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; eligibility for relief where sentence has already been served; timeliness of petition; jurisdiction of the court; petitioner's misinterpretation of plea agreement; authority of trial court over computation by Department of Corrections of credit for time served and
minimum and maximum dates
(bower021023bt)
(Posted: February 23rd 2023)
Criminal:
Post conviction relief act petition; knowing and voluntary guilty plea; affirmative misinformation from counsel; need for evidentiary hearing on claim that defendant requested counsel to file a motion for reconsideration of sentence
(strouse021423Li)
(Posted: February 15th 2023)
Criminal:
Post conviction relief act petition; timeliness; exceptions to time requirement; new case law claimed as newly discovered facts; retroactive application of new constitutional right; jurisdiction of the court
(Sabur012523bt)
(Posted: February 13th 2023)
AK Welding, LLC., vs. Choice Fuelcorp, Inc. vs. J.T. Thorpe & Sons, Inc.
2.1.2023
William P. Carlucci
Civil:
Preliminary objections; demurrer based on gist of the action doctrine; contract claim in "negligence clothing"; striking general allegations of negligence; claim for attorney's fees based upon common law contract claim or common law negligence; punitive damages; amending the complaint to attempt to assert viable claims
(AK Welding020123C)
(Posted: February 3rd 2023)
Cusick vs. Adams, Harf, Wenrich, Michele, Does, ABC Corporation; Anesthesia Associates of Williamsport, Inc., The Williamsport Hospital; UPMC and UPMC Susquehanna
1.30.2023
Eric R. Linhardt
Civil:
Motions in limine; precluding defendants from denying negligence or causation and to preclude expert testimony; stipulation or admission rendering collateral facts irrelevant to issues before jury; jury determination of whether experts misrepresented facts; necessity of evidence of negligence on question of life expectancy; relevance of the specific mechanism of death to emotional and psychological harm and damages; precluding late produced expert report; prejudice; relevance of evidence of remarriage of spouse of decedent; permitting an acknowledgment by defendants at trial that they are sympathetic to the plaintiff's loss
(cusick013023Li)
(Posted: January 30th 2023)
Civil:
Preliminary objections; proper venue in case against business entity; regularly conducting business; quantity and quality of acts performed in county; incidental purchase of inventory in Lycoming County
(Morehart012523C)
(Posted: January 25th 2023)
Reynolds Iron Works, Inc. vs. Lundy Construction Co., Inc. vs. Nicholas Meat LLC and Providence Engineering Corp.
1.25.2023
William P. Carlucci
Civil:
Motion seeking leave to file cross claims; tardiness of a proposed amendment; prejudice to the non-moving party that a continuance will not remedy
(Reynolds012523C)
(Posted: January 25th 2023)
Criminal:
Habeas corpus petition; sufficiency of evidence of sexual abuse of children where defendant claims he did not know the age of the victim; suppression motion; probable cause for warrant for search of cell phone; independent source doctrine; proof of inevitable discovery; search warrant overbreadth
(Holly010423bt)
(Posted: January 24th 2023)
Criminal:
Post conviction relief act petition; claimed judicial involvement in plea negotiations; prejudice to defendant; typographical error in transcript of jury charge entitling defendant to new trial; testimony about statement made by defendant during lie detector test, where test was not referenced in the testimony
(coleman011923br)
(Posted: January 24th 2023)
Criminal:
Post-sentence motion; coordinate jurisdiction rule precluding the overruling of suppression decision; factual basis for expert testimony; admissibility of serology records under business record exception to hearsay rule; admissibility of video statement of defendant; admissibility of prison conversation between defendant and wife; reasonable expectation of privacy; qualification of psychologist to testify as expert if not board certified; reasonable pretension to specialized knowledge on the subject under investigation; weight of evidence; sufficient evidence to establish simple assault; claimed excessive sentence
(Stuart012423t)
(Posted: January 24th 2023)
Civil:
Preliminary objections to new matter; scandalous and impertinent allegations that do not bear on the elements of the claim; specificity of allegations to establish reliance on misrepresentations
(McHarris011823Li)
(Posted: January 20th 2023)
Adoption:
Agency petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing inability to care for child; parent's mental health issues; existence of bond between child and parent
(AdoptionAL011823t)
(Posted: January 20th 2023)
Criminal:
Suppression motion; sufficiency of affidavit to establish probable cause for search warrant; no evidence that individual involved in controlled drug buy had a connection to the property to be searched
(Hall011223bt)
(Posted: January 13th 2023)
Civil:
Motions for summary judgment; standards applicable to medical malpractice claim; necessity of medical expert opinion to demonstrate elements of cause of action; difference between opinion sufficient to support a certificate of merit and that necessary to withstand summary judgment; sufficiency of evidence that any particular doctor or health care provider caused harm or how that harm arose.
(dodson010923Li)
(Posted: January 10th 2023)
Criminal:
Habeas corpus petition; prima facie case of endangering welfare of children; knowledge of homeowner that children in his household were being mistreated; sufficiency of evidence of obstruction where investigators were misdirected about the whereabouts of missing children
(Butler1923b)
(Posted: January 10th 2023)
Criminal:
Motion to dismiss pursuant to rule 600; Commonwealth burden to prove that it acted with due diligence; calculation of excludable delay
(Moore010623bt)
(Posted: January 8th 2023)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; parent showing, at most, a passive interest in children; no existing bond
(AdoptionAHandDH121322t)
(Posted: January 3rd 2023)
Criminal:
Motion for reconsideration of denial of post conviction relief act petition; jurisdiction of the court; timeliness of attempt to assert the newly discovered evidence exception, where the evidence should have or was previously known; attempt to assert newly recognized constitutional right exception where case cited does not establish such a right and the case is not to be applied retroactively; previously litigated issues
(Mincy12722b)
(Posted: January 2nd 2023)
Wills and Estates:
Non-jury trial; petition to return assets to estate; application of the Dead Man's Act; voidable transfers under the uniform act; sufficiency of evidence of decedent's acts to effectuate his intent to transfer assets, prior to death
(Benson123022Li)
(Posted: December 30th 2022)
Civil:
Motion to vacate stay of eviction and dismiss appeal; lack of service of the appeal notice; attempted service after filing of motion to dismiss appeal; good cause shown for reinstatement of appeal from MDJ decision
(Stonekey121222Li)
(Posted: December 29th 2022)
Civil:
Preliminary objections; mandamus action to compel issuance of sewage system permit; compliance with unappealed zoning hearing board decision; failure to exhaust statutory remedies; futility of appeal
(Morgenfruh122822Li)
(Posted: December 29th 2022)
Branton vs. Zoning Hearing Board of Nippenose Township and Nippenose Township
12.28.2022
Eric R. Linhardt
Administrative Appeal:
Land use appeal; standard applicable to interpretation of zoning ordinance; Regulatory Flood Elevation requirements; defining "new construction" in context of addition to building; ambiguous language in ordinance; deference afforded to township interpretation of its ordinance; remedial measures
(Branton122822Li)
(Posted: December 29th 2022)
Cosentine vs. Burch, The Smith-Burch Agency, LLC and The Farmers Fire Insurance Company
12.28.2022
Eric R. Linhardt
Civil:
Motion in limine to confirm crossclaim; objection to indemnification claim on the eve of trial; sufficiency of crossclaim to raise the defense of contractual rather than common law indemnification; waiver of objection to defense where contractual indemnity defense is not specifically raised; waiver of failure to state a claim defense; applicability of common law indemnification to party who has active negligence
(cosentine122822Li)
(Posted: December 29th 2022)
Needville Little League, Inc. and Tulsa National LL, Inc. vs. Little League Baseball, Inc.
12.28.2022
Eric R. Linhardt
Civil:
Preliminary objections; demurrer to contract claim; alleged breach of COVID-19 testing procedures; arbitrary and uneven application of tournament rules, regulations and procedures
(needvile122822Li)
(Posted: December 29th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
12.27.2022
William P. Carlucci
Civil:
Motion in limine to prevent expert from testifying; late production of report; prejudice; qualifications of expert established by MCARE Act; expert who is familiar with the specific standard of care at issue; admissibility of surgeon's opinion on who has responsibility to prevent fires in the operating theater; cumulative or corroborative evidence
(Evans12272022C)
(Posted: December 27th 2022)
Callaghan, Kriger, Giampapa, Travis, Probst, Barr vs. Williamsport Area School District, Baer, Penman, Derr, Dixon, Lake; Nibble, Poole, Reeves and Welteroth
12.22.2022
William P. Carlucci
Civil:
Preliminary objections; public nuisance of school playground; individual liability of school board director; interference with the standard of comfort of locality
(Callaghan122222C)
(Posted: December 25th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
12.21.2022
William P. Carlucci
Civil:
Preliminary objections; striking new matter that incorporates expert reports rather than retyping contents of expert reports; disregarding any error or defect of procedure which does not affect the substantial rights of the parties
(Evans122122C)
(Posted: December 22nd 2022)
Wills and Estates:
Petition to establish paternity and for declaratory judgment; authority to compel genetic testing in estate claim; broad authority of court to resolve questions of paternity either at the request of a claimant or sua sponte; allowing a court to compel unwilling parents of a putative father to provide a sample of blood for genetic testing; invasion of privacy; effect of acknowledgment of paternity on effort by child to establish paternity of another person
(stroble122022Li)
(Posted: December 20th 2022)
Civil:
Preliminary objections; contract claim against non-party to agreement; interpretation of contract term allowing dismissal of employee who was involved in criminal activity in sole discretion of employer; good faith basis for determination; acquittal as raising factual issue of involvement in criminal activity
(rinker121922Li)
(Posted: December 19th 2022)
Civil:
Preliminary objections; availability of punitive damages in contract and Unfair Trade Practices and Consumer Protection Law claims; reckless, indifferent, willful, wanton, oppressive, or outrageous conduct; pleading notice of bed bug infestation; recoverability of attorney's fees; American rule; statutory authorization for award of fees
(skillman121922Li)
(Posted: December 19th 2022)
Criminal:
Post-conviction relief act petition; timeliness; jurisdiction; factual support for application of exceptions to time limits; voluntariness of decision not to testify at trial; court colloquy regarding waiver of right to testify
(Alford121522b)
(Posted: December 17th 2022)
Administrative Appeal:
Right-to-know law appeal; request for digital copy of the ClearVote Cast Vote Record file for every precinct; exception to public inspection for digital equivalent of contents of ballot boxes; standing of Lebanon County resident to inspect Lycoming County election records; intervention of Lycoming County electors and Pennsylvania Department of State; statutory interpretation; constitutional right to secrecy in voting; definition of voting machine; electronic voting system; determination of what constitutes "contents"; ambiguous statutory language; legislature's likely intent; narrow construction of law designed to promote access to official government information; deliberate legislative choice to not widen exception to public access; weight of opinion of agency charged with statute's execution and application; random record of ballot results; stay pending appeal
(honey121622Li)
(Posted: December 17th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; failure to meet eligibility requirements for Recidivism Risk Reduction Incentive (RRRI)
(Travers120922bt)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation of awareness of invalidity and illegality of plea; eligibility for relief when no sentence is being served
(Nottingham12922bt2)
(Posted: December 10th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction; conclusory allegation that witness's testimony was
previously not known despite the exercise of due diligence; applicability of newly-recognized constitutional right exception; eligibility for relief when no sentence is being served
(Nottingham120922bt)
(Posted: December 10th 2022)
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion that minor victim of sexual offenses is unwilling to testify
(Orner120622b)
(Posted: December 6th 2022)
Civil:
Preliminary objections; claimed scandalous and impertinent averments; materiality of averments in the complaint to support the cause of action; claim for attorney fees; American rule; alleged willful and wanton conduct supporting imposition of attorney fees; sufficiency of allegations to support causes of action for interference with the use of easement and trespass upon property rights in the easement; mere inconvenience
(evelhari120622Li)
(Posted: December 6th 2022)
Civil:
Non-jury trial; declaratory judgment action related to the duties of the county controller; statutory construction; interpretation of County Code; employees necessary for county officer to perform required functions; controller acting as check on the commissioner's overseeing of the fiscal affairs of the county; consent of controller to remove employees; propriety of use of Declaratory Judgment Act
(rogers120122leete)
(Posted: December 6th 2022)
Criminal:
Motion to permit testimony by contemporaneous alternative method and motion to admit out of court statements; evidence that the child may experience emotional distress if she is required to testify in front of her father, her alleged abuser; applicability of Tender Years Hearsay Act; time, content, and circumstances of out of court statement providing sufficient indicia of reliability; availability of child as a witness
(maggs110822t)
(Posted: December 5th 2022)
Civil:
Motion to open judgment of non pros for failure to file certificate of merit in medical malpractice case; timeliness of motion; reasonable explanation or legitimate excuse for failure to comply with rule; impact of pro se status; failure to take any steps to comply with the rules
(sampson111622li)
(Posted: December 5th 2022)
Criminal:
Post conviction relief act petition; jurisdiction; timeliness; insufficient facts to establish interference by government
officials or newly discovered facts; failure to identify government officials or how they interfered with petition; fishing expedition for records to support after discovered evidence claim
(bean112922a)
(Posted: December 5th 2022)
Civil:
Preliminary objections to credit card collection complaint; failure to plead written agreement that established interest rates; interest rate cap at legal rate of interest in Pennsylvania; validity of verification of recovery representative to statements made in the complaint
(Holt112322t)
(Posted: December 5th 2022)
Criminal:
Appeal
(young120122bt)
(Posted: December 5th 2022)
Criminal:
Appeal
(cradle120122br)
(Posted: December 5th 2022)
Civil:
Preliminary objections; scandalous and impertinent matter; pleading plea of nolo contendere in criminal case for the same incident
(Williams120122C)
(Posted: December 4th 2022)
Civil:
Summary judgment motion; liability of company for failure to monitor employee's use of a company vehicle; company duty to the public to ensure its vehicles are not used in a reckless manner; fact issue of permissive use; vicarious liability for negligent entrustment of company vehicle; scope of employee's employment as a fact question for jury; knowledge of potential that someone would use a vehicle; reckless conduct as a matter of law; award of punitive damages as a matter of law
(shultz120222Li)
(Posted: December 4th 2022)
Reynolds Iron Works, Inc. vs. Lundy Construction Co., Inc. vs. Nicholas Meat LLC and Providence Engineering Corp.
11.23.2022
William P. Carlucci
Civil:
Motions for summary judgment; contract claim where a material issue of fact remains regarding whether full payment by owner is a condition precedent for payment to subcontractor and where there is claim of defective performance; factual issues related to payment under Pa. Contractor and Subcontractor Payment Act and required notice; reliance on representations of intent to cure; factual issues concerning tort claims about defective plans and damages therefor; factual issues related to whether enrichment was unjust; contract interpretation; waiver of timeliness requirement by acceptance of late performance; effect of no oral modification language; entitlement to recoupment; use of expert reports to demonstrate factual issues for trial
(Reynolds112322C)
(Posted: November 28th 2022)
Civil:
Preliminary objections; punitive damages claims for corporate negligence constituting outrageous conduct in nursing home case; numerous issues of a similar nature occurring consistently over nearly two years of plaintiff's residence; alleged deliberate understaffing
(mertz112122Li)
(Posted: November 21st 2022)
Civil:
Petition to open judgment of non pros and for reconsideration of order striking it; defect on the face of the record; necessity of a certificate of merit; required procedure where plaintiff does not believe a certificate of merit is required; attempt to avoid filing motion to determine necessity of a certificate of merit by using footnote on a certificate; loss of right to contest non pros by failing to timely motion to determine necessary certificate of merit; need for a certificate of merit for claims of physical and sexual assault in a hospital setting; breach of professional standards governing hospital employees; application of rules 126 and 3051 to certificate of merit procedures; reasonable explanation or legitimate excuse for failure to rectify deficient certificate of merit; preliminary objection; blending causes of action for vicarious liability and corporate negligence
(Cuneo11102022Li)
(Posted: November 13th 2022)
Civil:
Preliminary objections; demurrer to claim that defendant negligently designed and constructed premises where there are only allegations that defendant had a duty to inspect, maintain, repair, control, supervise and/or oversee the
premises and to warn of and correct any hazardous conditions; distinction between construction and maintenance
(Bryan110722Li)
(Posted: November 8th 2022)
Administrative Appeal:
Appeal of decision of the Office of Open Records to right-to-know request denial; motion to compel discovery; applicability of rules of civil procedure; requirements of due process; inherent authority of court to order a form of discovery; discretion as to appropriate scope of discovery; facilitating efficient resolution of issues
(stroehmann110222Li)
(Posted: November 3rd 2022)
Lobar, Inc. vs. Lycoming County and Cummings & Smith, Inc.; Lycoming County vs. Lobar, Inc. and Federal Insurance Company
11.3.2022
William P. Carlucci
Civil:
Motions for summary judgment; breach of contract claim; issues of material fact as to contract interpretation; causes of action and defenses pleaded in the alternative; viability of liquidated damages claim; sufficiency of expert reports to support negligent misrepresentation claim; contributory negligence, as a matter of law
(Lobar110322C)
(Posted: November 3rd 2022)
Civil:
Preliminary objection raising question of actual possession of the disputed property; determination of proper form of action as between action to quiet title or ejectment; characteristics of an owner's use of property
(Okkelberg102422L)
(Posted: October 24th 2022)
Adoption:
Petition for involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; no existing bond
(AdoptionJRK102122t)
(Posted: October 24th 2022)
Criminal:
Appeal; sufficiency of evidence to convict of intent to solicit sex from a child, based on sexually suggestive communications; deletion of messages as establishing consciousness of guilt; sentencing discretion; proportionality of sentence in conflict with underlying conduct
(Degarmo091721bt)
(Posted: October 17th 2022)
Criminal:
Suppression motion; voluntariness of waiver of Miranda rights; ambiguous or equivocal request for attorney; undue governmental pressure
(Holly081121bt)
(Posted: October 17th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Knight092421bt)
(Posted: October 17th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Taylor092321bt)
(Posted: October 17th 2022)
Criminal:
Habeas corpus petition; prima facie case; sufficiency of evidence of possession or transfer of drugs; use of hearsay evidence
(White081621bt)
(Posted: October 17th 2022)
Criminal:
Suppression motion; warrantless search of property; consent to presence of police in residence; protective sweep where defendant already in custody; statements made in an
interview with police following request for an attorney
(Staten-Chambers073021BT)
(Posted: October 16th 2022)
Criminal:
Motion to return property; initial burden to establish entitlement to property; motion supported by incomplete record
(Dorsey081121bt)
(Posted: October 16th 2022)
Criminal:
Suppression motion; probable cause for search of vehicle; mere encounter becoming an investigative detention upon questioning about marijuana; car and phones were searched as a direct result of the lack of proper storage of medical marijuana; voluntariness of consent to search; coercive explanation of options regarding search
(Williams071621bt)
(Posted: October 16th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of unsworn falsification and tampering with public records; police officer obstructing administration of law by failing to arrest criminals due to sexual relationships
(Derr011022k)
(Posted: October 15th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of unlawful use of computer to access JNET database, unrelated to a criminal investigation; improper motives for obtaining information; motion to dismiss; statute of limitations
(Derr011121klementik)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; issue previously litigated in the Superior Court; delay of trial due to his own attorney's illness
(Brown121721bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Hoskins062722bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Johnson031422bt)
(Posted: October 15th 2022)
Criminal:
Motion to withdraw guilty plea; fair and just reason; assertion of innocence on one of several charges; liberal allowance of withdrawal motions prior to sentencing
(Erwin032522bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(O'Donnell071422bt)
(Posted: October 15th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of cruelty to animals where obviously sick dogs were not provided timely veterinary care
(West060622bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; eligibility for relief; sentence already completed
(Lampley071222bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Gruss071322bt)
(Posted: October 15th 2022)
Criminal:
Post conviction relief act petition; coerced guilty plea; credibility of claims
(Logan082322bt)
(Posted: October 14th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction
(Johnson091922bt)
(Posted: October 14th 2022)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Hall101322bt)
(Posted: October 14th 2022)
Criminal:
Motion to dismiss pursuant to rule 600; calculation of excludable time; excusable delay; availability of trial days outside of control of Commonwealth
(Strano100422bt)
(Posted: October 14th 2022)
Civil:
Appeal; jurisdiction of the court; standing to pursue motion to return property; collateral attacks on other proceedings
(Best100422bt)
(Posted: October 14th 2022)
Criminal:
Suppression motion; reasonableness of extension of traffic stop after traffic offenses to commence drug investigation; totality of circumstances; warrantless search based on coerced consent; search as exploitation of prior illegality; proof that a consent is product of an essentially free and unconstrained choice – not the result of duress or coercion; fruit of the poisonous tree doctrine; warrant based on illegal search
(Young100322bt)
(Posted: October 12th 2022)
Criminal:
Suppression motion; probable cause or reasonable suspicion to conduct traffic stop; duty of driver to signal when turning from a parking lot; collective knowledge doctrine; statements constituting fruit of the poisonous tree
(Martin100422bt)
(Posted: October 12th 2022)
Criminal:
Post conviction relief act petition; ineffectiveness of counsel for failure to request bill of particular to establish alibi defense to downloading child pornography where information already in possession of trial counsel; prejudice; reasonable basis for failure to call alibi witnesses
(Rudinski091922bt)
(Posted: October 12th 2022)
Criminal:
Motion for suppression of statements; Miranda rights; questions asked during normal course of arrest; marijuana in plain sight during arrest
(Askey100622bt)
(Posted: October 12th 2022)
Evans vs. Lavallee, Pastore, Adkins, The Williamsport Hospital; UPMC Susquehanna and Anesthesia Associates of Williamsport, Inc.
10.10.2022
William P. Carlucci
Civil:
Motion to assert cross claims and affirmative defenses resulting from partial settlements; conscious strategy decision to forgo any cross claims; manifest prejudice of allowing cross claims after parties have completed discovery and exchanged expert reports, and the matter is ripe for trial.
(Evans101022c)
(Posted: October 10th 2022)
Criminal:
Appeal
(Best100422t)
(Posted: October 10th 2022)
Criminal:
Appeal; sentencing discretion; consideration of prior history and pattern of criminal behavior, as well as need for services available at state correctional facility
(Prokop100422t)
(Posted: October 10th 2022)
Early Bird Car Wash, Inc, Mr. Bird's Custom Car Wash Equipment, LLC and Early vs. Piermattei and Rhodes & Sinon, LLP vs. Botta
10.7.2022
Eric R. Linhardt
Civil:
Preliminary objections to joinder complaint; duty owed by successor counsel to predecessor counsel; circumstances under which an additional defendant may be liable with or liable for indemnity; joinder for sole liability where allegations contained in the joinder complaint relate
to different harms to be proven with different evidence as to different occurrences happening at different times; forcing plaintiffs to sue their attorney using rule 2252
(EarlyBird100722Li)
(Posted: October 9th 2022)
Civil:
Motion for partial summary judgment; contract interpretation; waiver of no oral modification clause; genuine issue of material fact for trial; assessment of trial evidence
(salvatore100422c)
(Posted: October 4th 2022)
Civil:
Motion for permission to file appeal of MDJ decision nunc pro tunc; jurisdiction of court; discretion to allow a late appeal; fraud or breakdown of court operation; required elements of proof; emergency hospitalization; acting with sufficient promptness; showing of attempt to file within the applicable time
(baines100422Li)
(Posted: October 4th 2022)
Civil:
Motion for protective order/to compel; discovery where issue of class certification is open pending decision on preliminary objections; discretion to limit scope of discovery
(lawson100322Li)
(Posted: October 4th 2022)
Administrative Appeal:
Motion for reconsideration of order granting petition to appoint township supervisor and motion for injunction; proper form of action; standing to file quo warranto action; validity of supervisor appointment where there was no public vote; remedy for vacancy board's failure to act within 15 days; procedural requirements for vacancy board to petition court to fill vacancy; remedy for violation of Sunshine Act; authority of the court to make appointment of supervisor without hearing; viability of request for injunctive relief; appealability of order
(OldLycoming092322Li)
(Posted: September 25th 2022)
Wills and Estates:
Will interpretation; express or latent ambiguity; enforcing plain language of will
(manno092122Li)
(Posted: September 21st 2022)
Criminal:
Late filed suppression motion; interests of justice; probable cause for vehicle stop; use of parking lights only in darkness
(Erwin090822bt)
(Posted: September 20th 2022)
Adoption:
Agency petition for involuntary termination of parental rights; voluntary relinquishment of rights; failure to perform parental duties for at least the six months preceding the filing of the petition; parent with inconsistent visitation and non-compliant with the permanency plan; lack of progress towards reunification with child; needs and welfare of child; bonding assessment; lack of bond with father giving way to stronger bond with resource parent
(InreIB091922t)
(Posted: September 20th 2022)
Criminal:
Habeas corpus petition; prima facie case of indecent assault and rape of person with mental disability; adequacy of testimony of ability to consent without expert opinion; compelling psychiatric evaluation of complainant; compelling discovery of Brady material, recorded interviews or reports, prior record information for witnesses and social media evidence; disclosure of additional materials Commonwealth may receive
(Babb091422t)
(Posted: September 15th 2022)
Criminal:
Motion to reinstate omnibus pretrial motion; exigent circumstances for failure to appear at hearing; inattention to date of scheduled hearing
(Greene090722t)
(Posted: September 13th 2022)
Criminal:
Appeal
(Strouse082322t)
(Posted: September 12th 2022)
Civil:
Summary judgment motion on counterclaim; sufficiency of pleadings to make out prima facie cause of action; failure to mitigate; determinations to be made by fact-finder
(Choicefuel082222t)
(Posted: September 12th 2022)
Criminal:
Motion to compel discovery required under Brady rule; required production of lab/ballistic reports, interviews, cell phone videos or photos, texts, rap sheets of witnesses, victim medical records; disclosure of bad acts evidence under rule 404(b); motion to preclude evidence of defendant's bad acts; severance of persons not to possess charge from homicide offenses; production of juror record checks; motion for individual voir dire on questions of racism
(Lee090222t)
(Posted: September 12th 2022)
Bohlander, Executrix of the Estate of Stefanick vs. Nippenose Valley Village, Inc
9.12.2022
Ryan M. Tira
Civil:
Preliminary objection; motion to strike punitive damages claim; sufficiency of factual allegations to support punitive damage claim; motion to overrule objection to subpoena of insurance company file containing negotiations; expectation of privacy; discretion to omit materials prepared in anticipation of litigation; redaction of references to mental impressions, conclusions or opinions regarding value or merit of a claim or defense or respecting strategy or tactics
(Bohlander091222t)
(Posted: September 12th 2022)
Criminal:
Post-sentence motions; sufficiency of evidence; admissibility of prison calls with victim in which potential guilty plea and sentencing was discussed; applicability of rule 410 prohibition to discussions in which the Commonwealth is not a party; waiver of issues not raised at trial; prejudice of mere reference to a defendant's incarceration; reconsideration of sentence; reasonableness of sentence; resentencing on probation violation; applicability of mandatory minimum sentence for corruption of minor; merger of sentences for lesser included offenses
(reid0090122Li)
(Posted: September 10th 2022)
Criminal:
Habeas corpus petition; sufficiency of evidence of drug and paraphernalia possession; constructive possession; evidence of power and intent to exercise dominion and control; suppression motion; standing to challenge search of someone else's house; legitimate expectation of privacy in another's home; statutory authority for parole officer to search property of parolee if reasonable suspicion to believe that contraband or other evidence of violations of supervision will be discovered
(Robinson081922bt)
(Posted: August 31st 2022)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
