Lycoming County Court Opinions
The database contains over 6400 opinions issued by the Lycoming County Court of Common Pleas since 1999.
Browse all the opinions from the list below, with the most recently posted opinions at the top.
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Civil:
Motion in limine to preclude evidence of life care plan; cost estimates based on fairhealth.org data; sufficiency of methodology used to compute future medical costs; seriousness of injury to meet limited tort threshold; issue to be raised by summary judgment motion
(Swank031721Li)
(Posted: March 17th 2021)
Edenfield vs. ECM Energy Services, Inc., A Corporation AdTrak 360, Higgins, Wahl & Pfleegor
3.16.2021
Eric R. Linhardt
Civil:
Petition to compel statutory inspection and examination of corporate books and records; standing of past shareholders to review corporate books; jurisdiction over foreign corporation; applicability of contractual jurisdiction provision; applicability of corporate law to limited liability company
(Edenfield031621L)
(Posted: March 16th 2021)
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; non-appearance at hearing; no existing bond
(AdoptionofBEC030221m)
(Posted: March 14th 2021)
Armstrong Township vs. Lycoming County Board of Assessment Appeals and Choice FuelCorp, Inc.
3.11.2021
Ryan M. Tira
Administrative Appeal:
Tax assessment appeal; highest and best use of property; legally permissible use of land under court order preserving property's non-conforming use; rejection of appraisal reports based upon false premises and speculative calculations; determination of fair market value based on calculations from formulas and figures adduced at trial, without reliance on expert conclusions
(Armstrong031121t)
(Posted: March 12th 2021)
Civil:
Motion in limine to exclude medical expert opinion; exclusion of cumulative expert opinions; corroborative testimony of multiple medical expert witnesses with same conclusion who approach the issue from different clinical perspectives; relevance of evidence of relationship between deceased mother and son, where claims for loss of mother's tutelage, comfort, guidance, and companionship are withdrawn; use of expert to establish liability of hospital based exclusively on accreditation standards set by the Joint Commission for Accreditation of Healthcare Organizations; expert's reliance on voluntary, aspirational standards that are broadly general and not probative
(shaheen031221Li)
(Posted: March 12th 2021)
Criminal:
Appeal; manifestly excessive sentence; revocation of probationary sentence after failure of multiple attempts to use local options to address defendant's rehabilitative needs and substance abuse disorder; applicability of new probation violation sentencing guidelines
(Taylor031221L)
(Posted: March 12th 2021)
Custody:
Petition to intervene in custody proceeding; standing; in loco parentis; children at substantial risk due to drug activity of mother
(Rauch030321t)
(Posted: March 11th 2021)
Criminal:
Suppression motion; knowing, intelligent and voluntary waiver of Miranda rights and right to counsel; motion to sever
(Harris030421bt)
(Posted: March 9th 2021)
Criminal:
Suppression motion; reasonable suspicion to stop vehicle and detain occupants; consciousness of guilt demonstrated by jumping out of car and running; investigative detention supported by reasonable suspicion; probable cause for arrest where officer observes defendant throw pill bottle containing illegal contraband; presumption of trustworthiness of ordinary citizens reporting their observations; plain view observation of cell phone screen as constituting a search
(Kelly030521L)
(Posted: March 5th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; additional evidence necessary to substantiate hearsay testimony; good cause exception to the 2-hour blood alcohol test time limit for DUI charge
(Dauber030121b)
(Posted: March 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; evidence necessary to substantiate hearsay testimony; circumstantial evidence that telephone was used to set up drug transaction
(Akins030221bt)
(Posted: March 4th 2021)
Civil:
Motion to enforce settlement; meeting of minds as to all
essential terms of agreement; release clause as per se essential term of settlement agreement; offer and acceptance; revisions to proposed settlement agreement as counteroffer
(kreisher030421Li)
(Posted: March 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to prove prima facie case; exchange of nude photographs with minor while engaging in sexually explicit conversations as establishing elements of sexual abuse of children; proof of crime without actual photographs; mere speech as criminal violation where crime focuses directly on verbal communication
(vaughn022621L)
(Posted: March 4th 2021)
Criminal:
Habeas corpus petition; sufficiency of evidence to establish a prima facie case that defendant made an actual or
constructive transfer of a controlled substance; admissibility of hearsay evidence to which there was no objection; change in law on issue of whether a prima facie case could be established solely by hearsay testimony; preservation of issue
(Shadd022621L)
(Posted: March 4th 2021)
Cosentine vs. Burch, The Smith-Burch Agency, LLC and The Farmers Fire Insurance Company
2.25.2021
Eric R. Linhardt
Civil:
Summary judgment motion; fire insurance coverage issue; effect of an insurance binder; express or implied authority of broker to issue insurance binder; motion to amend complaint; proposed amendment against a positive rule of law; nonfeasance as a basis for negligence claim; special relationship; imposition of duty on insurance company to quickly process endorsement requests; timeliness of request to amend; prejudice
(cosentine022521Li)
(Posted: March 4th 2021)
Criminal:
Suppression motion; defective search warrant; incorrect address on warrant; no ambiguity about location where
criminal activity occurred; reasonable mistake
(fleming022621L)
(Posted: February 27th 2021)
Criminal:
Suppression motion; custodial interrogation; reasonable belief that freedom of action or movement was restricted; impartial investigation into defendant's connection, if any, to injuries; totality of circumstances; knowing and intelligent waiver of Miranda rights; voluntariness of confession
(vaughan022521L)
(Posted: February 27th 2021)
Criminal:
Petition for writ of habeas corpus; sufficiency of evidence to establish a prima facie case where case is based on hearsay alone; evidence elicited by defense counsel and admitted without objection; waiver of objections
(strickland022421L)
(Posted: February 24th 2021)
Civil:
Preliminary objections to new matter; failure to plead material facts supporting affirmative defenses; boilerplate defenses; liberality of rules allowing amendment based on facts learned in discovery
(stetts022421Li)
(Posted: February 24th 2021)
Criminal:
Motions for return of property; timeliness; waiver by Commonwealth by asserting a defense
(best021021L)
(Posted: February 23rd 2021)
Criminal:
Motion for nominal bail pursuant to rule 600(B); applicability to proceedings related to violations of parole or probation; suspension of rule 600 due to COVID-19; continuance requested by defendant
(reid021021L)
(Posted: February 23rd 2021)
Criminal:
Habeas corpus petition; prima facie case of cruelty to animals and theft offenses relating to taking and mistreating cows and tampering with evidence; reliance on circumstantial evidence
(Colatosti021921bt.)
(Posted: February 23rd 2021)
Criminal:
Suppression motion; police interrogation; constitutionally deficient Miranda warnings; conduct of experienced and trained law enforcement officer using techniques to lower defendant's anxiety level and to build rapport and designed to deemphasize warnings; analysis of post-waiver conduct to determine whether defendant's decision to waive rights was made knowingly, intelligently and voluntarily; coercive or manipulative interrogation; unambiguous assertion of right to remain silent; significance of request of defendant to speak to his parole officer during questioning; per se request to remain silent or for an attorney; voluntariness of consent to search; mere presence of police constituting coercion; observation of evidence in plain view; lawful protective sweep; specificity of apartment address in search warrant; minimal error; relevance of information omitted from or misstated in probable cause affidavit
(Stroup021721L)
(Posted: February 18th 2021)
Civil:
Post-trial motions; motion for judgment N.O.V.; waiver of issues not briefed; motion for new trial for verdict against the weight of the evidence; court's authority to upset a verdict; verdict so contrary to evidence as to shock one's sense of justice; jury's evaluation of evidence of contributory negligence of failing to read warning labels; sufficiency of evidence supporting consortium claim; propriety of court's refusal to grant mistrial because defendant did not appear at trial due to fear of exposure to COVID-19; appropriateness of court instructions to jury on absence of defendant from courtroom; court's mitigation of health risks in courtroom; constitutional right to appear at trial; waiver of objections to closing statement due to failure to object; deficient jury instructions; admissibility of old crimen falsi convictions to attack credibility of party where credibility is crucial issue in case; pattern of dishonest behavior; consideration of potential prejudice; manifestly excessive award; motion for remittitur; sufficiency of evidence to support verdict; leave to submit supplemental reasons after trial is transcribed
(getting021221Li1)
(Posted: February 13th 2021)
Civil:
Motion to mold verdict to correct the name of party; timeliness; making record accord with clear intention of jury; delay damages; loss of consortium damages in calculation; inclusion of time during which time calculations were suspended due to COVID-19; reduction of delay damages due to circumstances beyond the control of either party
(getting021221Li2)
(Posted: February 13th 2021)
Criminal:
Suppression motion; probable cause for search of residence; sufficiency of affidavit of probable cause for search warrant; reliance on uncorroborated hearsay of an unidentified informant; corroboration of credibility of confidential source; right to challenge omissions in affidavit of probable cause; conclusory attack on affidavit of probable cause
(Etumnu021021L)
(Posted: February 10th 2021)
Criminal:
Habeas corpus petition; prima facie case of possession of firearm; constructive possession of weapon found under passenger seat; totality of circumstances; circumstantial evidence; suppression motion; reasonable suspicion to ask defendant to exit vehicle for pat-down search; plainly visible firearm; disproportionately nervous passenger during routine traffic stop
(Moore020421bt)
(Posted: February 10th 2021)
Civil:
Post-trial motions; best evidence rule; waiver of issues not raised at trial; sufficiency of evidence of detrimental reliance; prescriptive easements traveling with the property; applicability of indemnification clause in agreement where signing party no longer had a legal interest in the dispute; easement attached to dominant estate; attorney fee award
(lehman020421Li)
(Posted: February 4th 2021)
Criminal:
Post conviction relief act petition; ineffective counsel; stipulation of serious bodily injury in attempted murder case, without consent of defendant and for no strategic reason; stipulation to application of deadly weapon enhancement without consent of defendant; enhancements within discretion of court; failure to appeal mistrial denial where juror made potentially prejudicial statements during voir dire; suggestive photo identification; refusal to allow argument that the shooting was done by another; prejudice; claimed ineffectiveness due to inability of counsel to find expert to testify on DNA evidence
(Washington020221bt)
(Posted: February 3rd 2021)
Criminal:
Appeal; sentencing discretion; oral motion to withdraw guilty plea at sentencing hearing based on claimed promise of time-served sentence; consideration of extended period without criminal activity; seriousness of crime foreclosing time-served sentence; waiver of consideration of electronic monitoring or house arrest for failure to request at time of sentencing; consideration of statutory sentencing factors; eligibility for a Recidivism Risk Reduction Incentive
(proctor020221L)
(Posted: February 2nd 2021)
Divorce:
Contempt petition; dispute concerning QDRO preparation and language
(McCarty012921t)
(Posted: February 2nd 2021)
Criminal:
Appeal; waiver of issues not raised in the lower court; definition of obscene materials to include direct electronic communications; obscene materials send as private, consensual communication; constitutional protection afforded to obscene materials
(alexander012821L)
(Posted: February 1st 2021)
Criminal:
Appeal; probation revocation; jurisdiction of the court; reasonable time for revocation of probation after expiration of probationary period; prejudice; excessiveness of sentence
(Mosteller123120bt)
(Posted: January 29th 2021)
Criminal:
Commonwealth motion to reconsider rule 600 calculation; timeliness of motion; waiver of procedural irregularity; due diligence with respect for obtaining evidence for hearing; defense counsel's approval or acceptance of request for delay
(strickland012621L)
(Posted: January 29th 2021)
Custody:
Grandparents' petition to intervene in custody case; standing as to one of the children with whom there is no biological relationship
(Ritter012521t)
(Posted: January 26th 2021)
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform parental duties; failure to maintain communication and association with child; failure to cooperate with Agency and other counseling or treatment agencies; conditions for termination of rights where child in agency care; serving the needs and welfare of the children; no existing bond with parent
(WH012621)
(Posted: January 26th 2021)
Criminal:
Motion to preserve evidence on victim's cell phone; preservation and disclosure in the interest of justice; fair play in light of the circumstances; equal playing field
(morehart012221L)
(Posted: January 24th 2021)
Civil:
Motion for judgment on pleadings; procedural appropriateness of filing motion for judgment on pleadings before answering the complaint; filing an answer after deadline expired
(Cavalry012121t)
(Posted: January 21st 2021)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; failure to perform parental duties for at least the six months preceding the filing of the petition; incarcerated parent; steps to rectify failures to parent child; no existing bond
(JW012021t.pdf)
(Posted: January 20th 2021)
Criminal:
Habeas corpus petition; prima facie case of murder, aggravated assault, and Involuntary manslaughter where there is evidence of the degree of force that must have been used to injure child and defendant is the only one with access; suppression motion; failure to advise of Miranda warnings before interviews; custodial questioning; voluntariness of appearance
(Forsyth011921bt)
(Posted: January 19th 2021)
Criminal:
Suppression motion; warrantless vehicle search; lack of exigent circumstances; ability of Commonwealth to predict change in law
(Shadd011921bt)
(Posted: January 19th 2021)
Criminal:
Appeal of denial of post conviction relief act petition; boilerplate allegations; failure to object to prosecutorial argument about sending a message to the community; context of argument, sending message to defendant and not to community or justice system; mistrial for errant playing of excluded recording; prejudice involving brief and innocuous incident; ability to call witness on direct where right of cross-examination forfeited by wrongdoing; waiver of forfeiture argument by failing to attempt to call witness; forfeiture of all rights to examine witness due to wrongful acts; discretion of court to determine relevancy of evidence; hearsay; out-of-court statement offered to explain a course of conduct; harmless error; proof of judge shopping where Commonwealth requests judge be disqualified from all cases; issue previously litigated; prejudice in failing to call witness; reasonable basis for not calling witness; after discovered evidence; evidence that could have been obtained prior to trial through reasonable diligence
(martin011221L)
(Posted: January 12th 2021)
Civil:
Preliminary objections; rescission of automobile insurance contract after motor vehicle accident; indispensable party; alleged misrepresentations relating to the issuance of the policy; joinder of all parties to an insurance contract as necessary parties; defamation claim related to reports made to Pennsylvania Attorney General's office; sufficiency of pleading to state allegation of lack of probable cause, that overcomes statutory immunity
(Randazzo010521t)
(Posted: January 5th 2021)
Criminal:
Suppression motion; parole officer interaction with parolee due to failure to report; specific and articulable facts
leading to belief that defendant is in possession of prohibited items; necessity of safety search
(Wilson122320L)
(Posted: December 24th 2020)
Criminal:
Suppression motion; reasonable suspicion for detention; probable cause for warrantless search of person; reliability of information in anonymous telephone tip
(FOSTER122320L)
(Posted: December 24th 2020)
Adoption:
Petition by agency for involuntary termination of parental rights; failure to perform any and all parental duties; failure to maintain communication and association with children; acts of refusal as well as incapacity to perform parental duties; termination of rights of presumptive father; conditions for termination of rights where child in agency care; serving the needs and welfare of the children; no existing bond with parents
(DS122220t.pdf)
(Posted: December 22nd 2020)
Civil:
Preliminary objections; duty of city to maintain traffic lights; general averments of improper design of streets, crosswalks, pathways, or traffic signals; use of boilerplate phrase "including but not limited to"; specificity of complaint; amendment of complaint; viability of non-medical incidental expenses under the Political Subdivision Tort Claims Act
(Strothers121520Li)
(Posted: December 22nd 2020)
Civil:
Motion to compel settlement; settlement agreements interpreted under principals of contract law; existence of viable offer to settle; email exchanges of draft settlement agreements; draft agreement incorporating opposing party's proposed revisions as offer to settle
(Turnkey121520Li)
(Posted: December 22nd 2020)
Criminal:
Post conviction relief act petition; issues previously litigated; waiver; ineffective counsel claims; objection to jury charge where the law was accurately given to the jury; clarifying instructions given to jury outside of presence of defendant; prejudice; harmless error
(Spencer121520L)
(Posted: December 16th 2020)
Criminal:
Post conviction relief act petition; timeliness; court jurisdiction; claimed excuse of closure of prison library due to COVID-19 limitations; necessity to use law library
(Sturgis121520L)
(Posted: December 15th 2020)
Criminal:
Post conviction relief act petition; timeliness; waiver
(Boone121520L)
(Posted: December 15th 2020)
Criminal:
Motion to suppress; probable cause for arrest suspect who fled police and discarded plastic bags with white substances; voluntarily and spontaneously made statements
(Etumnu121520L)
(Posted: December 15th 2020)
Criminal:
Appeal; remand for recusal hearing at which judge and his legal intern were witnesses; issue regarding ex parte conversation between juror and judge during break in trial; harmless error; prejudice; juror's dismissal from case before deliberations
(Sailor120720grine)
(Posted: December 15th 2020)
Family:
Appeal of denial of protection from abuse order; credibility of witnesses
(Hill120920t)
(Posted: December 11th 2020)
Custody:
Petition for contempt of custody order that requires child to attend Jersey Shore schools; failure of order to contemplate a worldwide pandemic; arrangements for the child's schooling not meeting school's requirements
(Beamer120320t)
(Posted: December 4th 2020)
Criminal:
Suppression motion; reasonable suspicion; warrantless vehicle search; protective search based on nervousness of defendant; officers having control of vehicle and operator at time of search
(McCloe113020bt.pdf)
(Posted: December 2nd 2020)
Evans vs. Lavallee, Pastore, Adkins, Williamsport Hospital; UPMC Susquehanna; Anesthesia Associates
12.2.2020
Eric R. Linhardt
Civil:
Preliminary objections; punitive damage claim in medical malpractice case
(Evans120120t)
(Posted: December 2nd 2020)
Custody:
Petition to intervene filed by unrelated caregiver; best interest of the child; stringent test for standing in third-party suits for visitation; opposition of custodial grandparent; duties typical of babysitter
(Hill111920t)
(Posted: November 24th 2020)
Adoption:
Appeal
(DD123111820t)
(Posted: November 24th 2020)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of court
(Mead112320L)
(Posted: November 23rd 2020)
Criminal:
Second post conviction relief act petition; timeliness; jurisdiction; already served sentence; claims previously litigated or waived
(Lattimore112020L)
(Posted: November 21st 2020)
Civil:
Motion for judgment on the pleadings; expiration of statute of limitations for claims for breach of fiduciary duty, undue influence, fraud and conversion; statute of limitations for claims of unjust enrichment and breach of contract where the contract is continuous; factual issues
(Hoagland111920L)
(Posted: November 19th 2020)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; presumption; failing to file suppression motion; admissions made at guilty plea hearing; prejudice causing an involuntary or unknowing plea; credibility of defendant's testimony; issues of viability of line-up identification where defendant was photographed committing the crime; exigent circumstances for warrantless search; ineffectiveness for failing to request sentences to run concurrently
(williams111218L)
(Posted: November 19th 2020)
Criminal:
Post conviction relief act petition; ineffective assistance of counsel; failure to raise issues during suppression hearing; probable cause for search; reasonableness of police action regardless of the officer's state of mind, if evidence viewed objectively justifies action; totality of circumstances; lack of prejudice
(kellam111220L)
(Posted: November 19th 2020)
Criminal:
Appeal; sufficiency of trial evidence of involuntary deviate sexual intercourse, where the testimony established oral sex by 27 year old defendant with 14 year old victim
(Lowmiller111020bt)
(Posted: November 10th 2020)
Criminal:
Motion in limine; bad acts testimony; timeliness of notice; prejudice due to close trial date; adequate legal grounds for bad acts evidence; evidence probative value far outweighed by potential for unfair prejudice
(Smith110920L)
(Posted: November 9th 2020)
Criminal:
Appeal; motion to enforce plea agreement; offer rescinded before acceptance; considerations of fundamental fairness or the interests of justice; ineffective counsel; lack of prejudice
(Lowmiller110420L)
(Posted: November 9th 2020)
Civil:
Emergency motion to stay order of possession of rental property; effect of CDC order staying evictions for the non-payment of rent for "covered persons"; month-to-month lease; eviction for violation of lease terms; alleged pretextual reasons for eviction; statutory construction
(Eck110920Li)
(Posted: November 9th 2020)
Criminal:
Post-sentence motion in arrest of judgment; sufficiency of evidence; criminality of conduct involving uttering or publishing text messages utilizing language suggesting a sexual encounter with a 15 year old
(Alexander102620L)
(Posted: November 5th 2020)
Criminal:
Appeal; challenge to sentence that required prison sentence for DUI to be served consecutive to sentence imposed for separate DUI conviction; discretion of court; volume discount for crimes; consideration of sentencing factors
(Biichle102620L)
(Posted: November 5th 2020)
Civil:
Motion to compel discovery; access to records from Pennsylvania Prescription Drug Monitoring Program; confidentiality of data; statutory intent; merely duplicative information; access to downloaded copies of all plaintiff's social media postings; threshold showing of relevance; request stated with particularity necessary to avoid undue embarrassment and burden
(Harkey102720Li)
(Posted: November 5th 2020)
Criminal:
Post conviction relief act petition; ineffective counsel; failing to request a psychiatric evaluation and failing to request a competency hearing; knowing, intelligent and voluntary guilty plea; admissions in guilty plea colloquy concerning lack of mental issues; duty of counsel to undertake reasonable investigations; adequacy of record without hearing
(williams110420L)
(Posted: November 4th 2020)
Civil:
Consolidation motion; evidence of each of the offenses would be admissible in a separate trial for the other; probative value of the evidence outweighs its potential for unfair prejudice; similarity of offenses; common scheme or plan to sell narcotics; judicial economy
(Jones110320bt)
(Posted: November 3rd 2020)
Family:
Appeal; timeliness of appeal; use of hearsay statements of child in protection from abuse matter; tender years hearing; issue raised for first time on appeal; failure of statements of child to describe any criminal offenses; unavailability of child as witness
(ma102820m)
(Posted: October 30th 2020)
Adoption:
Petition by agency for involuntary termination of parental rights; children victims of neglect and physical abuse; failure to perform any and all parental duties; failure to maintain communication and association with children; acts of refusal as well as incapacity to perform parental duties; proof of repeated and continued incapacity, abuse, and neglect; serving the needs and welfare of the children; no existing beneficial bond with parents
(DD102920t)
(Posted: October 29th 2020)
Family:
Appeal; competency of child witness; interview with judge demonstrating immaturity of minor child and the unreliability of testimony
(Adams102820t)
(Posted: October 28th 2020)
Family:
Appeal of denial of protection from abuse order; credibility of witnesses; consideration of "indicated abuse" finding of department of children and youth; consideration of defendant's prior indecent assault conviction; admissibility of video by defendant where plaintiff opened the door by referring to the video in her testimony
(Leonard102720t)
(Posted: October 28th 2020)
Civil:
Preliminary objections; punitive damages in lack of informed consent claim; lack of informed consent pleaded as negligence claim; specificity of allegations
(fritz102820Li)
(Posted: October 28th 2020)
Criminal:
Post conviction relief act petition; ineffective counsel for failure to call witness; presumption of effective counsel; prejudice to defendant; reasonable basis for decision not to call witness; failure to request mistrial for innocuous error of playing inadmissible recorded statement
(Martin102720L)
(Posted: October 27th 2020)
Criminal:
Appeal; claimed manifestly excessive and unduly harsh sentence for probation violation; amenability to supervision; ignoring conditions and obligations of supervision
(Fisher102720L)
(Posted: October 27th 2020)
Barnes and Ames vs. Williamsport Petroleum, Inc., Sunoco Retail, LLC and Shah
10.22.2020
Eric R. Linhardt
Civil:
Preliminary objections to new matter; affirmative defenses asserted as boilerplate legal conclusions; viability of case authority in light of rule revision; onus on plaintiffs to conduct extensive discovery to disprove factually unsupported allegations
(barnes102220Li)
(Posted: October 22nd 2020)
Civil:
Motion to change venue for forum non conveniens; forum selection clause; possibility of need for premises inspection; coordination of cases in Lycoming County; factors to be considered; potential delay of scheduled trial
(North101320t)
(Posted: October 14th 2020)
Custody:
Appeal of protection from abuse determination; motion for stay of custody matter; impact of appeal on separate matter
(Hasselman100520t)
(Posted: October 13th 2020)
Adoption:
Petition for involuntary termination of parental rights; settled purpose of relinquishing parental claim; no obstacles in Father's path that would prevent him from exercising his parental rights; non-appearance at hearing; no existing bond
(AdoptionofLRD109520m)
(Posted: October 6th 2020)
Criminal:
Commonwealth's motion to dismiss pretrial motions; timeliness of motions; issues addressed by court in deciding previous motion; interest of justice; newly retained counsel filing substantially similar motions; boilerplate motion
(Choice100220L)
(Posted: October 6th 2020)
Custody:
Appeal of interim custody order; failure to file rule 1925 statement; final order
(TC100520m)
(Posted: October 6th 2020)
Kleinhans vs. Doe, Chubb Limited Insurance Company and Bankers Standard Insurance Company
10.2.2020
Ryan M. Tira
Civil:
Preliminary objections; failure to attach police report to complaint in claimed hit and run accident; sufficiently of pleading of fraudulent or deceptive conduct under Unfair Trade Practices and Consumer Protection Law; failure to attach insurance contract to complaint; sufficiency of claim of bad faith where allegation is of failure to act;
(Kleinhans100220t)
(Posted: October 3rd 2020)
Adoption:
Petition for involuntary termination of parental rights; grandparent adoption; settled purpose of relinquishing parental claim; non-appearance at hearing; no existing bond
(AdoptionofBJW100220m)
(Posted: October 3rd 2020)
Custody:
Motion for reconsideration and for new trial of custody complaint; authentication of text messages; credibility issues; relevancy of drug testing on date of hearing where issue is drug use in the past
(Walther092820t)
(Posted: September 28th 2020)
Civil:
Motion for extension to file certificate of merit in medical malpractice suit involving prisoner; request for waiver; failure to show good cause
(Millhouse092520t)
(Posted: September 25th 2020)
Divorce:
Application of divorce settlement agreement; reasonableness of costs associated with sale of marital residence
(Snyder092420t)
(Posted: September 25th 2020)
Criminal:
Petition for review of private criminal complaint disapproval; claimed assault of prison resident by correctional officers; disapproval based on a hybrid of legal and policy considerations; discretion of district attorney; sanctions for delayed response to petition
(bean092520L)
(Posted: September 25th 2020)
Criminal:
Habeas corpus petition; hearsay evidence to establish prima facie case; sufficiency of evidence of delivery of a controlled substance
(Jackson091020L)
(Posted: September 25th 2020)
Criminal:
Writ of Quo Warranto/Prohibition/Error addressed as petition under the post-conviction relief act; eligibility to file petition; defendant no longer serving a sentence; issues previously litigated or waived; constitutionality of serving a sentence requirement
(Hill091020L)
(Posted: September 25th 2020)
Civil:
Preliminary objections; interpretation of contract; mandatory mediation clause; waiver by failing to timely raise issue in first filed preliminary objections; failure to attach written agreement to complaint; effect of defendant's scheduling of a deposition on attempt to enforce mediation clause
(Fenstamaker092220m)
(Posted: September 23rd 2020)
Civil:
Non-jury verdict; quiet title action; hearsay evidence; ancient document exception; sufficiency of evidence of authenticity of history book or testimony ensuring reliability of the documents; claimed easement by estoppel over roadway; irrevocable license; substantial expenditure in reliance on license; contract interpretation; indemnification obligation
(Lehman092220Li)
(Posted: September 22nd 2020)
Criminal:
Suppression motion; vehicle search; probable cause; items commonly used to process and package cocaine in plain view; sufficiency of affidavit of probable cause for search warrant; ignoring misstatements in affidavit where the remaining statements provide sufficient probable cause; reliability of informants
(Smith092120L)
(Posted: September 21st 2020)
Danko Holdings, LP and Klingerman vs. J.C. Forestree Inc., Corl and Wheeland Lumber Company
9.14.2020
Marc F. Lovecchio
Civil:
Petition to compel arbitration; Pennsylvania Uniform Arbitration Act; waiver by participating in pleading and motions practice, and by engaging in discovery; requesting arbitration only as an alternative to its preferred option of winning a favorable ruling from the trial court
(Danko091420L)
(Posted: September 16th 2020)
Family:
Protection from abuse hearing; competency of child to testify; admissibility of child's hearsay statement; susceptibility to suggestions made by the questioning
(MA090920t)
(Posted: September 12th 2020)
Criminal:
Habeas corpus petition; sufficient evidence to establish attempted murder; specific intent requirement; firing a deadly weapon out of a vehicle at a group of four individuals; recklessly endangers another person; prima facie case
(Artley091120BT)
(Posted: September 12th 2020)
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