August 26th 2024)
Wills and Estates:
Objections to first and final account; expenses to maintain real property that executrix delayed selling; overestimation of property value for tax purposes; reasonableness of attorney and executor fees; use of sliding scale to justify attorney's fees where fees were not based on actual services provided; sufficiency of justification for executor's fees, for ministerial work or work necessitated due to her own delay; sufficiency of evidence of value of property, at time of death
(Nichols082324C)
(Posted: August 23rd 2024)
Criminal:
Habeas corpus petition; prima facie case of assault-physical menace; terroristic threats and disorderly conduct where defendant aggressively and angrily exited his residence, walked across a porch and stared directly at a Children & Youth worker while holding a gun; inferences supporting charges
(Riley082024bt)
(Posted: August 21st 2024)
Criminal:
Motion to recuse Lycoming County District Attorney office; evidence of personal relationship of District Attorney candidate to murder victim and his pre-election involvement with the case; criteria for recusal of entire office where District Attorney must recuse himself; existence of actual conflict of interest; preclusion of recused attorney from access to file or decision-making process
(Michaels081924t.)
(Posted: August 19th 2024)
Civil:
Summary judgment motion; ejectment of deceased's companion from estate owned real estate; claimed common law marriage; evidence of present intent to marry; duty to pay rent to estate for occupancy prior to ejectment
(Girio081524C)
(Posted: August 16th 2024)
Kramer vs. Muccy Township Zoning Hearing Board; Solar Renewable Energy, LLC vs. Muncy Township Zoning Hearing Board
8.13.2024
William P. Carlucci
Administrative Appeal:
Appeal of deemed approval of special exception for construction of Principle Solar Energy System; de novo hearing; meeting noise requirements of ordinance; enforcement of noise requirements after construction; timing of submission of contingency plan of emergency procedures; calculating impervious coverage; burden of proving that any glare produced does not have significant adverse impact on neighbors
(Kramer081324C)
(Posted: August 14th 2024)
Criminal:
Suppression motion; probable cause for search warrant; sufficiency of affidavit to establish nexus between drug dealing activities and a storage unit to justify issuance of search warrant; reliability of information from a confidential informant
(Bentley081224bt)
(Posted: August 14th 2024)
Criminal:
Motion for bail under rule 600; calculation of excludable time
(Nicholas081224bt)
(Posted: August 14th 2024)
Civil:
Non-jury trial in quiet title action; creation of prescriptive easement; irrevocable license; reliance
(Paucke081224C)
(Posted: August 12th 2024)
Civil:
Summary judgment motion; duty of defendant to act to prevent injury; record before the court; expert support for claim of negligence; lack of genuine issues of material fact
(Miller080524C)
(Posted: August 5th 2024)
Criminal:
Motion to enforce plea agreement; right to specific performance of an 'executory' agreement; objection of victim to verbal plea offer; detrimental reliance; no meeting of the minds
(George062824t)
(Posted: August 5th 2024)
Cooper/Youmans vs Pa Parole Board, Nicholas, Miller, Oliver, Fritz, Lee, Mayo and Carpenter
7.22.2024
Nancy L. Butts
Criminal:
Appeal of denial of habeas corpus petition; mootness; jurisdiction; credit for "dead time"; credit for time served; use of habeas corpus as a substitute for appellate review; applicability of deadlines for holding a preliminary violation hearing; timeliness of court decision
(Cooper072224bt)
(Posted: August 5th 2024)
Criminal:
Motion to amend information; timeliness of motion; prejudice; need for a second preliminary hearing
(Sanchez-Garcia080224C)
(Posted: August 2nd 2024)
Civil:
Summary judgment motion; time for filing motion; applicability of hills and ridges doctrine to slip and fall on covered porch
(johnson070824Li)
(Posted: July 23rd 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of cause of death in drug delivery involving death case; suppression motion; sufficiency of information of commission of a crime to establish probable cause for search warrant; motion in iimine to preclude evidence of crimes committed after the current offense; admissibility of use of same cell number to set up drug deals in subsequent case to show identity and a common scheme of dealing drugs
(Brown072324t)
(Posted: July 23rd 2024)
Criminal:
Suppression motion; reasonable suspicion for contact; mere encounter during which smell of marijuana was noted; consent for search
(Caraway072224t)
(Posted: July 22nd 2024)
Civil:
Suppression motion; reasonable suspicion to make vehicle stop; circumstances of identification and location of speeding vehicle prior to stop
(Gresh072224t)
(Posted: July 22nd 2024)
Criminal:
Suppression motion; probable cause to issue search warrant; totality of circumstances; nexus of criminal activity to place to be searched; triggering event necessary to activate anticipatory warrant; demonstrably false statements in affidavit of probable cause; habeas corpus petition; prima facie evidence of intent to deliver drugs; circumstantial evidence of possession
(Johnson071224bt)
(Posted: July 22nd 2024)
Criminal:
Habeas corpus petition; prima facie case of drug distribution where defendant identified by information from confidential informant and other supporting evidence; inferences concerning use of cell phone by defendant who was involved in drug transactions; disclosure of use of confidential informant
(Drummond071924t)
(Posted: July 19th 2024)
Criminal:
Motion to decertify to juvenile court; weight of factors to be considered; best interest of both defendant and public to obtain treatment and services in the juvenile system; lack of issues after reduction of bail and release; severity of crimes; sufficiency of time for treatment in juvenile system; availability of treatment in criminal system and higher chances of recidivism
(Witherspoon071724t)
(Posted: July 18th 2024)
Criminal:
Motion in limine; admissibility of evidence of other crimes; factors for consideration; admissibility of GPS evidence from defendant's electronic monitoring device; qualifications of account manager to give expert testimony regarding his company's electronic monitoring equipment; specialized knowledge beyond that possessed by an average layperson
(Giddings071124bt)
(Posted: July 12th 2024)
Criminal:
Motion for nolle presequi; refusal of witness to testify; intervention by party against whom defendant has claimed criminal conduct; factors to be considered by court in allowing nolle prosequi; discretion of Commonwealth's attorney; obligation of court to consider intervenor's position
(Thompson071124bt)
(Posted: July 12th 2024)
Criminal:
Appeal; timeliness of filing; habeas corpus petition treated as petition for post trial relief; availability of habeas relief for a convicted individual
(Norby-Vardac070224bt)
(Posted: July 9th 2024)
Criminal:
Appeal; failure to file rule 1925(b)(4) statement; waiver of issues
(Rawls070224bt)
(Posted: July 9th 2024)
Wills and Estates:
Petition to revoke spousal election; common law marriage; present intent to marry
(Girio070824C)
(Posted: July 9th 2024)
Civil:
Petition to allow alternative service on father in Panama, after mother and child immigrate to Lycoming County; compliance with the Rules of Civil Procedure for service outside the Commonwealth
(bastardo062824Ga)
(Posted: July 3rd 2024)
Adoption:
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; duty of parent to show interest in the child and a genuine effort to maintain communication and association with the child; existence of bond
(mwt062824G)
(Posted: July 3rd 2024)
Civil:
Motion in limine; lay witness testimony on causation of collapse of porch railing; testimony based on sufficient personal experience or specialized knowledge of the witness
(Rocky070224C)
(Posted: July 3rd 2024)
Criminal:
Suppression motion in juvenile matter; search of backpack handed off to another person; standing to object to search of abandoned property
(InreJW062524t)
(Posted: June 30th 2024)
Criminal:
Motion to dismiss; specificity of criminal information; request for bill of particulars as potential remedy; excessive and prejudicial delay between incident and arrest; prosecution after 25 years with no new evidence and no ongoing investigation; habeas corpus petition addressing the specificity of the details of the criminal conduct; sufficiency of evidence of kissing minor on lips to establish prima facie case of indecent assault; motion to preclude reference to "victim" at time of trial; discovery of Children & Youth records; in camera review
(Garison062524t)
(Posted: June 30th 2024)
Criminal:
Suppression motion; custodial detention requiring Miranda warnings; reasonable suspicion to justify K9 search of vehicle where defendant was stopped for alleged traffic violations and there was no evidence of criminal activity related to drugs
(Eigenbrod062524Bt)
(Posted: June 30th 2024)
Criminal:
Habeas corpus petition; prima facie evidence of delivery of a controlled substance; need for proof that defendant knew that a pill given to another contained fentanyl, where there was no evidence surrounding the circumstances of delivery
(Cooper062624bt)
(Posted: June 30th 2024)
Criminal:
Suppression motion; necessity to obtain consent for taped conversations between police officer and confidential informant, under the Wiretap Act; strict construction; reasonable expectation of privacy in common area outside of home; specificity of description of property to be searched in search warrant
(Carter062624bt)
(Posted: June 30th 2024)
Civil:
Motion in limine; testimony of fact witnesses in the case in chief regarding their favorable opinion of other work performed by defendants; inadmissible character evidence; premature effort to bolster their own credibility
(Stackhouse062824C)
(Posted: June 30th 2024)
Administrative Appeal:
Firearms license revocation appeal; revocation of license for "good cause" under 18 Pa. C.S. § 6109(e)(1) where appellant was subject to warrants and arrests; right to bear arms guaranteed under the Second Amendment to the Constitution; generalized concerns about public safety where warrants related to traffic or summary violations and not crimes of violence
(williams061724Li)
(Posted: June 25th 2024)
Civil:
Summary judgment motion; genuine issues of material fact as to the duty of a party; acts constituting assumption of a duty
(Miller061824C)
(Posted: June 25th 2024)
O'Shea vs. Loyalsock Rehab Center, LLC, Aristacare Health Services, Embassy Loyalsock, LLC and Embassy Healthcare
6.24.2024
William P. Carlucci
Civil:
Preliminary objections; sufficiency of allegations to support punitive damages demand in nursing home malpractice case; lack of factual allegations supporting alleged statutory violations or violations of other listed duties; liability of a corporate employee for his own torts even if acting in the course of his employment; pleading increasing revenue as motivation and fraudulent documentation, without factual basis as "scandalous or impertinent matter"
(O'Shea062424C)
(Posted: June 25th 2024)
Criminal:
Suppression motion; probable cause for issuance of search warrant; totality of circumstances and reasonable inferences which can be drawn therefrom viewed in a common-sense manner; stale information; credibility or reliability of confidential informant where conversations recorded
(Easter061424bt)
(Posted: June 25th 2024)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Boone062024bt)
(Posted: June 25th 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of escape where defendant refused order to stop after being told that he was not free to leave, so that he could be arrested on a loitering charge; prima facie case of evading arrest or detention on foot where defendant flees on motorized scooter
(Benson061124bt)
(Posted: June 13th 2024)
Criminal:
Motion in limine; admissibility of victim's criminal charges to prove bias or expectation of leniency for witness's testimony for the Commonwealth; relevance of details of specific crimes charged and prejudice related to the nature of the crimes; admissibility of jail communications including evidence of truthfulness in conversations or regarding sexual promiscuity or regarding interaction with defendant; evidence used for impeachment; relevance of evidence of furnishing alcohol where those charges were dismissed; evidence that confuses charges and is prejudicial
(Freed060724bt)
(Posted: June 12th 2024)
Criminal:
Appeal of denial of post conviction relief act petition; jurisdiction of the court; timeliness of petition
(Sabur060624bt)
(Posted: June 12th 2024)
Criminal:
Motion to dismiss for violation of rule 600; calculation of excludable time
(Creighton043024bt)
(Posted: June 5th 2024)
Criminal:
Competency determination of rape defendant; conflicting testimony of experts on whether defendant has the requisite capacity to understand the factual nature of his criminal proceedings and his ability to assist in his defense; burden of proof
(Rulh043024t)
(Posted: June 5th 2024)
Criminal:
Defendant's motion to enforce plea agreement; cooperation with prosecution of co-defendant in return for "a plea agreement which would consider all the help and cooperation defendant was providing", authority of court to direct district attorney to negotiate in good faith; no meeting of minds on terms of agreement
(Strayer060324t)
(Posted: June 5th 2024)
Criminal:
Habeas corpus petition; prima facie case of robbery and kidnapping where victim is forced by defendant to travel with him to an ATM to withdraw money to which defendant was not entitled
(Nicholas060424bt)
(Posted: June 5th 2024)
Criminal:
Habeas corpus petition; sufficiency of circumstantial evidence to prove drug delivery resulting in death; suppression motion; probable cause for warrant to search cell phone based on evidence that phones were involved in commission of a crime
(edwards060424bt)
(Posted: June 5th 2024)
Criminal:
Post sentence motion; admissibility of prior bad acts evidence including voicemails that show motive, intent and hostility toward victim and became part of the history of the case and form part of the natural development of facts; sufficiency of evidence of risking a catastrophe where defendant crashes a vehicle into an occupied museum entranceway on a busy weekend; crashing a vehicle through the front doors of a museum constitutes criminal trespass; threatening statements made by defendant upon crashing the vehicle into the lobby of a museum sufficiently prove elements of terroristic threats; weight of the evidence; convictions not to shock one's sense of justice; sentencing discretion; consideration of untreated alcohol problem along with other factors in sentencing
(salazar052124Li.pdf)
(Posted: June 5th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; 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; existence of bond between child and parent that is worth saving
(AdoptionAS052424t)
(Posted: June 4th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; 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; existence of bond between child and parent that is worth saving
(AdoptionKR052424t)
(Posted: June 4th 2024)
Civil:
Sanctions motion related to prejudicial questioning of witness, that resulted in a mistrial of an ongoing civil trial; claimed vexatious and obdurate conduct; no finding of intentional or bad faith conduct
(denny053024Li)
(Posted: June 3rd 2024)
Administrative Appeal:
Land use appeal; standard and scope of review; legality of conditions imposed on grant of permit; off-site transportation or road improvements; conditions that fail to be supported by substantial evidence in the record
(Montgomery060324C)
(Posted: June 3rd 2024)
Administrative Appeal:
Appeal from determination of the Pennsylvania Office of Open Records; duty of district attorney to produce criminal investigation material or to perform legal research under The Right to Know Law
(Nottingham053124C.pdf)
(Posted: June 3rd 2024)
Criminal:
Habeas corpus petition; evidence that defendant fired 5 rounds into an occupied car as establishing prima facie case of attempted homicide, aggravated assault, simple assault, reckless endangerment and related charges; probable cause for search warrants of home and Snapchat account, established in the affidavit of probable cause
(watts051724bt)
(Posted: May 23rd 2024)
Civil:
Motion for disqualification, recusal and to vacate; basis for disqualification under Code of Judicial Conduct; legal for factual basis for recusal; appearance of impropriety; reconsideration of previously issued order
(Woodlands051524C)
(Posted: May 15th 2024)
Civil:
Preliminary objections; improper use of the word "illegal" in a complaint; references in complaint to defendant's consumption of alcohol; amending complaint to assert facts that support allegations of reckless conduct, violations of state law and a demand for punitive damages
(Vollmer051524C)
(Posted: May 15th 2024)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; ineffectiveness of counsel for failing to enforce plea agreement allegedly between defendant and victim; failure of proof
(Jones051424bt.pdf)
(Posted: May 15th 2024)
Civil:
Preliminary objections; specificity of complaint; amendment to state facts that support the claim
(Staib051524C.pdf)
(Posted: May 15th 2024)
Criminal:
Suppression motion; detention on a warrant allowing search incident to arrest; habeas corpus petition; prima facie case of possession with intent to deliver drugs where defendant possessed a large quantity of drugs and scale
(drummond051024t)
(Posted: May 13th 2024)
Criminal:
Suppression motion; sufficiency of search warrant to establish probable cause; observation of marijuana plants in garden; waiver of arguments not raised in motion; reasonableness of waiting 8 days after observing marijuana plants to apply for warrant
(snyder050724t)
(Posted: May 10th 2024)
Criminal:
Appeal; exclusion of potentially exculpatory evidence; relevancy of evidence of accusations of sexual abuse by victim's father, who is not a defendant in the present prosecution; admissibility of bail release officer's testimony concerning efforts to avoid trial and hide whereabouts; sentencing discretion; sentencing factors for consideration; sufficiency of evidence of involuntary deviate sexual intercourse
(mcdaniel050724t)
(Posted: May 10th 2024)
Civil:
Petition to enforce settlement; applicability of ordinary contract principals; agreement to transfer property where partnership agreement prohibits transfer
(Flick050624C)
(Posted: May 7th 2024)
Criminal:
Appeal; sentencing discretion; allegation of excessiveness due to imposition of consecutive sentences; consideration of age and health factors in imposing sentence; deterrent effect of sentence; imposition of illegal condition of parole restricting contact with children born of criminal relationship; condition to be viewed as recommendation to parole board
(sandy050224bt)
(Posted: May 5th 2024)
Criminal:
Commonwealth appeal of grant of post conviction relief act petition; lack of notice of defendant of mandatory minimum sentence
(Strouse041524bt)
(Posted: April 30th 2024)
Criminal:
Appeal; police testimony about signs of deception in police interview usurping the function of the jury; sufficiency of evidence to establish distribution of child pornography where defendant sent the images to himself; proof that defendant kept images for purpose of distributing the images; police testimony along with common experience of recognizing signs of puberty providing sufficient evidence for enhancement of offense; harmless error where jury allowed to determine if images depicted indecent contact; sentencing discretion; merger of counts for sentencing; calculation of prior record score
(Fraunfelter040824t)
(Posted: April 30th 2024)
Criminal:
Suppression motion; probable cause for search warrant, based on information from confidential informant; reasonableness of search; claimed violation of "knock and announce rule" for not waiting more than 10 seconds before entering home; totality of circumstances; return of seized money associated with drug sales
(Langley042324t)
(Posted: April 30th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; moderate compliance with the permanency plan; difficulty
maintaining stable employment and housing; unresolved mental health and anger issues; existence of bond between child and parent that is worth saving
(AdoptionID032824t)
(Posted: April 6th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; inability to care for child due to drug use, incarceration and lack of housing; minimal compliance with the permanency plan; existence of bond between child and parent; failure of mother to take steps necessary to accomplish reunification within a reasonable amount of time
(AdoptionJG032724t)
(Posted: April 6th 2024)
Criminal:
Appeal; sentencing discretion; unduly harsh sentence; sentencing considerations; waiver of issues by failure to request transcripts
(Poust040324t)
(Posted: April 6th 2024)
Criminal:
Appeal of constitutionality of the wiretap law, after pleading nolo contendere to charges; failure to file pre-trial motions; waiver of issues
(Bradley040324t)
(Posted: April 6th 2024)
Criminal:
Post conviction relief act petition; voluntary, knowing, and intelligent guilty plea; comprehensive guilty plea colloquy; prejudice due to failure of attorney to notify court of investigation cooperation, where there is a negotiated plea agreement
(Barkholz040424bt)
(Posted: April 6th 2024)
Criminal:
Appeal; sufficiency of evidence to support conviction for possession with intent to deliver; police officer testimony establishing that the volume of drugs was consistent with intending to deliver
(Ellman032724bt)
(Posted: March 30th 2024)
Bollinger and Bollinger Solar, LLC vs. Wolf Township Board of Supervisors
3.27.2024
William P. Carlucci
Administrative Appeal:
Land use appeal; Statutory time limit for appeal board written decision; determination of when record of proceeding closed; deemed approval for failure to meet decision deadline
(Bollinger032724C)
(Posted: March 27th 2024)
Civil:
Motion to compel deposition; communications subject to attorney client privilege; authority of attorney to waive privilege; privilege applying to email confirming terms of property settlement agreement
(Lundy032624C)
(Posted: March 26th 2024)
Criminal:
Appeal by Commonwealth of denial of motion to consolidate charges; discretion of court; timeliness; lack of prejudice as justification for violation of time limit; compulsory joinder of claims; failure of party to brief or argue issue; waiver
(Robinson032524bt)
(Posted: March 25th 2024)
Civil:
Motion to stay arbitration; applicability of Revised Statutory Arbitration Act; enforceability of arbitration agreement; law favoring arbitration; unconscionable agreement; addressing concerns of bias in arbitrator selection process
(Griffin032524C)
(Posted: March 25th 2024)
Criminal:
Appeal of denial of untimely post conviction relief act petition; jurisdiction of the court
(Nottingham030124bt2)
(Posted: March 22nd 2024)
Criminal:
Appeal;timeliness of post conviction relief act petition; jurisdiction of court
(Nottingham030124bt1)
(Posted: March 22nd 2024)
Criminal:
Appeal
(bird022924bt)
(Posted: March 22nd 2024)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel which so undermined the truth-determining process that no reliable adjudication of guilt or innocence could have taken place; presumption that counsel has rendered effective assistance; counsel's strategy and tactics; harmless error where counsel fails to cross-examine witness about issues already raised in direct examination; prejudice resulting in different verdict; reasonable basis for trial strategy; claim of Brady violation for failure to disclose potential favorable treatment of criminal charges against witness, offered after trial; necessity of corrupt source jury charge where other parts of the charge covered the issue; failure to investigate missing witness, where PCRA counsel was unable to find witness and trial counsel used the missing witness to defendant's advantage; issue concerning racial composition of jury, where no specific issues are delineated; failure to delineate how failure to call ballistics expert would have helped defendant; challenge to affidavit of probable cause where no specific allegations of falsehood or reckless disregard for truth are alleged
(Frierson031824bt)
(Posted: March 20th 2024)
Civil:
Petition to open default judgment; complaint served out of state by ordinary mail when certified mail was unclaimed; sufficiency of service to establish personal jurisdiction of the court; promptly served petition; meritorious defense; equitable considerations
(morgan20240320)
(Posted: March 20th 2024)
Civil:
Authority of court to reconsider final summary judgment order after expiration of 30 days; tolling the 30-day period; motion to dismiss untimely motion for lack of subject matter jurisdiction
(mayer031424Li)
(Posted: March 17th 2024)
Kramer vs. Muncy Township Zoning Hearing Board; Solar Renewa Energy, LLC v. Muncy Township Zoning Hearing Board
3.5.2024
William P. Carlucci
Administrative Appeal:
Land use appeal of grant of special exception; timeliness of decision to avoid "deemed approval" under the statute; validity of decision and conditions rendered after time for decision expired; standing to appeal; de novo hearing
(Kramer030524C.pdf)
(Posted: March 5th 2024)
Administrative Appeal:
Petition to set aside tax upset sale; notice of tax sale; illegible post office return receipts as credible evidence
(Cheunes022924C)
(Posted: February 29th 2024)
Civil:
Motions in limine; court's role as gatekeeper of relevant evidence; need for expert testimony to establish corporate negligence claim; scope of testimony limited to only relevant matters
(Lovett022924C)
(Posted: February 29th 2024)
Civil:
Summary judgment motion; existence of fact issues whether owner of property knew of defective a railing
(Rockey022924C)
(Posted: February 29th 2024)
Criminal:
Non-jury summary appeal trial; issue of whether Quadricycle is "street legal" under the vehicle code; applicability of full faith and credit clause of the U.S. Constitution to question of whether Pennsylvania must allow street use of a prohibited vehicle that is street legal in Montana; sufficiency of evidence to support citations for vehicle code violations; subjecting ATV to all highway vehicle requirements and limitations
(Kessler022824C)
(Posted: February 28th 2024)
Criminal:
Motion to compel discovery; suppression motion; Miranda issue; test for custodial interrogation; police questioning of defendant after she was identified as a suspect in a crime; probable cause for search warrant;
(Mcdevitt022724t)
(Posted: February 28th 2024)
Civil:
Preliminary objections/motion for summary judgment; timeliness of summary judgment motion before the pleadings are closed; service of process; acceptance of a pleading served by mail by someone who is not an authorized person; required hearing where facts of service are disputed; authority of court to determine effect of release on preliminary objections
(Grace021624C)
(Posted: February 18th 2024)
Civil:
Preliminary objections; boilerplate allegations of nursing home misconduct, unrelated to pleaded facts; sufficiency of allegations to support claim for punitive damages; specificity of allegations of negligence
(Stacey021524C)
(Posted: February 15th 2024)
Criminal:
Motion to set bail; exception to constitutional right to bail for offense involving the possibility of a life sentence; burden of proof to deny bail; sufficiency of evidence of specific intent to kill; "substantially more likely than not" standard; subjective and objective elements of defendant's belief that he was in danger of death or serious bodily injury such that he needed to use deadly force to defend himself at that moment; violation of due process
(Michaels021324t.)
(Posted: February 15th 2024)
Criminal:
Post-conviction relief petition; ineffective counsel leading to guilty plea; credibility of defendant's testimony that she was guaranteed probationary sentence; failure of counsel to inform defendant of mandatory minimum sentence as rendering guilty plea unknowing
(strouse012624t)
(Posted: February 13th 2024)
Criminal:
Petition for post-conviction relief; claimed ineffective counsel at trial for failure to call witnesses; proof of existence of and availability of witness, counsel's actual awareness, or duty to know, of witness, the willingness and ability of witnesses to cooperate and appear on defendant's behalf and the necessity for the proposed testimony in order to avoid prejudice; prejudice caused by defendant; evidence sufficiently presented through other witnesses; strategic decision of counsel; failure to secure funds to pursue facial recognition expert; post-trial determination of whether a facial recognition expert would have been available and willing to testify for defendant at trial
(Shoop011624t)
(Posted: February 12th 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; parent showing minimal compliance with child permanency plan; inability to care for child due to drug use, incarceration and lack of housing; existence of bond between child and parent; trauma associated with continued relationship with father
(KT020824t)
(Posted: February 12th 2024)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
