Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Criminal:
Post sentence motion; DUI; sufficiency of the evidence; after accident consumption of alcohol; proof of refusal to submit to chemical testing; weight of evidence; excessive sentence claim; 4th offense; insulting defense
(yaggie012214a)
(Posted: January 29th 2014)
Linde Corporation vs. Black Bear Property, LP; Black Bear Holdings, LLC; Dibble; Penn Central Corporation and Black Bear, LLC
12.4.2013
Dudley N. Anderson
Civil:
Preliminary objections; mechanic's lien; service of process; certified mail, restricted delivery; acceptance by authorized agent; actual notice where plaintiff never complies with the service rules
(linde120413a)
(Posted: January 29th 2014)
Civil:
Motion in limine; telephone testimony; hearsay; statement with direct legal significance; Dead Man's Act
(Giles012314g)
(Posted: January 27th 2014)
Civil:
Appeal; interpretation of oil and gas lease; waiver of issues not pleaded
(Hafer012714g)
(Posted: January 27th 2014)
Civil:
Preliminary objections; immunity; inadequacy of the drainage systems
(deraffele012314a)
(Posted: January 24th 2014)
Grey Fox Plaza and Krouse vs Lycoming County Water & Sewer Authority, Herbert, Roland & Grubic, Inc. and Swisher
1.21.2014
Dudley N. Anderson
Civil:
Preliminary objections; encroaching water line; immunity; real property exception; utilities service facilities exception; punitive damages; immunity form injunctive relief claim; proper vehicle for claim of unlawful taking; appointment of board of viewers; action in equity to force the filing of a declaration of taking
(greyfoxplaza012114a)
(Posted: January 21st 2014)
Criminal:
Defendant's motion in limine; grading of multiple DUI offenses; maximum sentence allowable; blood testing refused; binding precedent despite pending petition for allowance of appeal; authority of unpublished memorandum decision
(thompson011714L)
(Posted: January 18th 2014)
Civil:
Non-jury trial; replevin; proof of ownership of intermingled personal property
(Juna011614g)
(Posted: January 18th 2014)
Criminal:
Petition for writ of habeas corpus; prima facie case; identification issue; direct and circumstantial evidence; attempted murder; conspiracy counts
(Jones011314L)
(Posted: January 13th 2014)
Civil:
Summary judgment motions; contract claim; agitation and anguish allegations; fraudulent performance of the contract; gist of the action doctrine; lead-based paint and asbestos claims; treble damages; punitive damages
(trotta011314a)
(Posted: January 13th 2014)
Criminal:
Motion to dismiss; Commonwealth mistrial motion; double jeopardy claim; manifest necessity; question posed by defense counsel intentionally designed to elicit the testimony which had, by pre-trial order, been prohibited; rape shield law violation; curative instruction
(steele011014a)
(Posted: January 13th 2014)
Criminal:
Motion to suppress; DUI; custodial interrogation; totality of circumstances; investigative detention; Miranda rights
(Scampone011014L)
(Posted: January 11th 2014)
Criminal:
Motion to dismiss; rule 600 delay claim; review of excludable time periods
(Rosato010914L)
(Posted: January 9th 2014)
Criminal:
Motion to consolidate; evidence of each offense admissible in a separate trial for the other; common scheme or plan involving two or more crimes; likelihood that anyone else but Defendant committed the other crimes; sufficiently similar thefts committed against elderly women
(McDowell010814L)
(Posted: January 8th 2014)
Administrative Appeal:
Petition to set aside upset tax sale; defective notice; claimed lack of receipt of properly mailed notice; defective service of 10-day notice, that was subsequently corrected by mailing to correct address
(taxclaimbureauvonstein010714a)
(Posted: January 7th 2014)
Civil:
Motion for summary judgment; breach of express written warranty claims; burden of proving damages; purchase price submitted as the only evidence of damages when defective product fully repaired; jury speculation
(Haman010714g)
(Posted: January 7th 2014)
Civil:
Preliminary objections; credit card collection case; propriety of verification signed by employee rather than an officer; attachment of credit card agreement; sufficiency of allegations to establish an account stated; necessity to plead all purchases and payments
(GECapitalRetailBank010614a)
(Posted: January 6th 2014)
Criminal:
Commonwealth motion in limine; expert qualifications of toxicologist to diagnose orthopedic conditions; reasonable pretension to specialized knowledge; participation in NHTSA DUI Detection and Standardized Field Sobriety Course; hearsay in medical records; availability of testimony by the physician to discuss diagnosis in records; testify about the suitability or limitations of sobriety testing for individuals who have suffered from leg injuries; lay observations by expert; expert testimony about propriety of the Miranda warnings; expert testimony about defendant's demeanor in DUI center video; missing blood test tubes; expert testimony to rebut the inference created by the testing lab's approval
(Braun010314g)
(Posted: January 3rd 2014)
Criminal:
Motion to dismiss probation; concurrent or consecutive sentences
(Beatty010314L)
(Posted: January 3rd 2014)
Criminal:
Motion to dismiss; Rule 600; due diligence to locate defendant; defendant incarcerated and under supervision; reasonable efforts to locate defendant; active concealment of whereabouts and identity
(Williams123113L)
(Posted: January 1st 2014)
Criminal:
Appeal; vehicle stop, reasonable suspicion based on previous encounter where defendant admitted intoxication; waiver of sentencing issue by failure to preserve at sentencing or by filing post-sentencing motion; claimed excessive sentence for first offense; minimization and avoidance of responsibility for actions
(Harton123113L)
(Posted: January 1st 2014)
Criminal:
Motion to admit out-of-court statements by child victim; Tender Years Hearsay Act; Factors considered in determining the reliability of the statement; confrontation clause violation; indicia of reliability
(schenck123013L)
(Posted: December 30th 2013)
Wills and Estates:
Appeal; trusts; appointment by the court of successor trustee; intentions of settlors; weakened intellect of surviving settlor; ability of surviving settlor to amend trust created by two individuals; conflict of interest of beneficiary of trust serving as trustee; physical and mental impairment of settlor; substantial benefit received by person in confidential relationship; undue influence; standard of proof; removal of any taint of undue influence; testamentary capacity; need to appoint an independent expert to evaluate settlor
(Rogers122313L)
(Posted: December 23rd 2013)
Criminal:
Appeal; post conviction relief act petition; illegality of sentence under DUI statute; binding precedent of Superior Court case that has been appealed to the Supreme Court
(Coles122313L)
(Posted: December 23rd 2013)
Criminal:
Motion to sever; charges pertaining to separate burglaries; admissibility of evidence of each in a separate trials; common scheme or plan; virtually identical method used; ability of jury to separate offenses; potential prejudice
(welshans122313L)
(Posted: December 23rd 2013)
Criminal:
Testimony precluded for discovery violation; allowing testimony in rebuttal; ineffective sanction of the Commonwealth
(MooreAlford122013bt)
(Posted: December 20th 2013)
Criminal:
Suppression motion; probable cause for search warrant; claimed unlawful detention; dismissal due to previous adjudication in other jurisdiction; double jeopardy; same criminal episode; multiple uses of stolen credit cards
(Thompson122013bt)
(Posted: December 20th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; constitutionality of minimum sentence statute; entitlement to remand for a preliminary hearing
(Tuck122013bt)
(Posted: December 20th 2013)
Criminal:
Appeal
(Cruz122013bt)
(Posted: December 20th 2013)
Civil:
Summary judgment motion; contract to return real estate after release from prison; statute of limitations for contract, unjust enrichment and fraud claims; date statute begins to run; a self-imposed inability to perform a contract constituting an anticipatory repudiation; imprisonment as extending limitations period
(johnson121913a)
(Posted: December 19th 2013)
Criminal:
Commonwealth's motion for reconsideration of sanction order; discovery violations; established record of disregarding court orders and failing to change discovery practices; substantially handicap Commonwealth prosecution
(MooreAlford121913bt)
(Posted: December 19th 2013)
Civil:
Summary judgment motion; contract case; count for violation of the Unfair Trade Practices & Consumer Protection Law; lack of written representation of the quality of the work; lack of evidence of fraudulent or deceptive conduct; mere failure to satisfy owner's expectations of quality of contractor's work; ability of plaintiff to contradict admissions in deposition testimony, at time of trial
(goodling121813a)
(Posted: December 18th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel claim; DUI; public or private road; failure to call witnesses; failure to use exhibits; availability of witnesses or exhibits at time of trial; failure to call defendant as witness at trial; probable credibility issues with defendant's trial testimony
(Snook121713L)
(Posted: December 17th 2013)
Civil:
Motion for judgment on the pleadings; wrongful failure to hire; age discrimination case; failure to exhaust administrative remedies; evidence of knowledge of potential employer of plaintiff's age; flippant and false application information
(hill121113a)
(Posted: December 11th 2013)
Criminal:
Post conviction relief act petition; legality of imposing act 198 fees and supervision costs; ability to pay; ineffective counsel; counsel's performance assessed in hindsight; lack of evidence that counsel lacked a reasonable basis to not raise an ability to pay issue at sentencing hearing
(Belloma121013L)
(Posted: December 10th 2013)
Civil:
Motion for summary judgment; dog bite case; responsibility of landlord for tenant's dog; actual knowledge of dangerous propensity; dog known to bark at strangers
(Sipe121012g)
(Posted: December 10th 2013)
Criminal:
Habeas corpus petition; robbery; prima facie case; identification of defendant; lone fingerprint on cigarette package; unaddressed variables; exclusion of innocent presence
(derrick121013L)
(Posted: December 10th 2013)
Civil:
Motion for summary judgment; interpretation of oil and Gas lease; parol evidence rule; consideration of pre-contractual writing and oral discussions
(Hafer120413g)
(Posted: December 5th 2013)
Criminal:
Amended motion for post-conviction collateral relief; ineffective counsel; failure to request transcript to preserve issue on appeal; underlying merit of the issue appealed; double jeopardy where mistrial caused by prosecutor's question to witness; prosecuting attorney incompetence with no intentional conduct
(peterson120413a)
(Posted: December 4th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; prejudice; notice to the defendant of the specific facts and charges; constitutionality of the Pennsylvania mandatory minimum statutes; issues to be raised at sentencing after a conviction
(Hopkins120413bt)
(Posted: December 4th 2013)
Criminal:
Petition for habeas corpus; person not to possess firearm charges; statutory construction; prohibition based on potential sentence or actual sentence
(Lyons120413bt)
(Posted: December 4th 2013)
Criminal:
Non-jury trial; failure to comply with sexual offender registration requirements; transient; knowingly providing incorrect information
(Shoemaker112713br)
(Posted: December 3rd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
12.3.2013
Dudley N. Anderson
Civil:
Motion in limine; evidence of the decedent's prior alcohol use, an ARD, and decedent having smelled like alcohol; effect on life expectancy; reasonable inference of history of alcohol use; prejudice; relevance of ARD to alcohol abuse defense; prejudicial impact of criminal element of ARD; admissibility of hearsay statements of co-workers about odor of alcohol on decedent's person; present sense impression
(moriarity120313a)
(Posted: December 3rd 2013)
Custody:
Objection to notice of relocation of parent; best interests of the children; school safety concerns; strong and normal relationship with both parents; children flourishing in present school environment; children's preferences; negative impact of changes
(jc120213L)
(Posted: December 2nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
12.2.2013
Dudley N. Anderson
Civil:
Motions in limine; admissibility of information concerning decedent's drug use; relevance of drug use to issues in case; failure to cite literature or medical studies in support of opinion that tobacco decreases life expectancy; opinion based on education and experience where such background is not apparent on face of report
(moriarity120213a)
(Posted: December 2nd 2013)
Criminal:
Motion to suppress; execution of search warrant for fugitive; need for warrant to enter residence; gun in plain sight and odor of marijuana in apartment where fugitive arrested; search of individuals present in home where warrant executed; exigent circumstances involving imminent departure of fugitive; reliability of source for warrant information; hearsay evidence
(Shields120213L)
(Posted: December 2nd 2013)
Criminal:
Motion to reconsider denial of motion to suppress; basing reasonable suspicion or reasonable inference on a logical fallacy; claim that suspect ducked to avoid detection by police where police officer was in unmarked car
(Collins120213L)
(Posted: December 2nd 2013)
Criminal:
Motion to amend information; factual scenario in the complaint supporting the new charges; entitlement to a new preliminary hearing; waiver of preliminary hearing based on original, lower graded charges; fundamental fairness
(Yaggie112713L)
(Posted: November 27th 2013)
Criminal:
Post conviction relief act petition; vague assertion of conflict of interest; waiver of suppression issues by guilty plea; sentencing discretion; sentence in accordance with plea agreement; guilty plea induced by ineffective assistance of counsel; voluntariness of plea
(Daniels112613L)
(Posted: November 26th 2013)
Criminal:
Appeal; sufficiency of evidence of intent to distribute drugs; discretion to impose consecutive sentences for possession of paraphernalia and of cocaine; extensive criminal record; court's desire to protect the public
(Mincy112612L)
(Posted: November 26th 2013)
Criminal:
Post conviction relief act petition; ineffective counsel for failing to raise issue of withdrawn guilty plea recommendation at time of sentencing; knowing, intelligent, understanding and voluntary guilty plea; enforceability of plea recommendation that was never entered of record
(Bird112613bt)
(Posted: November 26th 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.25.2013
Dudley N. Anderson
Civil:
Defendants' motion in limine to preclude plaintiff's neurosurgery expert from offering standard of care opinions; qualifications of expert under Mcare Act; sufficient training, experience or knowledge necessary to waive subspecialty and board certification requirements; family practitioner providing treatment in area of witness expertise; five-year time limitation
(moriarity1125131a)
(Posted: November 25th 2013)
Civil:
Preliminary objections; claim for reformation of contract due to mutual mistake; incorrect subdivision plan; duty to discover mistake; ability to amend filed subdivision plan; propriety of prayer for “any such other relief the Court deems just and appropriate"; failure of involuntarily joined plaintiff to make claim in complaint
(down112213b)
(Posted: November 22nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.22.2013
Dudley N. Anderson
Civil:
Motion for summary judgment; corporate negligence claim against hospital and its residency program; expert and factual support
(moriarity112213a)
(Posted: November 22nd 2013)
Moriarity vs. Williamsport Regional Medical Center Family Medicine Residency Program, et al.
11.22.2013
Dudley N. Anderson
Civil:
Motion in limine regarding plaintiff's neurosurgery expert reliance on Center for Medicare and Medicaid Services regulations; purpose of regulations to establish federal policy; determining standard of care based on method of payment
(moriarity112513a)
(Posted: November 22nd 2013)
Criminal:
Appeal
(Travers112213L)
(Posted: November 22nd 2013)
Criminal:
Motion for reconsideration; variance between citation and proof at trial; claim of surprise based on misunderstanding of the law; defendant prejudiced by own testimony
(temples112113a)
(Posted: November 21st 2013)
Adoption:
Appeal; termination of parental rights; incarcerated parent's failure to use the resources that are available to him while in prison
(TC111913g)
(Posted: November 19th 2013)
Criminal:
Motion in limine; use of IONSCAN device to determine level of cocaine on currency; generally accepted scientific principles; proper testing procedures; determination of the casual contact average of cocaine on currency
(Hopkins111913bt)
(Posted: November 19th 2013)
Civil:
Petition to inspect juvenile court records; appeal; statutory exceptions to privacy rule; legitimate interest in the proceeding; curiosity or research; availability of records to the public when child was 14 years of age or older and the conduct would be considered a felony if committed by an adult; duty of court to provide courthouse records to an inmate without a legitimate interest in the records
(Danysh111313bt)
(Posted: November 13th 2013)
Criminal:
Appeal; suppression motion; vehicle stop; traffic violation for failing to timely use turn signal; police officer testifying as expert on intent to deliver drugs; cumulative testimony
(Walker111313L)
(Posted: November 13th 2013)
Criminal:
Motion to suppress; traffic stop; probable cause; turn signal violation; involuntary consent to search of person; scope of the search
(Erwin111313bt)
(Posted: November 13th 2013)
Criminal:
Post conviction relief act petition; appeal
(Kress1113bt)
(Posted: November 13th 2013)
Custody:
Petition for special relief relating to child's school program; home schooling verses public schooling of high school student; ability to offer religious study; child's preference to remain in public school; public schooling meeting educational needs
(MA11113g)
(Posted: November 11th 2013)
Criminal:
Motion to amend information; mandatory minimum sentences; constitutionality of mandatory minimum statutes; prejudice for an amendment that increases a sentence; timing of constitutionality argument
(EilandGoff110713bt)
(Posted: November 7th 2013)
Criminal:
Suppression motion; investigation of accident that led to defendant, at his house; observation of and questioning of defendant outside his house
(Beamer103013bt)
(Posted: October 30th 2013)
Criminal:
Suppression motion; search of a person; mere encounter or investigative detention; defendant forced to ground at gunpoint; officer remaining in house mistakenly entered; reasonable suspicion existing after investigatory detention
(Feathers103013bt)
(Posted: October 30th 2013)
Criminal:
Motion to suppress; probable cause to stop vehicle for traffic light violation; reasonable belief of traffic violation despite subsequent contradiction by video surveillance camera; need for Commonwealth present expert testimony about the amount of controlled substances in Defendant's blood stream and nexus to poor driving at the preliminary hearing
(Butler102813L)
(Posted: October 28th 2013)
Criminal:
Motion to suppress; motor vehicle stop; reasonable suspicion to stop Defendant's vehicle to investigate DUI
(Wright102813L)
(Posted: October 28th 2013)
Branton, et al. vs. Nicholas Meat, LLC; Bowes; Camerer Farms, Inc.; Camerer and JAB Livestock, LLC.
10.25.2013
Richard A. Gray
Civil:
Preliminary objections; leave of court to amend complaint; prejudice; adequacy of verification of complaint signed by only one of several plaintiffs; specificity of averments as to which plaintiff is making a claim against which defendant; demurrer to nuisance claim where there is no averment that the nuisance is occurring on a neighboring property; private cause of action under Solid Waste Management Act; use of facts that support a nuisance claim to also support negligence claim; failure to attach cover sheet to motion under local rules; specificity objections to use of phrase "but not limited to"
(Branton102513g)
(Posted: October 25th 2013)
Civil:
Petition for expungement; guilty plea to misdemeanor in exchange for the withdrawal of more serious charge
(Baney102113bt)
(Posted: October 21st 2013)
Criminal:
Post conviction relief act petition; coerced guilty plea; claim of insanity; knowing, intelligent voluntary, and_x000d_
understanding guilty plea; ineffective assistance of counsel; waiver of defenses
(Fisher102113bt)
(Posted: October 21st 2013)
Criminal:
Appeal
(McHenry102113bt)
(Posted: October 21st 2013)
Criminal:
Motion to compel discovery; Commonwealth's open file policy; necessity of a written response to demand for information; access to 911 tapes which is easier for the district attorney to obtain; motion to amend information to add school zone or playground proximity averment; fact that increases mandatory minimum sentence; prejudice because issue not raised in preliminary hearing; sufficiency of evidence at the preliminary hearing
(english102113L)
(Posted: October 21st 2013)
Criminal:
Pro se motion for change of appointed counsel; concern that counsel could not think of a defense to the case; substantial reasons or irreconcilable differences; blunt responses
(hamilton101813L)
(Posted: October 18th 2013)
Criminal:
Appeal; sufficiency of the evidence of sexual offenses against children; evidence of penetration
(Showers101813L)
(Posted: October 18th 2013)
Adoption:
Appeal of petition for involuntary termination of parental rights
(AdoptionofMTD101713)
(Posted: October 17th 2013)
Adoption:
Petition for involuntary termination of parental rights; dependent newborn; refusal of parents to cooperate with the agency; prescription drug addiction; failure to keep visitation appointments; lack of interest in establishing or maintaining a permanent relationship; settled purpose to relinquish parental claim; failure to perform parental duties for at least six months; lack of attachment between child and parent
(AdoptionofLC101713)
(Posted: October 17th 2013)
Criminal:
Motion for in-camera hearing; sexual offenses; prior and subsequent sexual activity of victim; evidence precluded by Rape Shield Law; evidence of bias against the defendant or motive to fabricate; speculative defenses
(steele101613a)
(Posted: October 16th 2013)
Administrative Appeal:
Land use appeal; additional evidence presented requiring court to find facts; driveways to motel property; lack of definition of "frontage" in zoning ordinance; resolving issue in favor of property owner where there are two possible interpretations of ordinance language
(musser101613a)
(Posted: October 16th 2013)
Criminal:
Defendant's motion to relieve public defender and appoint a new defense attorney; entitlement to counsel of own choosing; substantial reasons or irreconcilable differences to justify a change in counsel; lack of communication due to change of place of defendant's incarceration; refusal to file a suppression motion that lacks merit
(Motter101613L)
(Posted: October 16th 2013)
Adoption:
Appeal; appropriate family unit
(bw101613g)
(Posted: October 16th 2013)
Criminal:
Motion to consolidate; participation in the same series of acts constituting the offenses charged; prejudice; antagonistic defenses; mere finger pointing
(EilandCollins101613bt)
(Posted: October 16th 2013)
Criminal:
Petition for post-conviction collateral relief; timeliness
(McGraw101613bt)
(Posted: October 16th 2013)
Criminal:
Motion to compel ARD; DUI case; discretion of the district attorney; claimed abuse of discretion based on prohibited reasons
(Dincher101513bt)
(Posted: October 15th 2013)
Criminal:
Request for bill of particulars; Commonwealth's use of general reasons in answering bill of particulars; procedural issues; purpose of bill of particulars; substitute for discovery; information on trial strategy; leave to re-file
(Hellenthal101513bt)
(Posted: October 15th 2013)
Criminal:
Commonwealth motion to amend information to indicate that firearm was close to drugs; mandatory sentencing; prejudice; facts established at preliminary hearing; constitutional right to preliminary hearing; criminal complaint alleging facts that support amendment
(Trafford101413L)
(Posted: October 14th 2013)
Adoption:
Petition for involuntary termination of parental rights filed by grandmother; settled purpose to relinquish parental responsibilities; primary consideration of the needs and welfare of the child; existence of bond between parent and child; foreseeability of adoption; termination of mother's rights only
(TSC100813g)
(Posted: October 14th 2013)
Criminal:
Defendant's motion in limine; evidence of prior conviction for conspiracy to commit robbery; admissibility of prison conversation; prejudice; relevance to show identity and a connection to alleged co-conspirator; important link in chain of evidence; appropriate cautionary or limiting instruction
(Villanueva101413L)
(Posted: October 14th 2013)
Civil:
Motion for judgment on the pleadings; interpleader; competing claims to life insurance policy; attorney fees; compliance with terms of life insurance policy; capacity of decedent to change beneficiary to life insurance
(AAA101013g)
(Posted: October 10th 2013)
Civil:
Plaintiff's preliminary objections; counterclaim for intentional infliction of emotional distress; specificity of allegations of extreme and outrageous conduct; legal insufficiency of counterclaim for malicious abuse of process
(Heilman100813g)
(Posted: October 8th 2013)
Criminal:
Motion to amend information to submit drug offense school zone issue to the jury; constitutionality of the remainder of the statute; premature argument
(Cobb100413L)
(Posted: October 5th 2013)
Criminal:
Suppression motion; waiver of Miranda rights; need to re-advise of rights; not significantly different statements; motion to dismiss; prima facie case of robbery; motion for severance; incriminating statement by a non-testifying co-defendant; redaction of statement
(Gardner092713bt)
(Posted: September 30th 2013)
Criminal:
Appeal; denial of motion of Commonwealth to apply mandatory sentence for drug sale within school zone; mandatory sentence evidence presented during sentencing hearing; school zone issue not addressed during the trial
(eiland091713g)
(Posted: September 27th 2013)
Criminal:
Appeal
(Robinsion092313L)
(Posted: September 26th 2013)
Criminal:
Appeal; sufficiency of evidence of intent to deliver drugs; admission of prison recordings; authenticity and relevancy of prison recordings
(Bratton092613L)
(Posted: September 26th 2013)
Civil:
Motion in limine; trip and fall case; plaintiff's legal status at time he fell; issues for the fact finder; change of legal status to trespasser after admission to premises as licensee; status of landlord; judicial notice; judicial notice of the applicability of the law; violations of codes as negligence per se; evidence of pre-existing injury or drug use without a defense medical expert; claimed permanent condition; relevance to life expectancy
(Freeman092313g)
(Posted: September 23rd 2013)
Civil:
Petition to strike judgment; reliance on record without consideration of extraneous information; service of Pennsylvania corporation by mail in Connecticut; sufficiency of certified mail receipts to prove service; ability to cure defective return of service by amendment; requirement of certification of service of notice of intention to take default judgment
(rauch092313a)
(Posted: September 23rd 2013)
Civil:
Non-jury trial; attorney fee dispute; unjust enrichment; implied contract; quantum meruit; prejudgment interest; calculation of reasonable attorney's fees
(Biersdorf091913g)
(Posted: September 21st 2013)
Criminal:
Motion for return of currency and cell phones; controlled substances forfeiture act; burden of proof; guilty plea to intent to deliver drugs; no viable explanation for possession of large sum of cash
(Moore091713m)
(Posted: September 18th 2013)
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