Lycoming County Court Opinions
The database contains over 6000 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 for class certification; claim for reimbursement of tuition and fees paid for college students in light of move to remote learning during COVID-19 pandemic; standards applicable to class certification; inclusion of non-students, who may have paid costs for students, in a class where such persons cannot be identified and had no contract with college; determination of commonality, without necessity to establish the merits of the case; adjustment of classes after discovery to address differences in a particular student's experience; student demonstrating typicality, in that his overall position on common issues is sufficiently aligned with that of absent class members; lack of conflict of interest between interests of proposed class representative and those of the persons whom he seeks to represent; need for discovery to determine whether common questions of law and fact predominate over individual questions; risk of inconsistent or varying adjudications; appropriateness of forum; prohibitive cost to adjudicate claims individuality
(Lawson122624Li)
(Posted: December 27th 2024)
Criminal:
Amending criminal information to support actual facts adduced at hearing; habeas corpus petition; prima facie case for criminal attempt-sexual assault; motion to sever sexual assault counts from drug charges where drug use is interwoven with sexual offenses,
(Graves122024t)
(Posted: December 26th 2024)
Criminal:
Suppression motion; probable cause to conduct a warrantless arrest; sufficiency of evidence supporting claim that defendant delivered drugs or received money for drugs; habeas corpus petition; prima facie case of drug offenses where the only evidence is suppressed
(Quartman121824t)
(Posted: December 26th 2024)
Criminal:
Suppression motion; sufficiency of affidavit of probable cause to issue search warrant as to a particular house; drug sales, with defendant leaving the house in question to deliver drugs; substantial nexus between suspect's home and criminal activity or contraband
(Jefferies122024t)
(Posted: December 26th 2024)
Criminal:
Habeas corpus petition; endangering welfare of child charges related to failure to provide care to newborn child; allowance of amicus brief by American College of Obstetrics and Gynecology regarding criminalizing behavior of women with adverse pregnancy outcomes; criminal liability for conduct during pregnancy that affects unborn child; liability for act of omission in failing to obtain medical care for child; knowing breach of duty to care for child; proper grading of offense where no course of conduct is established; suppression motion; probable cause to issue search warrants; use of a search warrant as a general investigatory tool; validity of search warrants issued without evidence of a crime, or to investigate conduct that cannot constitute a crime
(Truax121724bt)
(Posted: December 22nd 2024)
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 contact with child since 2012; failure to appear at termination hearing; existence of bond
(LM120224RG)
(Posted: December 22nd 2024)
Divorce:
Appeal; use of parol evidence if the terms of a contract are ambiguous, because they are subject to more than one reasonable interpretation when applied to a particular set of facts
(Vosk120324RG)
(Posted: December 22nd 2024)
Criminal:
Suppression motion; reasonable suspicion to detain defendant; totality of the circumstances suggesting criminal activity; probable cause for arrest where canine alerted to the presence of narcotics
(Huyck120624RG)
(Posted: December 22nd 2024)
Criminal:
Post conviction relief act petition; timeliness; statutory exceptions to time requirements; jurisdiction of court
(Belton121724bt)
(Posted: December 17th 2024)
Criminal:
Suppression motion; probable cause for traffic stop where driver crossed the fog line 3 times and was driving too closely to a vehicle; reasonable suspicion to conduct sobriety tests where officer observes erratic driving, defendant's glassy, blood shot eyes and dilated pupils, and smelled alcohol, with an admission of having been drinking
(Laielli120924t)
(Posted: December 16th 2024)
Criminal:
Commonwealth appeal of suppression decision; probable cause for issuance of search warrant; sufficient nexus between defendant's drug dealing activities and place to be searched; use of commonsense approach to review of facts; reliability of confidential informant's information
(Bentley120924bt)
(Posted: December 16th 2024)
Criminal:
Suppression motion; reasonable suspicion for traffic stop where vehicle stops for 3 seconds at flashing yellow traffic light
(Jackson121124t)
(Posted: December 16th 2024)
Criminal:
Objection to restitution; restitution order based on estimate to repair an unrepaired vehicle; reasonableness of estimate, that was not based on speculation, but an evaluation of damages to vehicle
(Rowland111224t.pdf)
(Posted: December 6th 2024)
Criminal:
Motion to dismiss under rule 600; computation of time attributable to the parties; delays caused by court scheduling delays
(Sanchez120424C)
(Posted: December 5th 2024)
Criminal:
Severance motion; consolidation of separate criminal informations where the evidence of each offense would be admissible in a separate trial for the other and is capable of
separation by the jury so that there is no danger of confusion
(Matty120424C)
(Posted: December 5th 2024)
Criminal:
Appeal of denial to challenge to registration requirements; coordinate jurisdiction rule applicability where there is an intervening change in the law; applicability of SORNA II registration requirements passed after sentencing; ex post facto law; nonpunitive nature of registration requirements; withdrawal of trial counsel after appeal filed; waiver of issues not raised in trial court; ineffective counsel
(Mead112124bt)
(Posted: December 4th 2024)
Jersey Shore Area School District vs. Jersey Shore Area Education Association
12.2.2024
Eric R. Linhardt
Civil:
Petition to vacate or modify arbitration award; termination of bargaining unit member without due process hearing; scope of arbitrator's authority; decision to estop district from ever terminating the employee rationally derived from bargaining agreement; mere delay as prejudice; curing a procedural defect by having a "do over."
(JSASD120224Li)
(Posted: December 4th 2024)
Balsamo vs. Epic Construction Specialties, LLC; Epic Construction Fabrications, LLC and Springman
12.2.2024
William P. Carlucci
Civil:
Non-jury trial; claim of breach of construction contract - breach of warranty; failure to alert utility companies of excavation prior to work; violation of Pennsylvania Home Improvement and Consumer Protection Law and Unfair Trade Practices and Consumer Protection Law; gist of the action doctrine precluding tort claims; personal liability of LLC member on contract claim against LLC;
(Balsamo120224C)
(Posted: December 3rd 2024)
Criminal:
Suppression motion; adequacy of affidavit of probable cause to support issuance of search warrant; common-sense, non-technical review of the facts; substantial nexus between place to be searched and criminal activity; duty to disclose all exculpatory evidence to a defendant prior to trial, including confidential informants, when a defendant establishes material need and reasonableness
(Harris112624t)
(Posted: November 26th 2024)
Kumud Hospitality LLC and Jadav vs. SSN Williamsport LLC, SSN Hotel Management LLC and Bhaisadswala
11.25.2024
Eric R. Linhardt
Civil:
Motion for judgment on the pleadings; res judicata effect of actions involving identical parties that were not decided on the merits; effect of failure to reply to new matter where no response is required; deemed denial of new matter; capacity to sue of company that registers to do business in Pennsylvania after commencement of suit; viability of Unfair Trade Practices and Consumer Protection Law claim to address business dispute; dismissal of claim due to expiration of statute of limitations where date that action accrued is disputed; determining gist of the action where fraud is alleged in the context of inducement to enter and performance of a contract; applicability of economic loss doctrine to claims where duties arise independently of contractual duties; factual issues about whether statute of limitations bars contract claim; pleading inconsistent claims; viability of stand-alone claims for breach of covenant of good faith and fair dealing
(Kumud112524Li)
(Posted: November 26th 2024)
Criminal:
Suppression motion; probable cause to effectuate traffic stop where officer observes a traffic violation that is remedied before the stop
(Hunter111824C)
(Posted: November 20th 2024)
Susquehanna Legal Aid for Adults and Youth vs. Winkleman and the Pajama Factory, LLC and P.J. Holding, LLC
11.18.2024
William P. Carlucci
Civil:
Preliminary injunction hearing; required elements necessary to support the issuance of a preliminary injunction; potential eviction of tenants due to code official's eviction notice; lack of immediate threat of eviction due to action taken by landlord to stay the eviction
(SLAAY111924C)
(Posted: November 19th 2024)
Criminal:
SVP hearing request; substantial delay after sentencing; determination of statutory purpose; jurisdiction of court to consider a collateral consequence of conviction, after sentencing; defendant's awareness of the applicability of SORNA to him at time of sentencing; effective waiver of SVP timing requirements by objecting to hearing based on now overruled precedent; lack of prejudice; use of stale SVP assessment going to weight and not jurisdiction of court
(webb102824Li)
(Posted: November 19th 2024)
Criminal:
Suppression motion; sufficiency of information to establish probable cause to issue search warrant; common sense reading of affidavit of probable cause
(Palmer111924bt)
(Posted: November 19th 2024)
Criminal:
Motion requesting notice of bad acts evidence; motion to correct grading of offense in information; habeas corpus petition; evidence of kissing victim sufficient to support indecent assault charge, where such contact was common at her place of employment
(Cracchiolo110624t)
(Posted: November 12th 2024)
Criminal:
Suppression motion; stale information in affidavit of probable cause for search warrant; totality of circumstances test; old information used for corroboration purposes; sufficiency of evidence for issuance of search warrant; substantial basis for concluding that probable cause existed; legality of search of cell phone; applicability of plain view doctrine to view of contents of cell phone; hone fruit of the poisonous tree; disclosure of Brady material in discovery
(Carter110624t)
(Posted: November 12th 2024)
Adoption:
Motion for reconsideration of finding of juvenile dependency; jurisdiction to modify collateral order more than 30 days after issuance; no dispute as to facts supporting finding of aggravated circumstances; lack of basis to attempt to preserve the family through reunification
(InReH.E.110524C)
(Posted: November 11th 2024)
Civil:
Motion in limine; preclusion of evidence that is not persuasive; determination of weight of evidence; avoiding prejudice due to late disclosure of expert testimony
(Engel102524C)
(Posted: October 28th 2024)
Criminal:
Motion for sexually violent predator hearing due to conviction for possession of child pornography; remand on appeal; delayed hearing as violating procedural due process rights; effective waiver of timing requirements for SORNA hearing; lack of prejudice due to delay; jurisdiction of the court to hold hearing
(ultsh202524Li)
(Posted: October 26th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; no settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; minimal or no compliance with the permanency plan; non-apearance at court hearing; existence of bond between child and parent that is worth saving
(AdoptionBJ101824t)
(Posted: October 26th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections; demurrer to tort claims based on worker's compensation immunity; elements of statutory employer immunity; subject matter jurisdiction; fact issues to be determined by limited discovery.
(wright102324C3)
(Posted: October 24th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections; personal jurisdiction over defendant; corporation carrying on of a continuous and systematic part of its general business within this Commonwealth; jurisdiction over a corporation with a registered office in Pennsylvania; discovery on jurisdictional issues.
(wright102324C2)
(Posted: October 24th 2024)
Wright vs. Massaro Corporation vs. Steel Supply & Engineering Co. vs. Century Steel Erectors Company
10.23.2024
William P. Carlucci
Civil:
Preliminary objections to complaint joining an employer in a work injury claim; bar to joinder of additional defendant for direct liability after the statute of limitations has expired; waiver of worker's compensation act protections by way of written indemnification contract; specificity of employer's waiver of immunity; contract interpretation.
(wright102324C1)
(Posted: October 24th 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of reckless endangerment where defendant drove passenger occupied vehicle erratically and threatened to crash it; due process issue concerning notice to defendant of rescheduled preliminary hearing
(Kline101524bt)
(Posted: October 15th 2024)
Susquehanna Legal Aid for Adults and Youth vs. Winkelman and The Pajama Factory, LLC and P.J. Holding, LLC
10.11.2024
William P. Carlucci
Civil:
Preliminary injunction petition; claims that defendant damaged plaintiff's reputation by comments in the press is compensable with money damages and is not a basis for a preliminary injunction; while city action that would force mass eviction of tenants might not be compensable with damages, the harm is not immediate as there is no imminent threat of eviction
(SLAAY101124C)
(Posted: October 11th 2024)
Criminal:
Undisputed habeas corpus petition; pretrial discovery
(walter100424t)
(Posted: October 9th 2024)
Criminal:
Suppression motion; probable cause for search warrant; standing to object to search; automatic standing in possessory crimes; distinction between theft and attempted theft charges; existence of privacy interest in property of spouse
(Dickerson100424t)
(Posted: October 9th 2024)
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 contact with child since 2022; failure to appear at termination hearing; existence of bond
(APJ100424RG)
(Posted: October 7th 2024)
Criminal:
Motion to dismiss juvenile matter due to outrageous governmental conduct; intentionally withholding independently corroborated information that the juvenile was misidentified; high threshold to establish outrageous governmental conduct; suppression motion related to issuance of search warrant due to omission of relevant information from the affidavit of probable cause; suppression of fruit of the poisonous tree
(MJ092424RG)
(Posted: October 7th 2024)
Criminal:
Suppression hearing; knock and announce rule; reasonable amount of time to wait before forcing entry to home; exigent circumstances related to reasonable concern for safety or potential destruction of evidence; suppression as appropriate remedy; burden of proving compliance with knock and announce rule
(Gainey100224bt)
(Posted: October 7th 2024)
Criminal:
Habeas corpus petition; prima facie case of conspiracy to deliver drugs where defendant answered her phone and the phone was handed to another who used it to arrange a drug sale; use of hearsay evidence to identify perpetrator; evidence that defendant knew of a crime or was present as sufficient evidence to charge as accomplice
(Shearer092524bt)
(Posted: October 1st 2024)
Civil:
Summary judgment motion; landlord liability for dog bite; actual knowledge of dog's violent propensity; fact issue; right to take the premises
(Speece092724C)
(Posted: October 1st 2024)
Bartley, Doe and Colonial Radio Group of Williamsport, LLC vs. Webb, Webb Weekly and Dixon
9.27.2024
Eric R. Linhardt
Civil:
Recusal motion; conscientious determination of ability to assess case before the court in an impartial manner, free of personal bias or interest in the outcome; impartiality reasonably questioned; appearance of impropriety
(Bartley092724Li)
(Posted: September 28th 2024)
Divorce:
Interpretation of prenuptial agreement provision relating to alimony; definition of "financial net worth"; intent of the parties; interpretation consistent with meaning of other provisions of the agreement
(Vosk090624RG)
(Posted: September 24th 2024)
Criminal:
Post conviction relief act petition; claim of ineffective counsel; knowing, intelligent, and voluntary guilty plea; admission of guilt during colloquy; waiver of entrapment claim; defendant afforded opportunity to commit crime, without any false representations; Second Amendment right for felon to possess gun
(Monroe092324bt)
(Posted: September 24th 2024)
Gilbert vs. UPMC Williamsport, Williamsport Hospital , Susquehanna Health System and Geisinger Medical Center vs. Lamade, Basinda and Byler
9.16.2024
Eric R. Linhardt
Civil:
Preliminary objections to joinder complaint; timeliness; ability of additional defendants to complain about reasonable justification for their late joinder; consent of the parties to late joinder and approval of the court; statutory construction; prejudice where discovery has not concluded and the statute of limitations as not run; sufficient specificity of joinder complaint that incorporates allegations of complaint
(Gilbert091624Li)
(Posted: September 17th 2024)
Kieser vs. Beyer, UPMC Muncy, Emergency Care Services of Pa., Team Health Holdings, Inc., Bresticker and Family Practice Center, PC
9.11.2024
Eric R. Linhardt
Civil:
Plaintiff's preliminary objections to new matter; specificity of attribution of negligence to another person or entity; need to plead facts supporting new matter defenses
(kieser091124Li)
(Posted: September 11th 2024)
Criminal:
Appeal of habeas corpus petition dismissal; timeliness of appeal; preservation of issues; waiver; timeliness of objection to sexually violent predator designation filed 16 years after sentence; timeliness of post conviction relief act petition; exceptions to time requirements; waiver for failure to first raise issue on direct appeal; failure of claims on the merits; criteria for finding of sexually violent predator
(Fields090924bt)
(Posted: September 11th 2024)
Civil:
Summary judgment motion; contract interpretation; questions of fact as to whether provisions of the original contract survived due to incorporation clauses in addendums, where the provisions were not consistently followed; viability of equitable recoupment claim
(Engel091124C)
(Posted: September 11th 2024)
Criminal:
Appeal; classification as sexually violent predator; burden of proof; assessment of expert testimony on meeting statutory criteria
(Stowe081624t.)
(Posted: August 27th 2024)
Custody:
Preliminary objections to custody complaint; standing of transgender person who claims in loco parentis status; parties acting as family unit, acting as parents and discharging parental obligations
(Steppe082024GR)
(Posted: August 27th 2024)
Wills and Estates:
Motion for counsel fees; arbitrary, vexatious or bad faith conduct supporting an award of counsel fees; mere lack of adequate evidentiary support for claims asserted
(Girio082624C)
(Posted: August 26th 2024)
Wills and Estates:
Objections to first and final account; expenses to maintain real property that executrix delayed selling; overestimation of property value for tax purposes; reasonableness of attorney and executor fees; use of sliding scale to justify attorney's fees where fees were not based on actual services provided; sufficiency of justification for executor's fees, for ministerial work or work necessitated due to her own delay; sufficiency of evidence of value of property, at time of death
(Nichols082324C)
(Posted: August 23rd 2024)
Criminal:
Habeas corpus petition; prima facie case of assault-physical menace; terroristic threats and disorderly conduct where defendant aggressively and angrily exited his residence, walked across a porch and stared directly at a Children & Youth worker while holding a gun; inferences supporting charges
(Riley082024bt)
(Posted: August 21st 2024)
Criminal:
Motion to recuse Lycoming County District Attorney office; evidence of personal relationship of District Attorney candidate to murder victim and his pre-election involvement with the case; criteria for recusal of entire office where District Attorney must recuse himself; existence of actual conflict of interest; preclusion of recused attorney from access to file or decision-making process
(Michaels081924t.)
(Posted: August 19th 2024)
Civil:
Summary judgment motion; ejectment of deceased's companion from estate owned real estate; claimed common law marriage; evidence of present intent to marry; duty to pay rent to estate for occupancy prior to ejectment
(Girio081524C)
(Posted: August 16th 2024)
Kramer vs. Muccy Township Zoning Hearing Board; Solar Renewable Energy, LLC vs. Muncy Township Zoning Hearing Board
8.13.2024
William P. Carlucci
Administrative Appeal:
Appeal of deemed approval of special exception for construction of Principle Solar Energy System; de novo hearing; meeting noise requirements of ordinance; enforcement of noise requirements after construction; timing of submission of contingency plan of emergency procedures; calculating impervious coverage; burden of proving that any glare produced does not have significant adverse impact on neighbors
(Kramer081324C)
(Posted: August 14th 2024)
Criminal:
Suppression motion; probable cause for search warrant; sufficiency of affidavit to establish nexus between drug dealing activities and a storage unit to justify issuance of search warrant; reliability of information from a confidential informant
(Bentley081224bt)
(Posted: August 14th 2024)
Criminal:
Motion for bail under rule 600; calculation of excludable time
(Nicholas081224bt)
(Posted: August 14th 2024)
Civil:
Non-jury trial in quiet title action; creation of prescriptive easement; irrevocable license; reliance
(Paucke081224C)
(Posted: August 12th 2024)
Civil:
Summary judgment motion; duty of defendant to act to prevent injury; record before the court; expert support for claim of negligence; lack of genuine issues of material fact
(Miller080524C)
(Posted: August 5th 2024)
Criminal:
Motion to enforce plea agreement; right to specific performance of an 'executory' agreement; objection of victim to verbal plea offer; detrimental reliance; no meeting of the minds
(George062824t)
(Posted: August 5th 2024)
Cooper/Youmans vs Pa Parole Board, Nicholas, Miller, Oliver, Fritz, Lee, Mayo and Carpenter
7.22.2024
Nancy L. Butts
Criminal:
Appeal of denial of habeas corpus petition; mootness; jurisdiction; credit for "dead time"; credit for time served; use of habeas corpus as a substitute for appellate review; applicability of deadlines for holding a preliminary violation hearing; timeliness of court decision
(Cooper072224bt)
(Posted: August 5th 2024)
Criminal:
Motion to amend information; timeliness of motion; prejudice; need for a second preliminary hearing
(Sanchez-Garcia080224C)
(Posted: August 2nd 2024)
Civil:
Summary judgment motion; time for filing motion; applicability of hills and ridges doctrine to slip and fall on covered porch
(johnson070824Li)
(Posted: July 23rd 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of cause of death in drug delivery involving death case; suppression motion; sufficiency of information of commission of a crime to establish probable cause for search warrant; motion in iimine to preclude evidence of crimes committed after the current offense; admissibility of use of same cell number to set up drug deals in subsequent case to show identity and a common scheme of dealing drugs
(Brown072324t)
(Posted: July 23rd 2024)
Criminal:
Suppression motion; reasonable suspicion for contact; mere encounter during which smell of marijuana was noted; consent for search
(Caraway072224t)
(Posted: July 22nd 2024)
Civil:
Suppression motion; reasonable suspicion to make vehicle stop; circumstances of identification and location of speeding vehicle prior to stop
(Gresh072224t)
(Posted: July 22nd 2024)
Criminal:
Suppression motion; probable cause to issue search warrant; totality of circumstances; nexus of criminal activity to place to be searched; triggering event necessary to activate anticipatory warrant; demonstrably false statements in affidavit of probable cause; habeas corpus petition; prima facie evidence of intent to deliver drugs; circumstantial evidence of possession
(Johnson071224bt)
(Posted: July 22nd 2024)
Criminal:
Habeas corpus petition; prima facie case of drug distribution where defendant identified by information from confidential informant and other supporting evidence; inferences concerning use of cell phone by defendant who was involved in drug transactions; disclosure of use of confidential informant
(Drummond071924t)
(Posted: July 19th 2024)
Criminal:
Motion to decertify to juvenile court; weight of factors to be considered; best interest of both defendant and public to obtain treatment and services in the juvenile system; lack of issues after reduction of bail and release; severity of crimes; sufficiency of time for treatment in juvenile system; availability of treatment in criminal system and higher chances of recidivism
(Witherspoon071724t)
(Posted: July 18th 2024)
Criminal:
Motion in limine; admissibility of evidence of other crimes; factors for consideration; admissibility of GPS evidence from defendant's electronic monitoring device; qualifications of account manager to give expert testimony regarding his company's electronic monitoring equipment; specialized knowledge beyond that possessed by an average layperson
(Giddings071124bt)
(Posted: July 12th 2024)
Criminal:
Motion for nolle presequi; refusal of witness to testify; intervention by party against whom defendant has claimed criminal conduct; factors to be considered by court in allowing nolle prosequi; discretion of Commonwealth's attorney; obligation of court to consider intervenor's position
(Thompson071124bt)
(Posted: July 12th 2024)
Criminal:
Appeal; timeliness of filing; habeas corpus petition treated as petition for post trial relief; availability of habeas relief for a convicted individual
(Norby-Vardac070224bt)
(Posted: July 9th 2024)
Criminal:
Appeal; failure to file rule 1925(b)(4) statement; waiver of issues
(Rawls070224bt)
(Posted: July 9th 2024)
Wills and Estates:
Petition to revoke spousal election; common law marriage; present intent to marry
(Girio070824C)
(Posted: July 9th 2024)
Civil:
Petition to allow alternative service on father in Panama, after mother and child immigrate to Lycoming County; compliance with the Rules of Civil Procedure for service outside the Commonwealth
(bastardo062824Ga)
(Posted: July 3rd 2024)
Adoption:
Involuntary termination of parental rights; parent demonstrates settled purpose to relinquish parental claim to child or fails to perform parental duties for at least six months; duty of parent to show interest in the child and a genuine effort to maintain communication and association with the child; existence of bond
(mwt062824G)
(Posted: July 3rd 2024)
Civil:
Motion in limine; lay witness testimony on causation of collapse of porch railing; testimony based on sufficient personal experience or specialized knowledge of the witness
(Rocky070224C)
(Posted: July 3rd 2024)
Criminal:
Suppression motion in juvenile matter; search of backpack handed off to another person; standing to object to search of abandoned property
(InreJW062524t)
(Posted: June 30th 2024)
Criminal:
Motion to dismiss; specificity of criminal information; request for bill of particulars as potential remedy; excessive and prejudicial delay between incident and arrest; prosecution after 25 years with no new evidence and no ongoing investigation; habeas corpus petition addressing the specificity of the details of the criminal conduct; sufficiency of evidence of kissing minor on lips to establish prima facie case of indecent assault; motion to preclude reference to "victim" at time of trial; discovery of Children & Youth records; in camera review
(Garison062524t)
(Posted: June 30th 2024)
Criminal:
Suppression motion; custodial detention requiring Miranda warnings; reasonable suspicion to justify K9 search of vehicle where defendant was stopped for alleged traffic violations and there was no evidence of criminal activity related to drugs
(Eigenbrod062524Bt)
(Posted: June 30th 2024)
Criminal:
Habeas corpus petition; prima facie evidence of delivery of a controlled substance; need for proof that defendant knew that a pill given to another contained fentanyl, where there was no evidence surrounding the circumstances of delivery
(Cooper062624bt)
(Posted: June 30th 2024)
Criminal:
Suppression motion; necessity to obtain consent for taped conversations between police officer and confidential informant, under the Wiretap Act; strict construction; reasonable expectation of privacy in common area outside of home; specificity of description of property to be searched in search warrant
(Carter062624bt)
(Posted: June 30th 2024)
Civil:
Motion in limine; testimony of fact witnesses in the case in chief regarding their favorable opinion of other work performed by defendants; inadmissible character evidence; premature effort to bolster their own credibility
(Stackhouse062824C)
(Posted: June 30th 2024)
Administrative Appeal:
Firearms license revocation appeal; revocation of license for "good cause" under 18 Pa. C.S. ยง 6109(e)(1) where appellant was subject to warrants and arrests; right to bear arms guaranteed under the Second Amendment to the Constitution; generalized concerns about public safety where warrants related to traffic or summary violations and not crimes of violence
(williams061724Li)
(Posted: June 25th 2024)
Civil:
Summary judgment motion; genuine issues of material fact as to the duty of a party; acts constituting assumption of a duty
(Miller061824C)
(Posted: June 25th 2024)
O'Shea vs. Loyalsock Rehab Center, LLC, Aristacare Health Services, Embassy Loyalsock, LLC and Embassy Healthcare
6.24.2024
William P. Carlucci
Civil:
Preliminary objections; sufficiency of allegations to support punitive damages demand in nursing home malpractice case; lack of factual allegations supporting alleged statutory violations or violations of other listed duties; liability of a corporate employee for his own torts even if acting in the course of his employment; pleading increasing revenue as motivation and fraudulent documentation, without factual basis as "scandalous or impertinent matter"
(O'Shea062424C)
(Posted: June 25th 2024)
Criminal:
Suppression motion; probable cause for issuance of search warrant; totality of circumstances and reasonable inferences which can be drawn therefrom viewed in a common-sense manner; stale information; credibility or reliability of confidential informant where conversations recorded
(Easter061424bt)
(Posted: June 25th 2024)
Criminal:
Post conviction relief act petition; timeliness; jurisdiction of the court
(Boone062024bt)
(Posted: June 25th 2024)
Criminal:
Habeas corpus petition; sufficiency of evidence of escape where defendant refused order to stop after being told that he was not free to leave, so that he could be arrested on a loitering charge; prima facie case of evading arrest or detention on foot where defendant flees on motorized scooter
(Benson061124bt)
(Posted: June 13th 2024)
Criminal:
Motion in limine; admissibility of victim's criminal charges to prove bias or expectation of leniency for witness's testimony for the Commonwealth; relevance of details of specific crimes charged and prejudice related to the nature of the crimes; admissibility of jail communications including evidence of truthfulness in conversations or regarding sexual promiscuity or regarding interaction with defendant; evidence used for impeachment; relevance of evidence of furnishing alcohol where those charges were dismissed; evidence that confuses charges and is prejudicial
(Freed060724bt)
(Posted: June 12th 2024)
Criminal:
Appeal of denial of post conviction relief act petition; jurisdiction of the court; timeliness of petition
(Sabur060624bt)
(Posted: June 12th 2024)
Criminal:
Motion to dismiss for violation of rule 600; calculation of excludable time
(Creighton043024bt)
(Posted: June 5th 2024)
Criminal:
Competency determination of rape defendant; conflicting testimony of experts on whether defendant has the requisite capacity to understand the factual nature of his criminal proceedings and his ability to assist in his defense; burden of proof
(Rulh043024t)
(Posted: June 5th 2024)
Criminal:
Defendant's motion to enforce plea agreement; cooperation with prosecution of co-defendant in return for "a plea agreement which would consider all the help and cooperation defendant was providing", authority of court to direct district attorney to negotiate in good faith; no meeting of minds on terms of agreement
(Strayer060324t)
(Posted: June 5th 2024)
Criminal:
Habeas corpus petition; prima facie case of robbery and kidnapping where victim is forced by defendant to travel with him to an ATM to withdraw money to which defendant was not entitled
(Nicholas060424bt)
(Posted: June 5th 2024)
Criminal:
Habeas corpus petition; sufficiency of circumstantial evidence to prove drug delivery resulting in death; suppression motion; probable cause for warrant to search cell phone based on evidence that phones were involved in commission of a crime
(edwards060424bt)
(Posted: June 5th 2024)
Criminal:
Post sentence motion; admissibility of prior bad acts evidence including voicemails that show motive, intent and hostility toward victim and became part of the history of the case and form part of the natural development of facts; sufficiency of evidence of risking a catastrophe where defendant crashes a vehicle into an occupied museum entranceway on a busy weekend; crashing a vehicle through the front doors of a museum constitutes criminal trespass; threatening statements made by defendant upon crashing the vehicle into the lobby of a museum sufficiently prove elements of terroristic threats; weight of the evidence; convictions not to shock one's sense of justice; sentencing discretion; consideration of untreated alcohol problem along with other factors in sentencing
(salazar052124Li.pdf)
(Posted: June 5th 2024)
Adoption:
Agency petition for involuntary termination of parental rights; settled purpose to relinquish parental claim; parent failing to perform parental duties for at least six months; parental incapacity that cannot be remedied; minimal or no compliance with the permanency plan; existence of bond between child and parent that is worth saving
(AdoptionAS052424t)
(Posted: June 4th 2024)
Lycoming Law Association
Address
25 West Third Street
Suite 803
Williamsport, PA 17701
